MINUTES OF THE BOARD OF COUNTY COMMISSIONERS
Monday, December 20, 2004
The Board of County Commissioners met at 10:30 a.m. with Frank Lancaster, County Manager. Chair Rennels presided and Commissioners Gibson and Bender were present.
M O T I O N
Commissioner Bender moved that the Board of County Commissioners go into Executive Session to discuss Personnel Matters as outlined in 24-6-402-(4)(f) C.R.S.
Motion carried 3-0.
The Executive Session ended at 11:35 a.m., with no action taken.
LAND USE HEARING
The Board of County Commissioners reconvened at 3:00 p.m. with Rob Helmick, Principal Planner; Chair Rennels presided, and Commissioners Bender and Gibson were present. Also present were: Mark Peterson, Traci Downs, and Roxann Hayes, Engineering Department; Doug Ryan, Health Department; Russ Legg, Porter Ingrum, David Karan, and Michelle Yeager, Planning Department; Dave Shirk, Estes Park Planner; Jeannine Haag, Assistant County Attorney; and Gael Cookman, Deputy Clerk.
Chair Rennels called the meeting to order and asked the audience to rise for the Pledge of Allegiance; she then 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 item on the agenda regarding the Sweet Minor Subdivision Amended Plat Lots 2 & 3 and a Portion of Lots 11 and 12, 2930 Little Valley Road, is being tabled to February 21, 2005.
M O T I O N
Commissioner Gibson moved that the Board of County Commissioners table the Sweet Minor Subdivision Amended Plat Lots 2 & 3 and a Portion of Lots 11 and 12, 2930 Little Valley Road to February 21, 2005, at 3:00 p.m.
Motion carried 3-0.
2. STANLEY HEIGHTS AMENDED PLAT: This is a request to combine two lots into a single lot. The existing septic system is on one lot, and the house is on the other. No additional development is proposed at this time. Consolidating the lots will prevent a second home from being built. Any future subdivision of this property will require full compliance with the subdivision and zoning requirements (zoned for minimum lot size of 2.5 acres). On Tuesday, November 16, 2004 the Estes Valley Planning Commission found: 1. Pursuant to C.R.S.30-28-110, sub-section 4(a), “no plat for subdivided land shall be approved by the Board of County Commissioners unless at the time of the approval of platting the subdivider provides the certification of the county treasurer’s office that all ad valorem taxes applicable to such subdivided land, for years prior to that year in which approval is granted, have been paid.” 2. This is a request by Harry and Frances Schroeder to combine two lots of record into a single lot of record. 3. The site is located at 971 East Lane, within unincorporated Larimer County. 4. This proposal complies with applicable sections of the EVDC. 5. This request has been submitted to all applicable reviewing agency staff for consideration and comment. No significant issues or concerns were expressed by reviewing staff relative to code compliance or the provision of public services. 6. Within thirty (30) days of the Board’s approval of the amended plat, the developer shall submit the final plat for recording. If the amended plat is not submitted for recording within this thirty-day time period, the approval shall automatically lapse and be null and void. Staff recommendation is for approval of the Stanley Heights Amended Plat subject to the following conditions as recommended by the Planning Commission: 1. The lot size of proposed Lot 41A shall be included.
