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> Meetings & Minutes > Commissioners' Minutes > BCC Minutes for 07/21/08  

MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

 

 

Monday, July 21, 2008

 

land use hearing

(#237)

 

 

The Board of County Commissioners met at 3:00 p.m. with Matt Lafferty, Principal Planner.  Chair Gibson presided, and Commissioners Eubanks and Rennels were present. Also present were: Michael Whitley and Sean Wheeler, Planning Department; Doug Ryan, Environmental Health Department; Traci Downs and Matt Johnson, Engineering Department;  Bill Ressue, Assistant County Attorney.  Gael Cookman, Tamara Slusher and Melissa Lohry, 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.

 

 

1.   Supplemental public hearing for the warberg farm cd irrigation requirements, tabled from june 23, 2008:

 

M O T I O N

 

Commissioner Rennels moved that that the Board of County Commissioners table the Supplemental Public Hearing for the Warberg Farm CD Irrigation Requirements, until August 11, 2008, at 3:00 p.m.

 

Motion carried 3-0.

 

 

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:

 

2.   Broadview subdivision Lots 2 and 3 amended plat: This is a request to adjust the internal lot line between two lots of record, with no additional building sites being proposed, for the purpose of constructing a barn.  The applicant wants to build a barn on the vacant lot, which the Estes Valley Development Code prohibits (no accessory structures without a principal structure). Therefore, the applicant wants to move the lot line so the area where the barn will be built is part of the same lot as the house. Both lots would be conforming as to lot size, and an access easement provided to the underdeveloped lot.

Staff recommends approval of the proposed Amended Plat of Lots 2 and 3 of the Amended Plat of the Amended Plat of Lot 3, Broadview Subdivision and a portion of the East ½ of the West ½ of the southwest ¼ of Section 35 Township 5 North, Range 73 West, subject to the following conditions recommended by the Planning Commission:

 

  1. Pursuant to C.R.S.30-28-110, sub-section 4(a), “no plat for subdivided land shall be approved by the Board of County Commissioners unless at the time of the approval of platting the subdivider provides the certification of the county treasurer’s office that all ad valorem taxes applicable to such subdivided land, for years prior to that year in which approval is granted, have been paid.”
  2. This is a request to adjust the internal lot line between two lots of record.
  3. This proposal complies with applicable sections of the Estes Valley Development Code, specifically those set forth in Section 3.9 “Subdivisions” and Section 10.3 “Review Procedures.”
  4. This request has been submitted to all applicable reviewing agency staff for consideration and comment.  No significant issues or concerns were expressed by reviewing staff relative to code compliance or the provision of public services.
  5. Within sixty (60) days of the Board’s approval of the amended plat, the developer shall submit the final plat for recording.  If the amended plat is not submitted for recording within this sixty-day time period, the approval shall automatically lapse and be null and void.

 

The Planning Commission voted unanimously to recommend approval of the proposed Amended Plat of Lots 2 and 3 of the Amended Plat of the Amended Plat of Lot 3, Broadview Subdivision and a portion of the East ½ of the West ½ of the southwest ¼ of Section 35 Township 5 North, Range 73 West conditional to compliance with the memo from Greg White to Dave Shirk dated May 23, 2008.

 

3.   Rocky Point condominium supplemental map:  This is a request to finalize a condominium map. Staff approved the Rocky Point Development Plan (DP 03-05) in June 2003, and revised in November 2004.  Approval provided for four units; three have been finalized.  This map will allow for the sale of the final unit (state law prohibits the approval and recordation of individual condominium units prior to installation of drywall; therefore, condominium maps are submitted in phases).

 

Staff recommends approval of the requested Rocky Point Supplemental Condominium Map #3, subject to the following conditions:

 

  1. Compliance with the approved Preliminary Condominium Map.
  2. All requirements of the approved development plan shall be fulfilled prior to recordation of the map.  The applicant should review these requirements to ensure no delay in plat recordation.
  3. All landscaping requirements shall be installed prior to recordation of the map.

