> Meetings & Minutes > Commissioners' Minutes > BCC Minutes for 06/02/08  

MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

 

 

Monday, June 2, 2008

 

land use hearing

(#215)

 

The Board of County Commissioners met at 3:00 p.m. with Matt Lafferty, Principal Planner.  Chair Gibson presided and Commissioner Eubanks was present.  Also present were: Toby Stauffer, Planning Department; Eric Tracy, Engineering Department, Bill Ressue, County Attorney’s Office; Gael Cookman, Clerk and Recorder’s Office; and Cindy Clay, Deputy Clerk.

 

Chair Gibson opened the meeting with the Pledge of Allegiance and asked for public comment on the County Budget and Land Use Code.  Del Black addressed the Board.  Mr. Black stated his opinion that the Land Use process has taken away opportunities for citizens to experience the same privileges he was able to enjoy years ago.  He believes that there are too many restrictions placed on citizens of Larimer County.  He addressed such issues as the inability for a citizen to live in “temporary housing”, such as a trailer on the property, while building their home.  Mr. Lafferty and Commissioner Gibson confirmed that many changes have taken place and encouraged Mr. Black to meet with staff to address these concerns.

 

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:

 

GLEN HAVEN LOTS 10 & 11, BLOCK 5 AMENDED PLAT, FILE #18-S2796:

This is a request to amend the plat of Glen Haven Subdivision to add a portion of Lot 11 to Lot 10 and combine two pieces of Lot 10 into one lot. Hummingbird Hill Road currently crosses through and divides Lot 10, the road will remain, however the two separate parcels will be combined into one parcel with a road through the middle.

 

No neighbors have voiced any objections to this proposal.  Additionally, the following Larimer County agencies have stated that they have no objections to this proposal:

§   Addressing Review Section

§   Department of Health and Environment

§   Engineering Department Development Review Team


Comments received from the Engineering Department Development Review Team have requested a 40’ access easement for Humming Bird Hill Road. Forty feet is a standard size access easement in the County. Given the constraints on the property and the previously approved variance for the property, 08-BOA0700, the Engineering Department and the Development Review Team would like to change the recommendation to request a 20’ wide access easement for the property.  The 20’ wide access easement would accommodate two-way traffic as needed and still allow the property owners use of their property and existing buildings.

The existing buildings were approved by the Board of Adjustment to be specific distances from the edge of the road; the buildings can remain as is after this action. Any future buildings or additions would need to be setback from the edge of the road access easement.

Comments received from the Land Surveyor of the Larimer County Engineering Department identify several required corrections to the plat.

The Planning Commission and Development Services Team recommends  approval of the Amended Plat of Lots 10 & 11 of Glen Haven Subdivision, File # 08-S2796, 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.   The Final Plat shall be recorded by December 2, 2008, or this approval shall be null and void.

2.   Prior to the recordation of the Final Plat the applicant shall make the technical corrections requested by the Land Surveyor of the Larimer County Engineering Department.

3.   Any future buildings and structures will be setback from the edge of the 20’ access easement.

 

2.  BUDERUS EXEMPTION TRACT A AMENDED PLAT, FILE #08-S2798: This is a request is to amend the plat of the Buderus Exemption to adjust the lot line between two portions of Tract A. The Buderus Exemption includes three tracts, Tract A consisting of two parcels and Tract B as the third parcel. After this Amended Plat, three parcels will remain. The two parcels within Tract A will have different boundary lines and they will be renamed as Tract 1 and Tract 2. The third parcel will remain as Tract B of the Buderus Exemption.

No neighbors have voiced any objections to this proposal.  Additionally, the following Larimer County agencies have stated that they have no objections to this proposal:

§   Department of Health and Environment

§   Engineering Department Development Review Team

§   Addressing Review Section

 

Comments received from the Land Surveyor of the Larimer County Engineering Department identify several required corrections to the plat.