3. RAMBLING RIVER PRELIMINARY CONDOMINIUM MAP: This is a request to condominiumize a previously approved eleven unit development plan. The Estes Valley Planning Commission approved the Rambling River Development Plan (DP 04-03) on April 20, 2004. That approval provided for eleven units. These are currently under construction, and the applicant is now proposing the condominium map to allow for individual sale. The condominium map is consistent with the approved development plan. On Tuesday, September 21, 2004 the Estes Valley Planning Commission found: 1. Pursuant to C.R.S.30-28-110, sub-section 4(a), “no plat for subdivided land shall be approved by the Board of County Commissioners unless at the time of the approval of platting the subdivider provides the certification of the county treasurer’s office that all ad valorem taxes applicable to such subdivided land, for years prior to that year in which approval is granted, have been paid.” 2. This is a request by Dallman Construction to condominiumize the previously approved Development Plan 04-03 for Rambling River Condominiums. 3. The site is located at 1985 Highway 66, within unincorporated Larimer County. 4. This proposal complies with applicable sections of the Estes Valley Development Code, as well as the approved development plan. 5. This request has been submitted to all applicable reviewing agency staff for consideration and comment. Larimer County Engineering requested the applicant acquire an amended floodplain map from FEMA. The Planning Commission voted unanimously to recommend approval of the proposed Rambling River Preliminary Condominium Map conditional to: 1. Compliance with Development Plan 04-03 “Rambling River”. 2. A LOMA (Letter of Map Amendment) or LOMR-F (Letter of Map Revision based on Fill), whichever is applicable, shall be completed prior to final condominium map approval. 3. Parcels shall be included in the Northern Colorado Conservancy District. 4. Any new water service line or existing service line replacement shall require a Service Line Permit from the Building Department”.
Staff recommends approval of the requested Rambling River Preliminary Condominium Map subject to the conditions recommended by the Planning Commission and outlined above.
4. HIAWATHA HEIGHTS SUBDIVISION LOTS 29A, 29B, 30A, 30B, 30C, 30D, AND A PORTION OF LOT 31, BLOCK 19A AMENDED PLAT; 04-S2300: This is a request to amend the plat of Lots 29A, 29B, 30A, 30B, 30C, 30D, and a portion of Lot 31 Block 19A, Hiawatha Heights Subdivision, combining a total of 7 lots, into one lot. On July 12, 2004 the Lots 30A, 30B, 30C, 30D and a portion of 31 Block 19, Hiawatha Heights Subdivision Amended Plat was reviewed and approved by this board. Unfortunately, the existing property size and shape of these lots is still not sufficient to meet the requirements of distance and setbacks for a well, leach field and septic tank. Therefore, the owner has purchased lots 29A and 29B Block 19 and requests to combine all of these lots together to accommodate the well, leach field and septic tank. 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: The Larimer County Department of Health and Environment; The Land Surveyor of the Larimer County Engineering Department; The Larimer County Engineering Department Development Review Team. The proposed plat amendment of Lots 29A, 29B, 30A, 30B, 30C, 30D, and a portion of Lot 31 Block 19A of the Hiawatha Heights Subdivision to create one lot 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 Services Team Recommendation is for approval of File #04-S2300, the Amended Plat of Lots 29A, 29B, 30A, 30B, 30C, 30D and a portion of Lot 31 Block 19A, Hiawatha Heights Subdivision, 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. The Final Plat shall be recorded by June 20, 2005 or this approval shall be null and void. 2. Technical corrections requested by the Larimer County Engineering shall be made prior to recordation of the plat.
5. CRYSTAL LAKES 9TH FILING LOTS 71, 72, AND 73 LOT CONSOLIDATION; 04-S2367: This is a request to combine 3 contiguous lots in the 9th filing of Crystal Lakes Subdivision into one building lot. If approved, the recording instrument for this application will be a finding and resolution from the Board of County Commissioners. The Development Services Team Recommendation is for approval of the Lot Consolidation for Crystal Lakes Subdivision Lots 71-73 9th Filing, File #04-S2367 to be known as Lot 73A of the Lot Consolidation of Lots 71, 72 & 73, Crystal Lakes Subdivision 9th Filing, subject to the following conditions: 1. All conditions of approval shall be met and the final resolution of the County Commissioners recorded by June 20, 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.
M O T I O N
Commissioner Bender moved that the Board of County Commissioners approve Items 2 through 5 as listed on the Consent Agenda and outlined above.
Motion carried 3-0.
