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MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

 

Monday, JANUARY 14, 2008

 

LAND USE HEARING

(#158)

 

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:† Tom Garton, Building Department; Chad Behr, Planning Department; Christy Coleman, Engineering Department; Doug Ryan, Environmental Health Department; Bill Ressue, Assistant County Attorney; and Gael Cookman, 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.† No one from the audience addressed the Board regarding these topics.†

 

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

 

1. †SWANSON MINOR LAND DIVISION, FILE #07-S2760:† This is a request for a Minor Land Division to create two (2) lots being of 10.0 acres and 19.72 acres, for a single-family residence on the 10-acre lot and a plat restriction prohibiting any development/use on the 19.72-acre lot without an approved applicable development application.††

 

The current application proposes to divide a 29.72-acre parcel into two lots. If approved, proposed Lot 1 would be 10 acres in size and Lot 2 would be 19.72 acres. The property is located along the south side of County Road 74 E, the west boundary is the start of Prairie Divide Road and lies in an east-west orientation along said county road. The Red Feather Lakes Chapel in the Pines properties are located adjacent to proposed Lot 2 and said lot forms a U-shape around said properties.

The proposal is that only Lot 1 would be developed for a single-family home and Lot 2 would be permanently undeveloped unless a future applicable development application was approved for said lot. A Minor Land Division (MLD) does not allow for the addition of building sites and as proposed, since the existing 29.72-acre parcel allows one building site no additional building sites are proposed or will be allowed. The development would be confined to the 10-acre lot, Lot 1 vehicular access would be from County Road 74E. The property is not served either by public water or sewer nor is it available in the vicinity, thus, a well and on-site septic will be the level of service for Lot 1.†

†††††††††

The Development Services Team believes that the Swanson MLD, as proposed, will meet the required Larimer County Land Use Code (LUC) criteria as long as the issues and concerns raised by this review are appropriately addressed by the applicant.

 

DEVELOPMENT SERVICES TEAM FINDINGS:†

 

A.   The proposed Swanson MLD is consistent with the review criteria and standards of Section 5.4 (Minor Land Division) of the Larimer County Land Use Code, provided the applicant complies with all conditions of approval.

B.   The proposed Swanson MLD is not part of previously recorded exemptions. Staff supports approval of an appeal to the review criteria to allow this property to be subdivided as a Minor Land Division.

C.   If approved under the lot ratio appeal, the proposed Swanson MLD will meet the minimum lot size requirements for the O, Open Zoning District.†

D.   The lots created can meet the minimum access standards of the County Engineering Department.

E.   The proposed Swanson MLD is not anticipated to result in any negative impacts to surrounding properties or uses. In essence, there would be a small net increase in vehicular traffic based upon the MLD proposal.

 

The Development Services Team recommends approval of the Swanson Minor Land Division 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.   Prior to recordation of said MLD plat, meet the survey requirements as specified in the letter dated December 11, 2007, from Larimer County Land Surveyor, Dale Greer, and the December 26, 2007, letter from Brian Barnes.

2.   Dedicate via this project, 60 feet of width for road right-of-way (ROW) along the south half of County Road 74E.

3.   Show upon the plat a fifty (50) foot wide ditch easement for the South Lone Pine water supply ditch at the locations said ditch transverses said property.

4.   Show upon the plat a 15-foot wide utility easement upon the front yards of the two proposed lots and a 10-foot wide utility easement for the rear yards for both lots.†††††

5.   A note shall be placed upon said plat stating that Lot 2 is non-developable.

6.† All conditions of approval shall be met and the Final Plat recorded by July 14, 2008, or this approval shall be null and void.

 

 

M O T I O N

 

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

 

Motion carried 3-0.

 

2. †LYONS FIRE PROTECTION DISTRICT ADOPTION OF THE 1997 UNIFORM FIRE CODE:† †This is a request for approval of the adoption of the 1997 Uniform Fire Code, the 2000 Urban-Wildland Interface Code, and amendments made by the Lyons Fire Protection District.

Colorado State Law requires the fire districts in Larimer County to get a fire code and amendments adopted thru resolution by the County Commissioners before they become effective in unincorporated areas of the County.† The 1997 Uniform Fire Code, the 2000 Urban-Wildland Interface Code, and amendments have been approved by the Board of Directors for the Lyons Fire Protection District and they now would like them to be approved within the fire district in the unincorporated boundaries of Larimer County. The Lyons Fire Protection District is seeking approval from the Board of County Commissioners of these two codes and the amendments.† Larimer County will have no responsibilities for the enforcement of these two fire codes and their amendments.

