> Meetings & Minutes > 2004 Minutes > BCC Minutes for 11/08/04  

MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

 

Monday, NOVEMBER 8, 2004

 

LAND USE HEARING

(#132)

 

The Board of County Commissioners met at 3:00 p.m. with Rob Helmick, Principle Planner; Chair Rennels presided and Commissioner Gibson was present.  Also present were: Porter Ingram, and Matt Lafferty, Planning Department; Traci Downs, and Ed Woodward, Engineering Department; Jeannine Haag, Assistant County Attorney; and Gael Cookman, Deputy Clerk.

 

Chair Rennels opened the meeting with the Pledge of Allegiance and asked for public comment on the Larimer County Land Use Code and the County Budget.  No one from the audience addressed the Board regarding these topics.

 

Chair Rennels noted that the first two items on the agenda, the Harvey Zoning Violation and the Carnes Zoning Violation, are being removed per staff's request; she then stated that the remaining items are consent items and would not be discussed unless requested by the Board, staff or members of the audience.  Kelly Bonser, concerned citizen, addressed the Board indicating her desire to comment on item #3, the Coulson-Kauffman Flood Plain Special Review. 

 

M O T I O N

 

Commissioner Gibson moved that the Board of County Commissioners remove item #3, the Coulson-Kauffman Flood Plain Special Review, from the consent agenda.

 

Motion carried 2-0.

 

The following items remained on the consent agenda:

 

4.  TERRY SHORES 1ST FILING LOTS 44 & 45 AMENDED PLAT AND EASEMENT VACATION; #04-S2352:   The request is for an Amended Plat for Terry Shores 1st filing Lots 44 and 45 to adjust the common boundary line and vacate the 20-foot utility and drainage easement located along the common lot line.   The proposed plat amendment of lots 44 & 45 Terry Shores 1st filing to adjust the common boundary line and vacate the 20-foot utility and drainage easement located along the common lot line will not adversely affect any neighboring properties or any County agency.  The Amended Plat 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 Service Team recommendation is for approval of File #04-S2352, the Amended Plat of lots 44 & 45 Terry Shores 1st filing to be known as lots 1 and 2 of the Amended Plat of lots 44 & 45 Terry Shores 1st filing and the vacation of the 20-foot utility easements located along the common lot lines subject to the following conditions and authorization for the chairman to sign the plat when the conditions are met and the plat is presented for signature: 1.  All conditions shall be met and the Final Plat be recorded by May 8, 2005 or this approval shall be null and void.  2. Technical corrections requested by Larimer County Engineering shall be made prior to recordation of the plat.

 

5.  COLLAND CENTER 3rd FILING LOTS 14 & 15 LOT CONSOLIDATION; #04-S2351:  This is a request to consolidate Lots 14 and 15 of the Colland Center 3rd Filing into one lot.  The Hospice of Larimer County currently owns lots 14 and 15 of the Colland Center 3rd Filing, and their current facilities are located on Lot 15.  Recently the Larimer County Hospice submitted a site plan application to expand the current facilities into the adjacent Lot 14, which expansion would be across an existing property line which is not permitted by the Land use Code or Building Codes.  As a result, the applicant has submitted this application to consolidate Lots 14 and 15 of the Colland Center 3rd Filing so that the expansion of the Hospice facilities can move forward.  The site for the proposed application is at the south eastern side of County Road 32 and Colland Drive, which is approximately 1.4 mile east of Highway 287 south of Fort Collins.  This application has beer referred to the required departments and agencies for which no issues of concern have been raised.   The Development Service Team recommendation is for approval of the Lot Consolidation for Colland Center 3rd Filing Lots 14 and 15 (File #04-S2351) to be known as Lot 14 of the Lot Consolidation of Lots 14 and 15 of the Colland Center 3rd Filing, subject to the following conditions:  1. All conditions of approval shall be met and the final resolution of the County Commissioners recorded by May 1, 2005 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 consolidation of the lots shall be finalized at such time when the final resolution of the County Commissioners is recorded.

 

M O T I O N

 

Commissioner Gibson moved that the Board of County Commissioners approve item #4 and item #5 on the consent agenda as outlined above.

 

Motion carried 2-0.