6. OLANDER CONSERVATION DEVELOPMENT; 04-S2289: This request is for a Preliminary Plat review for a proposed Conservation Development to divide 77.68 acres into 15 lots and four residual lots. The Board of County Commissioners considered the Olander Farms Preliminary Plat proposal on November 11, 2004. Because the BCC approved the related General Development Plan and because the Preliminary Plat proposal fully complies with Larimer County Land Use Code standards, this item was included in the Consent Agenda. A neighbor and the Commissioners raised questions concerning storm water flowing into Chapman Reservoir. The Commissioners tabled this item and instructed Staff to provide information demonstrating that the owner(s) of Chapman Reservoir would not be negatively impacted. The applicant has spoken to the Guard Lateral Ditch Company. The Company has agreed to provide a letter stating they have no objection to the plans for storm water management. The applicant will present this information at the hearing. Staff would like to point out that all standards for maintaining water quality have been met. Storm water from the Olander property currently flows into Chapman Reservoir. The runoff is unmitigated agricultural runoff. The Olander Farms CD includes a water quality pond. The quality of storm water runoff will improve as a result of this development, not degrade. For the above reasons, the Development Services Team still supports this submittal proceeding to the Final Plat stage. The proposal addresses all substantive issues concerning storm water management and maintenance of water quality. The Planning Commission, the County Health Department, the County Engineering Department and the rest of the Development Services Team recommend the BCC approve the Olander Farms Conservation Development Preliminary Plat (File #04-S2289) subject to the following conditions: 1. The Final Plat shall be consistent with the approved preliminary plan and with the information contained in the Olander Farms Conservation Development (File #04-S2289) and with the Chapman Farms/Olander Farms General Development Plan (GDP - File #02-S2008) 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 Olander Farms Conservation Development and the Chapman Farms/Olander Farms General Development Plan. 2. Engineered foundations are required for new habitable construction. 3. Passive radon mitigation measures shall be included in the construction of all new residential structures on these lots. The results of a radon detection tests once the structure is enclosed but prior to issuance of a Certificate of Occupancy shall be submitted to the Building Department. As an alternative, a builder may present a prepaid receipt from a radon tester that specifies that a test will be done within 30 days. A permanent Certificate of Occupancy can be issued when the prepaid receipt is submitted. 4. The following fees shall be collected at building permit for new single family dwellings. Thompson R-2 District school fee, Larimer County fees for County and Regional Transportation Capital Expansion (TCEFs), Larimer County Regional Park Fee (in lieu of dedication) and drainage fee. The fee amount that is current at the time of building permit application shall apply. Both the Development Agreements and the Disclosure Affidavits will reference this requirement. The County Engineer’s office also requires a Developmental Construction Permit, prior to commencing development construction. 5. Interim and final emergency and secondary access will be approved by Loveland Fire Bureau and County Staff. 6. All lots must be 100 foot from edge of the wetland. The wetland boundary along the southeastern portion of the reservoir shall be restaked. Alternately, the applicant may provide a re-vegetation plan acceptable the County Planning Department. 7. In the Final Plat submittal, the applicants will specify whether or not Phase 1, Residual Lot C and Phase 2, Residual Lot D will be connected by a foot trail. If so, the plans for the trail must be approved by County Planning. They will also indicate whether or not residents will have access to any of the residual lots that will be developed during the other phase. 8. The applicant shall provide a Disclosure Notice to be approved by the County as a part of the Final Plat review, and recorded with the Final Plats. This notice shall inform all future lot owners of the conditions of approval and special costs or fees associated with the approval of this project. Included but not limited in this are the issues related to rural development, the need for engineered footings and foundations, the need for passive radon mitigation, wildlife, hunting, rural practices, high groundwater and agricultural uses and the issues raised in the review and or related to compliance with the Larimer County Land Use Code. 9. A Conservation Easement, Development Agreement, or other instrument will: a) state that no further development of any residual land lots will be allowed, b) specify uses allowed on each residual lot and in the wetland buffer, c) specify how residual land will be managed including, but not limited to, groundcover, irrigation and assignment of responsibilities for each residual lot to each lot owner. This condition will be fully satisfied before the Final Plat proceeds to the County Commissioners for approval. 10. Written confirmation from the Guard Lateral Ditch Company that they have no objections to the conveyance of water into the Chapman Reservoir.