 

4.  Rowe exemption, file #08-S2805: This is a request to create an exemption Plat for the purpose of creating two buildable lots and an unbuildable outlot. The purpose of this Minor Land Division is to create 2 buildable lots and 1 outlot from the 30.83 acres land described in the deed recorded at Reception No. 2001024457 in the Clerk and Recorders office of Larimer County.

In 2007, the Rowe’s submitted information for a legal lot determination.  Staff determined that the subject property is currently a single legal lot.  The Rowe’s subsequently appealed (file #07-G0147) this determination to the Commissioners and that request was denied.  However, as part of that appeal and denial, the Commissioners passed a resolution “that the applicants be granted an exemption from Section 5.1 (Subdivision Regulations) for the purpose of subdividing the property described on Exhibit “A” into 2 buildable lots and one non-buildable outlot” with the condition that the applicant submit the application for review and approval.   This application was submitted to fulfill that condition and for the review of the exemption application.

Review of the proposal has not raised any significant issues.  Conditions of approval are included in the recommendation to address any outstanding issues.  The Development Services Team finds that approval of this Exemption Plat is consistent with the prior resolution of the Commissioners.

The Development Services Team recommends approval of the Rowe Exemption, file #08-S2805, subject to the following condition(s) and authorization for the Chair to sign the plat when the conditions are met and the plat is presented for signature:

 

1.   All conditions of approval shall be met and the Final Plat recorded by January 21, 2009, or this approval shall be null and void.

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

3.   Prior to the recordation of the Final Plat the applicant shall make the technical corrections required by Dale Greer, Land Surveyor of the Larimer County Engineering Department.

4.   Prior to the recordation of the Final Plat the applicant shall revise the plat to include the approximate limits of the 100 year floodplain labeled as “area subject to floodplain regulations” and designate the Outlot as “non-buildable.”

5.   Prior to the recordation of the Final Plat the applicant shall provide documentation from the State of Colorado, Division of Water Resources that indicates that an exempt well permit will be issued for Lot 1 for residential use. 

6.   All habitable structures will require an engineered foundation system. Such engineered foundation system designs shall be based upon a site specific soils investigation. 

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.

 

M O T I O N

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

Motion carried 3-0.

 

5.   Deep water metropolitan district 1 & 2, File #06-G0108 Tabled from April 21, 2008:   The applicant, Richard Seaworth, informed the Board of County Commissioners that he is still in negotiations with the town of Wellington and would like to again table this item until December 15, 2008, at 3:00 p.m. 

 

M O T I O N

 

Commissioner Rennels moved that the Board of County Commissioners table the Deep Water Metropolitan District 1 & 2, File #06-G0108, until December 15, 2008 at 3:00 p.m.  

 

Motion carried 3-0.

 

6.   Obermeyer Hydro facility special exception, file #06-Z1589 tabled from june 23, 2008: This is a request for an amendment to the Obermeyer Hydro, Inc. Special Exception to expand the employee base of the use from 10 to 160 and to expand the office, research and development, and manufacturing building foot print from 15,850 square feet to 75, 750 square feet.

 

The Development Services Team recommends that the Board of County Commissioners adopt the following conditions and Exhibit A as part of the approval for the Obermeyer Hydro, Inc. Amended Special Exception, File # 06-Z1589:

 

1.         Activities which may be conducted within the various facilities approved by this Amended Special Exception for the property located at 303 West County Road 74 (Property) are limited to engineering, research and development, design, securing of patents for newly developed technologies, prototype production or construction, assembly, light manufacturing, processing, material handling, packaging, and related storage and testing activities for the following and similar categories of technological products, subject to all applicable Federal, State and County ordinances and regulations, and the terms and conditions of this Amended Special Exception (the “Operations”):

 

(a)  Water Resources:  Examples include (i) pneumatically-operated water control structures; (ii) remote sensing, irrigation sprinkler technology; (iii) aquifer and geotechnical products; (iv) electro/mechanical control devices; and (v) hydropower equipment.