 

3.  COULSON-KAUFFMAN FLOOD PLAIN SPECIAL REVIEW:   This is a request to approve the FPSR based on the Flood Review Board’s recommendation of approval with two conditions.  The land adjacent to the two proposed gravel pits is owned by the two applicants, so any impacts to the flood plain would occur to their own properties.  The Land Use Code requires that the proposed gravel pits receive a recommendation from the Flood Review Board for final approval from the Board of County Commissioners through a Flood Plain Special Review.            The Flood Review Board met on Wednesday, August 25, 2004 and reviewed the hydraulic modeling report for the gravel pits and a low water crossing for pit operations.  The Board found the modeling report needed minor revisions and voted for a favorable recommendation to approve the FPSR, with two conditions.  (1) That a revised report be submitted within 30 days of the above date, to County Engineering staff for review and approval, and (2) that the low water crossing be removed within six (6) years from the start of mining operations and restore the area to pre-mining conditions.  The revised report was submitted on September 24, 2004, meeting the deadline date.  It was reviewed and approved by staff, satisfying the first condition

 

Staff findings are that all review criteria in Section 4.2.2.G.2 of the Land Use Code have been met.   Staff recommendation is for approval of the FPSR for the two gravel pits and the low water crossing with one condition, that the low water crossing be removed within six (6) years from the start of mining operations and restore the area to pre-mining conditions and in the event the low water crossing fails during the six (6) year period, the applicant must remove any eroded or failed materials (e.g., rip rap, embankment fill, culvert pipes) from the downstream channel as soon as possible and restore the design configuration of the low water crossing.

 

Chair Rennels opened up the hearing for public comment and Ms. Bonser, adjoining neighbor, stated her concerns relating to the flood plain issues and how the proposed operation will affect the environment.  Mr. Woodward stated that the technical issues have reviewed by the Flood Plain Review Board and the conditions above were put in place as a result of their initial review.  Mr. Helmick noted that this application will come before the Planning Commission and the Board of County Commissioners at a later date and their will be the opportunity for public comment again at that time.  Chair Rennels recommended that Ms. Bonser discuss any concerns or comments that she might have with Mr. Woodward as this is the first step in the process and there will be opportunities to address issues pertaining to this application as it progresses. 

 

M O T I O N

 

Commissioner Gibson moved that the Board of County Commissioners approve the Coulson-Kauffman Flood Plain Special Review for the two gravel pits and the low water crossing with one condition, that the low water crossing be removed within six (6) years from the start of mining operations and restore the area to pre-mining conditions and in the event the low water crossing fails during the six (6) year period, the applicant must remove any eroded or failed materials (e.g., rip rap, embankment fill, culvert pipes) from the downstream channel as soon as possible and restore the design configuration of the low water crossing.

 

Motion carried 2-0.

 

There being no further business, the meeting adjourned at 3:10 p.m.

 

TUESDAY, NOVEMBER 9, 2004

 

ADMINISTRATIVE MATTERS

(#133)

 

The Board of County Commissioners met at 9:00 a.m. with Assistant County Manager Neil Gluckman. Chair Rennels presided and Commissioner Gibson was present.  Also present were Donna Hart and Deni LaRue, Commissioner’s Office; Rex Burns, Jerry White, and Mark Peterson, Engineering Department; Marc Engemoen, Public Works Director; Carol Block, Finance Director; Gary Buffington and K-Lynn Cameron, Parks and Open Lands; Lt. Pat McCosh, Sheriff's Department; Tom Garton, Building Department; David Ayraud, Assistant County Attorney; and Gael Cookman, Deputy Clerk.

 

1.  PUBLIC COMMENT:  Randy Whitman noted that he still has concerns with his petition for rezoning and asked the Board as to why the letters and e-mails of support for his application were not included in the planning agendas or packets, and why they were not brought up in the hearings.  The Board stated that they did read the letters and they were included in previous packets and that the letters of support did help Mr. Whitman in receiving final approval for the Planned Development (PD) zoning.  Discussion ensued regarding the outdoor storage and the Board explained that the outdoor storage was a violation and it will not be allowed even under the rezoning to PD; however, Mr. Whitman has the ability to address this issue with the City of Fort Collins after annexation.