Mr. Karan noted that staff believes that all the issues have been dealt with concerning the quality and quantity of water to be discharged into the Chapman Reservoir; however, they had anticipated the Guard Lateral Ditch Company providing a letter stating that they have no objections, but they are not in receipt of this letter as of yet. Mr. Karan recommended approval of this preliminary plat with the addition of condition number 10 which states that approval is not valid until written confirmation from the Guard Lateral Ditch Company is received and that they have no objection to the conveyance of water into the Chapman Reservoir. Commissioner Gibson questioned condition number three pertaining to radon mitigation, as he thought this was covered in the building permit. Mr. Helmick noted that this is not covered in the building permit process and that it is addressed with the preliminary plat application. Commissioner Gibson then questioned item number seven regarding the trail, and that if it is not a public trail, then why include it as a condition. Mr. Karan stated that Staff recommends the applicant include provisions for a trail to address and enforce the buffering constraints along the wetlands adjacent to the trail. Finally, Commissioner Gibson questioned item number eight, and why it was not the Homeowners Association responsibility to address hunting in the area. Mr. Helmick stated that including it with the Preliminary Plat basically assures public notification that there is the possibility of firearms discharge in the area. Chair Rennels noted that public comment on this item has already been heard and closed. The applicant's agent, Mr. Peter Swift, addressed the Board stating that he is agreeable to the addition of condition 10; however, he would prefer that comments returned from the Guard Lateral Ditch Company, or the town of Johnstown, or any other entity, be restricted to comments surrounding the ditch and water issues. Mr. Helmick stated that rather than try to guess what entities comments might be, and place restrictions on their comments, he would suggest that their responses be allowed and then there are appeals processes in place if the applicant is in disagreement with any of the responses.
M O T I O N
Commissioner Bender moved that the Board of County Commissioners approve the Olander Farms Conservation Development Preliminary Plat with the conditions as outlined above, which include condition 10 that requires written agreement from Guard Lateral Ditch Company to allow discharge into the Chapman Reservoir.
Motion carried 3-0.
7. PLANNING/ENGINEERING FEE INCREASE FOR 2005: This is a request to propose changes to the Right-of-Way and Access permits; to increase Development Review fees for selected Land Use applications; and for approval for the Engineering Department to retain a percent of Transportation Capitol Expansion fees collateral.
Mr. Peterson stated that the right-of-way permit fee is collected from utility companies who perform work within the right-of-way; they are proposing the fee increase for basic work that does not include major disturbances (like cutting through pavement) from $50.00 to $100.00. Mr. Peterson explained that they have mailed notices to all the utility companies and have not received any feedback regarding the proposed increase. Mr. Peterson then explained that they are not proposing a change to the capital expansion fees but rather the Engineering Department is requesting that 2% of the fees collected be retained in order to cover the administrative costs associated with the development review process. Mr. Peterson stated that the end user fees will remain the same. Chair Rennels asked if the 2% would go strictly to the Engineering Department, and Mr. Peterson replied in the affirmative.
Mr. Legg presented the Board with a spreadsheet of various application fees and explained background information, noting that in April of 1999 the Board established a cost recovery goal for the Planning Development Review Team that would ensure developers and applicants for land use approvals would pay the direct and indirect costs of development review. This cost recovery system has been in place since 1999 and has seen periodic fee increases in 2000, and 2001. Mr. Legg stated the proposed year 2005 fee increases are in conjunction with the 2005 budget requests for the Planning Department and the Engineering Department. The recommended fees are reflective of increased time required to process the applications, monitor conditions at the building permit stage, and the full-range of development review services that exist to ensure compliance with approvals and adopted regulations. Mr. Legg noted that for the first time the development of a surcharge to the fees has been added, and when collected will go directly to the revenue categories of the Engineering Department for support of Development review. The Board then reviewed the spreadsheet and discussed the proposed fees with Mr. Legg. Chair Rennels opened the meeting for public comment. No one addressed the Board with public comment. Chair Rennels noted that there are some steep changes and increases in the fees proposed and questioned if the Engineering Department was collecting fees for Development Review at this time. Mr. Peterson stated that no, they have not been collecting fees for their efforts in Development Review. Both Commissioner Gibson and Commissioner Bender stated their support, but noted that they would prefer to see smaller increases yearly, rather than large increases every five years or so.