The Planning Commission and Development Services Team recommends approval of the Amended Plat of Tract A, Buderus Exemption, File # 08-S2798, 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.  The Final Plat shall be recorded by December 2, 2008, or this approval shall be null and void.

2.   Prior to the recordation of the Final Plat the applicant shall make the technical corrections requested by the Land Surveyor of the Larimer County Engineering Department.

 

M O T I O N

Commissioner Eubanks moved that the Board of County Commissioners approve the consent agenda as published.

Motion carried 2-0.

The hearing recessed at 3:10 p.m.

 

LAND USE HEARING

(#216)

 

The Board of County Commissioners reconvened at 6:30 p.m. with Matt Lafferty, Principal Planner.  Chair Gibson presided, and Commissioner Eubanks was present. Also present were:  Traci Downs, Engineering; Doug Ryan, Health; Bill Ressue, County Attorney; Gael Cookman, Clerk and Recorder’s Office; and Cindy Clay, Deputy Clerk.

 

1.  OBERMEYER HYDRO AMENDED SPECIAL EXCEPTION, FILE #06-Z1589:

Mr. Lafferty requested the issue be tabled to June 23, 2008, at 6:30 p.m. as the Attorney for the applicant had not been able to prepare due to the Windsor tornado situation.  Applicant, Henry Obermeyer, confirmed their desire to table the issue.

 

M O T I O N

Commissioner Eubanks moved to table the Obermeyer Hydro, Inc. Amended Special Exception, File #06-Z1589, until June 23, 2008,.

Motion carried 2-0.

 

There being no further business, the meeting adjourned at 6:35p.m.

 

TUESDAY, JUNE 3, 2008

 

ADMINISTRATIVE MATTERS

(#216)

 

The Board of County Commissioners met at 9:00 a.m. with County Manager Frank Lancaster. Chair Gibson presided and Commissioner Eubanks and Commissioner Rennels were present.  Also present were Deni LaRue, Gary Darling, Bob Keister, and Neil Gluckman, Commissioners’ Office; Kathy Snell, Ginny Riley, Lisa Summers, and Marie Osborne, Health and Human Services Department; Joni Friedman, Work Force Center; Gary Buffington and Lori Smith, Natural Resources Department; Joe Ferrando, Community Corrections Department; Candace Phippen and Matt Lafferty, Planning Department; Carol Block, Finance Department; Andy Paratore and Greg Vickerman, Facilities and Information Technology Division; Ellen Hodges, Forest Service Office; Major Bill Nelson, Sheriff’s Department; Dale Miller, Road and Bridge Department; Mark Peterson, Rusty McDaniel, Martina Wilkinson, and Joe Temple, Engineering Department; George Haas, County Attorney’s Office; Larry Abrahamson and Linda Coxen, District Attorney’s Office; Gael Cookman, Clerk and Recorder’s Office; and Cindy Clay, Deputy Clerk.

 

1.    PUBLIC COMMENT:  Kristy Lahnert brought to attention land use violations at Columbine Camp, a campground located next to her property at 9994 Poudre Canyon.  The current operator is not adhering to the County restrictions in place as to the number of campers allowed and the level of noise.  Candace Phippen stated that there is a court order in place which she believes can be transferred to the new owners.  Mr. Lancaster stated that if the court order is violated, they would be in contempt.  At that point, it would be up to the County Attorney’s office to pursue avenues such as closing the campground down.  Commissioner Rennels suggested a letter be drawn up by the County Attorney referencing this court order and sent to the owner/operator of Columbine Campground as a “warning”, giving them the opportunity to clean up these violations or face being shut down.  Mr. Lancaster stated that this coming weekend packs a very full schedule at Mishawaka and Ms. Phippen assured the Board that Code Compliance would visit the campground before the end of the week.

 

2.  APPROVAL OF THE MINUTES FROM THE WEEK OF MAY 26, 2008:

M O T I O N

Commissioner Eubanks moved that the Board of County Commissioners approve the minutes for the week of May 26, 2008.

Motion carried 3-0.

