MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

 

 

MONDAY, APRIL 2, 2012

 

LAND USE HEARING

 

The Board of County Commissioners met at 3:00 p.m. with Matt Lafferty, Principal Planner. Chair Gaiter presided and Commissioners Donnelly and Johnson were present. Also present were:  Eric Tracy, Engineering Department; Doug Ryan, Environmental Health Department; Rob Helmick and Toby Stauffer, Planning Department; Jeannine Haag, County Attorney’s Office; and Melissa Lohry, Deputy Clerk.

 

Chair Gaiter opened the hearing with the Pledge of Allegiance.

 

Mr. Lafferty requested the Board add item #3, Spring Creek Federal Emergency Management Agency (FEMA) Physical Map Revision (PMR) and County Floodplain Overlay Zone Boundary Amendment, to the consent agenda.

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners move item #3, Spring Creek Federal Emergency Management Agency (FEMA) Physical Map Revision (PMR) and County Floodplain Overlay Zone Boundary Amendment, to the consent agenda.

 

Motion carried 3-0.

 

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

 

1.         S BAR G CONSERVATION DEVELOPMENT PRELIMINARY PLAT TIME EXTENSION, FILE #10-S2953:   This is a request for a three year extension of the time to submit a final plat for a three lot conservation development. The applicant received approval of the preliminary plat on February 7, 2011, and the Findings and Resolution dated March 15, 2011. According to the Larimer County Land Use Code, approval of a preliminary plat is good for one year; however, the applicant may an extension of that time according to the following guidelines:

 

5.13.4.J.

Extensions of preliminary plat approvals.

1.         The County Commissioners may extend the effective period of a preliminary plat for good cause. The applicant must request the extension in writing prior to expiration of the preliminary plat.

2.         Notice of a hearing to consider an extension request will be given under notice requirements for County Commissioner consideration of a preliminary plat.

3.          The County Commissioners will consider the following criteria when reviewing a preliminary plat extension request:

a.         Conditions in the neighborhood have not changed significantly since the original approval;

b.         The approved preliminary plat is consistent with any amendments to this code adopted since the original approval; and

c.          The applicant demonstrates that the extension is necessary because there have been factors beyond his or her control that prevented the submittal of the final plat for this project.

 

Staff has found that the request is appropriate given that the neighborhood has remained unchanged during the past year, no significant Code changes have occurred which would affect this request, and the current market is such that pursuing the Final Plat at this time is not warranted. Staff further believes that given the economy the extension should be granted for three years rather than the one-year standard. 

 

3.         SPRING CREEK FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA) PHYSICAL MAP REVISION (PMR) AND COUNTY FLOODPLAIN OVERLAY ZONE BOUNDARY AMENDMENT:  This is a request to amend the Larimer County Floodplain Overlay Zone District boundary as a result of FEMA Floodplain Map Changes. The proposed request to adopt the Federal Emergency Management Agency’s Flood Insurance Rate Maps (FEMA FIRMs) dated May 2, 2012, and the request to approve the resultant amendments to the Larimer County Floodplain Overlay Zone District Boundaries were presented to the Planning Commission on March 21, 2012. There was no public comment and the item was unanimously approved.

 

The Federal Emergency Management Agency (FEMA) conducts its own technical analysis and provides a community with the flood hazard information upon which floodplain management regulations are based. The FEMA Flood Insurance Study (FIS) and Flood Insurance Rate Map (FIRM) delineate the floodplain limits, establish flood risk zones, and, in some cases, also establish base flood elevations. The FIRM’s are used by communities as a basis for regulating flood prone construction and they are used by insurance agents to rate flood insurance policies. The community is then required to adopt a floodplain management ordinance and associated flood studies and flood maps. Communities that fail to adopt the effective flood studies and flood maps can be suspended from the program, resulting in the unavailability of flood insurance to property owners county-wide, and limitations on Federal financial assistance (including, but not limited to federally backed mortgage loans) within a Special Flood Hazard Area.

 

The National Flood Insurance Program (NFIP) is a federal program enabling property owners in participating communities to purchase flood insurance as a protection against flood losses in exchange for community floodplain management regulations that reduce future flood damages.  Participation in the NFIP is based on an agreement between communities and the Federal Government. If a community adopts and enforces a floodplain management ordinance to reduce future flood risk to new construction in floodplains, the Federal Government will make flood insurance available within that community as a financial protection against flood losses. 

 

The City of Fort Collins recently completed several floodplain management improvements that were identified as a result of the Spring Creek flood event in 1997. As a result of the projects and detailed surveys done during the design of those improvements, the effective FEMA floodplain maps and accompanying technical studies needed to be updated. 