M O T I O N
Commissioner Bender moved that the Board of County Commissioners approve the Development Review Fee increases for selected development applications as presented to the Board on December 20, 2004; and approve the Right-of-Way access fees and the Transportation Capital Expansion Fee 2% retention as outlined in the November 19, 2004 memo; the said fees shall be effective January 3, 2005.
Motion carried 3-0.
The meeting adjourned at 3:35 p.m.
TUESDAY, DECEMBER 21, 2004
(#148 & 149)
The Board of County Commissioners met at 9:00 a.m. with Frank Lancaster, County Manager. Chair Rennels presided and Commissioners Gibson and Bender were present. Also present were: Bob Keister, Donna Hart, and Deni LaRue, Commissioner's Office; Stu VanMeveren, Larry Abrahamson, and Linda Coxen, District Attorney's Office; Matt Lafferty, Planning Department; Gary Buffington, and Jerry White, Parks & Open Lands Department; George Hass, County Attorney's Office, and Gael Cookman, Deputy Clerk.
1. PUBLIC COMMENT: Brian Schumm addressed the Board with concerns regarding the process surrounding zoning violations. Mr. Schumm stated that he would like to see a level playing field with guidelines clearly spelled out, and that applications submitted with regards to zoning violations should be limited to corrective action pertaining to the violation itself.
Ms. Cookman introduced Jeff Holder and Tad Buonamici and noted that they have submitted paperwork regarding their intent to remove Mr. Holder as co-owner of Club Osirus, which would leave Mr. Buonamici as sole owner of this business. Ms. Cookman noted that since a previous understanding was that Mr. Holder would be on the premises, she wanted the owners to discuss the future of Club Osirus with the Board. The Board asked many questions of both Mr. Holder and of Mr. Buonamici and there was agreement amongst all that if Club Osirus were to experience a significant violation of the liquor laws in the future, then the license was sure to be revoked.
Bob Mulvihill expressed his appreciation to the Wallburgers for all of their efforts in running the operations at the Carter Lake Marina. Mr. Mulvihill stated that he has been a marina customer for years and has been most impressed with the service the Wallburgers provide.
2. APPROVAL OF MINUTES FOR DECEMBER 6, AND 13, 2004:
M O T I O N
Commissioner Bender moved that the Board of County Commissioners approve the minutes of December 6, 2004, with the following change to the Wild Rural Land Plan: Item x, will be renamed as Item 20, and Item 20 will become Item 21.
Motion carried 2-0 (Chair Rennels abstained).
M O T I O N
Commissioner Gibson moved that the Board of County Commissioners approve the minutes of December 13, 2004 as presented.
Motion carried 2-0 (Commissioner Bender abstained).
3. REVIEW OF THE SCHEDULE FOR THE WEEK OF DECEMBER 27, 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 December 21, 2004:
PETITIONS FOR ABATEMENT: As recommended by the County Assessor, the following petitions for abatement are approved: Ralph & Milda Steinhebel; Summit Restaurant; Wolf Camera; Wayne Schrader (7 parcels); American Residential Services, LLC; Campbell Development, INC; Robert Mitchell; Jerry & Jean Peery; OCE USA, INC; Margaret Sengenberger; Juanita Ramirez; Curves for Women.