 

(b)  Advanced Composite Materials:  Examples include (i) high performance composite structures and connections; (ii) autoclave services for curing of composite materials, including contract services for others; and (iii) design and fabrication of aerodynamic loading test equipment.

           

(c)  Radio Frequency Products:  Examples include (i) large scale phased array antennas; (ii) detection and defense systems; and (iii) remote sensing systems for ground water and soil moisture measurement.

 

(d)  Agricultural Equipment and Technology:  Examples include (i) advanced center-pivot sprinkler systems; (ii) agricultural robotic equipment; and (iii) solar powered irrigation control gates.

 

(e)  Multi-axis Waterjet/Machining/Cutting Centers:   Examples include (i) precision machining of tooling and components for the other categories of products; and (ii) contract services for others.

 

(f)  Large Scale Elastomeric Structures:  Examples include (i)  water control structures; (ii)  flotation devices; (iii) inflatable seals; and (iv) air actuated lifting clamps, such as may be used for wind turbine blades.

 

Activities which may occur outside of buildings on the Property are limited to outdoor storage of no more than 1 acre, material handling, shipping/receiving activities and outdoor testing activities associated with the Operations.  Currently outdoor testing activities include testing of air bladders, radio frequency products and irrigation systems, all of which are conducted entirely within the Property boundary under controlled circumstances utilizing all safety precautions.  A detailed description of these testing activities is attached as Exhibit A.  Current testing activities do not create, and future testing activities associated with the Operations shall not create, substantially adverse lighting, noise, pollution or safety impacts on neighboring properties.

 

2.         All Operations, with the exception of outdoor testing procedures, shall be contained within a 15-acre building envelope at the north end of the Property.

 

3.         The combined square footage of the footprints of all buildings associated with the Operations shall not exceed 75,750 square feet.

 

4.         Per Section 6.0 (Site Plan Review) of the Larimer County Land Use Code, a Site Plan Review application pertaining to the expanded facilities and impacts that exceed the previously approval, of the Board of Adjustment in 1994, by the County shall be submitted by November 1, 2008 for review and approval in accordance with Section 6.0 upon demonstration of compliance with all applicable requirements of the following review criteria:

 

Section 8.1.1 Sewage Disposal Service Standards

Section 8.1.2 Domestic Water level Service Standards 

Section 8.1.3 Drainage Level of Service Standards

Section 8.1.4 Fire Protection and Emergency Medical Level of Service Standards

Section 8.1.5 Road Capacity Standards

Section 8.5 Landscaping Standards

Section 8.6 Off-road Parking Standards

Section 8.8 Irrigation Facilities

Section 8.10 Air Quality Standards

Section 8.11 Water Quality Management standards

Section 8.15 Site Lighting

Section 8.16 Fences

 

5.         Upon approval of the foregoing Site Plan Review, required by Condition 4 above, the owner shall obtain building permits and inspection for the following existing building improvements made on the Property:

 

The existing 3,000 square feet of refrigeration buildings

The existing enclosure of the autoclaving machine

The existing 900 sq. ft. maintenance building

 

6.         Outdoor storage for the use shall be limited to one acre, subject to the applicable requirements for screening in Section 8.5 of the Larimer County Land Use Code.  The screening of outdoor storage shall be reviewed and approved as part of a Site Plan Review application.

 

7.         By September 1, 2008, the owner shall obtain a commercial well permit from the State of Colorado Division of Water Resources or obtain water service from the Northern Colorado Water Association.

 

8.         If a well water system will be used as the domestic water source, the owner shall have the plans and specifications for the water system approved by the Colorado Department of Health and Environment as a public non-community water supply by November 1, 2008, and shall complete any required improvements within six (6) months after such approval is issued. The applicant shall provide copies of the approval once acquired.

