Loveland Bike Trail
 
> Meetings & Minutes > Commissioners' Minutes > BCC Minutes for 05/12/08  

 

 

 

 

 

MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

 

MONDAY, MAY 12, 2008

 

 

ASSESSMENT HEARING FOR GLACIER VIEW MEADOWS

LOCAL IMPROVEMENT DISTRICT (LID) 2007-1

(#208)

 

The Board of County Commissioners convened at 11:00 a.m. with Rex Burns, Engineering.  Chair Gibson presided and Commissioners Eubanks and Rennels were present.  Also present were:  Linda Sanders, Engineering; Ed Schemm, Environmental Health; and Angela Myers, Deputy Clerk.

 

Rex Burns addressed the Board and explained that Glacier View Meadows LID 2007-1 was created on July 30, 2007, by the Board of County Commissioners for the purpose of constructing, installing, completing and acquiring sanitation improvements in the District.  In November 2007, the property owners approved (with 86% of those who voted being in favor) an election to acquire debt of $500,000 to proceed with the project.  A direct loan has been approved by Colorado Water and Power Authority with an interest rate of 3.5%.

 

He further explained that there are 142 assessment units in the district, each paying $3,521.12.  The assessments may be paid in full, interest free, at the office of the County Treasurer on or before June 12, 2008.  If a property owner chooses not to pay in full by this date, the assessments may be paid in installments with interest.  The annual payment will be $247.75 for twenty years.  The owner of any property not in default as to any installment or payment may, at any time, pay the whole of the unpaid principal, with the interest accruing to the maturity of the next installment of interest or principal.

 

Startec Engineering has tentatively scheduled to begin construction in August 2008, and to complete the project in January 2009. 

 

Ms. Sanders explained that one letter was received concerning this hearing, a copy of which was provided to each member of the Board.  However, Ms. Sanders stated that she will let the author speak for herself during public comment, rather than to read the letter received.

 

Commissioner Rennels asked if the State Department of Health has been involved in this project.  Mr. Schemm indicated that they have been involved since the beginning, are requiring this change, and are currently reviewing the site application and other documents.

 

Chair Gibson opened the meeting to public comment.  Colleen Milner, author of the aforementioned letter and resident of Glacier View Meadows since 1980, addressed the Board and explained that she was a former member of the Water Board.  She expressed concern regarding handling of matters by the Glacier View Meadows Board and commented on some of the activities that have been of concern to her in the past.  Ms. Milner commented that she has requested many times in the past for the Board to develop a long-range plan for the community and stated that she does think this type of project is necessary; however, she is dismayed that earlier assessments she has paid did not specifically impact her property, but were instead used for the 12th Filing.

 

Chair Gibson explained that this is a new request and that past issues and concerns cannot be dealt with during this meeting.

 

John Milner, resident of Glacier View Meadows for 27 years, addressed the Board and expressed his concern regarding previous activities of the Glacier View Meadows Board, including road expenses; depth of sewer lines; and their concern about the money for projects, rather than their determination to do the projects correctly.  He further commented that he has to pay $92 per month for water and sewer, while others seem to have access to as much water as they need for $100 a year.  He stated that Glacier View Meadows is not, in his opinion, being run properly.

 

Albert Samuelson addressed the Board and explained that, while he is not a resident of Glacier View Meadows, he is a member of the Water and Sewer Board.  He expressed understanding of some of the concerns expressed by Mr. and Mrs. Milner.  He went on to explain some of the work accomplished by Ralph Goble on behalf of the community, and mentioned the various meetings that take place regarding management of the community.

 

Jim Petrie, member of the Water and Sewer Board, addressed the Board and commented about notices sent to all residents within the community on this topic.  He further stated that there is no effort underway to “put anything past” anyone in the community.

 

Chair Gibson again explained that this is a new project designed to provide for sewer service in the community and that past issues cannot be addressed during this meeting.  Discussion continued regarding the fact that the Larimer County Engineering Department will be responsible for making sure that the assessments for this project are paid and distributed appropriately on behalf of all those involved.

 

Mr. Schemm explained the history of the sewer plans for Glacier View Meadows, the fact that there is currently a long-range plan to deep-bury the sewer lines, and the fact that only the people benefiting from the project will be assessed for the project.  He interjected that this is the lowest cost project of this type that he has seen, and that the current management appears to him to be pretty good.

