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   MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

 

Monday, MARCH 14, 2005

 

LAND USE HEARING

(#20)

 

The Board of County Commissioners met at 3:00 p.m. with Rob Helmick, Principle Planner.  Chair Rennels presided and Commissioners Wagner and Gibson were present.  Also present were:  Porter Ingrum, Planning Department; Roxann Hayes, Engineering Department; Claudia Delude, Zoning Enforcement; Jeannine Haag, Assistant County Attorney; and Gael Cookman, Deputy Clerk.

 

Chair Rennels opened the meeting with the Pledge of Allegiance and observed that no one was in attendance to comment on the Larimer County Land Use Code and the County Budget; she then encouraged individuals to comment on-line at www.larimer.org.  Chair Rennels noted that item #1, regarding the Shultz Zoning Violation, File #04-ZV0205, is being tabled until April 18, 2005, at 3:00 p.m., per staff's recommendation.  Chair Rennels then explained that the following item is on consent and would not be discussed unless requested by the Board, staff, or members of the audience:

 

2. CRYSTAL LAKES SUBDIVISION 14TH FILING LOTS 46A AND 57 LOT CONSOLIDATION; 05-S2396:  This is a request to combine two contiguous lots in the 14th filing of the Crystal Lakes Subdivision into one lot.  No neighbors have voiced 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 Larimer County Engineering Department Development Review Team.  The Larimer County Building Department has also reviewed this application and has indicated that Building Permit 98-R4035 has expired without all required inspection approvals.  In addition to renewing this permit, two other structures associated with this property must obtain final inspection.  Staff summary and conclusions:  The proposed Lot Consolidation for Lots 46A and 57 14th filing in Crystal Lakes Subdivision will not adversely affect any neighboring properties or any County agency.  The Lot Consolidation 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 the Lot Consolidation of Lots 46A and 57 14th filing in the Crystal Lakes Subdivision (#05-S2396) to be known as Lot 1A of the Lot Consolidation of Lots 46A and 57 in the Crystal Lakes Subdivision 14th filing subject to the following conditions:  1. The resultant lot is subject to any and all covenants, deed restrictions or other conditions that apply to the original lots.  2.  All conditions shall be met and the final executed deed and resolution of the County Commissioners recorded by September 14, 2005 or this approval shall be null and void.

 

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.

 

TUESDAY, MARCH 15, 2005

 

ADMINISTRATIVE MATTERS

(#20)

 

The Board of County Commissioners met at 9:30 a.m. with Assistant County Manager Neil Gluckman.  Chair Rennels presided and Commissioners Wagner and Gibson were present.  Also present were: Donna Hart, and Deni LaRue, Commissioner’s Office; Dale Lockwood, and Ray Herrmann, Environmental Advisory Board; Doug Ryan, Environmental Health Department; Gary Buffington, Parks & Open Lands; Mike Carroll, and Jennifer Gorek, Weed District; Marc Engemoen, Public Works; Rusty McDaniel, and Joe Temple, Engineering Department; Larry Timm, Planning Department;  Stephen Gillette, Solid Waste Department; George Hass, and Jeannine Haag, County Attorney's Office; and Gael Cookman, Deputy Clerk.

 

1.  PUBLIC COMMENT:   No one addressed the Board with public comment.

 

2.  APPROVAL OF THE MINUTES FOR THE WEEK OF MARCH 7, 2005

 

M O T I O N

 

Commissioner Wagner moved that the Board of County Commissioners approve the minutes for the week of March 7, 2005, as amended.

 

Motion carried 2-0, Chair Rennels abstained.

 

3.  REVIEW OF THE SCHEDULE FOR THE WEEK OF MARCH 21, 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 15, 2005: 

 

03152005A001           HYDRAULIC MODELING & ENGINEERING SERVICES AGREEMENT BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND OWEN W. AYRES & ASSOCIATES, INC.

 

03152005A002           DEVELOPMENT AGREEMENT FOR VISTA GRANDE PLANNED DEVELOPMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS, VISTA GRANDE LLC, AND THE VISTA GRANDE HOMEOWNERS ASSOCIATION

 

03152005A003           AMENDMENT TO THE DEVELOPMENT AGREEMENT AND RESIDUAL LAND USE RESTRICTIONS BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND PHELDOR INVESTMENTS, LLC, AND RISTVUE I PROPERTY OWNERS ASSOCIATION

 

03152005R001           RESOLUTION REGARDING EXTENSION OF APPROVAL OF AMENDED PLAT FOR GRAY EXEMPTION PARCEL 2 AMENDED PLAT

 