 

3. REVIEW OF THE SCHEDULE FOR THE WEEKS OF JUNE 9 AND 16, 2008:  Ms. Hart was not present so no review was presented.

 

4. CONSENT AGENDA: 

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners approve the following items as presented, on the Consent Agenda for June 3, 2008:

 

06032008A001           AGREEMENT BY AND BETWEEN THE BOARD OF COMMISSIONERS AND TRANE U.S. INC.

 

06032008A002           RIGHT-OF-WAY EASEMENT AGREEMENT BETWEEN POUDRE VALLEY RURAL ELECTRIC ASSOCIATION, INC. AND THE BOARD OF COMMISSIONERS

 

06032008A003           MEMORANDUM OF UNDERSTANDING BETWEEN THE LARIMER COUNTY BOARD OF COMMISSIONERS AND THE LARIMER COUNTY FOUNDATION, INC.

 

06032008R001           RESOLUTION APPROVING AMENDMENTS TO THE ESTES VALLEY DEVELOPMENT CODE, BLOCK TEN

 

06032008R002           RESOLUTION ADOPTING THE REVISED DFIRM PANELS AND ASSOCIATED FLOOD INSURANCE STUDY DATED JUNE 17, 2008

 

06032008R003           RESOLUTION ADOPTING AMENDMENTS TO THE LARIMER COUNTY LAND USE CODE

 

06032008R004           LOT CONSOLIDATION RESOLUTION APPROVING THE CONSOLIDATION OF LOTS 109 AND 110 OF CRYSTAL LAKES SUBDIVISION 9TH FILING AND UTILITY EASEMENT VACATION

 

06032008R005           RESOLUTION ADOPTING AMENDMENTS TO THE LARIMER COUNTY CODE AND RURAL SITE ADDRESSING AND ROAD NAMING RESOLUTION

 

06032008R006           FINDINGS AND RESOLUTION APPROVING THE AMENDED PLAT OF TRACT 1 IN GALLEGOS EXEMPTION AND CAMPANA LOT SIZE APPEAL

 

06032008R007           FINDINGS AND RESOLUTION APPROVING AN AMENDED PLAT OF LOT 30A OF THE AMENDED PLAT OF LOT 24 AND 30, VACATION OF UTILITY EASEMENT AND RIGHT-OF-WAY IN THE KISTLER SUBDIVISION

 

06032008R008           RESOLUTION ORDERING AN PUBLIC HEARING TO CONSIDER PETITIONS FOR A PUBLIC IMPROVEMENT DISTRICT FOR TERRY COVE

 

06032008R009           RESOLUTION ORDERING A PUBLIC HEARING TO CONSIDER PETITION FOR A PUBLIC IMPROVEMENT DISTRICT FOR COTTONWOOD SHORES

 

06032008R010           RESOLUTION ORDERING A PUBLIC HEARING TO CONSIDER PETITION FOR A PUBLIC IMPROVEMENT DISTRICT FOR RAINBOW LAKES

 

MISCELLANEOUS: Assurances and Certifications for FTA 5311 Transit Funds; Edward Byrne Memorial Competitive Grant Program: National Initiatives FY2008 Grant Response

 

LIQUOR LICENSES:  The following licenses were approved and issued:  Fort Collins Convention and Visitors Bureau – Special Event, 6% - Fort Collins; Horsetooth Sertoma, Inc. – Special Event, 6% - Fort Collins

 

Motion carried 3-0.

 

 

5.  FORMATION OF THE LARIMER COUNTY 501(c)(3) PUBLIC CHARITY:  Ms. Snell requested approval from the Board of County Commissioners to form the Larimer County Foundation, a 501 (c)(3) Public Charity.  Discussion ensued between the Board, Ms. Snell, Ms. Friedman, Ms. Riley, and Ms. Block in regards to the Foundation, its purpose and usage.  The Foundation would allow the means to award donations to County programs.  Departments and divisions will benefit from additional funding sources; and residents of Larimer County will benefit from funded services. 

