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MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

 

Monday, APRIL 4, 2005

LAND USE HEARING

(#29)

 

The Board of County Commissioners met at 3:00 p.m. with Rob Helmick, Principle Planner.  Chair Pro-Tem Gibson presided and Commissioner Wagner was present.  Also present were:  Claudia Delude, Zoning Enforcement; Porter Ingrum, Matt Lafferty, and Sean Wheeler, Planning Department; Traci Downs, Engineering Department; Jeannine Haag, Assistant County Attorney; and Gael Cookman, Deputy Clerk.

 

Chair Pro-Tem Gibson opened the meeting with the Pledge of Allegiance, and asked for public comment on the County Budget and Land Use Code.  No one from the audience addressed the Board regarding these topics.  Chair Pro-Tem Gibson noted that staff is requesting removal of item #1, concerning the Graves Zoning Violation, as the property owner is now in compliance.  Chair Pro-Tem Gibson noted that the following item is on the consent agenda and will not be discussed unless requested by the Board, staff, or members of the audience:

 

2.  AMENDED PLAT OF LOTS 18, 19, 20, AND 21, BLOCK 8, OF THE AMENDED MAP OF BERTHOUD-DALE SUBDIVISION; 05-S2402:  This is a request to amend the plat of Berthoud-Dale Subdivision to combine two lots and adjust the common lot line between lots 20 and 21.  The applicant is also proposing building envelopes to be shown on the plat.  Those within 100-feet of the Big Thompson River. Section 8.17.2 (B) requires a minimum 100-foot setback from all streams, creeks and rivers or a variance from this requirement must be obtained.  To date, a variance from this requirement has not been obtained. The proposed building envelopes on this amended plat must be removed prior to recordation.  No objections to this proposal have been received from any of the surrounding neighbors.  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 combine two lots and adjust the common lot line between lots 20 and 21 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 recommends approval of File #05-S2402 the Amended Plat of Lots 18, 19, 20 and 21, Block 8, of the Amended Map of Berthoud-Dale Subdivision, subject to the following conditions and authorization for the Chair to sign the plat when the conditions are met and the plat is presented for signature:  1. The Final Plat shall be recorded by October 5, 2005 or this approval shall be null and void.  2.  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. 3. Prior to recordation of the Final Plat all proposed building envelopes shall be removed from the Amended Plat.

 

M O T I O N

 

Commissioner Wagner moved that the Board of County Commissioners approve the consent agenda as outlined above.

 

Motion carried 2-0.

 

3.  SHREINER SAWMILL SITE PLAN FEE APPEAL; 05-SP0151:  This is an appeal to request a reduction of the current fee (2005) for Site Plan review to the 2004 fee.  Following the direction of the Board of County Commissioners at the December 13, 2004 public hearing, the applicant prepared and submitted a Site Plan for review and approval by Staff for the sawmill use.  The applicant submitted the site plan for review in February, 2005 but seeks approval to have the 2004 Site Plan fee applied to the request.  The basis for this request is that the applicants received approval for the Special Review use in 2004 and so the 2004 Site Plan fee should apply.  Staff does not support the reduced fee, because the current Site Plan is a new application.  Under the normal procedures, the application fee used for any request is the one in place when the request is made.  In the case of Site Plan reviews, the fee was raised in 2005 in part because a recognition that the previous fee did not provide for the actual Staff time required to review Site Plans.  This request is a typical Site Plan that will require a standard level of review by Staff, thus a reduced fee is not warranted.  The Development Services Team recommendation is for denial of the request to reduce the Site Plan review fee for the Shreiner Sawmill Site Plan.

 

Mr. Wheeler explained that Staff opinion is that the fees in place at the time of the request are the fees that should apply.  The applicant, Steve Shreiner, addressed the Board and stated that when he submitted that application and was informed of the fee increase, Staff also informed him of his right to appeal to the Board of County Commissioners for a fee reduction.  Chair Pro-Tem Gibson asked what the increase in fees amounted to.  Mr. Helmick replied that in this instance, the fees increased from $300 to $1300.  Mr. Wheeler stated that it is Staff's responsibility to inform applicants of their right to appeal; however, staff does not necessarily support such appeals.  Chair Pro-Tem Gibson questioned how many other applicants might be affected within this time frame.  Mr. Helmick stated that there would not be many, although it is difficult to say, as some applicants may have been quoted the old fees last year, and choose to wait four or five months before actually submitting an application.  Commissioner Wagner asked if applicants were informed in advance of the upcoming fee increase.  Mr. Helmick stated that the Planning Department used normal press coverage to inform the public of the fee increases, but that they did not pin-point or inform specific applicants, due to the fact that this might be viewed as a half-hearted attempt to disseminate the information.  Mr. Helmick also noted that during the month of January, as new applications were submitted, if the applicant had been quoted the old fee, then they honored that fee.  Commissioner Wagner stated that although she would not support reducing fees on a regular basis, the fact that this application was approved towards the end of 2004 and came in so close to the change in fee schedules, she would support a compromise regarding the fees.  Chair Pro-Tem Gibson noted that he also is not inclined to deviate from the fee schedule on a normal basis, but would support a reduction in this case. 