 

9.         Normal hours for the use shall occur between the hours of 6:00 a.m. and 10:00 p.m. Monday through Saturday.  The number of full-time employees on the property during normal hours of operation, for any given day of operation, shall not exceed 160, and, in addition, the number of part-time employees, interns and volunteers on the property during normal hours of operation shall not exceed 20.  At all other times, the number of employees on the property shall not exceed 40.  The outdoor operation of heavy equipment and outdoor shipping and receiving activities shall be limited to the normal hours of operation and must be in compliance with applicable requirements of Larimer County Ordinance No. 97-03 regarding noise levels in unincorporated Larimer County.

 

 

10.       Per Section 6.0 (Site Plan Review) of the Larimer County Land Use Code, for each phase of development of the Property a Site Plan Review application pertaining to the new facilities approved by this Amended Special Exception and not included in the site plan application required by condition 4 shall be submitted for review and approval in accordance with Section 6.0 upon demonstration of compliance with all applicable requirements of the following review criteria for that phase:

 

Section 8.1.1 Sewage Disposal Service Standards

Section 8.1.2 Domestic Water level Service Standards 

Section 8.1.3 Drainage Level of Service Standards

Section 8.1.4 Fire Protection and Emergency Medical Level of Service Standards

Section 8.1.5 Road Capacity Standards

Section 8.5 Landscaping Standards

Section 8.6 Off-road Parking Standards

Section 8.8 Irrigation Facilities

Section 8.10 Air Quality Standards

Section 8.11 Water Quality Management standards

Section 8.15 Site Lighting

Section 8.16 Fences

 

11.       In order to mitigate potential impacts of this Amended Special Exception upon neighboring properties and to maintain the existing rural appearance and character, all of the Property located outside of the 15-acre building envelope shall be subject to the following restrictions so long as this Amended Special Exception remains in effect:

 

(a)  With the exception of testing procedures, none of the Operations approved by this Amended Special Exception shall be allowed.

 

(b)  Uses shall be limited to those O-Open zone uses as permitted by the Larimer County Land Use Code.

 

12.       While in effect, this Amended Special Exception, including all of its terms and conditions, shall run with the Property and the benefits and burdens thereof shall apply to and bind the owner of the Property and its successors and assigns.

 

After presenting the above information, Mr. Lafferty pointed out how far the applicant and staff had come in reaching agreement on all 12 conditions provided above with the exception of condition 9, pertaining to the number of employees allowed on the property and the definition of “normal hours of operation,” as described above.

 

In response to the provisions set forth by Mr. Lafferty in condition 9, above, Ms. Lucia Liley, Attorney representing the applicant, voiced some concerns about the number of employees allowed on the property during normal hours of operation, stating that Mr. Obermeyer would like to include the addition of 20 “others” consisting of part-time employees, interns, and volunteers, as Mr. Obermeyer welcomes the opportunity to employ college students and allow them to conduct research at the site.

 

The Ms. Liley also voiced concerns about the definition of “normal business hours” stating that they would be unable to conduct business according to the hours proposed by staff and requested the hours be extended until 10:00 p.m. The applicant also requested that the condition not provide recognition of nationally recognized holidays because, like many small businesses in the area, Obermeyer Hydro Inc. conducts business with overseas companies that do not recognize United States national holidays.

 

With consideration of these two matters under condition 9, the applicant proposed the language be changed to read: “Normal hours for the use shall occur between the hours of 6:00 a.m. and 10:00 p.m. Monday through Saturday.  The number of full-time employees on the property during normal hours of operation, for any given day of operation, shall not exceed 160, and, in addition, the number of part-time employees, interns and volunteers on the property during normal hours of operation shall not exceed 20.  At all other times, the number of employees on the property shall not exceed 40.  The outdoor operation of heavy equipment and outdoor shipping and receiving activities shall be limited to the normal hours of operation and must be in compliance with applicable requirements of Larimer County Ordinance No. 97-03 regarding noise levels in unincorporated Larimer County.”

