MINUTES OF THE BOARD OF COUNTY COMMISSIONERS
MONDAY, OCTOBER 11, 2010
LAND USE HEARING
The Board of County Commissioners met at 3:00 p.m. with Matt Lafferty, Principal Planner. Commissioners Donnelly and Gaiter were present, and Chair Johnson presided. Also present were: Jeanine Haag, County Attorney; Samantha Mott and Toby Stauffer, Planning; Traci Shambo, Engineering; and Angela Myers, Deputy Clerk.
Chair Johnson 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 Johnson explained that all of the items on the agenda are on consent and would not be discussed unless requested by the Board, staff, or members of the audience. No requests for discussion were made, and all of the following items were placed on consent:
1. CRYSTAL LAKES 7TH FILING LOTS 50 & 51 LOT CONSOLIDATION AND EASEMENT VACATION FILE #10-S2987: This is a request for Lot Consolidation to combine two contiguous lots and vacate the 14-foot utility easement located along the common lot line of Lots 50 and 51 of Crystal Lakes 7th Filing. If approved, the recording instrument will be a Finding and Resolution from the Board of County Commissioners.
No neighbors have voiced any objections to this proposal. Additionally, the following Larimer County agencies have indicated that they have no objections to this proposal: Department of Health and Environment; Engineering Department (indicated that the utility companies should have an opportunity to confirm they are in support of the proposed utility vacation); Addressing Coordinator; Code Compliance Section; and Assessor’s Office.
The proposed Lot Consolidation for Lots 50 and 51 of Crystal Lakes 7th Filing and 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 the Lot Consolidation for Crystal Lakes 7th Filing Lots 50 and 51, File #10-S2987, and vacation of the 14-foot utility easement located along the common lot line, subject to the following conditions: 1) All conditions of approval shall be met and the final resolution recorded by April 11, 2011, 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 reconfiguration of the lot lines shall be finalized at such time when the findings and resolution of the County Commissioners is recorded.
2. CRYSTAL LAKES 3RD FILING LOTS 28 & 29 LOT CONSOLIDATION AND EASEMENT VACATION, FILE #10-S2985: This is a request for approval of a Lot Consolidation to combine two lots and vacate two 7-foot utility easements located along the common lot line of the two lots. If approved, the recording instrument for this application will be a Findings and Resolution from the Board of County Commissioners.
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 Services Team; Addressing Section; County Code Compliance Section; and Assessor’s Office (provided the new legal description for the consolidated lot).
The proposed Crystal Lakes 3rd Filing, Lots 28 and 29, Lot Consolidation and two 7-foot Utility Easement Vacations will not adversely affect any neighboring properties or any county agency. The Lot Consolidation will not result in any additional lots, and no other services will be affected. The staff finds that the request meets the requirements of the Larimer County Land Use Code.
The Development Services Team recommends approval of the Crystal Lakes 3rd Filing, Lots 28 and 29, Lot Consolidation and two 7-foot Utility Easement Vacations, File # 10-S2985, subject to the following conditions: 1) All conditions of approval shall be met and the final resolution recorded by April 11, 2011, 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 reconfiguration of the lots lines shall be finalized at such time when the plat and findings and resolution of the County Commissioners are recorded.
3. RETREAT 4TH FILING LOT 28 EASEMENT VACATION, FILE #10-S2993: This is a request to vacate a 20-foot access easement between Lots 28 and 29 of the Retreat, 4th Filing, as shown on Exhibit A and indicated in the associated Quit Claim Deed. If approved, the recording instrument for this application will be a Findings and Resolution from the Board of County Commissioners. Lot 29 receives primary use of the access. Lot 29 currently has access from Fighting Elk Court. The 20-foot access easement appears to be an unused additional access point for Lot 29; the primary access for Lot 29 appears to be from Fighting Elk Court. The purpose for the easement vacation is to allow construction of a new garage on Lot 28 in the location of the easement.
The application meets the criteria of the access easement vacation, the proposed request will not leave any land without access and all of the comments from the review agencies will be considered.
The Development Services Team recommends approval of The Retreat 4th filing, Lots 28 and 29 Access Easement Vacation, File #10-S2993, subject to the following condition: 1) The County Commissioners are authorized to sign the Findings and Resolution for this action when it is presented.
M O T I O N
Commissioner Gaiter moved that the Board of County Commissioners approve the consent agenda, as outlined above.
Motion carried 3-0.
The meeting adjourned at 3:04 p.m., with no further action taken.