 

M O T I O N

Commissioner Eubanks moved that the Board of County Commissioners approve the formation of the Larimer County 501(c)(3) Public Charity.

Motion carried 3-0.

 

6. LIMITED TERM EMPLOYEE REGARDING LEAVE WITHOUT PAY:  Mr. Buffington and Ms. Smith requested approval to waive the requirement of exhausting all accrued leave prior to going on Leave Without Pay (LWOP) for Vic Wilcox, a limited-term employee.  Concern regarding fairness to other temporary employees was addressed; however, there are very few temporary employees working for Larimer County who work eight months out of the year as Mr. Wilcox does, so it was believed that this would not be a issue.  Wynette Reed, Human Resources Director, was consulted and saw no problem with approving this.  Commissioner Gibson suggested the possibility of a policy change and Mr. Lancaster confirmed that the County is currently addressing the issue.

 

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners approve waiving the requirement of exhausting all accrued leave prior to going on LWOP for Vic Wilcox.

Motion carried 3-0.

 

6.  COUNTY WORKSESSIONMr. Lancaster stated that the League of Women Voters in Estes Park has requested a time to meet with the Board of County Commissioners to discuss recycling in Estes Park.  He suggested that this meeting be held after the Thursday, June 5, 2008, Marketing District Hearing meeting in Estes Park.  The Board agreed with this suggestion.


7.  CONTINUATION OF APPROPRIATION OF CARRYOVER FUNDS FROM 2007:  Major Nelson presented a prioritized list of items for which the Sheriff’s Department wishes to use their carryover funds from 2007.  Major Nelson explained the need for and reasoning behind requesting these items.  Because the Sheriff’s Department has had permission to use their carryover funds consistently in the past, they assumed that this was the case for this year as well.  Commissioners Eubanks and Chair Gibson communicated that they do not understand the budgeting process within the Sheriff’s department and wondered why it is handled differently from other department’s budgets.  Because of this lack of understanding and clarity, they were not inclined to approve the use of these funds. Commissioner Rennels explained that the Sheriff’s department had always before used carryover funds so it was understandable they would assume the availability of these funds.  She would like to see approval of items already contracted for but agreed that the budget process must undergo a change moving forward.  The request was denied but no motion was necessary.

 

8. DISTRICT ATTORNEY’S REQUEST FOR STAFFING REQUIRED FOR TWO NEW LARIMER COUNTY JUDGESMr. Abrahamson and Ms. Coxen revisited the issue of funding staffing required for two new Larimer County Judges.  They provided suggestions and recommendations for using carryover funds from 2007, and requested approval for use of these funds for various expenses.  The initial staffing request was for 11.5 FTE.  They stated that they could “do the job” with 9 FTE, but were in need of 11.5.  Bob Keister explained that moneys had been set aside in the General Fund in anticipation of growth due to the additional Judges coming on board. Mr. Abrahamson confirmed that this is the absolute minimum number of new FTE’s they can operate with.  Mr. Darling confirmed the necessity of these positions after researching other similar districts.  Mr. Paratore explained the associated costs for facilities renovation to accommodate the new FTE’s.  He stated it would cost $1.3 million and the money would come from the sales tax fund.  After further discussion, Commissioners were in agreement to approve the 9 additional FTE’s for the District Attorney’s office. 

 

M O T I O N

Commissioner Eubanks moved that the Board of County Commissioners approve costs not to exceed $350,000 plus 9 FTE to staff the two new Criminal Courts in Larimer County, and costs not to exceed $1.3 million for facilities changes for the addition of the 9 new FTE at the Larimer County Justice Center.

Motion carried 3-0.

 

9.  INTERSECTION OF COUNTY ROAD 30 AND 9:  Mr. Peterson, Mr. McDaniel, Ms. Wilkinson and Mr. Temple described the intersection of County Road 30 and County Road 9, located in northeast Loveland adjacent to the Loveland Airport.  Currently the intersection is controlled by stop signs for the County Road 9 legs of the intersection and County Road 30 is not controlled.    They have been working cooperatively with the City of Loveland (who has been in contact with the Airport) to identify a solution for the operational and safety issues at the intersection.  They presented several options for intersection improvement, the preferred option being to construct a modern roundabout as control at this intersection.

