> Meetings & Minutes > Commissioners' Minutes > BCC Minutes for 01/22/13  

MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

 

 

MONDAY, JANUARY 21, 2013

 

County offices were closed on Monday in observation of Martin Luther King Jr. Day.

 

 

Tuesday, January 22, 2013

 

ADMINISTRATIVE MATTERS MEETING

 

The Board of County Commissioners met at 9:00 a.m. with Linda Hoffman, County Manager. Chair Johnson presided and Commissioners Donnelly and Gaiter were present. Also present were:  Neil Gluckman, Donna Hart, and Deni LaRue, Commissioners’ Office; Undersheriff Bill Nelson, Sheriff’s Department; Jeff Green, Risk Management Department; Mark Pfaffinger, and Michael Kirk, Facilities and Information Technology Department; Marc Engemoen, Public Works Division; Jeannine Haag and William Ressue, County Attorney’s Office; and Gael Cookman, Deputy Clerk.

 

Chair Johnson opened the hearing with the Pledge of Allegiance.

 

1.         PUBLIC COMMENT:  Brenda Blake addressed the Board with suggestions and comments regarding recreational shooting in Larimer County.

 

Mel Hilgenberg updated the Board on community cultural events, and commented on many government services.

 

Eric Sutherland commented on the “lack” of integrity and responsibility of certain public officials within the community, and asked the Board to hold the City of Fort Collins Urban Renewal Authority accountable for expenditures, especially those related to the Rocky Mountain Innosphere project.

 

2.         APPROVAL OF THE MINUTES FOR THE WEEK OF JANUARY 14, 2013:

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners approve the minutes for the week of January 14, 2013.

 

Motion carried 3-0.

 

3.         REVIEW OF THE SCHEDULE FOR THE WEEK OF JANUARY 28, 2013:  Ms. Hart reviewed the upcoming schedule with the Board.

 

4.         CONSENT AGENDA: 

 

M O T I O N

 

Commissioner Gaiter moved that the Board of County Commissioners approve the consent agenda as follows:

 

01222013A001           AGREEMENT FOR LANDSCAPE IMPROVEMENTS FOR LOT 7, MOUNTAIN RIVER RANCH ESTATES CONSERVATION DEVELOPMENT

 

01222013A002           STIPULATION AS TO TAX YEAR 2009-2010 ACTUAL VALUE – BRET E. LARIMER; DOCKET NO. 60654, SCHEDULE NUMBER R1643108

 

01222013A003           STIPULATION AS TO TAX YEAR 2012 ACTUAL VALUE – VALERO DIAMOND METRO, INC.; DOCKET NO. 61311, SCHEDULE NUMBER R1398954

 

01222013A004           STIPULATION AS TO TAX YEAR 2012 ACTUAL VALUE – VALERO DIAMOND METRO, INC.; DOCKET NO. 60317, SCHEDULE NUMBER R1294725

 

01222013A005           STIPULATION AS TO TAX YEAR 2012 ACTUAL VALUE – DIAMOND SHAMROCK STATIONS, INC.; DOCKET NO. 61310, SCHEDULE NUMBERS R1307312, R1307339, AND R1307347

 

01222013A006           STIPULATION AS TO TAX YEAR 2012 ACTUAL VALUE – DIAMOND SHAMROCK STATIONS, INC.; DOCKET NO. 61309, SCHEDULE NUMBER R0410403

 

01222013A007           STIPULATION AS TO TAX YEAR 2012 ACTUAL VALUE – DIAMOND SHAMROCK STATIONS, INC.; DOCKET NO. 61314, SCHEDULE NUMBERS R0694231, R0694242, R1212311, AND R1230573

 

01222013A008           STIPULATION AS TO TAX YEAR 2012 ACTUAL VALUE – DIAMOND SHAMROCK STATIONS, INC.; DOCKET NO. 61315, SCHEDULE NUMBER R1443488

 

01222013R001           RESOLUTION REGARDING HEALTH CARE SERVICES PURSUANT TO 390301111.5 C.R.S.

 

01222013R002           RESOLUTION REGARDING THE RELEASE OF RESTRICTION ON SALE OF LOT 7, MOUNTAIN RIVER RANCH ESTATES CONSERVATION DEVELOPMENT

 

01222013R003           RESOLUTION CANCELING THE 2010 TAXES DETERMINED TO BE UNCOLLECTIBLE

 

01222013R004           SPECIAL REVIEW FINDINGS AND RESOLUTION APPROVING THE PETITION OF THE POPE COMMUNITY HALL AND APPEAL

 

01222013R005           RESOLUTION FOR CONVEYANCE BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND CACTUS HILL RANCH

 

MISCELLANEOUS:   Recommendation to appoint Station Black to GID #4, Carriage Hills beginning January 22, 2013, and expiring November 30, 2016.  Recommendation to appoint Mike Poppenwimer to PID #48 Puebla Vista Estates, beginning January 22, 2013, and expiring November 30, 2016.