03152005R002           FINDINGS AND RESOLUTION APPROVING THE NAME CHANGES OF EXISTING NORTHEAST QUADRANT COUNTY NUMBERED ROADS TO COINCIDE WITH CITY OF FORT COLLINS STREET/ROAD NAMES

 

03152005R003           FINDINGS AND RESOLUTION APPROVING THE 2003 INTERNATIONAL FIRE CODE AMENDMENTS FOR THE WINDSOR-SEVERANCE FIRE PROTECTION DISTRICT

 

03152005R004           RESOLUTION FOR STATUTORY VESTED RIGHTS FOR VISTA GRANDE PLANNED DEVELOPMENT (FILE #00-S1683)

 

03152005R005           RESOLUTION FOR THE RELEASE OF RESTRICTION ON SALE OF LOT IN MOUNTAIN RIVER RANCH ESTATES CONSERVATION DEVELOPMENT

 

MISCELLANEOUS DOCUMENTS:  Vista Grande Planned Development Final Plat; Monitoring and Permit Deviation Semi-Annual Report; Colorado Division of Wildlife Impact Assistance Grant Application.

 

LIQUOR LICENSES:  The following licenses was both issued and approved:  Jackson's #313 - 3.2% - Fort Collins.

           

Motion carried 3-0.

 

5. DISCUSSION OF ISSUES AND DIRECTION FOR THE ENVIRONMENT ADVISORY BOARD (EAB):   Mr. Ryan stated that the purpose of this meeting was to follow up on the 2004 EAB report and the action log that was submitted to the Board two weeks ago.  Mr. Lockwood explained that the EAB is most interested in maintaining two-way communication with the Board and asked if there were any outstanding issues regarding the report, the action log, the by-laws, or environmental issues in general.  Commissioner Wagner noted that there are some Chronic Wasting Disease holding pens located on the University Foothills Campus, adjacent to the City's water treatment plant and although this is more of a Board of Health issue, she wanted to be sure the EAB was aware of it; she also recommended that a representative from the EAB attend the Board of Health meetings on occasion.  Mr. Lockwood stated that they are aware of this and the EAB has a good amount of information on Chronic Wasting Disease that they could share with the Board. Mr. Lockwood stated that he does attend the Board of Health meeting on a regular basis, since health issues are sometimes linked to environmental issues.  Commissioner Wagner also stated that the EAB should maintain its original direction and allow EAB members to generate some of their own agenda items and accept items from the public as well.  Commissioner Gibson questioned why the budget is listed on the action log.  Mr. Herrmann stated that it is listed mainly as a reminder for the EAB to look at the budget and use it as a tool for alerting them to environmental issues that they may not have realized elsewhere.  Some discussion ensued regarding the action log and the Board requested the EAB list only the action items on their action log, and those items that are inactive or are simply being watched should be placed and tracked on a separate spreadsheet.   The Board thanked Mr. Ryan and Mr. Lockwood and all the members of the EAB for their hard work and awareness regarding environmental issues countywide. 

 

6.   ADDITION OF TAMARISK TO LARIMER COUNTY'S NOXIOUS WEED LIST:  Mr. Carroll stated that Larimer County is experiencing a rapid establishment of tamarisk infestations due to the recent drought; he noted that they have been monitoring this situation for the past three years and is now requesting that the Board add tamarisk to Larimer County's weed species mandated for control.  In order to do this, Mr. Carroll continued, the Board must schedule a public hearing in accordance with Colorado Revised Statutes 35-5.0-108(3), to declare tamarisk a noxious weed in Larimer County, which will allow enforcement and cost share measures to be applied in controlling this weed.   Chair Rennels questioned if funds would be available from the State if they were to ever list tamarisk as a noxious weed.  Mr. Carroll stated that yes; the county could receive State funding in the future.  Commissioner Wagner asked how active the irrigation companies were regarding this issue.  Mr. Carroll stated that the Weed District has held meetings with the irrigation companies and reservoir owners, and they have been very receptive to eradicating tamarisk since this is more of an economic issue for them as it depletes their resources.  Mr. Gluckman questioned whether this item being brought before the Board today is to be considered the first reading of the ordinance to declare tamarisk a noxious weed.  Mr. Carroll replied in the affirmative.  Commissioner Gibson asked how much it would cost to implement this.  Mr. Carroll stated that there would be a slight increase in cost sharing, but they have acquired additional revenue for cost sharing through their enterprise funds and through the Division of Wildlife Habitat Partnership Program and some grant funding from the National Fish and Wildlife Foundation.   The Board supported this action.

 

M O T I O N

 

Commissioner Wagner moved that the Board of County Commissioners approve the addition of Tamarisk to the Larimer County Noxious Weed list.

 

Motion carried 3-0.