 

Chair Gibson asked about restrictions for others who may wish to be included at a later date.  Mr. Schemm explained that there are no other systems included at this time and that the lower 8th Filing cannot be included because of geographic conditions.  He further stated that no others could be included in the future - rather they would have to pursue a separate LID.

 

Commissioner Eubanks commented that he cannot overlook the overwhelming support of this project by those who voted on this measure, realizing as well that the turnout for such a vote was typical.  He stated that the vote has spoken for itself and that the history of other issues cannot be taken into consideration for this hearing.

 

Chair Gibson, seeing no further requests, closed public comment at this time. 

 

Commissioner Rennels that the concerns expressed are historical in nature.  She further stated that everyone wants accountability, and this project provides just that. 

 

M O T I O N

 

Commissioner Rennels moved that the Board of County Commissioners approve a Resolution Approving the Whole Cost of the Improvements to be made in Larimer County Local Improvement District #2007-1 (Glacier View Meadows); Approving and Confirming the Apportionment of Said Cost to Each Lot or Tract of Land in the District; Assessing a Share of Said Cost Against Each Lot or Tract of Land in the District; and Prescribing the Manner for the Collection and Payment of Said Assessments.

 

Also a document that needs the Chair’s signature that sets the rates at 3.5% “Certificate as to Rate of Assessment.”

 

Motion carried 3-0.

 

05122008R001           RESOLUTION APPROVING THE WHOLE COST OF THE IMPROVMENTS TO BE MADE IN LARIMER COUNTY LOCAL IMPROVEMENT DISTRICT NO 2007-1 (GLACIER VIEW MEADOWS); APPROVING AND CONFIRMING THE APPORTIONMENT OF SAID COST TO EACH LOT OR TRACT OF LAND IN THE DISTRICT; ASSESSING A SHARE OF SIAD COST AGAINST EACH LOT OR TRACT OF LAND IN THE DISTRICT; AND PRESCRIBING THE MANNER FOR THE COLLECTION AND PAYMENT OF SAID ASSESSMENTS

 

The meeting recessed at 11:35 a.m.

 

 

land use hearing

(#208)

 

 

The Board of County Commissioners reconvened at 3:00 p.m. with Matt Lafferty, Principal Planner.  Chair Gibson presided, and Commissioner Rennels was present. Also present were:  Jeannine Haag, Bill Ressue, County Attorneys; Michael Whitley and Sean Wheeler, Planning; Doug Ryan, Environmental Health Department; Eric Tracy, Traci Downs and Matt Johnson, Engineering;  Cindy Clay and Gael Cookman, Deputy Clerks.

 

Chair Gibson opened the meeting with the Pledge of Allegiance and asked for public comment on the County Budget and Land Use Code.  No one from the audience addressed the Board regarding these topics.

 

Chair Gibson explained that the following items are on consent and would not be discussed unless requested by the Board, staff, or members of the audience:

 

1.    CABIN CREEK SUBDIVISION, FILE #07-S2752:  This is a request for approval to subdivide two parcels with a combined total of 121.93 acres into 4 single-family residential lots.  The site is located in the Crystal Lakes area.  The County Commissioners granted an appeal to allow the use of the Subdivision process instead of the Conservation Development process on June 25, 2007.  The request also includes an appeal to the County Road Standards to use the “Appendix G” private road standard for the existing road instead of “Appendix C” being the minimum standard for public roads.

 

This item was on the Planning Commission consent agenda for December March 19, 2008.  One Planning Commissioner asked if the remaining larger parcels could be further subdivided.  Because the parcels significantly exceed the minimum lot size for the zoning, Staff indicated the applicant could seek to further subdivide the larger lots through the County process.  There were no other questions or concerns raised about the request.  The Planning Commission voted 6-0 in favor of recommending approval of the appeals to the road standards and in support of the subdivision proposal, subject to the conditions recommended by Staff.