By adopting the 1997 Uniform Fire Code, the Lyons Fire Protection District will have a fire code that will set standards for existing commercial buildings to be maintained and will help prevent them from becoming fire hazards.† The 2000 Urban-Wildland Interface Code will give them a tool to help mitigate wildland fires.† Therefore, the Building Department is supportive of their adoption.† Notice of the public hearing has been posted in local newspaper in Lyons.† Enclosed are all the amendments and minutes adopting the 1997 Uniform Fire Code and the 2000 Urban-Wildland Interface Code in the Lyons Fire Protection District.†

 

Staff and the Planning Commission recommend that the Board of County Commissioners adopt the 1997 Uniform Fire Code, the 2000 Urban-Wildland Interface Code and amendments for the Lyons Fire Protection District in unincorporated Larimer County.

There was no public comment on this item.

 

M O T I O N

 

Commissioner Eubanks moved that the Board of County Commissioners adopt the 1997 Uniform Fire Code, the 2000 Urban-Wildland Interface Code and amendments for the Lyons Fire Protection District in unincorporated Larimer County.

Motion carried 3-0.

 

3.† LOVELAND RURAL FIRE PROTECTION DISTRICT ADOPTION OF THE 2006 INTERNATIONAL FIRE CODE:† This is a request for approval of the adoption of the 2006 International Fire Code and amendments in the Loveland Rural Fire Protection District.

 

Colorado State Law requires the fire districts in Larimer County to get a fire code and amendments adopted thru resolution by the County Commissioners before they become effective in unincorporated areas of the County.† The 2006 International Fire Code and amendments have been approved by the Board of Directors for the Loveland Rural Fire Protection District and they now would like them to be approved within the fire district in the unincorporated boundaries of Larimer County. The Loveland Rural Fire Protection District is seeking approval from the Board of County Commissioners of the fire code and the amendments.† Larimer County will have no responsibilities for the enforcement of the fire code and amendments.

By adopting the 2006 International Fire Code, the Loveland Rural Fire Protection District will have a fire code that is compatible with the 2006 International Building Codes that the County has already adopted.† The Fire Code will set standards for existing commercial buildings to be maintained and will help prevent them from becoming fire hazards.† Therefore, the Building Department is very supportive of their adoption.† Notice of the public hearing has been posted in the local newspaper in Loveland. Enclosed are all the amendments and minutes adopting the 2006 International Fire Code by the Loveland Rural Fire Protection District.

Staff and the Planning Commission recommend that the Board of County Commissioners adopt the 2006 International Fire Code and amendments and repeal the currently adopted 1997 Uniform Fire Code in the Loveland Rural Fire Protection District in unincorporated Larimer County.

 

Chair Gibson opened up the hearing for public comment and Greg White, Secretary of the Loveland Rural Fire Protection District encouraged the Board to adopt the 2006 International Fire Code for their district.† There was no further public comment.

 

M O T I O N

 

Commissioner Rennels moved that the Board of County Commissioners adopt the 2006 International Fire Code and amendments and repeal the currently adopted 1997 Uniform Fire Code in the Loveland Rural Fire Protection District in unincorporated Larimer County.

 

Motion carried 3-0.

 

The meeting adjourned at 3:10 p.m.

TUESDAY, JANUARY 15, 2007

 

ADMINISTRATIVE MATTERS

(#158 & 159)

 

The Board of County Commissioners met at 9:00 a.m. with County Manager Frank Lancaster.† Chair Gibson presided and Commissioners Eubanks and Rennels were present.† Also present were:† Donna Hart, and Deni LaRue, Commissionersí Office; Charlie Johnson, Engineering Department; Wynette Reed, Human Resources Department; Gary Buffington, Natural Resources Department; Larry Timm, and Karin Madson, Planning Department; Laurel Kubin, Extension Office; Bob Herrfeldt, Fairgrounds and Events Center; Marc Engemoen, Public Works Department; Bill Ressue, Assistant County Attorney; and Gael Cookman, Deputy Clerk.