TUESDAY, OCTOBER 12, 2010
The Board of County Commissioners met at 9:00 a.m. with Frank Lancaster, County Manager. Chair Johnson presided, and Commissioners Gaiter and Donnelly were present. Also present were: Donna Hart and Deni LaRue, Commissioners’ Office; Michael Kirk, Facilities and Information Technology; Major Smith, and Lieutenant Bebell, Sheriff’s Department; Lorenda Volker and Pam Stultz, Human Resources; and Angela Myers, Deputy Clerk.
1. PUBLIC COMMENT: John Rust of Loveland approached the Board with three items of concern: 1) Potential issues with firewood cutting/sales, specifically related to one complaint that may be prompting the Board to take some restrictive action, which he thinks is unwarranted, since there are generally few issues. 2) Concern about county roads that wash out when there is a heavy rain. He suggested a regulation stipulating that private access roads cannot slope toward county roads, and swales should be required to ensure gravel does not wash down on county roads. 3) Concern about plan investment/road fees that are charged when there is construction at building sites. He asked that those fees be maintained for expansion in the particular area, to ensure those who are using a road actually pay for the upgrades, rather than the entire county paying for such expenses.
The commissioners ensured Mr. Rust that they do not intend to make firewood sales, cutting, etc., more difficult. They also explained that capitol expansion fees are used for work in the specific area where they are generated, but agreed they would look into his concern to ensure that is the case.
2. APPROVAL OF MINUTES FOR THE WEEK OF OCTOBER 4, 2010:
M O T I O N
Commissioner Gaiter moved that the Board of County Commissioners approve the minutes for the week of October 4, 2010.
Motion carried 3-0.
3. REVIEW OF THE SCHEDULE FOR THE WEEK OF OCTOBER 18, 2010: Ms. Hart reviewed the upcoming schedule with the Board.
4. CONSENT AGENDA:
M O T I O N
Commissioner Donnelly moved that the Board of County Commissioners approve the consent agenda, as listed below:
PETITIONS FOR ABATEMENT: As recommended by the County Assessor, the following Petitions for Abatement are approved and/or partially approved: CSM Manufacturing; Palmer Group LLC dba Floyds 99 Barbershops; Kintzley, Raymond P/KP; Rose Valley Ranch LLC, Parcel R0277231; Rose Valley Ranch LLC, Parcel R0396885; Rose Valley Ranch LLC, Parcel R0769533; Rose Valley Ranch LLC, Parcel R1034219; Lancelot Enterprises LLC; HA Family LLC; Siegel, Ida; DD and B Investment Group LLC, Parcel R1458019; DD and B Investment Group, Parcel R0143910; Spickard, Danny L; Kechter, Catherine L; and Everitt Enterprises Inc/Harmony Hotels LLS.
10122010A001 ADDENDUM TO LARIMER COUNTY FAIRGROUNDS AND EVENT COMPLEX CORPORATE SPONSORSHIP AGREEMENT BY AND BETWEEN FIRST NATIONAL BANK AND LARIMER COUNTY: Commissioner Donnelly asked Mr. Lancaster to explain this item. Mr. Lancaster stated that there is a naming rights agreement with First National Bank (FNB) on this building. He explained that, when the building was raised and rebuilt, First National Bank did not have the benefit of advertising. This addendum gives them consideration for those costs for approximately five months, prorated for a total of $10,666.69 in reduced advertising fees from FNB. Commissioner Donnelly asked about insurance coverage for the county for this loss in revenue. The documents indicate that remedy for those costs will be sought from the county’s insurance.
10122010A002 CONSTRUCTION AGREEMENT BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND CONNELL RESOURCES, INC.
10122010A003 AGREEMENT CONCERNING RESIDUAL LAND USE RESTRICTIONS FOR RESIDUAL LOTS A AND B BUCKHORN RANCH R.L.U.P. 99-RLP0033 BETWEEN THE BOARD OF COUNTY COMMISSIONERS OF LARIMER COUNTY AND WILLIAM TIMOTHY AND GLENDA JEAN NASH, AND TARA LYNN JOHNSON
10122010R001 FINDINGS AND RESOLUTION APPROVING THE BUCKHORN RANCH AMENDED RURAL LAND USE PLAN AND AMENDED PLAT OF RESIDUAL LOTS A AND B
10122010R002 FINDINGS AND RESOLUTION APPROVING THE MORNING STAR COMMUNITY CHURCH MINOR LAND DIVISION AND APPEAL
MISCELLANEOUS: Amended Plat of Residual Lot A of the Amended Plat of Residual Lot A, Buckhorn Ranch R.L.U.P. 99-RLP0033 and Residual Lot B, Buckhorn Ranch R.L.U.P. 99-RLP0033.