 

Following the Planning Commission Hearing, the applicant met with Staff to discuss Parcels 1 and 2 as shown on the Preliminary Plat.  For ease of review, Staff asked the applicant to show Lots 1 and 2 and their related parcels on the Preliminary Plat, even though they are not contiguous and would ultimately be drawn on individual plats as two, one-lot Subdivisions.  During the review process, Staff determined that the two larger parcels could be shown as lots to eliminate the need to create separate plats.  Staff made this recommendation to the Planning Commission because the applicant would still have the option to seek further subdivision of the larger lots under the County’s regulations.  This would also be less expensive for the applicant.  The applicant has indicated he does not wish to show the two larger parcels as lots on the Final Plat.  He is aware of the added survey and deed costs as well.  Because the remaining two parcels shown on the Preliminary Plat are 54 and 56 acres in size Staff supports the request, as long as the applicant creates deeds that describe the two parcels to be recorded at the County Clerk.  In addition, because Lots 1 and 2 would no longer be contiguous, the applicant must provide individual Final Plats, and have them renamed Cabin Creek East Subdivision and Cabin Creek West Subdivision or some other similar designation.  Accordingly, Staff recommends removing the second sentence of Condition #5, and adding language about the changes.  Staff concludes the resulting development would remain consistent with the plan supported by the Planning Commission.

The Planning Commission recommends approval of the Cabin Creek Subdivision, File #07-S2752, appeal to Appendix C Road Standards, to allow the applicant to use the Appendix G Standards.

 

The Planning Commission recommends approval of the Cabin Creek Subdivision, File #07-S2752, subject to the following conditions:

 

1.   The Final Plat of the Cabin Creek Subdivision shall be consistent with the information contained in the file, #07-S2752 or as modified by conditions of approval.

2.   The following fees shall be collected at the time of building permit for new single-family dwellings: the Poudre School District fees in lieu of dedication, the Larimer County Capital Transportation Expansion fee and the Larimer County Park Fee in lieu of dedication.  The fee amount that is current at the time building permit application shall apply.  Before construction, the applicant must also contact the County Engineering Department to obtain a Development Construction Permit along with an access permit.

3.   The applicant shall sign a Final Development Agreement, to be prepared by Staff and approved by the County Attorney, which details in standard language the conditions of approval and other important information related to the Subdivision.

4.   The applicant shall sign a Final 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 must include, but is not limited to; all issues related to rural development; the requirement for engineered footings and foundations and the requirement for passive radon mitigation.  Other items raised in the review, or related to compliance with the Larimer County Land Use Code, may also be included.

5.  All lots shall have building envelopes to prevent the location of new construction in hazard areas or areas of steep slopes.  The Final Plat shall also show Parcel’s 1 and 2 as Lot 3 and Lot 4 of the Cabin Creek Subdivision.

6.  The applicant shall provide a Forest Management Plan and a Wildfire Mitigation Plan for review and approval by the County Emergency Services Specialist and the County Forrester.  The Plans shall address the requirements of contained in the memorandum dated 5-09-07 from the Sheriff’s Department (Emergency Service Provider) related to issues such as access, building envelopes, firefighting requirements, etc. 

 

2. CRYSTAL LAKES 9TH FILING LOTS 109 AND 110 LOT CONSOLIDATION/EASEMENT VACATION, FILE #08-S2792:  This is a request for Lot consolidation to combine two contiguous lots and vacate a 20-foot utility easement located on the common lot line of Lots 109 and 110 of Crystal Lakes 9th Filing. 

 

There have been no objections to this proposal by the 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 Code Compliance Section

·   The Larimer County Addressing Section

·   The Larimer County Assessor’s Office

 

The Assessor’s letter provides the new legal description of the resultant lot. Staff referred the application to other internal and external reviewing agencies and the affected utility companies, no other comments were received.

 

The proposed Lot Consolidation of Crystal Lakes 9th Filing Lots 109 and 110 and 20’ Utility Easement Vacation, will not adversely affect any neighboring properties or any County agency.  The Lot Consolidation will not result in any additional lots.  The staff finds that the request meets the requirements of the Larimer County Land Use Code.

 

The Development Services Team recommends approval of Lot Consolidation for Crystal Lakes 9th Filing Lots 109 and 110, File #08-S2792 and the vacation of the 20’ 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 12, 2008 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. 

 

 

3.         WOLCOTT PLANNED LAND DIVISION/PLANNED DEVELOPMENT, FILE #08-S2778:  This is a request to rezone from C (Commercial) to PD (Planned Development) and a request to divide one parcel by Planned Land Division (PLD) into two commercial use lots.

 

This is the Preliminary Plat of Lot 1 of the Wolcott Minor Land Division located at 1903 Lincoln Avenue, 1/8 of a mile southeast of Airpark Road. The proposal requests a rezone of the subject property to PD-Planned Development and a subdivision by Planned Land Development to accommodate two commercial lots.  The Hideout Bar, approved by site plan in 2007 (File# 07-SP0207) is located on the west lot and is currently under construction and the east lot may become a motorcycle repair shop. 

