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MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

 

Monday, FEBRUARY 28, 2005

 

EXECUTIVE SESSION

(Affidavit provided)

 

The Board of County Commissioners met in Executive Session at 2:30 p.m. with County Manager Frank Lancaster.  Chair Rennels presided, and Commissioners Wagner and Gibson were present.  Also present were:  Scott Doyle, Clerk & Recorder; Wynette Cerciello, Human Resources Director; George Hass and Jeannine Haag, County Attorney and Assistant County Attorney.

 

The Executive Session ended at 3:00 p.m., with no action taken.

 

LAND USE HEARING

(#17)

 

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:  Porter Ingrum, and Matt Lafferty, Planning Department; Claudia Delude, Zoning Enforcement; Ed Woodward, and Roxann Hayes, 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 addressed the Board regarding these topics.  Chair Rennels noted that items #1 and #2, regarding the Kromer Zoning Violation and the Dunlap Zoning Violation, have been removed from the agenda per staff's request.  Chair Rennels then noted that the applicant for item #6, regarding the Trails End Planned Land Division and Planned Development, File # 00-S1654, is requesting this item be tabled until April 25, 2005, at 3:00 p.m.  Chair Rennels asked the applicant to state this for the record.  Mr. Jay Moody approached the Board and requested the item be tabled.

 

M O T I O N

 

Commissioner Gibson moved that the Board of County Commissioners table item #6, regarding the Trails End Planned Land Division and Planned Development - File # 00-S1654, until April 25, 2005, at 3:00 p.m. 

 

Motion carried 3-0.

 

Chair Rennels then noted that the following items are on consent and would not be discussed unless requested by the Board, staff, or members of the audience:

 

3.  COUNTY ENGINEERING DEPARTMENT COUNTY ROAD 5 & 38 FLOOD PLAIN SPECIAL REVIEW (FPSR):  This is a request to approve the FPSR based on the Flood Review Board’s recommendation of approval.  The current intersection needs to be upgraded to a cross intersection to accommodate the future development that will be occurring around the Town of Timnath.  A portion of the project is in the flood plain of the Poudre River.  The Land Use Code requires that the proposed intersection project 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 on Friday, February 4, 2005 and reviewed the hydraulic modeling report for the proposed new intersection and approaches.  The Board found the modeling report and its conclusions to be acceptable and voted for a favorable recommendation to approve the FPSR.  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 proposed intersection project, as represented in the modeling report dated December 16, 2004.

 

4.  SPRING CANYON HEIGHTS 3RD SUBDIVISION LOTS 5B & 5C OF THE REPLAT OF LOT 5 AND LOT 6A OF THE AMENDED PLAT OF PART OF LOTS 6, 7, 9, AND 18 AMENDED PLAT; #04-S2379:  This is a request to amend the plat of Lots 20 and 21 in Cedar Park Subdivision 5th filing to reconfigure the common lot line between lots 20 and 21 and dedicate a 20-foot access easement.  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 adjust the common lot line between two contiguous lots and dedicate a 20-foot access easement 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-S2379, the Amended Plat of Lots 5B and 5C of the Replat of Lot 5, Spring Canyon Heights 3rd Subdivision, and Lot 6A, Amended Plat of Part of Lots 6, 7, 9 and 18 Spring Canyon Heights 3rd 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 August 22, 2005 or this approval shall be null and void.

 

5.  CIMARRON LAKE LOTS 21A & 22A AMENDED PLAT; 04-S2383:  This is a request to amend the plat of Cimarron Lake to reconfigure two contiguous lots by adjusting the common lot line between lots 21A and 22A.  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 reconfigure two contiguous lots 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-S2383, the Amended Plat of Lots 21-A and 22-A of the Amended Plat of Lots 20, 21 and 22 of the Amended Plat of Lots 20-24 and Tract “A” Cimarron Lake, and a Tract of Land Situate in the West ½ of Section 23-8-69, 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 August 28, 2005 or this approval shall be null and void.

 

M O T I O N

 

Commissioner Wagner moved that the Board of County Commissioners approve items #3, #4, and #5 as listed on the Consent Agenda and outlined above.

 

Motion carried 3-0.

 

The meeting adjourned at 3:10 p.m.

 

 

TUESDAY, MARCH 1, 2005

 

ADMINISTRATIVE MATTERS

(#17 & 18)

 

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:  Neil Gluckman, Donna Hart, and Deni LaRue, Commissioner’s Office; Rob Helmick, Matt Lafferty, Al Kadera, and Carol Evans, Planning Department; Claudia Delude, Zoning Enforcement;  Doug Ryan, Environmental Health Department; Gary Buffington, and K-Lynn Cameron, Parks and Open Lands Department; Ginny Riley, Health and Human Services Department; and Gael Cookman, Deputy Clerk.