MO T I O N

Commissioner Rennels moved that the Board of County Commissioners move forward with a roundabout as the intersection improvement, using the Engineering Department’s normal public involvement process as opposed to pursuing a more involved process.

Motion carried 3-0.

 

10.   ADDIONAL FUNDING REQUEST FOR 201 LAPORTE JUSTICE CENTER RENOVATION FOR COURTS:  Mr. Paratore presented the need for additional funding for the Justice Center renovation.  The $2.5 million request approved in February, 2008, was based on very rough estimates of scope and cost from initial conceptual design discussions with the Courts.  There have since been significant scope and cost changes including the need for 3 additional courtrooms, mechanical system improvements to support the new courtrooms, and the increasing cost of construction material.  In the future, the County needs to modify its entire process for developing project scope and budget for facility construction and capital projects. Mr. Paratore confirmed that project budgets will not be set until clients have clearly articulated design requirements and the County has completed construction estimates.  Commissioner Gibson expressed his disapproval with the request for additional funds, as he the costs should have been identified up front.  Mr. Paratore firmly agreed with Commissioner Gibson’s opinion that more time must be spent on upfront planning and estimates and assured the Board that he would be taking a different approach for projects in the future.

M O T I O N

Commissioner Eubanks moved that the Board of County Commissioners approve additional $1,000,000 for the 201 LaPorte Justice Center Renovation Courts project, to be funded from the Courthouse Sales Tax Reserve.

Motion carried 3-0.

 

10.   UPDATE ON MIDDLE BALD MOUNTAIN NATIONAL ENVIRONMENTAL POLICY ACT PROCESS:  Mr. Paratore, Ms. Hodges and Mr. Vickerman gave an update on the process.  The Forest Service would like to identify the alternatives for Middle Bald and regroup and decide the next steps.  The Forest Service met with the contractor who is doing the environmental analysis.  The contractor is going to provide a deliverable, they will look at the quality, then decide how to move forward.  They are at a check-point at this time.  The information should be received with the next two weeks to one month and will be presented to the Board of County Commissioners at that time.

 

12.   COMMISSIONER ACTIVITY REPORTS:  The Commissioners will present their activity reports at the next Administrative Matters Meeting.

 

13.   LEGAL MATTERS:  Mr. Miller reported a study had been conducted with Colorado State University on the use of Mag Chloride on County Roads to help with dust and stabilization on non-paved county roads.  There has been a problem with some roadside vegetation and one citizen has reported damaged trees on his property as a result of Mag Chloride application.  The citizen has been very  cooperative and has not requested  restitution at this time.  The County has stopped using Mag Chloride in forest areas and plans to be totally clear of its use in the next few years.  Mr. Haas does not believe the County is at risk of any class action suits.

 

The meeting adjourned at 12:15 p.m.

 

THURSDAY JUNE 5, 2008

 

PUBLIC HEARING REGARDING THE

ESTES PARK LOCAL MARKETING DISTRICT,

ESTES PARK TOWN HALL

(No audio available)

 

The Board of  Larimer County Commissioners met at 3:00 p.m. with the Town Board of
Estes Park.  Commissioner Gibson presided.  Commissioners Eubanks and Rennels were present.  Also present were:  Frank Lancaster, Larimer County Manager; Bill Pinkham, Mayor, Estes Park; Eric Blackhurst, John Ericson, Dorla Eisenlauer, Jerry Miller, and Richard Homeier, Ester Park Town Board; Jacque Halburnt, Jackie Williamson, and Lowell Richardson, Administration Department; Greg White, Town Attorney’s Office; Tom Pickering, Director of the Convention and Visitors Bureau; Gael Cookman and Cindy Clay, Deputy Clerks, Larimer County.