The subject site fronts onto Lincoln Avenue. Both lots would receive access from Lincoln Avenue through a shared access point.  Adjacent to the property on the west is a restaurant, to the east is an import car dealer/ repair shop, there are various commercial uses to the north including a brewery, granite business, and a fencing company, and to the south are various commercial and industrial uses including a rent-to own store, a warehouse, and a truck repair facility.

The majority of the site is relatively flat with drainage flowing to the southeast.  The attached development plan shows two building sites planned for the property, one is currently under construction as The Hideout Bar.  The plan includes easements for sanitary sewer, utilities, irrigation, telephone, ingress and egress, and emergency access.

The project is located within the East Mulberry Corridor Plan (EMCP) area. The EMCP calls for the area to be commercial, providing a variety of uses to serve residents, businesses, and travelers.  The EMCP Framework Plan and the City Structure Plan are consistent with respect to the type of land use that will occur in this area. 

 

The Planning Commission and Development Services Team recommends to the Board of County Commissioners that the Wolcott Planned Development, file #08-S2778 be approved subject to the following conditions:

 

  1. The rezoning shall be effective upon the recordation of the final plat of Wolcott Planned Land Division.

 

2.   The permitted uses, lot building and structure requirements, setbacks and structure height limitations for Wolcott Planned Land Division shall be as follows:

 

  • Uses followed by an (R) are allowed by right.
  • Uses followed by an (MS) require approval through the minor special review process.
  • Uses followed by an (S) require approval through the special review process described in section 4.5.
  • Uses followed by an (R/S) may be allowed by right or require special review approval based on thresholds in section 4.3 (use descriptions).
  • Uses followed by an (L) require review through the location and extent review process described in section 13.0.

 

PD (Planned Development)

A.   Principal uses:

Agricultural

Garden supply center (R)

Pet animal facility (R)

Pet animal veterinary clinic/hospital (R/S)

Commercial

Convenience store (R)

Automobile service station (R)

Carwash (R)

Professional office (R)

General retail (R/S) See section 4.3

General commercial (R)

Personal service (R)

Takeout restaurant (R)

Sit-down restaurant (R)

Nightclub (R)

Flea market (R/S)--See section 4.3 (use descriptions and conditions)

Instructional facility (R)

Outdoor display/sales (R)

Outdoor Storage (R/MS)

Clinic (R)

 

Institutional

Health services (R)

Hospital (R)

School, public (L)

School, nonpublic (R/S)--See section 4.3

Rehabilitation facility (R)

Sheriff/fire station (L)

Church (R)

Recreational

Place of amusement or recreation (R/S)--See section 4.3

Membership club/clubhouse (R)

Accommodation

Hotel/motel (R)

Industrial

Enclosed storage (R)

Trade use (R/S)--See section 4.3

Light industrial (S)

Utilities

Utility substation (L)

Treatment plant (L)

Commercial mobile radio service (R/S)

Radio and television transmitters (S)

Water storage facility (L)

Transportation

Transportation depot (R)

Bus terminal (R)

Transportation service (R)

Parking lot/garage (R)

Park and ride (R)

 

B.   Lot, building and structure requirements:

1.   Minimum lot size:

5,000 Square feet

2.   Minimum setbacks:

a.   Front yard - 15 feet from the property line or from the nearest edge of the road easement.

b.   Side yards - 10 feet.

c.   Rear yards - 20 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

 

 

The Planning Commission and Development Services Team recommends to the Board of County Commissioners that the Wolcott Planned Land Division, file #08-S2778, 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 Wolcott Planned Land Division (File #08-S2778), 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 Wolcott Planned Land Division.

 

2.   The following fees shall be collected at building permit issuance:  Larimer County fees for County and Regional Transportation Capital Expansion and applicable drainage fees.  The fee amount that is current at the time of building permit application shall apply.

 

3.   Prior to final plat approval the applicant shall adequately address all referral agency comments and Engineering concerns or, if a subsequent site plan is needed, prior to the approval of a site plan.

 

4.   Prior to final plat approval the applicant shall adequately address comments from Public Service Company/ Xcel Energy. A 10’ easement on both sides of an overhead line on the property is needed. The applicant will show the easement on the revised final plat prior to approval.