 

7. INFORMATION REGARDING A ROAD CONSTRUCTION PROJECT ON OVERLAND TRAIL:   Mr. Engemoen informed the Board that they will be notifying residents this week of a road improvement project that will occur on Overland Trail, from Mulberry Street north to dean Drive, beginning in May 2005.  Mr. Engemoen stated that the project is being divided into two phases, which are being scheduled during the summer months, in order to reduce impacting the public with detours during the school year.  Some discussion ensued regarding whether or not residents could "cut through" the Wakonda neighborhood.  Mr. Engemoen stated that the residents of that neighborhood recently formed a public improvement district and maintains their own roads; therefore, traffic would not be allowed to utilize this neighborhood as a detour route.  Mr. Engemoen stated that he has scheduled a work session with the Board on March 21, 2005, to discuss this project in further detail, but felt it was important to inform the Board that notices would be mailed this week as concerned citizens may e-mail or call the Commissioners with questions or complaints.

 

8.  DECISION REGARDING CANCELING PUBLIC MEETINGS ONCE NOTICE HAS BEEN POSTED: Mr. Timm noted that recently a public hearing on a code violation was cancelled by staff because the property owner made necessary corrections and was found to be in compliance, and it was the only item on the agenda.  Mr. Timm requested guidance from the Board on whether to hold the public hearing in these rare situations, or to cancel the public hearing as soon a possible.  The Board agreed that they would prefer to have the hearing if the notice to the public has already been posted, due to the fact that someone may appear for public comment, and there should be a record of this action listed in the minutes for future reference.

 

9.  VOTE ON COLORADO COUNTIES INC. TREASURER POSITION:  Chair Rennels explained that there is an opening to fill the Colorado Counties Inc., (CCI) Treasurer position and noted that Commissioner Mike Maxwell from Douglas County, and Commissioner Frank Weddig from Arapahoe County have submitted their names to fill the position.  The Board agreed that Commissioner Mike Maxwell has more experience and would support recommending him for the position.

 

M O T I O N

 

Commissioner Gibson moved that the Board of County Commissioners support Mike Maxwell as Larimer County's recommendation for CCI Board Treasurer.

 

Motion carried 3-0.

 

10.  LEGISLATIVE UPDATE:  Mr. Gluckman invited Stephen Gillette, Solid Waste Director, to update the Board on HB-1256, the recycling bill.  Mr. Gillette explained the amendments to HB-1256 noting there are still some items that could cause potential problems based upon the definitions regarding the beneficial use of alternate daily covers for landfills being too subjective.  Mr. Gillette explained that the bill calls for establishing a commission to be appointed by the Governor and will consist of individuals from industry, local governments, and non-profit organizations, but does not assure that the individuals would be knowledgeable about solid waste or recycling.   Mr. Gillette also updated the Board on SB-141, which pertains to disposal of waste from motorized equipment.  Chair Rennels asked Commissioner Wagner if she could work on setting up a meeting with Mr. Gillette and Representative Paccione, who is sponsoring HB-1256, so they could discuss the details of this bill.

 

11.  WORKSESSION:   Commissioner Wagner noted that she received a call from David Budge, with the Poudre Landmarks Foundation, and he requested the Board to write a letter of support to the State Historical Society for a grant they are in need of to continue work on the old Fort Collins Water Works building, located in LaPorte.  The Board agreed to this, and Mr. Gluckman will prepare the letter of support and present it for signature at Administrative Matters next week. 

 

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

 

13.   LEGAL MATTERS:  Ms. Haag requested the Board appoint Judge Donald Abram as the Hearing Officer for an Employee Grievance Hearing.

 

M O T I O N

 

Commissioner Gibson moved that the Board of County Commissioners appoint Judge Donald Abram as the Hearing Officer for an Employee Grievance Hearing.

 

Motion carried 3-0.

 

Mr. Hass explained that there is a lawsuit being filed by Michael Lingk against the Sheriff and members of his department.  Mr. Hass noted that after reviewing the Sheriff's incident reports he believes this is an appropriate case for the county to defend. 

 

M O T I O N

 

Commissioner Wagner moved that the Board of County Commissioners allow the County Attorney to defend and indemnify the Sheriff's Office defendants in the lawsuit case brought by Michael Lingk.

 

Motion carried 3-0.

 

There being no further business, the meeting adjourned at 11:10 a.m.

 

 

                                                                        __________________________________________

                                    KATHAY RENNELS, CHAIR

                                                            BOARD OF COMMISSIONERS

 

SCOTT DOYLE

CLERK AND RECORDER

 

ATTEST:

 

___________________________________

Gael M. Cookman, Deputy Clerk 

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