 

LIQUOR LICENSES:   The following license was approved and issued:  Vern’s Place, Beer & Wine - LaPorte.

 

Motion carried 3-0.

 

5.         FLEET SERVICES OPERATIONS POLICY:   Undersheriff Nelson explained that when the Fleet Customer Advocacy Board (CAB) was formed, they were given certain authority to make final decisions regarding the implementation and use of county vehicles.  One thing that was omitted from this authority was delegation from the Board of County Commissioners to grant exemptions from the policy for valid business reasons.  He requested that the Board grant this authority in order to expedite the process for customer consideration and approval for exemptions. 

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners approve delegating authority to the Feel Customer Advocacy Board to approve exemptions from the Fleet Services Operations Policy related to the payment of utility fees for ownership and/or maintenance of vehicles and equipment.

 

Motion carried 3-0.

 

6.         EMERGENCY RESPONSE POLICY AND PLAN:   Mr. Kirk presented a consolidated Emergency Response Policy and Plan for the Board’s consideration.  Discussion ensued and Chair Johnson stated his concerns with some of the language in it, as he believes it is not strong enough for implementation, and that portions of the plan should be mandatory.  Commissioners Gaiter and Donnelly felt that these issues could be addressed by staff during the implementation phase.

 

On a side note, the Board noted that Mr. Kirk is leaving his position with Larimer County and they thanked him for all of his hard work and effort over the years. 

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners approve the Emergency Response Policy, with the operations plan being fully developed within the next 60 days.

 

Motion carried 2-1; Chair Johnson dissenting.

 

01222013P001            ADMINISTRATIVE POLICY AND PROCEDURE 310.10A:  LARIMER COUNTY EMERGENCY RESPONSE POLICY

 

7.         WORKSESSION:  Ms. Hoffmann updated the Board on various items, including her visit to Greeley, her “Red Team” child protection training session, and some information regarding the City of Loveland’s Urban Renewal Authority. 

 

8.         COMMISSIONER ACTIVITY REPORTS:  The Board detailed their attendance at events during the previous week.

 

8.         LEGAL MATTERS:  Ms. Haag and Mr. Ressue requested the Board go into executive session to receive legal advice regarding the Harrison lawsuit.

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners go into Executive Session for conferences with an attorney 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 hearing recessed at 10:40 a.m., with no further action taken.

 

 

LAND USE HEARING

 

The Board of County Commissioners reconvened at 3:00 p.m. with Matt Lafferty, Principal Planner. Chair Johnson presided and Commissioner Donnelly was present. Also present were:  Rob Helmick, Planning Department; Traci Shambo, Engineering Department; Doug Ryan, Environmental Health Department; Bill Ressue, County Attorney’s Office; and Gael Cookman, Deputy Clerk.

 

Chair Johnson opened the hearing with the Pledge of Allegiance.

 

Chair Johnson then noted that the following items were on consent and would not be discussed unless requested to do so by members of the Board, staff, or anyone in the audience. 

 

2.         CRYSTAL LAKES 8TH LOTS 100 & 101 LOT CONSOLIDATION/EASEMENT VACATION, FILE #12-S3144:   This is a request to amend the plat of Lots 100 & 101, Crystal Lakes 8th Filing, to consolidate the lots into one lot and vacate the 30-foot utility easement along the common lot line.  Both properties are located in the Crystal Lakes 8th Filing just west of Chimney Rock Drive.

 

The Crystal Lakes 8th Filing was recorded in 1973. Consolidating the lots will create one lot that is 3.25 acres in size. An easement vacation is also proposed for the existing 30-foot utility easement along the common lot line of these two lots.

No neighbors have voiced any objections to the easement vacation 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; Code Compliance Section; Addressing Section; Assessor’s Office.

The proposed Lot Consolidation of Lots 100 & 101 of the Crystal Lakes 8th Filing will not adversely affect any neighboring properties or any County agency. The consolidation will not result in any additional lots. It makes sense to vacate the easement that would go through the middle of the resulting lot if not vacated. Staff finds that, with the conditions as listed below, the request meets the requirements of the Larimer County Land Use Code.