 

Chair Gibson opened the hearing to public comment and two individuals from the community voiced their concerns. Ms. Sue Foster explained that while she has no dispute with Obermeyer Hydro Inc. directly, she is concerned with the possibility of this facility creating a slippery-slope effect, with the end result being the complete decimation of agriculture in this presently rural portion of the county. Ms. Foster also asked that close monitoring of the facility occur to ensure Mr. Obermeyer adheres to the conditions set forth during this hearing. Mr. Roger Morgan also addressed the Board with similar distress regarding the possible urbanization of agricultural lands. Mr. Morgan called attention to the need for the establishment of a system of checks and balances, for the approval of facilities such as Obermeyer Hydro Inc., to ensure the needs and desires of the individuals in the immediate area are addressed. Mr. Morgan’s greatest concern with this facility is that county officials may be overruling the desires of local residents and the decisions of the Planning Commission.

 

Chair Gibson opened the hearing to questions and comments from the Commissioners during which time both Commissioners Eubanks and Rennels addressed the concerns voiced during public comment. The Commissioners assured Ms. Foster that while they have given approval to Obermeyer Hydro Inc., this was a special exception and would not become the norm for that area. Commissioner Eubanks, with support from the entire Board, also voiced agreement with Mr. Morgan regarding the need to acknowledge and account for the wishes of the local population when permitting the transformation of agricultural lands, stating that support for the Obermeyer Hydro Inc. project does not  dismiss the need for rural settings and lifestyles within the county.

 

M O T I O N

Commissioner Eubanks moved that the Board of County Commissioners approve the conditions recommended by staff with the amended condition number 9, which is now reflected in the conditions outlined above.

Motion carried 3-0.

 

The hearing recessed at 4:00 p.m. 

 

LAND USE HEARING

(#237 & 238)

 

The Board of County Commissioners reconvened at 6:30 p.m. with Matt Lafferty, Principal Planner.  Chair Gibson presided, and Commissioners Eubanks and Rennels were present. Also present were:  Martina Wilkinson and Christy Coleman, Engineering Department; Bill Ressue, Assistant County Attorney; and Gael Cookman and Melissa Lohry, Deputy Clerks.

 

1.   Waste-not-recycling show cause hearing, file #02-BOA0343 Tabled from may 19, 2008:  This is a staff initiated request to determine if the Special Exemption approval for Waste-Not-Recycling is null and void or if the approval can be extended with specific conditions. In 2003, the Board of Adjustment approved the Waste-Not-Recycling Special Exception, which allowed the use of an existing building and property as a recycling facility.  This approval included conditions that the property owner would need to meet within one year or the approval would be null and void.  One such condition required the submittal and approval of a Site Plan Review application.  The applicant did submit the application, but has not received approval because of issues stemming from traffic improvements to Highway 34.  Now, 5 years have past and these issues remain unresolved and the business continues to operate without the required approvals.  Therefore, the Development Services Team has requested a hearing to determine if an extension to the past approval can be made, with conditions, or if the approval should be revoked for lack of compliance with the original approval.

 

On May 19, 2008, the Development Services Team presented to the County Commissioners a Show Cause request regarding the Special Exception approval for the Waste-Not-Recycling facility.  At the May 19, 2008 hearing the applicants’ representative indicated that the applicant was out of country and thus would like the hearing postponed until the applicant was back, and at a time when the neighbors in the area could attend and offer comment.  The Commissioners agreed that the applicant could have another meeting to discuss the matter further, but proceeded to approve an extension to the Waste-Not-Recycling Special Exception subject to the following:

 

1.   By August 1, 2008, Waste-Not-Recycling will provide to CDOT construction documents that meet CDOT’s requirements listed in the attached October 23, 2007 letter from Gloria Hice-Idler for highway improvements.  Also by this date, Waste-Not-Recycling will provide to the Larimer County Planning Department all items required to be submitted for the Site Plan Review application (03-SP0105).

