MINUTES OF THE BOARD OF COUNTY COMMISSIONERS
LAND USE HEARING
The Board of County Commissioners met at 3:00 p.m. with Matt Lafferty, Principal Planner. Chair Johnson presided and Commissioners Donnelly and Gaiter were present. Also present were: Rob Helmick, Planning Department; Eric Tracy, Engineering Department; Doug Ryan, Environmental Engineering Department; Jeannine Haag, Assistant County Attorney; and Gael Cookman, Deputy Clerk.
Chair Johnson opened the hearing with the Pledge of Allegiance, and then explained that the following item was on the consent agenda and would not be discussed unless requested by the Board, staff, or members of the audience:
1. PAGE MINOR LAND DIVISION, FILE #12-S3148: This is a request for a Minor Land Division to divide 35-acres into two lots of 17.5-acres to allow Boulder County to acquire the southern 17.5-acres, which contains an existing wood sort yard.
The applicants propose to divide their 35-acre property into two parcels. There is currently a home on the property the applicant proposes to create a lot of 17.5-acres for their home and a lot of 17.5-acres to sell to Boulder County. This second lot would not be considered a residential building lot but can be used by Boulder County for the woody material sort yard they have operated with Larimer County for the past several years. At the January Larimer County Planning Commission meeting, approval was granted to operate the yard as a permanent facility. The Pages would continue to own and live on the northern lot of 17.5-acres.
This request by the landowner does not create any additional impacts on the area. It recognizes existing uses and allows the operator of the sort yard, Boulder County, to own the site rather than leasing the site. No referrals have identified significant issues. The Colorado Department of Transportation initially requested additional right-of-way but rescinded the request during further review. Code Compliance notes an outstanding permit on the Pages property, which should be finalized, due to its age.
The Development Services Team has reviewed this Minor Land Division and finds that:
· The proposed divisions are not a part of any prior approval of a land division or exemption,
· The lot sizes meet the required minimum lot areas, and;
· There are benefits to the surrounding areas and the public as a result of this division.
The Development Services Team recommends approval of the Page Minor Land Division, file #12-S3148 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. All conditions of approval shall be met and the Final Plat recorded by August 5, 2013, or this approval shall be null and void.
2. Prior to the recordation of the Final Plat, the application shall make the technical corrections required by Dale Greer, Land Surveyor of the Larimer County Engineering Department.
M O T I O N
Commissioner Gaiter moved that the Board of County Commissioners approve the Page Minor Land Division File # 12-S3148 subject to the conditions, as outlined above and authorization for the chair to sign the plat when the conditions are met and the plat is presented for signature.
Motion carried 3-0.
The meeting recessed at 3:05 p.m.
PUBLIC HEARING TO DISCUSS ROBERTS RANCH
The Board of County Commissioners reconvened at 6:30 p.m. with Gary Buffington, Natural Resources Director. Chair Johnson presided and Commissioners Donnelly and Gaiter were present. Also present were: Kerri Rollins, Natural Resources Department, Marc Engemoen, Public Works Department, William Ressue, County Attorney’s Office; and Dana Bouchard, Deputy Clerk.
Chair Johnson opened the hearing with the Pledge of Allegiance and briefly described Larimer County’s Open Lands program and the purpose of the hearing, whether or not the Commissioners should accept Roberts Ranch as an open space, should it become available.
Ms. Rollins explained that Roberts Ranch was gifted to Larimer County by Catherine Roberts in December 2012 and noted that although Ms. Roberts' rescinded her offer on January 22, 2013, the Board elected to continue with the acquisition process in order to prevent delaying acceptance if the ranch is re-gifted in the future. Ms. Rollins detailed the specific factors that must be weighed by the Board, outlined below, reviewed the details of the ranch, and how the acquisition of the property would affect Larimer County and the Open Lands program.
• Does the land conserve natural, cultural or historic resources, prime agricultural or scenic lands; or preserve unique wildlife habitat or plant communities that are special to the citizens of Larimer County?
• Is there potential for public benefit via education or limited passive recreation?
• What are the projected management costs and are they acceptable and reasonable and within parameters of HPOS tax?
• What is the recommendation of the Open Lands Advisory Board?
Some discussion ensued between the Commissioners and staff regarding the cost to manage the property and the recommendation of the Open Lands Advisory Board. Staff expressed the positive impact acquiring the Roberts Ranch would have on the goals of the Open Lands Program and for the community.
Chair Johnson opened the hearing to public comment and John Clarke, D.L. Roberts, Ben Roberts, George Reed, Tom Buchanan, Steve Campbell, Ed Haynes, Alan Carlson, Denise Morrison, John Maulsby, Astrid, Wayne Sundberg, Barin Wachsmann, Tom Niichel, Rosemary Niichel, and Burke Roberts all spoke against the acquisition of the Roberts Ranch by the county.
Maxine Weaver, a neighbor to Roberts Ranch, expressed her concern of flash flooding washing dumped tires from the Roberts Ranch onto her property.
Jon Giordanengo explained that he supports Larimer County’s Open Lands Program but as a proponent of private lands he respects Catherine Roberts’ decision.