 

M O T I O N

 

Commissioner Rennels moved that the Board of County Commissioners approve the consent agenda, as outlined above.

 

Motion carried 2-0.

 

 

The hearing recessed at 3:05 p.m.

 

 

LAND USE HEARING

(#208)

 

The Board of County Commissioners reconvened at 6:30 p.m. with Rob Helmick, Senior Planner.  Chair Gibson presided and Commissioners Eubanks and Rennels were present.  Also present were:  Karin Madson, Planning Department; Henry Marks, Extension Office; Doug Ryan, Environmental Health Department, Jeannine Haag, Assistant County Attorney; Gael Cookman and Cindy Clay, Deputy Clerks. 

 

1. LARIMER COUNTY LAND USE CODE AMENDMENTS, FILE #08-CA0082: This is a request to make changes to the adopted Land Use Code.

 

These proposed code amendments were heard by the Planning Commission on April 16, 2008.  Staff noted a couple of corrections to the proposed language.  The Planning Commission had few comments and questions regarding the proposed amendments.  Four individuals provided comment with regard to the proposed amendments.   Public testimony included comments regarding the number of allowed generators, the height or generators, painting, tower design, lot size, setback requirements, electrical connections and wiring and the Minor Special Review process.  A copy of the meeting minutes is attached.  .  The Planning Commission voted unanimously to forward the amendments to the Board of County Commissioners with a recommendation for approval.   

The Planning Commission and staff recommendation is to adopt the amendments to the Larimer County Land Use Code, #08-CA0082, as follows:

 

1.         Add the following definitions to the Land Use Code Section 0.1:

 

Wind Generator: A generator specifically designed to convert the kinetic energy in wind into electrical energy.  A wind generator may include a generator, tower and associated control or conversion electronics.  The height of a wind generator is measured at the hub of the generator.

Small Wind Energy Facility: A facility which is used for the production of electrical energy from energy supplied by the wind including any transmission lines, and developed for the purposes of supplying or distributing electrical energy to a customer or customers, and in which there are no more than three wind generator towers and the hub height of the wind towers does not exceed 80 feet.

Electric transmission lines.  Electrical power lines that carry voltages of at least 69,000 volts (69kV) and are primarily used to carry electric energy over medium to long distances rather than directly interconnecting and supplying electric energy to retail customers.

 

2.         Add wind generator to the accessory uses in Land Use Code Section 4.3.10. as follows:

 

L. Accessory Wind Generator.  Each lot may include a wind generator for the use of the property owner. An accessory wind generator that cannot meet all the following standards requires review and approval through the Minor Special Review process.  A wind generator must meet the following standards:

1.   One wind generator per lot is allowed.

2.   The lot must be at least one acre.

3.   The hub height of the wind generator must not exceed 40 feet.

4.   The wind generator must be setback from property lines, public rights of way  and access easements at least 2 times the hub height of the generator

5.   The wind generator must be painted or coated a non-reflective white, grey or other neutral color.

6.   The wind generator must not be artificially illuminated.

7.   The wind generator must not be used to display advertising. 

8.   Electrical controls must be wireless or underground and power lines must be underground except for an interconnection to an existing above ground power grid.

9.   Noise emanating from the wind generator must be in compliance with Larimer County Code Chapter 30, Article V. Noise.

 

3.         Add Small Wind Energy Facility to the industrial uses in Land Use Code Section 4.3.7 as follows:

 

N.  Small Wind Energy Facility: A facility which is used for the production of electrical energy from energy supplied by the wind including any transmission lines, and developed for the purposes of supplying or distributing electrical energy to a customer or customers, and in which there are no more than three wind generator towers and the hub height of the wind towers does not exceed 80 feet.

1.    A Small Wind Energy Facility must meet the following criteria in addition to the Section 4.5 Minor Special Review Criteria:

a.    A Small Wind Energy Facility must be sited and designed to minimize adverse visual impacts on neighboring properties.