 

In addition to recognizing the new improvements along Spring Creek, several other changes that were previously approved by the County through the standard Letter of Map Revision (LOMR) process also require formal adoption:  

 

·   LOMR for a small portion of Boxeleder Creek near Mulberry, east of I-25, the Boxelder Creek LOMR was approved in 2010. This LOMR is only being listed with this map update to show the already approved floodplain boundary limits on this new map. 

 

·   A  LOMR for a small portion of the Poudre River South of Mulberry, west of Timberline, approved in 2010, but minor technical changes have recently been made within city limits.   

 

The Spring Creek changes are very minimal. No Larimer County structures are being added to the floodplain as a result of the map update.

 

All three changes now need to move through the formal adoption process.  For Larimer County, this means adopting the revised floodplain limits as part of the Larimer County Flood Plain Overlay Zone District. Floodplains are an overlay zoning district outlined in Section 4.2.2 of the Larimer County Land Use Code. 

 

Staff recommends that the Board of County Commissioners approve the:

 

1.    Adoption of the following Federal Emergency Management Agency’s Flood Insurance Rate Maps (FEMA FIRMs) dated May 2, 2012:

 

(a)    Panel Number 08069C0967G

(b)    Panel Number 08069C0978G

(c)    Panel Number 08069C0979H

(d)    Panel Number 08069C0983H

(e)    Panel Number 08069C0984H

(f)    Panel Number 08069C0986G

(g)    Panel Number 08069C0987G

(h)    Panel Number 08069C0992G

(i)   Panel Number 08069C1003G

(j)   Panel Number 08069CIND1C

(k)    Panel Number 08069CIND2C

 

2.    Approval of the amendments to the Larimer County Floodplain Overlay Zone District Boundaries as a result of FEMA’s adoption of the revised FIRMs.

 

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners approve the consent agenda as it appears above.

 

Motion carried 3-0.

 

2.         PLEASANT ACRES 2ND SUBDIVISION, LOTS 5 & 6, BLOCK 4, FILE #12-S3098 AND ROMERO FEE APPEAL, FILE #12-G0233:   This is a combined request to amend the Pleasant Acres Replat to formalize the lot lines for a lot that originated from a portion of Lots 5 & 6, Block 4, and a request to reduce the fees for the resulting amended plat and setback variance. The Pleasant Acres Replat shifted platted lot lines into new lots, however, the new lots were recorded by deed only. This request formalizes the current lot lines for a lot that originated from a portion of Lots 5 & 6, Block 4, with an amended plat.

 

This application is proceeding concurrently with a setback variance request, File #12-BOA0886, to be heard by the Board of Adjustment on March 27, 2012. The applicant requests relief from the application fees for both applications. The total fee for both applications is $1,100 with $500 for a setback variance and $600 for an amended plat. 

 

The home and property were brought to the attention of County Code Compliance through an anonymous complaint. The complainant indicated that the property required an amended plat, setback variance, and building permit for a recently constructed porch. The applicant indicates that they built the home with a permit 23 years ago, and then built a covered walkway/porch 10 years ago not knowing that a permit was needed or that setbacks were of concern, due to the fact that they had been able to build their house with no issues.

 

Other properties in the neighborhood have gone through similar amended plat and variance processes, due to a replat recorded by deed many years ago. The amended plat and setback variance request will allow and existing property and house to remain in their current location as is, no new construction is proposed or occurring on the property.

 

Staff has found that the proposed plat amendment to the Pleasant Acres Replat, to formalize the lot lines of a lot created by deed, will not adversely affect any neighboring properties or any county agency, nor will the request result in any additional lots. Furthermore, staff finds that with the conditions as listed below, the request meets the requirements of the Larimer County Land Use Code.

 

In regards to the fee appeal, staff has found that a portion of the fees can cover some costs of processing the applications; however, any relief of fees given to the applicant is detrimental to the Planning Department because the cost of staff time spent processing the request will need to be absorbed.

 

Therefore, staff recommends denial of the Romero Fee Appeal, File #12-G0233, a request to waive a portion of fees associated with this amended plat and also a setback variance request, File #12-BOA0886.

 

Staff recommends approval of the Amended Plat of a portion of Lots 5 & 6, Block 4, of the Replat of a portion of Pleasant Acres Subdivision Second Filing, File #12-S3098, 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 October 2, 2012, 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.   Prior to the recordation of the final plat, the applicant shall pay all outstanding property taxes.

 

Much discussion ensued between the Board and staff regarding the changes which have occurred to the subject subdivision over time.

 

Chair Gaiter opened the hearing to the applicant, Charlene Romero, who stated that she was not aware of the problems within her subdivision, nor the need to apply for a building permit for and open porch.

 

Much discussion ensued between the Board and staff regarding the applicant’s responsibility to pay fees for the amended plat. The Board agreed that the boundary line adjustments should have been finalized prior to Ms. Romer’s purchase of the property, and therefore, should not be responsible for paying the application fee.