2.   By September 1, 2008, Waste-Not Recycling will obtain an access permit from CDOT for this project.

3.   By October 1, 2008, Waste-Not Recycling will commence construction of the highway improvements and any other improvements required by the County approved Site Plan.

4.   By October 15, 2008, Waste-Not Recycling will complete all construction of the highway improvements and any other improvements required by the County approved Site Plan.

 

Since the May hearing the applicant has not presented any alternatives or solutions to the issues at hand, therefore, the Development Services Team maintains that the extension granted and the time frame established should be adhered to.

 

The Development Services Team recommends that the County Commissioners uphold the May 19, 2008, approval for an extension to the Waste-Not-Recycling Special Exception subject to the time frame of said approval.

 

Ms. Coleman and Ms. Wilkinson advised the Board of County Commissioners that in accordance with the Commissioners’ ruling in 2003, a traffic study has been conducted. The study revealed a deficiency in a total of 8 turn lanes on Highway 34, in the vicinity of Waste-Not-Recycling’s facility. These turn lanes are utilized by Waste-Not-Recycling's drivers resulting in a safety hazard to all other vehicles traversing the Highway. According to the Waste-Not-Recycling Special Exception, Waste-Not-Recycling is liable for the charge incurred in resolving these hazards.

 

In an attempt to minimize the cost of improvements, Ms. Wilkinson and staff proposed numerous construction models and alternate haul routes, ultimately determining the best solution would be to lengthen the deceleration lane at the intersection of Highway 34 and Poplar Street, to allow for right turns onto Poplar Street, and lengthen the acceleration lane at the intersection of Highway 34 and Poplar Street, to allow for left turns onto Highway 34.  Ms Wilkinson stated that due to the Colorado Department of Transportation’s Highway 34 overlay project, taking place at this time, costs to the applicant could be significantly reduced if the lengthening of said lanes were to coincide with this overlay procedure.

 

Ms. Wilkinson also called attention to an alternate haul route, including the utilization of streets through the town of Johnstown to an intersection with a traffic light, previously submitted by the applicant, and informed the Board that the route had been reviewed by staff and follow up questions had been submitted to the applicant. As of today, staff has not received any information from the applicant in response to the follow up questions.  With all processes being at a standstill, staff feels that the time frame provided and approved by the Board of County Commissioners at the May 19, 2008 meeting is the most reasonable way to proceed in resolving the traffic safety problems.

 

Ms. Kaylee Comer, daughter of Anita Comer, owner an operator of Waste-Not-Recycling, presented the Board of County Commissioners with a presentation containing pictures of companies in the immediate vicinity of Waste-Not-Recycling, which utilize Highway 34 through the same intersection. Companies such as Yellow Freight System, Inc., and Gerrard Inc., have larger, heavier trucks and equipment than Waste-Not-Recycling and they utilize the same acceleration and deceleration lanes as Waste Not-Recycling’s drivers.

 

Ms. Anita Comer, owner and operator of Waste-Not-Recycling then addressed the Board and stated that through the research she and her associates have conducted, she has determined that the cost of resolving the safety issues would total $100,000, a price she, as a small business owner, is unable to pay.   Ms. Comer also called attention to the tax subsidies and incentives various other counties and states offer for the services her company provides. These subsidies and incentives, or their equivalent, are not currently provided by Larimer County. 