2.    A Small Wind Energy Facility must meet the following standards:

a.    A Small Wind Energy Facility must be setback from property lines, public rights of way and access easements at least 2 times the hub height of the generator. 

b.         A Small Wind Energy Facility must be located on a lot or parcel of at least one acre.

c.         The wind generator turbines and towers must be painted or coated a non-reflective white, grey or other neutral color.

d.    A Small Wind Energy Facility must not be artificially illuminated unless required by the FAA.

e.    A Small Wind Energy Facility must not be used to display advertising. 

f.    Electrical controls must be wireless or underground and power lines must be underground except where the electrical collector wiring is brought together for connection to the transmission or distribution network, adjacent to that network.  Proposed transmission facilities must be identified and included as part of the Small Wind Energy Facility project.

g.    Noise emanating from the Small Wind Energy Facility must be in compliance with Larimer County Code Chapter 30, Article V. Noise.

h.    The operator of the Small Wind Energy Facility must minimize or mitigate any interference with electromagnetic communications, such as radio, telephone or television signals caused by the facility.

i.    Towers for wind generators must be constructed of a tubular design and include anti-climb features.

j.    A Small Wind Energy Facility must be designed to minimize access and associated site disturbance.  Construction access must be regraded and revegetated to minimize environmental impacts.

k.    A Small Wind Energy Facility application must include an agreement that addresses decommissioning and abandonment of the facility.  The agreement must at a minimum provide for reuse or dismantlement of the facility at the owner’s expense.

 

4.         Add Small Wind Energy Facility as a use allowed by Minor Special Review (MS) to the FA Farming, FA-1 Farming, O Open, I Industrial and I-1 Industrial zoning districts as follows:

 

Add a new item to the follow zoning sections:

·   FA-Farming Section 4.1.1.A. Industrial 39. Small wind energy facility (MS) and renumber the remainder of the section.

 

·   FA-1 Farming Section 4.1.2.A. Industrial 39. Small wind energy facility (MS) and renumber the remainder of the section.

 

·   O-Open Section 4.1.5.A. Industrial 50. Small wind energy facility (MS) and renumber the remainder of the section.

 

·   I-Industrial Section 4.1.19.A. Industrial 33. Small wind energy facility (MS) and renumber the remainder of the section.

 

·   I-1 Industrial Sections 4.1.20.A. Industrial 13. Small wind energy facility (MS) and renumber the remainder of the section.

 

5.    Add a new row to the Zoning Table after the Industrial Power Plant as follows:

Category: Industrial

Use: Small Wind Energy Facility

FA, FA-1, O, I and I-1: MS

 

6.         Modify Section 4.9.6. Maximum structure height as follows:

 

A. 5.  The maximum height limitations in Section 4.1 of this code do not apply to radio and television transmitters, accessory wind generators approved by minor special review, and/or small wind energy facilities.  

 

7.    Add a new review criteria to Section 4.5.3  and 4.5.5 to include a reference to additional criteria in some use descriptions as follows:

 

F.   The applicant has demonstrated that this project can meet applicable additional criteria listed in the Section 4.3 Use Descriptions.

 

Ms. Madson briefly explained the changes as outlined above and recommended staff approval of the same.

 

At this time, Commissioner Gibson opened the hearing for public comment.  Dennis Jones of Majestic Wind Power and  Southwest Wind Power addressed the Board.  Mr. Jones expressed his concern over the limitations of who and who cannot use these small wind power generators and expressed his desire to come up with a plan that will work for all. He felt that the lot size should be examined and not be limited to people that owned one acre or more.  Also, he felt that the setbacks limited the different variabilities.  The $600 Minor Review Fee was another concern and Commissioner Rennels explained that this was an issue that could be brought before the Board of County Commissioners requesting the fee be waived. 

 

There was no further public comment.

 

M O T I O N

 

Commissioner Rennels moved that the Board of County Commissioners approve the proposed code amendments as recommended by the Planning Commission and staff. 

 

Motion carried 3-0. 

 

The meeting adjourned at 6:45 p.m.

 

 

TUESDAY, MAY 13, 2008

 

ADMINISTRATIVE MATTERS

(#209)

 

The Board of County Commissioners met at 9:00 a.m. with Assistant County Manager Neil Gluckman.  Chair Gibson presided. Commissioner Rennels and Commissioner Eubanks were present.  Also present were Donna Hart and Deni LaRue, Commissioners’ Office; Matt Lafferty, Planning; Linda Sanders and Rex Burns, Engineering; Carol Block and Steve Bell, Financial Services; Gary Buffington, Parks and Open Space;  Jay Helzer and Wayne Eads, Greeley Independent Stampede Committee; George Haas, County Attorney; Sharon Green, Friends of Larimer County Parks and Open Lands; Cindy Clay and Gael Cookman, Deputy Clerks. 