 

M O T I O N

 

Commissioner Johnson moved that the Board of County Commissioners approve the Amended Plat of a portion of Lots 5 & 6, Block 4, of the Replat of Pleasant Acres Subdivision, Second Filing, File #12-S3098, subject to the conditions listed above.

 

Furthermore, Commissioner Johnson moved that the Board of County Commissioners partially approve the Romero Fee Appeal, File #12-G0233, waiving a total of $600.00, for the amended plat.

 

Motion carried 3-0.

 

There being no further business, the Board adjourned at 4:00 p.m.

 

 

TUESDAY, APRIL 3, 2012

 

ADMINISTRATIVE MATTERS

 

The Board of County Commissioners met at 9:00 a.m. with Frank Lancaster, County Manager. Chair Gaiter presided and Commissioners Johnson and Donnelly were present. Also present were:  Donna Hart, and Deni LaRue, Commissioners’ Office; Dale Miller, Road and Bridge Department; Rusty McDaniel, Engineering Department; Bob Herrfeldt, Fairgrounds and Events Center; Stephen Gillette, Solid Waste Department; Laura Walker, Tamara Schmidt, and Laura Sartor, Human Services Department; Linda Hoffman, Planning Department; Undersheriff Bill Nelson, Sheriff’s Department; Dave Rowe, Facilities and Information Technology Department; John Gamlin, Human Resources Department;  Jeannine Haag, and Linda Connors, County Attorney’s Office; Gael Cookman, Deputy Clerk. 

 

Chair Gaiter opened the hearing with the Pledge of Allegiance.

 

1.    PUBLIC COMMENT:   Steve Shaffer thanked Mr. Lancaster for his years of service to Larimer County.  He also encouraged the Board to put emphasis and financial support towards the county programs that provide continued health and safety for children.

 

Eric Sutherland thanked Larimer County for diverting materials out of the landfill and into the recycling stream, and urged more collaboration with the cities to make these programs, and others like them, more readily available for the communities. 

 

Larry Newman suggested that the Board enact a fire ban for those areas that Xcel is installing a new gas pipeline, as the residents of these areas have been asked to evacuate their homes for two-days as a safety precaution. 

 

Tad Buonimici informed the Board of an on-going situation with his nightclub, and explained the circumstances surrounding a recent event during which he was cited by the Sheriff’s Department.

 

Bill Gilbert, President of the Mummy Range Institute in Red Feather Lakes, expressed concerns with the Middle Bald Mountain project and its potential hazardous effects on certain species of plants in the alpine tundra. 

 

2.    APPROVAL OF THE MINUTES FOR THE WEEK OF MARCH 26, 2012: 

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners approve the minutes for the week of March 26, 2012.

 

Motion carried 3-0.

 

3.    REVIEW OF THE SCHEDULE FOR THE WEEK OF APRIL 9, 2012:   Ms. Hart reviewed the upcoming schedule with the Board.

 

4.     CONSENT AGENDA:

 

M O T I O N

 

Commissioner Johnson moved that the Board of County Commissioners approve the consent agenda, as listed below:

 

04032012A002           PROGRAM YEAR 2012 WORKFORCE DEVELOPMENT PLAN AGREEMENT BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS, ON BEHALF OF THE LARIMER COUNTY WORKFORCE CENTER AND THE STATE OF COLORADO BY AND THROUGH THE COLORADO DEPARTMENT OF LABOR & EMPLOYMENT

 

04032012A003           DEPARTMENT OF PUBLIC WORKS CONTRACT AGREEMENT BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND CONNELL RESOURCES, INC. FOR PROJECT NO. 299 FOR THE REALIGNMENT OF STOVE PRAIRIE ROAD (CR 27) MP 21.8

 

04032012R001           FINDINGS AND RESOLUTION APPROVING THE BERTHOUD DALE AMENDED LOT 2A UTILITY EASEMENT AND RELOCATION

 

MISCELLANEOUS:   Authorization of Increase in Amount of Purchase Order No. 9332 for County Road Resurfacing Project; Stipulation as to Tax Year 2011 Actual Value – Docket 58106, 58107, and 58108 (3-parcels) for Orville C. and Shirley M. Hawkins.

 

Motion carried 3-0.

 

5.   LANDFILL GAS UPDATE :   Mr. Gillette explained that Larimer County entered into a Landfill Gas Purchase Agreement in 2008, with a subsequent first addendum to the agreement in 2009.  Mr. Gillette noted that the first addendum identified four benchmarks, and that three of the four benchmarks have been met; however, the fourth calls for commercial operation to commence.  Mr. Gillette stated that during this time the contractor has had to deal with the economic downturn, as well as the price of natural gas plummeting to record lows, and he is requesting another two years to hopefully expand the system and complete the fourth benchmark on this project.   