 

Chair Gibson then opened the hearing to public comment and many of Waste-Not-Recycling’s employees and customers spoke on behalf of the services Waste Not-Recycling provides to its employees, local companies and the community, including. Those individuals that spoke on behalf of Waste-Not-Recycling included: Amelia Caruso, Terry Hilgefort, Lisa Olitus, Susie Gordon, John Anderson and Michael Lindeman.  Also bearing witness to the integrity of Waste Not-Recycling was Mr. Dale Horn who has lived across the street from the facility for the last seventeen years and has witnessed its transformations.  Mr. Horn stated that Waste Not-Recycling’s drivers have always been quiet, courteous, and cautious, even proceeding past his house at uncommonly slow speeds so as to reduce noise and promote carefulness. Mr. Horn also stated that the increase in traffic on Highway 34 is due not only to Waste-Not-Recycling  but to the rapid increase in commercial construction in the area. Further, Mr. Horn stated that lengthening acceleration lanes may not prove to solve any problems as many of the vehicles on the roadway do not permit the merging of new traffic.

 

Chair Gibson then closed public comment.

 

Chair Gibson opened the hearing to questions and comments from the Commissioners. This process began with Ms. Gloria Hice-Idler from CDOT. Commissioner Eubanks inquired about the history of the 65 MPH speed limit on Highway 34 and why CDOT knowingly created the deficient lanes. Ms. Idler confirmed that the speed limit has always been 65 MPH and explained that at the time of Highway 34’s creation, access codes were  not in existence. Ms. Idler added that while the charge for completing these corrections would probably total $100,000 if completed at another time, however, she estimated the total charges for completion at this time (due to the current overlay project) would be approximately $35,000. Lastly, Ms. Idler was questioned about probability of Hazard Eliminating Funds (HEF’s) being available for this project. Ms. Idler replied that the county could apply for the funds but it is unlikely that they would be granted for this project due to the low incidence of wrecks and/or fatalities.

 

Commissioner Rennels, having previously obtained the amount of Ms. Comer’s property taxes for the last few years, suggested that the Board of County Commissioners explore the possibility of the Board granting Ms. Comer an exemption from property taxes, allowing Ms. Comer to then apply said amount towards the lengthening of the acceleration and deceleration lanes.

 

Commissioner Eubanks and Chair Gibson both stated they would be open to a discussion pertaining to a tax exemption. However, Commissioner Eubanks expressed deep concern in requiring Ms. Comer and Waste-Not-Recycling to burden the charges of fixing a problem which was knowingly and deliberately created by CDOT.  Chair Gibson also echoed this concern with the explaining that this safety hazard would exist even if Waste-Not-Recycling was not in its current location.

 

Having reached an impasse in conversation and needing more information before proceeding, Commissioner Rennels requested that the item be tabled to allow for further discussion and research.  Chair Gibson asked staff to investigate alternate haul routes, cost and extension with CDOT on the overlay project, as well as the possibility of a tax incentive. Due to the time restraints placed on this project by CDOT, the Board requested these findings be presented during the Administrative Matters meeting on July 29, 2008 at 9:30 a.m. during which time the Board would provide Ms. Comer a “strong indication” as to how they will rule on the item. Official ruling on file #02-BOA0343 would then take place during the Land Use Hearing on August 11, 2008.

 

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners table Waste-not-Recycling Show Cause Hearing, File #02-BOA0343, until August 11, 2008, at 3:00 p.m.

Motion carried 3-0.

 

The hearing ended at 8:50 p.m.

         

 

TUESDAY, July 22, 2008

 

ADMINISTRATIVE MATTERS

(#239)

 

The Board of County Commissioners met at 9:30 a.m. with Assistant County Manager Neil Gluckman. Chair Gibson presided and Commissioners Eubanks and Rennels were present. Also present were: Frank Lancaster, Deni LaRue and Donna Hart, Commissioners’ Office; George Hass, County Attorney; Melissa Lohry, and Gael Cookman, Clerk and Recorder’s Office.

 

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

 

 

2.          APPROVAL OF THE MINUTES FOR THE WEEK OF JULY 14, 2008:

 

M O T I O N

 

Commissioner Rennels moved that the Board of County Commissioners approve the minutes for the week of July 14, 2008.

 

Motion carried 3-0. 