 

1. PUBLIC COMMENT:  There was no public comment on this day.

 

2. PROCLAMATION – LARIMER COUNTY DAY AT THE GREELEY INDEPENDENT STAMPEDE :  Mr. Eads and Mr. Helzer thanked the Board and welcomed the Northern Colorado community to the 86th annual Greeley Independent Stampede.  The Stampede will run for 12 consecutive days this year, from June 25 to July 6, 2008.  They discussed the outstanding lineup for this year’s program and presented a Proclamation to the Board proclaiming Friday, June 27th Larimer County Day at the Greeley Stampede.  Commissioner Rennels read the proclamation aloud.

 

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners accept the proclamation and proclaim Friday, June 27, 2008, Larimer County Day at the Greeley Independence Stampede.

Motion carried 3-0.

 

3. ASSISTANT COUNTY MANAGER WORKSESSION:  Mr. Gluckman discussed one Legislative item having to do with an old US Senate and House Bill, the Public Safety Employee Cooperation Act, requiring any local or state public safety entity to have collective bargaining.  NACo  has asked all County Commissioners to write a letter to their Senator to oppose the Senate Bill.  As Commissioners had not had the opportunity to fully review the Bill, further discussion would continue at a later time within this Administrative Matters Meeting.

 

4. LEGAL MATTERS:

 

M O T I O N

Commissioner Eubanks moved that the Board of County Commissioners go into Executive Session for conferences with an attorney for the purpose of receiving legal advice on specific legal questions as outlined in 24-6-402-4 (b) C.R.S.

Motion carried 3-0.

 

5. APPROVAL OF THE MINUTES FOR THE WEEK OF MAY 5, 2008:

 

M O T I O N

Commissioner Rennels moved to approve the minutes for the week of May 5, 2008, as published.

Motion carried 3-0.

 

6. REVIEW OF THE SCHEDULE FOR THE WEEK OF MAY 9, 2008Ms. Hart reviewed the upcoming schedule with the Board.

 

7. CONSENT AGENDA:

 

M O T I O N

Commissioner Eubanks moved that the Board of County Commissioners approve the Consent Agenda as published for May 13, 2008.

 

PETITIONS FOR ABATEMENT:  As recommended by the County Assessor, the following Petitions for Abatement are recommended for approval:  Schwartz, Arthur R/Eileen J Trustees.

 

05132008A001           PROPOSAL NO. P08-01; PROFESSIONAL SERVICES AGREEMENT BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS OF LARIMER COUNTY, COLORADO AND THE ARCHITECTS STUDIO.

05132008A002           CONTRACT FOR PROFESSIONAL SERVICES BY AND BETEWEEN THE BOARD OF COUNTY COMMISSIONERS OF LARIMER COUNTY, COLORADO AND WEMBER INC.

051312008A003         DEVELOPMENT AGREEMENT FOR FOX HOLLOW PLANNED DEVELOPMENT & PLANNED LAND DIVISION (PLANNING FILE #07-S2666) BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS OF LARIMER COUNTY, COLORADO AND JANE ALEXANDER

05132008R001           FINDINGS AND RESOLUTION APPROVING THE BIG VALLEY HOMESTEADS III PRELIMINARY RURAL LAND PLAN AND BIG VALLEY HOMESTEADS II AMENDED RURAL LAND PLAN

05132008R002           FINDINGS AND RESOLUTION AMENDING THE DEVELOPMENT AGREEMENT FOR THE AUBURN ESTATES CONSERVATION DEVELOPMENT

 

MISCELLANEOUS:  1) Final Plat – Fox Hollow Planned Land Development/Planned Development   2) Larimer County Department of Natural Resources Park Advisory Board Bylaws  3) Larimer County Natural Resources Revised pen lands Advisory Board Bylaws

 

LIQUOR LICENSES:  JJ’s Lounge, Inc dba JJ’s Lounge – Tavern – Fort Collins

Motion carried 3-0.

 

8.  THE FRIENDS OF LARIMER COUNTY PARKS AND OPEN LANDS DONATION PRESENTATION FOR CONSTRUCTION OF  HERMIT PARK ENTRANCE SIGN:  Mr. Buffington introduced Sharon Green from the Friends of Larimer County Parks and Open Lands.  Ms. Green presented a check to the Board of County Commissioners in the amount of $4,876.  These monies were raised through fundraising efforts by Friends of Larimer County Parks and Open Lands (Friends),  donations from the Estes Valley Land Trust and donations from Hewlett Packard employees.  These donations were made to assist in the purchase and or upgrading of Hermit Park.  The $3,000 portion of the donation by Friends was specified for entrance signage at Hermit Park.  Mr. Buffington informed the Board of the opening dates for Hermit Park.  Reservations have been accepted since May 10 and Memorial Day weekend will be their opening date for the park.  Reservations for camping and cabins may be made online or through the reservation system.