 

1.† PUBLIC COMMENT:† †Gladys Russell, with the Northern Larimer County Alliance, a grassroots organization representing the rural property owners of Larimer County, expressed frustration with Wellington's planned flag pole annexation and proposed airport.† She stated that if approved, this would destroy property values and the agricultural efforts in northern Larimer County.†

 

Peggy Arevalos expressed opposition to both paving and encouraging truck traffic on Owl Canyon Road, as that this would encourage development and would also negatively affect agricultural efforts in this area.

 

Nancy Popenhagen requested an update on the Rainbow Lane situation. Mr. Johnson explained that Larimer County has contracted with Land America to complete the title work and identify the documents related to the granting of easements, etc.††† Wendy Warren noted for the record that North Shore Drive had indeed been used for a period of three months as their primary access while Rainbow Lane was shut down for that three month period.†

†††††††††††††††††

2.† APPROVAL OF THE MINUTES FOR THE WEEK OF JANUARY 7, 2008:

 

M O T I O N

 

Commissioner Rennels moved that the Board of County Commissioners approve the minutes for the week of January 7, 2008.

 

Motion carried 3-0.

 

3.† REVIEW THE SCHEDULE FOR THE WEEK OF JANUARY 21, 2008:† Ms. 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 January 15, 2008:

 

PETITIONS FOR ABATEMENT:† As recommended by the County Assessor, the following Petitions for Abatement were approved:† Mary Painter.† As recommended by the County Assessor, the following Petitions for Abatement were denied:† Diamond Shamrock/TPI Petroleum (14 Personal Property Accounts).

 

01152008A001†††††††††† BILATERAL AMENDMENT #2 OF CDBG CONTRACT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE COLORADO DEPARTMENT OF LOCAL AFFAIRS

01152008A002†† ††††††† BILATERAL AMENDMENT #1 OF CDBG CONTRACT BETWEEN THE BOARD OF COUNTY COMMISSIONERS, AND HOUSING AUTHORITY OF THE CITY OF LOVELAND

01152008D001 ††††††††† DEED OF DEDICATION BY LOVELAND READY MIX CONCRETE, INC., FOR SAID PROPERTY AS A PUBLIC HIGHWAY

011152008R001†††††††† RESOLUTION AUTHORIZING THE ASSIGNMENT OF THE ALLOCATION TO COLORADO HOUSING AND FINANCING AUTHORITY FOR SUCH PURPOSE

 

MISCELLANEOUS:† Treasurer's Six Month Report; Reappointment of John Knezovich to the Fort Collins Regional Library District Board for a four-year term effective March 8, 2008, and expiring March 7, 2012.

 

LIQUOR LICENSES:† The following liquor licenses were approved and issued:† Windjammer Liquors - Retail Liquor Store - Loveland; Glen Echo Resort - Hotel and Restaurant - Bellvue.

Motion carried 3-0.

 

5.† PROCLAMATION HONORING BERTHOUD'S FARMING HERITAGE:† Tom Vaughan, Director of the Little Thompson Valley Pioneer Museum, introduced a number of individuals from Berthoud and the Berthoud Historical Society.† He then presented a slide show presentation of photographs capturing Berthoud's farming heritage; noting that the photos are on exhibit at the Larimer County Justice Center from January 15, 2008, until March 15, 2008.† Mr. Vaughan explained that the vintage photos were donated by various individuals, and that he and co-photographer Bill Markham took the more current and contemporary photographs.† The Board thanked Mr. Vaughan for the presentation, and Commissioner Rennels read the proclamation aloud.

 

M O T I O N

 

Commissioner Rennels moved that the Board of County Commissioners adopt the proclamation honoring Berthoud's Farming Heritage.

 

Motion carried 3-0.

 

6. REQUEST TO HIRE A LIMITED TERM EMPLOYEE (LTE) FOR ORACLE ADVANCED BENEFITS IMPLEMENTATION AND SELF SERVICE OPEN ENROLLMENT PROJECT: †Ms. Reed explained that The Oracle Advanced Benefits Implementation and Self Service Open Enrollment Project us a large undertaking that will require a considerable time commitment from the Benefits Administrator and the Benefits Technician throughout 2008.† Ms. Reed stated that they had anticipated hiring a temporary employee to assist in the office during this time.† She requested the ability to hire a Limited Term Employee in order to offer benefits, in hopes of being more successful in attracting someone that would commit for the duration of the project.†† Ms. Reed noted that she has the budget necessary to accommodate this request, and that the position would be for the remainder of this year only.