 

3.    REVIEW OF THE SCHEDULE FOR THE WEEK OF JULY 21, 2008Ms. Hart reviewed the upcoming schedule with the Board.

 

4.    CONSENT AGENDA

 

M O T I O N

 

Commissioner Eubanks moved that the Board of County Commissioners approve the following items as presented on the Consent Agenda for July 15, 2008:

 

PETITIONS FOR ABATEMENT:  As recommended by the County Assessor, the following Petitions for Abatement are presented for approval:  Jerry King – AKA Jerry Lippson; Norman and Pamela Forristall.  The following Petitions for Abatement are presented for denial:  Hargrave Enterprises, LLC (2006/2007); Shaffer and Wallis, Inc.

 

07222008A001           AMENDMENT TO LEASE AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS, AND ANTONIO AND EVANGELIA KATOPODIS  

 

07222008A002           ARCHITECT SERVICES AGREEMENT BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS, AND KENNEY AND ASSOCIATES, INC, FOR 2555 MIDPOINT DRIVE

 

07222008A003           ARCHITECT SERVICES AGREEMENT BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS, AND THE ARCHITECTS’ STUDIO, INC., FOR 2573 MIDPOINT DRIVE

 

07222008R001           RESOLUTION PROVIDING FOR THE DISSOLUTION OF LARIMER COUNTY LOCAL IMPROVEMENT DISTRICT NO. 1997-2 LONGVIEW DRIVE

 

07222008R002           Resolution REGARDING EXTENSION OF APPROVAL OF HAYWAGON PD LOT 1 & PRAIRIE TRAILS PUD LOT 2, BLOCK 1 AMENDED PLAT TIME EXTENSION

 

MISCELLANEOUS: Promoting Safe and Stable Families Grant Re-Application for Fiscal Year 2009; Department of Human Services Payments for May 2008.

 

LIQUOR LICENSES:           The following licenses were approved and issued:  Fort Fun – Tavern – Fort Collins; Sol’s Long Branch Saloon – Tavern – LaPorte; CSU Concessions & Stadium – 3.2% - Fort Collins; Rams’ Horn & Colorado State University – Hotel & Restaurant – Fort Collins; Bohemian Cottage Restaurant – Hotel & Restaurant - Loveland.

 

Motion carried 3-0. 

 

5.  WORKSESSION:  Mr. Gluckman noted that Colorado Counties Inc. (CCI) has requested representation for the CCI Legislative Committee meeting on October 5, 2008, to prioritize the legislative items for the 2009 session.  Commissioner Rennels volunteered to represent Larimer County at this meeting.

 

M O T I O N

 

Commissioner Eubanks moved that the Board of County Commissioners appoint Commissioner Rennels to represent Larimer County at the CCI Legislative Committee meeting on October 5, 2008.

 

Motion carried 3-0.

 

6.   COMMISSIONER ACTIVITY REPORTS:  The Board noted their attendance at events during the past week.

 

7.  LEGAL MATTERS:  Mr. Hass explained that in June, a Denver District Court judge ruled that a 2007 law, which amended the School Finance Act by freezing the mill levies imposed by some school districts, was unconstitutional. The court found the law violates a provision of the Taxpayer Bill of Rights, (TABOR), amendment that requires voter approval of tax increases.  Mr. Hass stated that the decision is being appealed by other counties, as it could affect future matters related to TABOR, and he asked if the Board wished to take part of the lawsuit. 

 

 

M O T I O N

 

Commissioner Rennels moved that the Board of County Commissioners direct legal staff to file a brief with the court and participate in the appeal in hopes that the decision is overturned.

 

Motion carried 3-0.

 

                                                           

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

 

 

 

 

 

________________________________

                        GLENN W. GIBSON, CHAIR

BOARD OF COMMISSIONERS

SCOTT DOYLE

CLERK AND RECORDER

 

ATTEST:

 

 

­­­______________________________________

Melissa E. Lohry, Deputy Clerk

 

 

______________________________________

Gael M. Cookman, Deputy Clerk

 

 

 

 

 

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