Eric Sutherland shared his feeling that the ratio of money spent to manage the Roberts Ranch, should the land be offered to the county, would be greater than the benefit to the public. He felt that the county could play a role in finding the optimal solution for this land.
Kathy Hartman spoke in support of the acquisition by the county, should the land be gifted on the grounds that it would be a huge benefit to future generations.
Chair Johnson closed public comment and the Commissioners clarified questions with staff regarding the county sales tax, security, flooding, and ranching operations.
The Commissioners individually expressed their support of staff’s recommendation to accept the Roberts Ranch gift, should it be offered to the county based on the factors that were being considered. The Commissioners thanked all for their public comment and reiterated that the decision of the land ownership lies with Catherine Roberts.
M O T I O N
Commissioner Gaiter moved that the Board of County Commissioners accept the recommendation of the Open Lands Advisory Board regarding Robert's Ranch.
Motions carried 3-0.
There being no further business, the Board adjourned at 8:55 p.m.
TUESDAY, FEBRUARY 5, 2013
ADMINISTRATIVE MATTERS MEETING
The Board of County Commissioners met at 9:00 a.m. with Linda Hoffmann, County Manager. Chair Johnson presided and Commissioners Donnelly and Gaiter were present. Also present were: Donna Hart and Deni LaRue, Commissioners' Office; Eric Tracy, Engineering Department; Matt Lafferty, Planning Department; and Melissa Lohry, Deputy Clerk.
Chair Johnson opened the meeting with the Pledge of Allegiance.
1. PUBLIC COMMENT: Mel Hilgenberg updated the Board on happenings within the community and encouraged increased support for affordable, local energy sources.
Randy Pope addressed the Board with a possible schedule of events at his event center, as provided in the Findings and Resolution. Mr. Pope argued that the number of events allowed by the event center approval is not sufficient.
2. APPROVAL OF THE MINUTES FOR THE WEEK OF JANUARY 28, 2013:
M O T I O N
Commissioner Donnelly moved that the Board of County Commissioners approve the minutes for the week of January 28, 2013.
Motion carried 3-0.
3. REVIEW OF THE SCHEDULE FOR THE WEEK OF FEBRUARY 11, 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 published below:
02052013A001 SECOND AMENDMENT TO CLAIMS SERVICE AGREEMENT – WORKERS COMPENSATION – BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND TRISTAR BANK
02052013A002 DEPARTMENT OF PUBLIC WORKS CONTRACT – PROJECT NO. 311 – BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND MOUNTAIN CONSTRUCTORS, INC.
02052013A003 AMENDMENT VI TO THE AGREEMENT FOR MEDICAL SERVICES AT THE LARIMER COUNTY DETENTION CENTER BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND CORRECTIONAL HEALTHCARE COMPANIES, INC
02052013D001 DEED OF DEDICATION – PATRICIAL L SALAS
02052013D002 DEED OF DEDICATION – CHARLES JAMES SWENSON AND ELIZABETH HULLSICK SWENSON
02052013R001 RESOLUTION RELEASING LOT SALE PROHIBITION, ON LOT 3 OF THE DEMMEL LAKE ESTATES RLUP 11-S3055.
MISCELLANEOUS: Annual Certification of County Maintained Road Mileage to Colorado Department of Transportation; Salary Freeze for Sheriff's Office Employee.
Motion carried 3-0.
5. COUNTY MANAGER WORKSESSION: Ms. Hoffmann requested approval of the Findings and Resolution for the Coal Creek and Little Thompson Flood Mitigation Map Revisions, approved by the Board on January, 14, 2013. Ms. Hoffmann explained that, due to time restrictions imposed by other authorities, the Findings and Resolution must be approved and sent to FEMA within the week.
M O T I O N
Commissioner Donnelly moved that the Board of County Commissioners approve the Findings and Resolution for the amendments to the Larimer County Floodplain Overlay Zone District Boundaries for Coal Creek and Little Thompson.
Motion carried 3-0.
02052013R002 FINDINGS AND RESOLUTION APPROVING THE LITTLE THOMPSON AND COAL CREEK FEDERAL EMERGENCY MANAGEMENT AGENCY(FEMA) DFIRM AND LOMR MAP REVISIONS, AND COUNTY FLOODPLAIN OVERLAY ZONE BOUNDARY AMENDMENT
Ms. Hoffmann explained that the county is working diligently with the City of Fort Collins and the City of Loveland regarding their recent URA/TIFF requests. Ms. Hoffmann stated that it is her goal to gain the cities' understanding of the economic strain placed upon the county by such requests. She is hopeful that with this understanding, the cities' will gain a willingness to assume some additional financial responsibility.
6. COMMISSIONER ACTIVITY REPORT: The Board detailed their attendance at events during the past week.
7. LEGAL MATTERS: There were no legal matters to discuss at this time.
There being no further business, the Board adjourned at 9:45 a.m.
STEVE JOHSNON, CHAIR
BOARD OF COMMISSIONERS
CLERK AND RECORDER
Melissa E. Lohry, Deputy Clerk
Dana S. Bouchard, Deputy Clerk
Gael M. Cookman, Deputy Clerk