 

Mr. Robert Irving, council for Robert Vaughn, addressed the Board regarding the Mariana Park subdivision, noting that the subdivision was developed in 1963 and that drainage system in this subdivision has not been maintained; he requested assistance from the County Engineering Department in order to determine corrective measures for the drainage problems.  Some discussion ensued with Chair Rennels suggesting the possibility of creating a Public Improvement District for this subdivision.  Mr. Irving will work with Mr. Burns with regards to this issue.

 

2.  APPROVAL OF THE MINUTES FOR THE WEEK OF NOVEMBER 1, 2004:

 

M O T I O N

 

Commissioner Gibson moved that the Board of County Commissioners approve the minutes for the week of November 1, 2004, as presented.

 

Motion carried 2 – 0.

 

3.  REVIEW OF THE SCHEDULE FOR THE WEEK OF NOVEMBER 15, 2004:  Ms. Hart reviewed the upcoming schedule with the Board.

 

4.  CONSENT AGENDA: 

 

M O T I O N

 

Commissioner Gibson moved that the Board of County Commissioners approve the following items as presented on the Consent Agenda for November 9, 2004:

 

PETITIONS FOR ABATEMENT:  As recommended by the County Assessor, the following petitions for abatement are approved:   Rocky Mountain Investments; Rocky Mountain Plaza Self Storage, LLC; Gutierrez (four parcels); Creekside North Properties, LLC; Campbell Development, Inc.; Marhling; LTC Properties, Inc. (two parcels).

 

11092004A001           LANDSCAPING AND SNOW AND ICE REMOVAL SERVICES AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND COCAL LANDSCAPE SERVICES, INC.

 

11092004A002           MOTOR FUEL SUPPLIER AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND TEAM PETROLEUM, LLC.

 

11092004R001           RESOLUTION APPROVING ALTERNATIVE USE OF OFF-SITE ROAD IMPROVEMENT FEES

 

11092004R002           FINDINGS AND RESOLUTION APPROVING THE KRAFT MINOR LAND DIVISION

 

11092004R003           FINDINGS AND RESOLUTION APPROVING THE LEGACY HEIGHTS CONSERVATION DEVELOPMENT GENERAL DEVELOPMENT PLAN

 

11092004R004           FINDINGS AND RESOLUTION APPROVING THE YOUNG'S LIQUOR APPEAL

 

11092004R005           FINDINGS AND RESOLUTION APPROVING THE PANEPINTO APPEAL

 

11092004R006           RESOLUTION OF RECOGNITION FOR EXEMPLARY CUSTOMER SERVICE FOR THE TREASURER'S OFFICE

 

MISCELLANEOUS:  Colorado Waste Tire Grant Application.

 

LIQUOR LICENSES:  The following licenses were both approved and issued:  Young's Liquor - 6% Retail Liquor Store - Fort Collins; The Rock Dance Club - Transfer of Ownership/Temporary Permit - Fort Collins.

 

Motion carried 2 – 0.

 

5.  CONSIDERATION OF TAX EXEMPT DEBT FOR TWO NON-PROFIT ENTITIES:  Ms. Block introduced a number of individuals representing Wells Fargo Bank, Rivendell School, and the National Association for Interpretation.  Ms. Block explained that under state statute, the County may issue debt on behalf of non-profit entities which enables these entities to borrow funds at lower tax exempt interest rates; she stated that two non-profit entities, Rivendell School and the National Association for Interpretation (NAI) have requested county-issued debt in the amount of $1.4 million and $730,000 respectively.  Ms. Block noted that the non-profit applications must meet three requirements to be considered for debt issued in the county's name: 1) They must support an existing County service or fulfill a compelling community need; 2) The project shall be located in the unincorporated area of the County or provide services to such areas; and 3) All of the general provisions, fees and application requirements for private activity bonds also apply to non-profit debt.  Ms. Block stated that although the entities are located within city limits, they do provide services to the unincorporated areas; she stated that the City of Fort Collins would normally be supporting these requests; however, they have met their limit of debt issuance and are not qualified to support additional projects at this time.  Commissioner Gibson questioned the fact that although the County cannot be held responsible for repayment of debt, it may be subject to legal costs, fines, and loss of reputation.  Ms. Block stated that yes, there is a slight risk that the County could get caught up in legal actions; however, the Finance Department had their fiscal advisor look at both of these projects and how the debt is structured and felt confident in supporting the request.  Chair Rennels indicated her support for the request and stated that this is a positive way in which government can assist local non-profit organizations.