12212004A001 ADDENDUM TO THE AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS FOR THE USE AND BENEFIT OF LARIMER COUNTY DEPARTMENT OF HUMAN SERVICES OFFICE ON AGING AND VOLUNTEERS OF AMERICA COLORADO BRANCH
12212004A002 CHILD SUPPORT ENFORCEMENT PURCHASE OF LEGAL SERVICES AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS, GEORGE HASS, LARIMER COUNTY ATTORNEY, AND THE LARIMER COUNTY DEPARTMENT OF HUMAN SERVICES
12212004A003 AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS FOR THE USE AND BENEFIT OF LARIMER COUNTY DEPARTMENT OF HUMAN SERVICES OFFICE ON AGING PROGRAM AND REHABILITATION & VISITING NURSE ASSOCIATION (RVNA)
12212004A004 FIRST ADDENDUM TO DEVELOPMENT AGREEMENT FOR IRONWOOD PLAZA PLANNED LAND DIVISION (01-S1900) BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND CARL AND JULIE BRUNSWIG
12212004A005 WARRANTY MEMORANDUM FOR LANDSCAPING IMPROVEMENTS AT COLONY RIDGE ESTATES SECOND SUBDIVISION 97-SU0993 BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND GALLERY HOMES, INC., AND COLONY RIDGE ESTATES SECOND SUBDIVISION HOME OWNERS ASSOCIATION
12212004A006 AMENDMENT TO THE DEVELOPMENT AGREEMENT MOUNTAIN RIVER RANCH ESTATES CONSERVATION DEVELOPMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS, RON PIETRAFESO AND JOHN SANTERAMO, AND MOUNTAINRIVER RANCH ESTATES
12212004A007 WARRANTY MEMORANDUM FOR THE WILLOWS SUBDIVISION AND THE AMENDED PLATS BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND MOUNTAIN VIEW MARKET PLACE, LLC, AND WILLOWEST HOMEOWNERS ASSOCIATION, INC.
12212004A008 GOCO GRANT AGREEMENT FOR RED MOUNTAIN RANCH BETWEEN THE BOARD OF COUNTY COMMISSIONERS, THE STATE BOARD OF THE GREAT OUTDOORS COLORADO TRUST FUND, AND THE LARIMER COUNTY PARKS AND OPEN LANDS
12212004A009 ASSIGNMENT AND ASSUMPTION OF LEASE BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND TIMNATH LAND & CATTLE COMPANY III, LLC
12212004A010 MUTUAL GRANT OF ACCESS EASEMENT FOR INGRESS AND EGRESS AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE NATURE CONSERVANCY - RED MOUNTAIN RANCH
122120041011 LOT SALE PROHIBITION MOUNTAIN RIVER RANCH CONSERVATION DEVELOPMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND RON PIETRAFESO AND JOHN SANTERAMO
12212004D001 DEED OF CONSERVATION EASEMENT RED MOUNTAIN RANCH BY LARIMER COUNTY IN FAVOR OF THE CITY OF FORT COLLINS
12212004D002 BARGAIN AND SALE DEED OF WATER RIGHTS - WYOMING BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE NATURE CONSERVANCY - RED MOUNTAIN RANCH
12212004R001 RESOLUTION REGARDING THE RELEASE OF WARRANTY COLLATERAL FOR BUCKHORN GLADE SUBDIVISION (94-SU0446)
12212004R002 FINDINGS AND RESOLUTION APPROVING THE HAIRE SUBDIVISION
12212004R003 FINDINGS AND RESOLUTION APPROVING THE COULSON-KAUFFMAN FLOOD PLAIN SPECIAL REVIEW
12212004R004 AMENDED SPECIAL REVIEW FINDINGS AND RESOLUTION APPROVING THE PETITION OF ASHCROFT KENNELS
12212004R005 FINDINGS AND RESOLUTION APPROVING AN AMENDED PLAT IN SNOWY VIEW SUBDIVISION LOT 15 AND A PORTION OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 02-50-71
12212004R006 LOT CONSOLIDATION RESOLUTION APPROVING THE CONSOLIDATION OF LOTS 25, 26, AND 27 IN SPENCER HEIGHTS SUBDIVISION
12212004R007 LOT CONSOLIDATION RESOLUTION APPROVING THE CONSOLIDATION OF LOTS 14 AND 15 COLLAND CENTER 3RD FILING
12212004R008 RESOLUTION TO DEED WATER RIGHTS TO THE NATURE CONSERVANCY FOR RED MOUNTAIN RANCH
12212004R009 RESOLUTION SUPPORTING THE AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE STATE BOARD OF THE GREAT OUTDOORS COLORADO TRUST FUND FOR RED MOUNTAIN RANCH
12212004R010 RESOLUTION FOR CONVEYANCE BY THE BOARD OF COUNTY COMMISSIONERS AND SPECIAL WARRANTY DEED FOR RED MOUNTAIN RANCH
MISCELLANEOUS: Notice of Brill Media Company, L.P. of New Leaseholder for Red Mountain Ranch; Assignment of Wyoming Well Permit to Nature Conservancy; Approve Board Appointments for Agricultural Advisory Board, Juvenile Community Review Board, and Weld/Larimer Revolving Loan Fund; Department of Human Services Payments for November 2004; Amendment #1 - Larimer County Contributory Retirement Plan; Wagner-Peyser Expenditure Authorization for Additional Funding to Support Employment Center Functions.
