MINUTES OF THE BOARD OF COUNTY COMMISSIONERS
Monday, JANUARY 17, 2005
The Courthouse offices were closed on Monday in celebration of Martin Luther King Day.
TUESDAY, JANUARY 18, 2005
(#4 & 5)
The Board of County Commissioners met at 9:00 a.m. with County Manager Frank Lancaster. Chair Rennels presided and Commissioners Wagner and Gibson were present. Also present were: Donna Hart, Melinda Keen, and Deni LaRue, Commissioner’s Office; Ellen Hodges, and Regan McDaniel, U.S. Forest Service; Al Kadera, Planning Department, Marc Engemoen, Public Works Director; Major Bill Nelson, and Lieutenant Jim Sullivan, Sheriff's Department; John Gamlin, and Amanda Oliver, Human Resources; Doug Ryan, Health Department; George Hass and Jeannine Hagg, County Attorney's Office; and Gael Cookman, Deputy Clerk.
1. PUBLIC COMMENT: Tad Buonamici, owner of Club Osirus, addressed the Board along with a number of his employees and requested permission to block off a portion of their establishment in order to allow 18 to 20 year-olds to gain admittance yet be segregated from portion of the establishment that serves alcohol. Some discussion ensued and the Board stated that they would like to hold a public hearing on this in order to allow the Sheriff's Department, Poudre Fire Authority, and other interested parties the opportunity to voice their concerns regarding this request. Chair Rennels instructed Mr. Buonamici to submit his plans to Ms. Cookman so that a public hearing could be scheduled.
2. APPROVAL OF THE MINUTES FOR THE WEEK OF JANUARY 10, 2005:
M O T I O N
Commissioner Gibson moved that the Board of County Commissioners approve the Minutes for the week of January 10, 2005, as presented.
Motion carried 3-0.
3. REVIEW OF THE SCHEDULE FOR THE WEEK OF JANUARY 24, 2005: Ms. Hart reviewed the upcoming schedule with the Board.
4. CONSENT AGENDA:
M O T I O N
Commissioner Wagner moved that the Board of County Commissioners approve the following items as presented on the Consent Agenda for January 18, 2005:
PETITIONS FOR ABATEMENT: As recommended by the County Assessor, the following petitions for abatement are approved: Cottonwood Farms; Michael & Charlotte Stack; James Hyde; Karen Bogott; Margaret Sengenberger; Adamson Revocable Trust; Altergott, Sharon L. Trust; Ricky Armistead & Dana Goode; Thomas Barosh; John Bruno; Glenna & Russell Buck; Tim & Victoria Burnett; Pati Caputto; Neil Clark & Elizabeth Adams; Donald & Huilan Condray; John & Kathleen Crowley; Daniel Curran & Stephanie Stern; David Dandy & Sonia Kreidenweis-Dandy; Gerald & Rebecca Darmafall; Robert & Shan Davis; Richard Decook; Laurie Duncan; Daren & Michelle Forney; Olen & Lillian Gibson; Herman & Helena Goens; Charles & Belva Guthrie; Scott Hackley204; Mark & Kerri Hanke; Harold & Debra Hansen; Merlin & Jane Harroff; Charlotte Hayzlett; Hegg Living Trust; Darrell & Karyn Hejde; Vann E. Hettinger Living Trust; Edwin Y Julia Hines; Randy Kershner; William & Annamae Lally; Randall Lawrence; Dale & Mary Ann Louis; Edward Marchand; Ben & Norma Meeks; Kent & Betty Negrboss; Victoria Peters & Robert Devereaux; Rodger Pfeiffenberger & Jane Fertig; James & Becky Ruby Living Trust; Gail Schiller; Darl & Marilyn Sheldon; Steven & Claire Spelts; Alberto Squassabia & Maryann Donnelly; Jennifer Tomlinson; Antonio & Jamie Tovar; Garry & Suzzanne Turnbow; John Vasquez; Harvey & Louis Wagner; Christopher & Rosemarie Wetzel; Peter & Diane Witteveld; Scott & Harriette Woodard; Alan Worthen & Jerrolyn Turner-Worthen; Edwin & Sharon Zscheile; Daniel Jinich MD; Fall River Elk Association, LLC; Richies Fort Collins Express Car Wash, LLC.