 

M O T I O N

 

Commissioner Gibson moved that the Board of County Commissioners approve the issuance of tax exempt debt on behalf of Rivendell School and the National Association for Interpretation, contingent upon the preparation of debt documents which are acceptable to the County, and the payment of all applicable County fees.

 

Motion carried 2 – 0.

 

6.  APPROVAL OF EXPENDITURE OF $50,000 OF OPEN SPACE SALES TAX DOLLARS TO PURCHASE THE PANTANO CONSERVATION AND TRAIL EASEMENT:  Ms. Cameron requested Board approval to expend $50,000 of open space tax dollars to purchase the Pantano Conservation and Trail Easement; she noted that it was a very small but very importance piece of property as it provides for a better connection between the Devil's Backbone open space and the Indian Creek open space property.  Ms. Cameron stated that by purchasing a conservation and trail easement on 9.73 acres, with a .56 acre trail easement, it will allow the trail to be located off of the easternmost fence line of Indian Creek Lot 19, and it will be more aesthetically placed and will be better hidden from neighboring private property.  Commissioner Gibson asked if this would be the last purchase in this area.  Mr. White stated that yes; the addition will complete this area of open space and will alleviate the "pinch point" by widening the trail at this location.

 

M O T I O N

 

Commissioner Gibson moved that the Board of County Commissioners approve the expenditure of $50,000 of Help Preserve Open Space Sales Tax Dollars to purchase the 9.73 acre conservation and trail easement on Lot 19 of Indian Creek and authorize the Chair to sign the appropriate purchase documents.

 

Motion carried 2-0.

 

11092994R007           RESOLUTION FOR ACQUISITION OF THE CONSERVATION EASEMENT AND TRAIL EASEMENT ON PARCEL 19, INDIAN CREEK RANCH PROPERTY, ALSO KNOWN AS THE PANTANO PROPERTY

 

7.  FIELD OF DREAMS - HORSETOOTH RESERVOIR - VISITOR FEE PARKING:  Mr. Buffington stated that on June 17, 2004 a license for Ball Field Operation near Inlet Bay at Horsetooth Reservoir expired after 10 years.  The parks program began maintaining the area again at that time.  Mr. Buffington stated that The Horsetooth Field of Dreams Association, a Colorado non-profit corporation, met with department staff a year prior to the expiration and stated that they had no interest in renewing the license.  Mr. Buffington stated that the Parks Department wishes to continue with the public access to the "Field of Dreams", but would like to charge parking fees for vehicles utilizing this area; however, visitors wishing to walk-in to this area could do so at no charge.   Mr. Buffington stated charging fees would help the Parks Department to maintain the area in its current condition.   Commissioner Gibson asked if the fees would subsidize the program or pay for the program.  Mr. Buffington stated that the fees would subsidize the program but would not pay for it completely.  Some discussion ensued as to how the public could assist maintenance of the property and Mr. Buffington stated that maybe they could also use their volunteer groups to have cleanup days for the area.

 

M O T I O N

 

Commissioner Gibson moved that the Board of County Commissioners approve the continued public use of the area formally known as the "Field of Dreams" near Inlet Bay at Horsetooth Reservoir and vehicles that park at this area will be required to purchase a park pass to offset the maintenance of the area by the County.  Walk-in visitors will not be required to purchase a park pass.

 

Motion carried 2-0.

 

8.  2005 PARK FEE INCREASES:  Mr. Buffington presented the Board with a handout for the proposed 2005 park fees; he noted that there are three areas in which an increase in fees will be proposed:  1) Daily Boat Permits will increase from $6.00 to $7.00 per day.  2)  Camping (non-electrical) will increase from $10.00 to $12.00 per day.  3) Camping (with electrical) will increase from $15.00 to $17.00 per day.   Mr. Buffington stated that the increases will help them towards attaining their self-sufficiency goals, and that the projected increase in revenues will be approximately $17,000 for the camping increases, and approximately $18,000 to $20,000 increase for the daily boat use increase.  Finally, Mr. Buffington stated that the proposed fee increases are scheduled for a public hearing to be held on November 16, 2004.