The Development Services Team recommends Approval of the Lot Consolidation of Lots 100 & 101 of the Crystal Lakes 8th Filing and vacation of the 30’ utility easement located on the common lot line, File # 12-S3144, subject to the following condition(s):

1.   All conditions of approval shall be met and the final resolution recorded by July 22, 2013, or this approval shall be null and void.

 

2.   The vacation of the 30’ 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.   The resultant lot is subject to any and all covenants, deed restrictions, or other conditions that apply to the original lots.

 

3.         GREENFIELDS PLANNED LAND DEVELOPMENT/PLANNED DEVELOPMENT FINAL PLAT TIME EXTENSION, FILE #08-S2777:  This is a request to extend the final plat approval deadline from June 2011 to January 22, 2015.

On June 12 2009, the Board of County Commissioners approved the preliminary plat for the Greenfields Planned Land Division, and in June of 2010, the applicant submitted a final plat application for the development.

According to the Land Use Code, once a preliminary plat application is approved the applicant has one year to submit a final plat, of which the applicant completed. According to the code, upon receipt of a final plat application the applicant has one year to complete the review and record the development. Before the economy slumped, the one year time frame for final review was extended for those developments making progress towards completion of the application.

As of January 2013, the final plat is nearing completion, however due to the state of the economy the applicant has not completed the required conditions related to development and use of the property, therefore the final plat has not yet been approved.

The Development Services Team has reviewed the original Findings and Resolution and find that the standards for the neighborhood or the Land Use Code have not significantly changed since the preliminary plat approval for this subdivision. Additionally, the current state of the economy demonstrates that an extension is necessary for this project.

Should further extensions be applied for after the January 22, 2015, expiration date, the standards for future evaluations may be subject to change; however, these issues will be addressed only if that situation arises.

The Development Services Team recommends Approval of the two-year time extension of the final plat for Greenfields Planned Land Division, File #08-S2777 subject to the following condition(s):

1.   Approval of the final plat shall be no later than January 22, 2015.

 

2.   All conditions of approval for the Greenfields PD and PLD found in Finding and Resolution #2009-0043177 shall continue to apply.

 

4.         STREAMSIDE PLANNED LAND DIVISION FINAL PLAT TIME EXTENSION FILE #00-S1664:  This is a request to extend the final plat approval to January 22, 2015.

In June of 2002, the Board of County Commissioners approved the preliminary plat for the Streamside Planned Land Division. Later in 2002, the applicant submitted the final plat for review. As of January 2013, the final plat has not yet been approved due to the following factors:

1.   The downturn of the economy has slowed the development of the project.

 

2.   The required improvements to be constructed in Larimer County, including a bridge to be built over the floodplain, have not begun.

 

3.   The Cities of Timnath and Fort Collins are currently disputing the annexation of the development. As of 2013, Timnath and Larimer County have not established an Intergovernmental Agreement (IGA), therefore at the current time annexation into Timnath could not be done without an IGA.

The Development Services Team find that the standards for the neighborhood or the Land Use Code have not significantly changed since the preliminary plat approval and final plat submittal for this subdivision. Additionally, the current state of the economy and the issues described above demonstrate extension is necessary for the final plat of this project.

Should further extensions be applied for after the January 22, 2015, expiration date, the standards for future evaluations may be subject to change; however, these issues will be addressed only if that situation arises.

The Development Services Team recommends Approval of the two-year time extension of the final plat for Streamside Planned Land Division, File #00-S1664 subject to the following condition(s):

 

1.   Approval of the final plat shall be no later than January 22, 2015.

 

2.   All conditions of approval for the Streamside PLD found in Finding and Resolution #2002-084746 shall continue to apply.

 

 

M O T I O N

 

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

 

Motion carried 2-0.

 

1.         PSCO 2013 WEST MAIN GAS LINE REPLACEMENT 1041, FILE #12-Z1893:   This request is for approval to construct a new 16” diameter high-pressure natural gas transmission line to replace an existing 8” line.

The Board of County Commissioners tabled this request at the public hearing on this application held on December 3, 2012. At that hearing the Board of County Commissioners determined to table the request due the concerns raised by the owners of property at the NE corner of Wilson and 57th St., the Klen’s. No other aspect of the application, as recommended by the Larimer County Planning Commission or the Team, had issues or concerns articulated by either the public or the Board of County Commissioners.

The Applicant has been working with the Klen’s to negotiate an easement or solution to routing that is satisfactory to both parties. As of this report no conclusion has been reached. The parties do hope to have at least the frame work of a solution which would allow the Klen’s to remove their objections to the request, at the Board of County Commissioners hearing on January 22, 2013.