01182005A001 PERMANENT EASEMENT AGREEMENT BY AND AMONG THE BOARD OF COUNTY COMMISSIONERS AND THE CITY OF FORT COLLINS AND REDEEMER LUTHERAN CHURCH OF FORT COLLINS
01182005A002 TEMPORARY CONSTRUCTION EASEMENT AGREEMENT BY AND AMONG THE BOARD OF COUNTY COMMISSIONERS AND THE CITY OF FORT COLLINS AND REDEEMER LUTHERAN CHURCH OF FORT COLLINS
01182005D001 DEED OF DEDICATION BY NANCY S. MIERS FOR SAID PROPERTY AS A PUBLIC HIGHWAY
01182005R001 FINDINGS AND RESOLUTION APPROVING THE EMGE/WHITAKER PRELIMINARY RURAL LAND PLAN
MISCELLANEOUS DOCUMENTS: Six Month Treasurer Report.
LIQUOR LICENSES: The following license was issued: River Forks Inn Restaurant & Stage Stop - Hotel & Restaurant - Drake, CO.
Motion carried 3-0.
5. UPDATE ON FUEL REDUCTION PROGRAM IN ESTES VALLEY: Ms. Hodges and Ms. McDaniel presented the Board with a handout and explained their goals for the Fuel Reduction Program in Estes Valley. Ms. Hodges informed the Board that there may be some public concern regarding the fact that the Forest Service will have to access private land to get to some of the forests in order to perform the thinning of trees and undergrowth for fuel reduction. Ms. Hodges noted that the Forest Service works with the land owners to gain access and in many instances, they will also try to acquire permanent public access if the land owner is agreeable to this; however, Ms. Hodges wanted it to be perfectly clear that the Forest Service will not force access across private land, and if the land owner will not allow access, then that portion of the forest will remain untouched and will not be part of the fuel reduction process. Some discussion ensued regarding the funding, and how the program works. Commissioner Gibson questioned whether or not the Forest Service owned a chipper and Ms. Hodges replied in the affirmative. Commissioner Wagner questioned if the Forest Service repairs land if it is damaged while they are utilizing it to gain access, and Ms. Hodges replied in the affirmative. The Board thanked Ms. Hodges for the update.
6. NORTH FRONT RANGE MPO REPAYMENT DISCUSSION: Mr. Engemoen explained the situation in that Larimer County and the North Front Range MPO entered into an intergovernmental agreement (IGA) on September 4, 2003; he stated that in that IGA, Larimer County agreed to advance $150,000 to the MPO to be used as a "float" for MPO expenditures, as the MPO typically must expend funds and then seek reimbursement from other agencies. Mr. Engemoen noted that the IGA requires the cash advance to be repaid no later than the third anniversary date of the IGA, which is September 4, 2006. If Larimer County does not intend to require repayment of any portion of the $150,000 in 2005, then the MPO would like to report this debt as a long-term liability on their 2004 financial statements. Commissioner Gibson noted that this request is indeed following the original plan as the County was not expecting to call in any of the monies early. Mr. Engemoen agreed. Chair Rennels asked if the MPO was looking at the possibility of requesting an extension. Mr. Engemoen and Commissioner Gibson noted that they felt the MPO is on target for repayment in 2006.
M O T I O N
Commissioner Gibson moved that the Board of County Commissioners approve and authorize the Chair to execute a letter to the North Front Range MPO advising them that Larimer County does not expect repayment of any portion of the $150,000 cash advance made to the MPO pursuant to the IGA, entered into on September 4, 2003, at any time prior to December 31, 2005.