 

9.  APPOINTMENTS TO THE LARIMER EMERGENCY TELEPHONE AUTHORITY (LETA) AND THE LARIMER COUNTY RETIREMENT BOARD:   The following individuals are recommended for re-appointments to the LETA and the Larimer County Retirement Board:   Nancy Baker, reappointment to the Retirement Board for a 4 year term beginning January 1, 2005 and expiring December 31, 2008; Randy Lesher, William Nelson, Lowell Richardson, and Joanne Sizemore, reappointments to the Larimer Emergency Telephone Authority for 2 year terms beginning January 1, 2005 and expiring December 31, 2006.

 

M O T I O N

 

Commissioner Gibson moved that the Board of County Commissioners approve the appointments to the Larimer Emergency Telephone Authority and the Larimer County Retirement Board as presented above.

 

Motion carried 2-0.

 

10.  APPROVAL OF A NEW BUILDING PERMIT FEE SCHEDULE:  Mr. Garton requested Board approval for adoption of the building fee schedule with the addition of a new fee concerning document imaging.  He stated that Colorado Archive Laws require the Building Department to retain commercial plans and the County has been imaging the plans in order to meet that requirement. However, with county budget cuts affecting the in-house imaging department, they will be asking their applicants to submit their commercial plans on digital disc.  Mr. Garton noted that if the applicants submit their plans on digital disc, then there will be no fee required.  If they do not submit them on disc, then there will be additional fees charged to the applicant, the amount depending upon the number of pages.  Chair Rennels noted that this really is an incentive for the applicant to present the project disc, and Mr. Garton agreed.  Commissioner Gibson noted that disc shelf life is limited and asked if Mr. Garton had a plan to back them up to a different type of media, or how they would keep up with changing technology.  Mr. Garton stated that he would discuss this with the Information Management Department in order to define the criteria for adequate backup and storage devices.

 

M O T I O N

 

Commissioner Gibson moved that the Board of County Commissioners approve the Building Permit Fee Schedule submitted to go into effect November 17, 2004 with the adoption of the 2003 International Codes.

 

Motion carried 2-0.

 

11.   WORKSESSION:   None

 

12: COMMISSIONER REPORTS:  The Board noted their attendance at events during the past week.

 

13.  APPROVAL OF RESOLUTION ON IMPLEMENTATION OF A BOOKING FEE AT THE LARIMER COUNTY DETENTION CENTER:  Lieutenant McCosh noted that on July 27, 2004 the Board approved an increase in the detention center booking and release fee.  At the time of approval, Chair Rennels stated that fees are not to be collected until the procedures have been established and a copy sent to the Board.  Lt. McCosh stated that the procedures are now in place and the Sheriff's Department would like to implement the new fee.  Commissioner Gibson asked if an individual was arrested and found to be innocent, would their booking fee be refunded.   Lt. McCosh replied in the affirmative, and that the individual would just need to submit a request utilizing a form they have established for this purpose, and they would verify that either the charges were dismissed or the individual was found innocent, and then they would issue the refund of the $30.00.

 

M O T I O N

 

Commissioner Gibson moved that the Board of County Commissioners approve the Resolution regarding implementation of a booking fee at the Larimer County Detention Center.

 

Motion carried 2-0.

 

14.  LEGAL MATTERS:  (Tape #135)

 

M O T I O N

 

Commissioner Gibson moved that the Board of County Commissioners go into Executive Session for negotiations as outlined in 24-6-402-(4)(e) C.R.S.

 

Motion carried 2-0.

 

The Executive Session ended at 11:30 a.m., with no further action taken.

 

 

 

 

___________________________________

KATHAY RENNELS, CHAIR

BOARD OF COMMISSIONERS

 

 

SCOTT DOYLE

CLERK AND RECORDER

 

 

(S E A L)

 

 

A T T E S T

 

___________________________________

Gael M. Cookman, Deputy County Clerk