LIQUOR LICENSES: The following licenses were both approved and issued: Bruno's Bar and Bistro - Hotel and Restaurant Transfer of Ownership and Temporary Permit - Fort Collins; Windjammer Roadhouse and Grill - Tavern - Loveland. The following licenses were approved: Berthoud Chamber of Commerce - Special Events Permit 6% - Berthoud; Windjammer Roadhouse and Grill - Change of Corporate Structure; Fort Collins County Club - Change of Corporate Structure.
Motion carried 3-0.
5. DISCUSSION OF SALARY FOR DISTRICT ATTORNEY: Ms. Coxen handed out a spreadsheet which outlined what other districts in the state are paying their District Attorney's. Mr. Van Meveren noted that Mr. Abrahamson has 32 years of experience with the District Attorney's office, and that he has proven leadership and management skills, community involvement, and that he is familiar with and works well with agencies related to the courts. The Board reviewed the spreadsheet and discovered that with 32 years, Mr. Abrahamson has the most time in service and experience with a District Attorney's office, and that the next closest incumbent has 21 years of experience and the salary range that has been approved for that person is $140,424 - $149,000 with a 5% annual increase. Commissioner Gibson asked how many other districts have term limits on the District Attorneys. Mr. Van Meveren stated that all the District Attorneys throughout the state are term limited. Some discussion ensued regarding Mr. Abrahamson's current salary, what his new salary should be, and whether or not the use of a County vehicle should be included. Ms. Coxen noted that the District Attorney is on call seven days a week, and has to respond to two jurisdictions; she also noted that Mr. Van Meveren typically logs over 10,000 miles per year, which in itself justifies assignment of a vehicle.
M O T I O N
Commissioner Bender moved that the Board of County Commissioners approve the District Attorney salary for Larry Abrahamson starting at $140,000 for the first year, with a 5% increase annually thereafter, and approve the use of a County vehicle.
Motion carried 3-0.
12212004R011 RESOLUTION ESTABLISHING COMPENSATION AGREEMENT WITH THE DISTRICT ATTORNEY.
6. REQUEST TO AUTHORIZE AND FUND THE DISTRICT ATTORNEY'S OFFICE TO PARTICIPATE IN THE COLORADO PUBLIC EMPLOYEES RETIREMENT ASSOCIATION (PERA): Mr. Van Meveren noted that legislation was passed a year ago which allows for all employees of the District Attorney's Office to participate in PERA; he stated that the District Attorney has been able to participate in this program, but up until a year ago, support staff and public defenders did not have this option. Mr. Van Meveren stated their desire to utilize PERA as a means to better the retirement options for their staff and hopefully help with retention, as they have experienced a lot of employee turn over this past year. Discussion ensued regarding the additional cost to the County if this were approved. Mr. Lancaster stated it would cost an additional $205,000 to fund this request. Ms. Coxen stated that they could cover the costs for 2005, but that on-going funding would be required thereafter. Chair Rennels noted that she would need to see some options as to how this could be funded as well as the full impact of how this would affect the County and the budget in coming years. CONSENSUS OF THE BOARD was to not authorize and fund the District Attorney's Office to participate in PERA at this time, but to allow discussions to continue regarding PERA as a possible option for the District Attorney's Office at some point in the future. Mr. Lancaster noted that he will prepare a Resolution for the Board to sign next week pertaining to their decision today.