 

1.  PUBLIC COMMENT:   Brian Schumm addressed the Board with his concerns regarding County policies surrounding zoning violations.   Mr. Schumm stated that he has tried to offer suggestions in the past as to how the Board could improve the process; and again restated his opinion that applications submitted with regards to zoning violations should focus on corrective action pertaining to the violation itself.  Mr. Schumm also requested that the Board define exactly what it is they are willing to consider with regards to applications for corrective action of zoning violations.

 

2.  APPROVAL OF THE MINUTES FOR THE WEEK OF FEBRUARY 22, 2005

 

M O T I O N

 

Commissioner Wagner moved that the Board of County Commissioners approve the minutes for the week of February 22, 2005, as presented.

 

Motion carried 3-0.

 

3.  REVIEW OF THE SCHEDULE FOR THE WEEK OF MARCH 7, 2005Ms. 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 March 1, 2005: 

 

03012005A001           GARFIELD COUNTY COMMUNITY CORRECTIONS SUB-CONTRACT BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS, GARFIELD COUNTY COMMUNITY CORRECTIONS, AND LARIMER COUNTY COMMUNITY CORRECTIONS

 

03012005A002           AGREEMENT BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND STRUCTURES, INC.

 

03012005A003           INTERGOVERNMENTAL COOPERATIVE AGREEMENT BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS, THE DISTRICT ATTORNEY, LARRY ABRAHAMSON, THE LARIMER COUNTY DEPARTMENT OF HUMAN SERVICES, AND THE STATE OF COLORADO

 

03012005A004           AGREEMENT BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE STATE OF COLORADO, FOR THE USE AND BENEFIT  OF THE COLORADO DEPARTMENT OF TRANSPORTATION AND LARIMER COUNTY

 

03012005A005           AGREEMENT BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE STATE OF COLORADO, FOR THE USE AND BENEFIT OF THE DEPARTMENT OF LOCAL AFFAIRS AND LARIMER COUNTY

 

03012005A006           FIRST AMENDMENT TO DEVELOPMENT AGREEMENT FOR BIG HORN RIDGE SUBDIVISION AMENDED PLAT OF LOTS 1 & 2 BETWEEN THE BOARD OF COUNTY COMMISSIONERS, THE REDEEMER LUTHERAN CHURCH OF FORT COLLINS, AND BIG HORN RIDGE PROPERTY OWNERS ASSOCIATION, INC.

 

03012005R001           FINDINGS AND RESOLUTION APPROVING THE MEADOWLARK RIDGE CONSERVATION DEVELOPMENT PRELIMINARY PLAT AND SECTION 8.14.2.G APPEAL

 

03012005R002           FINDINGS AND RESOLUTION APPROVING AN AMENDED PLAT IN THE STANLEY HEIGHTS SUBDIVISION

 

MISCELLANEOUS DOCUMENTS:   Stanley Heights Subdivision Lots 41 & 42 Amended Plat; Department of Human Services Payment for January 2005.

 

LIQUOR LICENSES:   The following licenses were both issued and approved:  Heron Lake RV Park - 3.2% - Fort Collins, CO; HoBo Inc., dba La Chaumiere - Hotel and Restaurant - Lyons, CO.

 

Motion carried 3-0.

 

5.  ANNUAL REPORT ON W.O.L.F:  Ms. Delude briefed the Board regarding the W.O.L.F. facility, located in Rist Canyon.  Ms. Delude stated that the facility is required to submit an annual report to the Planning Department to inform the Board of compliance, non-compliance, and other related issues.  Ms. Delude explained that there are currently 35 dogs on site, and they are required to reduce this amount to 30; however, they were granted an extension which allows natural attrition to bring the count back down to 30.  Some discussion ensued regarding the acreage the facility is allowed to use for the dogs, road access to the facility, and whether or not visitors are allowed. Ms. Delude stated that visitors, in the form of general public, were not allowed; however, staff, care takers, veterinarians, etc., are permitted on site.  Ms. Delude noted that she has visited the site and from her inspection, it appears that they are in compliance.  Commissioner Wagner questioned what the life-span of a wolf is.  Ms. Evans stated that it can vary depending upon circumstances.   Ms. Delude noted that there has been a request to add more animals, an expansion from 30 to 60 dogs, and the owners have gone through a pre-application conference, but no formal application has been submitted at this time.   