Motion carried 3-0.
ZONING COMPLAINT REGARDING SHEDS: Mr. Kadera noted that the Planning Department
has received a complaint from one homeowner regarding 28 different properties
with sheds constructed on them. Mr. Kadera noted that in order to determine if
the sheds are in compliance, they would have to make a site visit to each
property, and due to staffing constraints, he requested that this matter be
deemed low priority. Mr. Kadera also noted that it may be difficult to get 28
property owners to agree to allow staff on-site to inspect their structures.
Finally, Mr. Kadera stated that a similar situation occurred in the Mountain
Range Shadows subdivision and the complaint was deemed retaliatory in nature
and was not investigated by staff; he stated that this complaint will remain on
the books as an active complaint and they will investigate it as time permits.
Commissioner Wagner asked if there was a homeowners association involved. Mr.
Kadera replied in the affirmative, but explained that it seems as though the
homeowners association is waiting to see if the County will take action.
M O T I O N
Commissioner Wagner moved that the Board of County Commissioners approve of permitting zoning code enforcement to deem this complaint low priority.
Motion carried 3-0.
8. REQUEST FOR COMPENSATION POLICY WAIVER FROM SHERIFF'S DEPARTMENT: Major Nelson explained that Lt. Sullivan began his employment with the Sheriff's Department as a Patrol Officer I; however, his 25 years of prior experience in law enforcement helped him to quickly attain the rank of Lieutenant. Major Nelson stated that Lt. Sullivan does not have the benefit of longevity as a County employee, but he is doing the work of a Lieutenant and the compensation he is receiving is inadequate for the job duties and performance level of his position and requested a waiver of policy in order to increase Lt. Sullivan's salary to an acceptable level. Ms. Oliver reviewed Lt. Sullivan's pay history and described the various impacts from his hiring rate of pay and his promotions when compared with other similarly situated employees. Mr. Gamlin noted that HR understands Lt. Sullivan's dilemma; however, county policy anticipates that not every employee will be paid exactly the same for doing the same job, as rates of pay are influenced by factors including both longevity and the initial rate of pay when hired. Therefore, Mr. Gamlin continued, the Human Resources Department does not support the request for waiver at this time. Some discussion ensued regarding how much Lt. Sullivan is currently earning compared to the other Lieutenants in the Department, and the rates of pay for different levels of positions and responsibilities within the Sheriff's Department. Lt. Sullivan stated that he is doing more work now, with more responsibility and longer hours; however, he is making less now as a Lieutenant due to the fact that he can no longer claim overtime. Lt. Sullivan also noted he is earning less than the Sergeants he is supervising. Mr. Gamlin noted that he can appreciate Lt. Sullivan's perspective; however, the same could be said for other positions within the County. Mr. Gamlin requested the Board provide the Human Resources Department some time to look at the situation and the policy surrounding this issue so they could come back to the Board with a recommendation that could be applied fairly across the County as a whole. Chair Rennels stated that she wanted this issue to be resolved in a timely manner and that retroactive pay could be utilized if applicable. Commissioner Gibson suggested this item be tabled to give the Human Resources Department time to review and submit recommendations.
M O T I O N
Commissioner Gibson moved that the Board of County Commissioners table this item for 60 days in order to allow the Human Resources Department time to research and form a recommendation to the Board; however the draft recommendation shall be presented to the Board in 30 days.
Motion carried 3-0.
9. WORKSESSION: Mr. Lancaster noted that there are a number of Boards up for review and asked if the Commissioners would like to meet with them; specifically, the Agricultural Advisory Board, the Estes Valley Planning Commission, the Flood Review Board, the Planning Commission, and the Community Corrections Advisory Board. Chair Rennels stated that it is a good idea to check in with these Boards and also noted that it would be good for Commissioner Wagner to get to meet and know the individuals that are providing their service with regards to these duties.