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners approve an additional two-year period for Larimer Energy LLC, at the end of which a report would be made to the Board of County Commissioners. 

 

Motion carried 3-0.

 

6.    CHILD CARE ASSISTANCE PROGRAM (CCAP) DAILY RATES:    Ms. Walker, Ms. Sartor, and Ms. Schmidt proposed increasing the daily rates for CCAP providers in order to provide consistency with holiday pay and part-time reimbursement rates for Larimer County CCAP providers.  Much discussion ensued and the Board agreed to support the request.

 

M O T I O N

 

Commissioner Johnson moved that the Board of County Commissioners approve alignment of the part-time CCAP daily rates to a 55% standard of full time rates paid to CCAP providers, effective May 15, 2012, and rolling the six holidays per year paid to licensed CCAP providers into the daily rates, effective May 15, 2012.

 

Motion carried 3-0.

 

7.  APPROVE AGRICULTURAL ADVISORY BOARD LETTER TO SHERIFF REGARDING THEFT OF IRRIGATION SYSTEM COMPONETS:  Ms. Hoffman explained that farmers in both Larimer and Weld Counties are experiencing theft of copper wiring from irrigation systems; she requested approval on a letter informing the Sheriff of this situation, and to solicit assistance and suggestions on how to best deal with this problem.   

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners approve the letter to the Sheriff regarding theft of irrigation system components. 

 

Motion carried 3-0.

 

8.   REQUEST TO ESTABLISH A STRICTER ANIMAL CONTROL AREA:  Ms. Hoffman introduced Gertrud Mittermeier, resident of the Crystal View subdivision.  Ms. Mittermeier presented petitions which included 33 signatures requesting the county establish a stricter animal control area to include their neighborhood, as there have been loose animals wandering about.  Discussion ensued and the Board directed Ms. Hoffman to work with the County Attorney’s Office to draft an Ordinance per this request. 

 

9  PROPOSED MODIFICATIONS TO THE COUNTY SPECIAL EVENTS REGULATION FOR COUNTY ROADS :  Mr. Lancaster requested the Board approve a change to this regulation that would limit no more than two bicycling events or road closures permitted on any individual section of county road during any 30-day period; however, it would exempt the running races and motorcycle rallies, etc.  The Board agreed to support this change.

 

M O T I O N

 

Commissioner Johnson moved that the Board of County Commissioners approve the revision of section 4, item 19 of the Resolution Establishing Special Event Permit Requirements for Larimer County Roads to read, “19.  No more than two bicycling events or road closures will be permitted on any individual section of county road during any 30-day period.”

 

Motion carried 3-0.

 

04032012R002           RESOLUTION ESTABLISHING SPECIAL EVENT PERMIT REQUIREMENTS FOR LARIMER COUNTY ROADS

 

10.  INTERGOVERNMENTAL AGREEMENT FOR PARTICIPATION IN THE COLORADO EMERGENCY FIRE FUND:  Undersheriff Nelson presented an agreement which allows Larimer County to participate in the Colorado Emergency Fire Fund and requested approval on the same.

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners approve the Intergovernmental Agreement for Participation in the Colorado Emergency Fire Fund.

 

Motion carried 3-0.

 

04032012A001           INTERGOVERNMENTAL AGREEMENT BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS,  THE LARIMER COUNTY SHERIFF’S DEPARTMENT, AND THE BOARD OF GOVERNORS OF THE COLORADO STATE UNIVERSITY SYSTEM

 

11.   COUNTY MANAGER WORKSESSION:  Mr. Lancaster noted that Larimer County will be highlighted at the Climate Wise event for winning the Courthouse category in energy efficiency.

 

12.    COMMISSIONER ACTIVITY REPORTS:   The Board discussed their activities at events during the past week.  During this time, Chair Gaiter also proposed an outline of ideas on how to recruit a new county manger.  Much discussion ensued. 

 

13.   LEGAL MATTERS:  Ms. Connors presented another stipulation for a liquor license establishment and requested approval on the same.

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners accept the Offer of Settlement for Schrader Country Store #440, 3733 East Mulberry Street, Fort Collins, Colorado, and impose a five-day suspension of their liquor license effective at 5:00 p.m. April 9, 2012, and expiring at 5:00 p.m., April 14, 2012. 

 

Motion carried 3-0.

 

Ms. Haag then requested that the Board go into executive session for confidential legal advice.

 

M O T I O N

 

Commissioner Johnson 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.

 

There being no further business, the meeting adjourned at 11:45 a.m.

 

 

 

__________________________________________

   LEW GAITER, CHAIR

BOARD OF COMMISSIONERS

 

 

SCOTT DOYLE

CLERK AND RECORDER

 

ATTEST:

 

 

______________________________________

Melissa E. Lohry

 

 

______________________________________

Gael M. Cookman, Deputy Clerk