LIQUOR LICENSES: The following liquor licenses were approved and issued: Berthoud Discount Liquor – Retail Liquor Store – Berthoud; La Chamba – Hotel and Restaurant – Fort Collins. The following liquor licenses were approved: Fort Collins Elks Lodge #804 BPOE – Special Event 6% - Fort Collins.
Motion carried 3-0.
5. FINDING APPROVAL REQUEST FOR SHERIFF ADMINISTRATION OFFICE BUILDING EXPANSION PROJECT: Mr. Kirk explained that this is a Funding Approval Request for the Sheriff Administrative Office Expansion Project. The goal of the project is to provide additional space for evidence storage, a vehicle bay for evidence processing, a remodel lab for ballistics examination, a physical training room, dedicated interview rooms, reconfiguration of cubicles, an investigation conference room, increased general storage, investigation offices, wellness center expansion, and a sworn personnel locker room.
Mr. Kirk requested that the Board approve funding of $5,426,026 to cover the design fees, project management, site drainage, and construction costs for the Sheriff Administration Office Building Expansion Project. He explained that the project will meet current and future needs by providing better utilization of space, reducing operating expenses, and increasing operation efficiencies.
Chair Johnson asked about how this proposal differs from the costs proposed the previous week. Mr. Kirk stated the annual operating costs originally estimated at $211,000 are now closer to $90,000. He further explained that after a closer look, the annual component replacement costs are now closer to $50,000, instead of the earlier estimate of $142,000. Mr. Lancaster commented that the projected as been pared down as much as possible, and that this is a reasonable request that now actually reflects the incremental costs for this specific project, rather than including some costs that would also have supported what is already existing. Discussion ensued regarding how the original plan had been pared down originally and the actual need for this project.
M O T I O N
Commissioner Gaiter moved that the Board of County Commissioners approve funding of $5,426,206 to be paid from the Courthouse Sales Tax Reserve to cover the design fees, project management, site drainage, and construction cost for the Sheriff Administration Office Building Expansion Project.
Motion carried 3-0.
6. UPDATE ON RESULTS OF THE RFP PROCESS FOR THE POST-EMPLOYMENT HEALTH REIMBURSEMENT ACCOUNT (HRA) AND APPROVAL OF IMPLEMENTATION: Ms. Volker explained that an HRA is a vehicle which allows for tax-free savings to pay for health care expenses. It is proposed that the employee sick leave payout policy at termination be augmented and used to fund HRAs for terminating employees. She noted that the Board had directed Human Resources to move forward with the project and issue an RFP to gather more information on the costs.
Ms. Stultz explained the results of the RFP process. Four companies responded to the request for proposal. The company we have selected, upon approval from the board, is OptumHealth. The approximate county cost is $2,000 for the plan setup the first year and $1,100 per year in maintenance fees thereafter. These fees include the establishment and monitoring of a trust that must be maintained for the management of the funds. The rest of the fees are charged to participant accounts. There is a participant monthly administration fee of $5 and a 0.5% asset fee. She then presented scenarios regarding how the amount of the payout would increase based on years of service, and the maximum number of payout hours is removed.
Ms. Volker stated that Board of County Commissioner approval is requested to modify the sick leave policy on payouts upon termination and implement the post-employment HRA effective December 1, 2010.
Discussion ensued regarding the payout changes, how they relate to the voluntary separation program, and how these payouts have been handled in the past. Discussion continued about the funding in place to cover these costs, the background regarding how this funding was initially put into place, and how the plan is handled for 100% disabled veterans.
M O T I O N
Commissioner Donnelly moved that the Board of County Commissioners approve the change in the sick leave policy and the implementation of the post-employment HRA effective December 1, 2010.
Motion carried 3-0.
7. WORKSESSION: Mr. Lancaster explained that he has been representing the county for some time on the Cache La Poudre National Heritage Area Committee and on the Poudre Heritage Alliance (PHA), of which he is now Vice Chair. Mr. Lancaster further explained that the University River Committee has approached him to participate on their committee to consider the future of the Poudre as it travels through the City of Fort Collins. He assured the Board that his participation on this committee would not be as a representative of the county, but would rather be as Vice Chair of the PHA. None of the Board members expressed any concern about Mr. Lancaster’s participation on this committee.
8. COMMISSIONER ACTIVITY REPORTS: The Board discussed their activities at events during the past week.
9. LEGAL MATTERS: There were no legal matters to discuss.
The meeting adjourned at 9:50 a.m.
STEVE JOHNSON, CHAIR
BOARD OF COMMISSIONERS
CLERK AND RECORDER
Angela Myers, Deputy County Clerk