Ms. Williamson began by stating that petitions for the Estes Park Local Marketing District were received on May 21, 2008, and certified May 29, 2008.  153 property owners signed the petition representing accessed property values of $45,506,790.  The entire community’s  property values total $84,217,350.  Mr. White explained the process of establishing a Local Marketing District.  The Larimer County Board of County Commissioners and the Estes Park Town Board must first determine that the petitions meet statute.  Once the petitions have been accepted, the Boards may proceed.  Two public hearings must be held, then a decision made by each body.  Two ballot question items must be presented to registered electors residing within the district boundaries in the November election, and financing must be approved.  The two Boards must contract to form the Marketing District, must agree on terms and conditions, and must form an Intergovernmental Agreement (IGA). 

The current tax rates in Estes Park are 2.9% State, and 4.0% City.  The Local Marketing District (LMD) would allow for an additional 2% lodging tax paid through nightly rentals.  It is estimated that this lodging tax would generate approximately $1,000,000 in the first year.  Tax would be collected by the Department of Revenue and sent directly to the LMD.

Mr. Pickering stated the LMD would provide dedicated funds for promoting marketing and tourism in Estes Park.  It would eliminate the problems created by in-town/out-of-town issues and would put the Marketing decision in the hands of a Community/Business Board.  The LMD would provide a more balanced approach to funding the infrastructure and marketing.  Board of Directors would be elected or appointed by the Board of Commissioners and the Estes Park Town Board with input from and representation by the Estes Area Lodging Association and the Chamber of Commerce.   The new Board would be seated by late 2008.  The anticipated $1,000,000 would replace the current town contribution to marketing and advertising of  $800,000. 

Commissioner Gibson opened the meeting to public comment.

David Hobeker, owner of an Inn in Estes Park, raised questions regarding the inclusion of the tax exempt YMCA District and the annual LMD’s plan.  The LMD would include the YMCA District and would have an annual plan approval open to public hearing.  The Convention and Visitors’ Bureau would be taken over by the LMD.

Jim Tawny, owner of the Ponderosa Lodge and several condos in the area, expressed concerns that the LMD would fail unless the district shows that 100% of the revenue is used for advertising and marketing.

Warren Clinton, business owner,  agreed with Mr. Tawny and expressed concern about the increasing costs generated to consumers.  He also believes the LMD can only be successful if the revenue is used for what it is designed for.

Robin Eldridge, RV park owner, feels it is a positive step and would like to see a diagram of the District and a clear explanation of the LMD.  Mayor Pinkham  stated this would be provided and would find a way to raise awareness of the LMD. 

Dave Ranglose, business owner, discussed the proposed LMD.

Chair Gibson opened discussion by the Board of Commissioners and the Town Board.  Commissioner Eubanks asked about feedback and Mayor Pinkham stated that the majority of feedback has been supportive. Mr. Homeier confirmed this.  Attorney White stated that statutes would be specific as to how the money would be spent.    Ms. Eisenlauer urges the public to participate  in the appointment of Board positions. 

The next meeting will be held on June 26, 2008, at 7:00 p.m.

 

M O T I O N

Trustee Miller moved that the Town Board of Estes Park approve the certification of the petitions received for the formation of the Local Marketing District for Estes Park.  Trustee Blackhurst seconded the motion.

Motion carried 6-0.

 

 

M O T I O N

Commissioner Eubanks moved that the Board of County Commissioners and the Town Board of Estes Park approve the certification of the petitions received for the formation of the Local Marketing District for Estes Park.

Motion carried 3-0.

 

The meeting adjourned at 4:35 p.m.

 

 

 

 

 

____________________________________

                                                                                                GLENN GIBSON, CHAIR

                                                                                    BOARD OF COMMISSIONERS

 

SCOTT DOYLE

CLERK AND RECORDER

 

 

ATTEST:

 

______________________________

Cynthia A. Clay, Deputy Clerk