Mr. Lancaster explained that Mr. Groom addressed the Board during public comment recently regarding a zoning violation in Estes Park; at that time the Board had directed the County Attorney to provide information to Mr. Groom on this issue. Mr. Lancaster noted that since that time it has become evident the Mr. Groom is working with an attorney; therefore, it would not be ethical for our County Attorney to provide information directly to Mr. Groom. Mr. Lancaster requested the Board's permission to provide a letter of explanation to Mr. Groom that will come from the County Manager, rather than from the County Attorney, which the Board agreed to.
Finally, Mr. Lancaster requested the Board's signatures on a letter of support regarding the Northern Colorado Pickle Cooperative's Pickling Cucumber Variety Trials grant application. Mr. Lancaster noted that the grant will aid local farmers as they try to diversify and identify profitable crops for Larimer County.
M O T I O N
Commissioner Wagner moved that the Board of County Commissioners approve the letter of support for the Northern Colorado Pickle Cooperative's Pickling Cucumber Variety Trials grant application.
Motion carried 3-0.
10. UPDATE ON OZONE EARLY ACTION COMPACT: Mr. Ryan provided the Board with an update on the Ozone Early Action Compact and highlighted events with regards to legislative approval, emission controls, the 2004 ozone season, and plans for 2005. On a very positive note, Mr. Ryan presented a handout and explained that there were no exceedances of ozone levels along the entire Front Range in 2004. Some discussion ensued and the Board thanked Mr. Ryan for the update.
11. COMMISSIONER ACTIVITY REPORTS: The Board noted their attendance at events during the past week.
12. LEGAL MATTERS: (Affidavit provided.)
M O T I O N
Commissioner Gibson moved that the Board of County Commissioners go into Executive Session for Specific Legal Advice as outlined in 24-6-402-(4) (b) C.R.S.
Motion carried 3-0.
There being no further business, the meeting recessed at 10:45 a.m.
LAND USE HEARING
The Board of County Commissioners reconvened at 3:00 p.m. with Rob Helmick, Principal Planner. Chair Rennels presided, and Commissioners Wagner and Gibson were present. Also present were: Matt Lafferty, Porter Ingrum, and Karin Knauf, Planning Department; Ed Woodward and Christie Coleman, Engineering Department; Doug Ryan, Health 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 addressed the Board regarding these topics. Chair Rennels then noted that the following items are consent and would not be discussed unless requested by the Board, staff, or members of the audience. Mr. Helmick noted that there is an addition to item number 2 (the Meadowlark Ridge Conservation Development) regarding an appeal recommendation that should have been included in the staff report, and now will be included below as part of the minutes approving this item.
1. McGREGOR MOUNTAIN WATERLINE FLOODPLAIN SPECIAL REVIEW (FPSR): This is a request to approve the FPSR based on the Flood Review Board’s recommendation of approval with one condition. The waterline crossing of Fall River is for the extension of water services to a development located on the north side of U.S. Highway 34. The Land Use Code requires that the proposed waterline crossing receive a recommendation from the Flood Review Board, with final approval from the Board of County Commissioners through a Flood Plain Special Review. The Flood Review Board met November 29, 2004 and reviewed the hydraulic modeling report for the waterline crossing on the Fall River. The Board found the modeling report and it’s conclusions to be acceptable and voted for a favorable recommendation to approve the FPSR, with one condition. (1) That a set of construction drawings be submitted to County Engineering staff for review and approval before going to the Board of County Commissioners. The set of construction drawings were submitted, reviewed and approved by staff, satisfying the only 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 waterline crossing, as represented in the modeling report dated October 28, 2004 and construction drawings addendum dated December 7, 2004.