 

M O T I O N

 

Commissioner Eubanks moved that the Board of County Commissioners approve hiring a Limited Term Employee for Oracle Advance Benefits Implementation and Self Service Open Enrollment Project for the remainder of 2008.†

 

Motion carried 3-0.

 

 

7.† EMPLOYEE GROUP OUTING TO ELITCH GARDENS:† Ms. Hart explained that the Employee Day at Elitch Gardens has been an annual event for several years; she noted that Larimer County can purchase tickets at a substantially reduced group rate, and pass on the additional savings to employees who request tickets.† Ms. Hart stated that the cost will be $13 per ticket, and there is a six ticket limit per employee.† She requested approval up of to $3,000 from the Special Projects to fund this event for 2008.

 

M O T I O N

 

Commissioner Rennels moved that the Board of County Commissioners approve the purchase of 500 Elitch Gardens tickets for employee purchase with Larimer County supplementing a portion of ticket costs.†

 

Motion carried 3-0.

 

8.† SALE OF TWO BIG THOMPSON FLOOD PARCELS:† Mr. Johnson explained that the County is in the process of selling 65 parcels that were acquired after the Big Thompson Flood of 1976.†† To date, three parcels have been sold with several other potential sales in process.† Mr. Johnson noted that a sealed bid process was held in October, in order to sell two parcels in the Cotner Subdivision of Sylvan Dale.† He requested Board approval on the contract to sell these two non-buildable parcels for a total of $13,000.00.†† Mr. Buffington explained that the money from the sale of these properties will be used for park improvements up and down the Big Thompson Canyon.

 

M O T I O N

 

Commissioner Eubanks moved that the Board of County Commissioners approve the contract to sell two Big Thompson flood parcels for $13,000.00.

 

Motion carried 3-0.

 

9.† WORKSESSION:††† Mr. Lancaster explained that the Fort Collins Cinco de Mayo Celebration committee has again requested Larimer County to provide a donation of $1,000 to help support the 2008 community celebration.  Mr. Lancaster stated that this is the same amount the Board has provided for the last several years.

 

M O T I O N

 

Commissioner Rennels moved that the Board of County Commissioners approve the expenditure of $1000 from the Commissioners Special Projects Fund in support of the Annual Cinco De Mayo Community Celebration.

 

Motion carried 3-0.

 

Mr. Lancaster then clarified that the Human Services positions that were approved at the January 8, 2008, Administrative Matters Meeting, were approved with the assumption that funding for these positions would be approved through the 2008 Legislative Session.† Mr. Lancaster informed the Board that the positions were submitted with the caveat that if the funding was not approved during this Legislative Session, then the positions would need to be brought back to the Board for re-approval with a recommended funding source.

 

Finally, Mr. Herrfeldt, Ms. Kubin, and Mr. Engemoen presented structure changes to the Fair Board and Executive Committee, and outlined each the purpose for these changes.† Mr. Herrfeldt stated that in addition to increasing the recognition of those serving in volunteer position; there will be a shift in the division of responsibilities between volunteers and staff members of The Ranch.†† The Board was in favor of the updated structure changes.

 

M O T I O N

 

Commissioner Rennels moved that the Board of County Commissioners endorse the proposed structural changes to the Larimer County Fair Board and Executive Committee.

 

Motion carried 3-0.

 

10.† COMMISSIONER REPORTS:† The Board reviewed their activities at events during the past week.

 

11.† LEGAL MATTERS:† (Affidavit Provided.)

 

Mr. Timm requested direction regarding the draft code amendments pertaining to Wind Tower Regulations and the Rubbish Ordinance.† Discussion ensued, and the Board directed Mr. Timm to proceed with the code changes to the Wind Tower Regulations, and to proceed to public hearing with the Rubbish Ordinance, as long as the reference to the Sheriff being listed as a responding agent is omitted from the ordinance.

 

Mr. Ressue then requested the Board go into Executive Session for attorney/client discussions.

 

M O T I O N

 

Commissioner Rennels moved that the Board of County Commissioners go into Executive Session 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.

 

The meeting adjourned at 11:15 a.m., with no further action taken.

 

 

 

__________________________________________

††††††††††††††††††††††† GLENN W. GIBSON, CHAIR

BOARD OF COMMISSIONERS

SCOTT DOYLE

CLERK AND RECORDER

 

ATTEST:

 

≠≠≠______________________________________

Gael M. Cookman, Deputy Clerk

Background Image: Rocky Mountain National Park by Sue Burke. All rights reserved.