 

M O T I O N

Commissioner Rennels moved to accept the Friends of Larimer County Parks and Open Lands Donation for Construction of an Entrance Sign to Hermit Park.

Motion carried 3-0.

 

9. COMMISSIONER ACTIVITY REPORTS:  The Commissioners noted their attendance at events during the past week.

 

10. ASSISTANT COUNT MANAGER WORKSESSION (CONTINUATION): The Board of County Commissioners reviewed the Senate Bill 2123, Mandatory Collective Bargaining.  Mr. Gluckman stated his understanding that this Bill would supersede any State law or statute and would federalize this piece of allowing public safety employees to have collective bargaining.  The Board was in agreement in their belief that the Federal government should not mandate something that should be taken care of at a state or local level. 

 

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners write a letter to NACo in opposition of Senate Bill 2123.

Motion carried 3-0.

 

M O T I O N

Commissioner Eubanks  moved to adjourn as the Board of County Commissioners and Reconvene as the Board of Directors of the Larimer County Centro Business Park Public Improvement District No. 38.

Motion carried 3-0.

 

11. APPROVAL OF BOND DOCUMENTS AND PRELIMINARY OFFICIAL STATEMENT FOR CENTRO BUSINESS PARK PUBLIC IMPROVEMENT DISTRICT #38:  Ms. Sanders discussed the approval of a debt in November of 2007 by the Centro Business Park for the improvement of roads and ongoing maintenance of the District.  She stated that they are now ready to have a bond agreement and resolution approving this to begin road improvement.  Mr. Burns explained that this area has been an ongoing problem for the Engineering Department from a drainage standpoint.  He expressed his gratitude for the availability of funds to try to alleviate this problem.  Mr. Bell conveyed the bond is in the amount of $940,000, secured  by the property values in the Public Improvement District, and would be for a period of 12-years.  The issue was priced and because of Larimer County’s strong credit, they were able to sell the 12-year maturity bonds at an exceptional overall borrowing cost.

 

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners approve the Resolution for the issuance and sale of the district’s general obligation bonds, Series 2008: approving a Registrar agreement, bond purchase agreement, letter of representation and a preliminary official statement in connection therewith authorizing the project; providing details concerning the bonds and funds appertaining thereto: ratifying acts previously taken concerning said bonds; repealing all resolutions in conflict herewith; and providing other matters relating thereto.

Motion carried 3-0.

 

05132008R003           A RESOLUTION OF THE LARIMER COUNTY CENTRO BUSINESS PARK PUBLIC IMPROVEMENT DISTRICT NO 38 AUTHORIZING THE ISSUANCE AND SALE OF THE DISTRICT’S GENERAL OBLIGATION BONDS, SERIES 2008, APPROVING A REGISTRAR AGREEMENT, BOND PURCHASE AGREEMENT, LETTERS OF REPRESENTATION AND A PRELIMINARY OFFICIAL STATEMENT IN CONNECTION THEREWITH, AUTHORIZING THE PROJECT, PROVIDING DETAILS CONCERNING THE BONDS AND FUNDS APPERTAINING THERETO, RATIFYING ACTS PREVIOUSLY TAKEN CONCERNING SAID BONDS, REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH, AND PROVIDING OTHER MATTERS RELATING THERETO

 

M O T I O N

Commissioner Eubanks moved to Adjourn as the Board of Directors of the Larimer County Centro Business Park Public Improvement District No. 38 and Reconvene as the Board of County Commissioners.

Motion carried 3-0.

 

There being no further business, the meeting adjourned at 10:30 a.m.

 

 

__________________________________

                                                                                                GLENN GIBSON, CHAIR

                                                                                                BOARD OF COMMISSIONERS

 

 

SCOTT DOYLE

CLERK AND RECORDER

 

 

ATTEST:

 

_________________________________

Angela Myers, Deputy Clerk

 

_______________________­­­­__________

Cindy A. Clay, Deputy Clerk

Background Image: Loveland Bike Trail by Sharon Veit. All rights reserved.