2. MEADOWLARK RIDGE CONSERVATION DEVELOPMENT; 04-S2268: This is a request to: Approve a Conservation Development Land Division to create 5 lots on 40 acres, including 4 residential lots and 1 residual lot with a residential building envelope; and to Appeal to Sub-Section 8.14.2.G maximum length of a dead-end access, requesting that the proposed new lots be served by an access greater than 660 feet. At a public hearing on December 15, 2004 the Larimer County Planning Commission considered the Meadowlark Ridge Conservation Development preliminary plat to divide a 40-acre parcel into 4 lots ranging in size from 2.8 acres to 3.12 acres, and one 25.09 acre residual lot (20.74 net residual land) with a 4.35 acre building envelope that contains an existing residence and outbuildings. The residual land will be owned and maintained by the owner of the residual lot, which includes a building envelope with an existing residence. The site is located on Country Mountain Drive off of State Highway 60, west of County Road 7. The site is zoned FA-Farming. The property is bordered on the east by the Carlson Subdivision, to the north by the Christian Lateral Ditch and 35 acre parcels, the west by the Charlotte’s Farm R.L.U.P. and to the south by properties in Weld County, across State Highway 60. The Planning Commission and Development Services Review Team recommends approval of the Meadowlark Ridge Conservation Development, file number 04-S2268, subject to the following conditions: 1. The Final Plat shall be consistent with the approved preliminary plan and with the information contained in the Meadowlark Ridge Conservation Development Preliminary Plat (File # 04-S2268) 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 Meadowlark Ridge Conservation Development. 2. The following fees shall be collected at building permit issuance for new single family dwellings: Thompson R2-J school fee, Larimer County fees for County and Regional Transportation Capital Expansion, and Larimer County Park Regional Park Fee (in lieu of dedication). The fee amount that is current at the time building permit application shall apply. 3. The applicant shall comply with the requirements of the Loveland Fire District as outlined in the memo from Romeo P. Gervais, Deputy Fire Marshal, and dated October 8, 2004. 4. Engineered footings and foundations may be required for new habitable construction. Engineering for any new residential and/or septic system construction shall be done in consideration of the recommendations of the Colorado Geological Survey as outlined in the letter from TC Wait dated October 14, 2004. 5. Passive radon mitigation measures shall be included in the construction of all new residential structures in this development. Radon detection tests are required in all new residential structures on this site. The results of these tests shall be submitted to the Planning Department once the structure is enclosed but prior to issuance of a certificate of occupancy. As an alternative, a builder may present a prepaid receipt for 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. 6. During the Final Plat review process for this development and prior to approval, the applicant shall resolve the technical issues found in the following referral letter: Larimer County Engineering Department by Christie Coleman, dated October 1, 2004. 7. The applicant shall execute an agreement with the Christian Lateral Ditch Company prior to final plat approval.
The Development Services Review Team also recommends approval of the appeal to Sub-Section 8.14.2.G maximum length of a dead-end access, requesting that the proposed new lots be served by an access greater than 660 feet, with the conditions that: 1. The new homes will have residential fire sprinkler systems; and 2. A hammer-head turn around will be installed between Lots 1 and 2 as shown on the preliminary plat.
3. WEST HIAWATHA HEIGHTS LOTS 2A&B, BLOCK 11 AMENDED PLAT; 04-S2378: This is a request to amend the plat of Lots 2A &2 B, 3A & 3B, Block 11, in West Hiawatha Heights Subdivision, by combining four lots and a metes and bounds parcel into one lot. All review criteria has been met and 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 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-S2378, the Amended Plat of Lots 2A & 2B, 3A & 3B, Block 11, in West 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 and clarifications requested by the Larimer County Engineering shall be made prior to recordation of the plat. 3. Prior to the recordation of the Final Plat the applicant shall make the technical corrections requested by Dale Greer, Land Surveyor of the Larimer County Engineering Department.
M O T I O N
Commissioner Gibson moved that the Board of County Commissioners approve the Consent Agenda as presented and outlined above.
Motion carried 3-0.
The meeting adjourned at 3:05 p.m.
KATHAY RENNELS, CHAIR
BOARD OF COMMISSIONERS
CLERK AND RECORDER
Gael M. Cookman, Deputy Clerk