 

6.  ENVIRONMENTAL ADVISORY BOARD (EAB) ANNUAL REPORT UPDATE:  Mr. Ryan presented the Board with the 2004 Environmental Advisory Board Annual Report; he noted that EAB representatives will be attending an upcoming Administrative Matters meeting in order for the Board to address any issues or answer any questions with regards to the report.  Mr. Ryan then briefly reviewed the report and explained the action log, which is a tool that the EAB uses to track categories of environmental issues and concerns.  Commissioner Wagner questioned why the EAB should be constrained in its consideration of issues, when other boards and commissions are not similarly limited by their bylaws.  Mr. Ryan stated that the change was requested by the Board of County Commissioners in 2004.  Mr. Lancaster stated that there was discussion by the Board to change the verbiage to insure there were some controls in place that could provide guidance to the EAB.  Chair Rennels stated that the intention was not to limit public input, which is demonstrated by the fact that each board and commission has a public comment session; she noted that this may have been misinterpreted and should be re-visited by the County Commissioners. 

 

7.   REVIEW AND APPROVE RESOLUTION TO SUPPORT SB-174 COUNTY OPEN SPACE SALES TAX EXEMPTION:  Ms. Cameron requested Board approval on a resolution to support SB-174; she noted the bill will provide counties with an important tool to protect open space and agricultural lands through conservation easements and fee title acquisition.  Ms. Cameron noted that SB-174 allows counties to ask voters for permission to exceed the statutory 1% cap on the sales and use tax by up to 1/2 of 1 percent if that additional increment is used for land conservation and stewardship.  Ms. Cameron explained that SB-174 is not a tax increase; it simply allows local voters to decide for themselves whether to dedicate funds to open space protection.  Ms. Cameron stated that 44 of 64 counties are currently at their statutory sales tax maximum on voter-approved sales and use tax authority, and SB-174 could be a critical new resource for financially constrained county governments interested in creating dedicated revenue for land acquisition.   Commissioner Wagner questioned if the term "stewardship" referred to maintaining the land.  Ms. Cameron replied in the affirmative, noting that currently the open space tax dollars cannot be utilized for maintenance purposes.  

 

M O T I O N

 

Commissioner Gibson moved that the Board of County Commissioners approve the resolution to support SB-174, regarding County Open Space Sales Tax Exemption.

 

Motion carried 3-0.

 

03012005R003           RESOLUTION IN SUPPORT OF SB-174, PENDING BEFORE THE STATE LEGISLATURE DURING THE 2005 SESSION

 

8.  LEGISLATIVE POSITION GUIDE: Mr. Gluckman noted that SB-174 (mentioned above) has passed the Senate and is now in the House and presumed to do well there.  He then presented the Board with the Legislative Position Guide, and discussed the additions that had been made to the document.  Mr. Gluckman requested the Board's approval of the guide and explained that once approved, he will present it to the local delegation.  Commissioner Wagner questioned why a section on Natural Resources was not included, as there are many bills being considered that pertain to water quality, air quality, and open space.  Mr. Gluckman asked to meet with Commissioner Wagner so that he could include her list of topics to adequately address the water bills and natural resources issues.

 

M O T I O N

 

Commissioner Wagner moved that the Board of County Commissioners approve the Larimer County Legislative Position Guide.

 

Motion carried 3-0.

 

9. COMMISSIONER REPRESENTATION ON I-25 ENVIRONMENTAL IMPACT STATEMENT (EIS) REGIONAL COORDINATING COMMITTEE:  Commissioner Wagner requested clarification as to which Commissioner would represent Larimer County on the I-25 Environmental Impact Statement Regional Coordinating Committee; she stated that her understanding would be that she would represent the County since she serves on the MPO council, and Commissioner Gibson would represent the County on State transportation issues.   Commissioner Wagner stated that Commissioner Gibson has expressed an interest in serving on the I-25 EIS committee; however, she would like to be the appointed representative.  Commissioner Gibson stated that in his opinion this committee deals with environmental issues; therefore he also has an interest in being designated as the appointed representative.   Commissioner Wagner stated that both can attend the meetings, but the question is who will officially represent the County in this capacity.  Commissioner Wagner then called for a vote. 

 

M O T I O N

 

Commissioner Wagner moved that the Board of County Commissioners appoint Commissioner Karen Wagner as the representative to serve on the I-25 Environmental Impact Statement Regional Coordinative Committee.

 

Under discussion of the motion, Commissioner Gibson stated that I-25 is simply the location; however, the issues have nothing to do with transportation.   As a friendly amendment to the motion, Chair Rennels stated it is important that one person represent the county on transportation issues, and one person represent the county on environmental issues.  Chair Rennels recommended that Commissioner Wagner represent the county in transportation issues, and Commissioner Gibson represent the county on environmental issues.  