7. REQUEST TO WAIVE DEVELOPMENT REVIEW FEES FOR AN EXTENDED FAMILY RESIDENCE DUE TO FAMILY HARDSHIP: Mr. Lafferty noted that Tom and Janet Little are seeking approval to have an extended family residence on their property so their daughter and son-in-law can assist in the care of Tom Little, who has Multiple Sclerosis. Mr. Lafferty noted that Mrs. Little has recently lost her part time job, and given the family situation it would be difficult for them to afford the fees required for processing the development review application as well as transportation capital expansion fees. Mr. Lafferty requested that the Board waive $400, which consists of the $100 development review fee and approximately $300 for the transportation capital expansion fee. Commissioner Gibson asked if placing a trailer on this property fits into the zoning of the area. Mr. Lafferty noted that this is just the first step in the process, and that zoning, water, and other issues will need to be considered and that the family may indeed be requesting additional relief as this application progresses.
M O T I O N
Commissioner Bender moved that the Board of County Commissioners approve waiving the Extended Family Dwelling application fees and the Transportation Capital Expansion fees required for the placement of a trailer on the Tom Little property so that the family can care for Mr. Little.
Motion carried 3-0.
8. REQUEST TO APPROVE A ONE YEAR MARINA CONCESSION LICENSE FOR CARTER LAKE: Mr. Buffington requested Board approval on a one year agreement with the Wallburgers as the current concessionaire. Mr. Buffington noted that the delivery of service will not change, but that this next year will provide an opportunity to develop a future plan for the Carter Lake Marina.
M O T I O N
Commissioner Gibson moved that the Board of County Commissioners approve the Marina Concession License for 2005 at Carter Lake.
Motion carried 3-0.
12212004A012 AGREEMENT FOR MARINA OPERATIONS AT CARTER LAKE BETWEEN THE BOARD OF COUNTY COMMISSIONERS OF LARIMER COUNTY AND CARTER LAKE MARINA, INC.
9. WORKSESSION: There were no Worksession items to discuss.
10. COMMISSIONER REPORTS: The Board noted their attendance at events during the past week.
11. LEGAL MATTERS: Mr. Hass presented the Board a Resolution and Quit Claim Deed regarding the purchase of Red Mountain Ranch, noting that it also needed to be included in the approval; and he also replaced the Special Warranty Deed that was in the basket, due to a small change requested by the Nature Conservancy.
M O T I O N
Commissioner Bender moved that the Board of County Commissioners approve the Resolution and Quit Claim Deed regarding the purchase of Red Mountain Ranch.
Motion carried 3-0.
12212004R012 RESOLUTION AND QUIT CLAIM DEED FOR CONVEYANCE OF PROPERTY BY THE BOARD OF COUNTY COMMISSIONERS (Red Mountain Property)
The meeting adjourned at 10:50 a.m., with no further action taken.
WEDNESDAY, DECEMBER 22, 2004
The following document, already authorized for signature, was signed by the Chair on December 22, 2004:
12222004A001 FIRST AMENDMENT TO AGREEMENT FOR THE PURCHASE AND SALE FOR REAL ESTATE (Extending the closing date on Red Mountain Ranch)
The following document required signature on this day. The Resolution supporting it will be signed on Tuesday, December 28, 2004:
12222004A002 LEAF FUNDING CONTRACT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE STATE OF COLORADO FOR THE USE AND BENEFIT OF THE COLORADO DEPARTMENT OF TRANSPORTATION AND THE LARIMER COUNTY SHERIFF'S OFFICE
KATHAY RENNELS, CHAIR
BOARD OF COMMISSIONERS
CLERK AND RECORDER
(S E A L)
A T T E S T
Gael M. Cookman, Deputy County Clerk