This application was presented to the Larimer County Planning Commission at their regular October meeting. Their recommendation for approval came after brief discussion and comments from two potentially affect land owners. The land owners had questions with respect to shutoffs installed on the line and a concern regarding ROW use and location. Comments from the Larimer County Planning Commission were about line depth, construction and design and coordination with other local governments and their departments.

The Development Services Team and Larimer County Planning Commission recommends to the Board of County Commissioners Approval of the PSCO 2013 West Main Gas Line Replacement 1041 Permit, File #12-Z1893, subject to the following condition(s):

1.   Any final plans shall be consistent with the approved preliminary plan and with the information contained in the PSCO 2013 West Main Gas Line Replacement 1041 permit File #12-Z1893, except as modified by the conditions of approval or agreement of the County and applicant. The applicant shall be subject to all other verbal or written representations and commitments of record for the PSCO 2013 West Main Gas Line Replacement 1041 permit File #12-Z1893.

 

2.   The applicants shall conduct a burrowing owl survey for those areas of the preferred route affecting prairie dog towns.

 

3.   The applicants shall coordinate all ditch crossings with the appropriate ditch companies and insure that all licenses and agreements are in place prior to construction.

 

4.   The applicant shall coordinate all bores of the county roads affected by the route and obtain all necessary permits and permissions.

 

5.   The applicant shall obtain all necessary and required State and Federal permits for the construction of the pipeline.

 

6.   The approval of this pipeline designates a corridor along the alignment and deviations to accommodate field issues will not affect the approval. Significant alterations to the route shall be evaluated by the county prior to commencing activity, and may be subject to further review.

 

7.   The applicant shall update Larimer County with respect to any property negotiations that would affect the open space route and/or mitigation of the pipeline.

 

Mr. Helmick noted that they applicants and land owners have worked together and are in agreement with the conditions as outlined above. 

 

There was no applicant presentation, or public comment on this item.

M O T I O N

Commissioner Donnelly moved that the Board of County Commissioners approve the PSCO 2013 West Main Gas Line Replacement 1041file # 12-Z1893, subject to the condition(s) as outlined above.

Motion carried 2-0.

5.         GLEN HAVEN FIRE DEPARTMENT FEE APPEALS, FILE #12-G0245:  This is a request for waiver of the fees associated with the permitting and construction of a new fire house; including Location and Extent, Variance, Site Plan Review, Development Construction Permit and Wild Fire Review fee.

The Glen Haven Fire Department is a volunteer department and not a tax district. They have submitted or will submit in the near future several applications for the review and approval of a new fire house to serve the Glen Haven area. The department has raised almost $300,000 to construct the new fire house. There remains some additional money to be raised to complete the project. As a quasi-public entity, the Department has to submit to all of the zoning and development process that are applicable in the Larimer County Land Use Code. These process and fees include:

* Location and Extent review $800.00-paid

* Setback Variance $500-paid

* Site Plan Review $1300

* Development Construction Permit $400

* Wildfire Review Fee $200

Additionally a building permit and those fees will be required. The Department is requesting the BCC reduce or waive these fees associated with the approval and construction of the new fire house.

The Development Service Team finds that although the department is a volunteer department funded entirely through contributions and not tax revenues there is no exceptional hardship and a no error has been made in the processing of the request(s).  Additionally, this facility results from growth and development and does not alter any development patterns in the area.

The Development Services Team recommends Denial of the Glen Haven Fire Department Fee Appeals File # 12-G0245.

Mr. Helmick briefly explained the fee appeal, as described above.

John McKinley spoke on behalf of the Glen Haven Volunteer Fire Department, noting that they are totally reliant upon donations to run their operations, as they get no support from the county in the form of tax dollars.  Mr. McKinley stated that they are staffed 100% with volunteers, there are no paid positions, yet they respond to 40 – 50 calls each year.  He requested that the Board approve their fee request to help them with the cost of building this new facility.

There was no public comment on this item.

The Board agreed that this was an important project to support for Glen Haven and the surrounding communities.

M O T I O N

Commissioner Donnelly moved that the Board of County Commissioners approve a fee waiver for the Site Plan Review, Development  Construction Permit, Wildfire Review, and Capital Expansion fees (if applicable), pertaining to the Glen Haven Fire Department, File # 12-G0245.

Motion carried 2-0.

 

The hearing adjourned at 3:30 p.m.

 

 

 

 

__________________________________________

   STEVE JOHSNON, CHAIR

BOARD OF COMMISSIONERS

 

SCOTT DOYLE

CLERK AND RECORDER

 

ATTEST:

 

 

______________________________________

Gael M. Cookman, Deputy Clerk