 

Motion carried 3-0.

 

Mr. Lancaster asked if the I-25 EIS Committee ever takes formal action or votes on items.  Chair Rennels stated that if they do, then Commissioner Wagner would represent the county.  Commissioner Gibson stated that he did not agree, and again stressed that this is an environmental issue, not a transportation issue.  Some discussion ensued on clarifying the above vote.  Chair Rennels stated that in her opinion, the committee does deal with transportation issues, and further noted that Commissioner Gibson was originally appointed to the I-25 EIS Committee due to his previous position on the MPO and dealing with transportation issues; therefore, she would support Commissioner Wagner to represent the Board on the committee, since she is now appointed to serve on the MPO.

 

M O T I O N                                                                                     

Commissioner Wagner moved that the Board of County Commissioners appoint Commissioner Karen Wagner as the representative to serve on the I-25 Environmental Impact Statement Regional Coordinative Committee.

 

Motion carried 2-1; Commissioner Gibson dissenting.

 

10.  LEGISLATIVE UPDATE:  Mr. Gluckman stated that HB-1030, regarding private toll roads, has passed through the House and has moved to the Senate; he also noted that SB-135, which pertained to prohibiting counties from contracting with a bonding company prior to an election, was killed. 

 

Regarding the tolling meetings, Commissioner Gibson stated that the panel has concluded that tolling is a viable means of raising funds for roads.  Commissioner Gibson stated that one of his goals would be that the State provides a standardized tolling method for all entities utilizing this as an option to maintain roads.  Chair Rennels questioned if the panel has discussed the concern of those individuals that can barely afford to make it to work; and if they circumvent the main roads to avoid the tolls, how might this impact the side roads.   Commissioner Gibson stated that they have discussed how the parallel pathways may detract from use of the toll ways, but they have not talked about subsidizing individuals who might need financial assistance.

 

11.  WORKSESSION:   Mr. Lancaster informed the Board that the City of Loveland is proposing a new Urban Renewal Authority (URA) Tax Increment Financing (TIF) District in their downtown area, specifically in the old Walgreen's block; he noted that the City is going to separate this area from the URA already in place and it will not affect the County financially.

 

Chair Rennels stated that she has had a request from Donald and Virginia Larson, for the Board to re-hear their petition for a Minor Land Division (MLD) in order to make their non-legal lot in the Poudre Canyon a legal lot.  Chair Rennels explained that when the MLD was first heard on September 20, 2004, Mr. Larson thought the only discussion would be whether or not the lot could be made "legal"; however, much discussion ensued regarding further appeals that would be necessary, floodplain issues, etc., and as result, Mr. Larson felt he was unprepared and ultimately received "Hearing B", when he thought we was getting "Hearing A".   Chair Rennels further explained that the County Attorney stated it would be the Board's choice as to whether or not they would consider re-hearing this item.  Commissioner Gibson stated that he is not opposed to re-hearing the item, but questioned the precedent that it might set.  Mr. Helmick stated that the Planning Department would present the same packet at the hearing, and he does not think it would set a precedent if the Board decided to reconsider the item.  

 

M O T I O N  

 

Commissioner Gibson moved that the Board of County Commissioners allow Mr. Larson the right to have his appeal, File # 04-G0063, reconsidered by the Board.

 

Motion carried 3-0.

 

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

 

13.   LEGAL MATTERS:  Mr. Lancaster explained that they have received a request from Weld County for legal representation in a dependency and neglect case.  Mr. Lancaster explained that there is a conflict of interest in the case, and that is why Weld County is making this request.  Ms. Riley explained that typically the case would be transferred to Larimer County, but in this instance, the judge wants the case to stay in Weld County and they will reimburse Larimer County for attorney fees. 

 

M O T I O N

Commissioner Wagner moved that the Board of County Commissioners approve the request from Weld County for legal representation in a Dependency and Neglect Case in Weld County.

 

Motion carried 3-0.

 

EXECUTIVE SESSION:   Affidavit provided.

 

M O T I O N

 

Commissioner Gibson moved that the Board of County Commissioners go into Executive Session 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 Executive session ended with no action taken.  There being no further business, the meeting adjourned at 11:55 a.m.

 

 

 

 

                                                                        __________________________________________

                                    KATHAY RENNELS, CHAIR

                                                            BOARD OF COMMISSIONERS

 

SCOTT DOYLE

CLERK AND RECORDER

 

ATTEST

 

 

___________________________________

Gael M. Cookman, Deputy Clerk

 

 

 

 

 

 

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