 

M O T I O N

 

Commissioner Wagner moved that the Board of County Commissioners approve reducing the Site Plan fees for the Shreiner Sawmill Appeal, File #05-SP0151, to $800.00 for this application.

 

Motion carried 2-0.

 

There being no further business, the meeting adjourned at 3:20 p.m.

 

TUESDAY, APRIL 5, 2005

 

ADMINISTRATIVE MATTERS

(#29 & 30)

 

The Board of County Commissioners met at 9:00 a.m. with County Manager Frank Lancaster.  Chair Pro-Tem Gibson presided and Commissioner Wagner was present.  Commissioner Rennels was present for a portion of the meeting via teleconference.  Also present were: Donna Hart, and Deni LaRue, Commissioner’s Office; Larry Timm, Al Kadera, and Matt Lafferty, Planning Department;  Jay Hardy, Fairgrounds and Events Center; Marc Engemoen, Public Works; Ginny Riley, and Angela Mead, Health and Human Services; Joe Ferrando, and Lisa Summers, Community Corrections; Gary Buffington, and Patricia Brennan, Parks and Open Lands Department; Wynette Cerciello, Human Resources Department; Jeannine Haag, County Attorney's Office; and Gael Cookman, Deputy Clerk.

 

1.  PUBLIC COMMENT:  Clive Tyler and Don and Jan Creager addressed the Board with complaints regarding the Dry Creek Storage business that is adjacent to their properties.  Mr. Tyler noted that the property was approved for the business as long as proper screening by use of berms, fencing, and trees were erected.  He noted that they have been patient as neighbors; however, a year has passed and there is still no screening in place.  Mr. Creager noted that the business consists of storage of tractor trailers and that the owners are not parking the trailers where they were approved for storage.  Mrs. Creager stated that the improper screening and noise has negatively affected her horse business, as her trainer quit, and the horses get spooked so she had to move them off site and is now paying to store them elsewhere.  Some discussion ensued, with Chair Pro-Tem Gibson explaining that all they could do at this point was listen to the complaint.  Mr. Lafferty noted that he would schedule a discussion with the Board regarding this issue in an upcoming Legal Matters session.

 

2.  APPROVAL OF THE MINUTES FOR THE WEEK OF MARCH 28, 2005

 

M O T I O N

Commissioner Wagner moved that the Board of County Commissioners approve the minutes for the week of March 28, 2005, as amended.

 

Motion carried 3-0.

 

3.  REVIEW OF THE SCHEDULE FOR THE WEEK OF APRIL 11, 2005Ms. Hart reviewed the upcoming schedule with the Board.

 

4.   CONSENT AGENDA: 

 

M O T I O N

 

Commissioner Rennels moved that the Board of County Commissioners approve the following items as presented on the Consent Agenda for April 5, 2005: 

 

PETITIONS FOR ABATEMENT:  As recommended by the County Assessor, the following petitions for abatement are approved:   Tesitor, Marian (2 Parcels); Minde, Deborah; Mather, Timothy; Daugherty, Mary; Nelson, Chris & Courtney; Sanderson, Eric & Gina; Snider, Kile & Laura; Wilkinson, Ivan & Virginia; Nydegger, John & Jeanne; Davis, Lowry & Brigitte; Shellberg, Gail & Shirley; Eisen, Jonathan & Karen; Thomas, Nicholas; Kaufman, Perry; Temple, Sylvia, Newlin & Sandra; Barber, Danna; Dodds, Terry & Jennifer; Brown, Christopher & Mary; Tarka, Mathew & Kimberly; Lawson, Ellen; Crosby, Robert & Norma; West, Ernest, III;  Koschene, Cherle: Custis, Kristi: Nass, Stephen & Marva.

 

04052005A001           DEVELOPMENT AGREEMENT FOR HOMESTEAD VALLEY SUBDIVISION FILE #03-S2083, BETWEEN THE BOARD OF COUNTY COMMISSIONERS, DAVID AND JULIE MORROW, AND WILLIAM AND MOLLYE MARROW

 

04052005D001           DEED OF DEDICATION BY ANTHONY A. CAMPANA AND DOMINICK CAMPANA FOR SAID PROPERTY AS A PUBLIC HIGHWAY

 

04052005D002           DEED OF DEDICATION BY DEAN ACRES HOMEOWNERS ASSOCIATION OF SAID PROPERTY AS A PUBLIC HIGHWAY

 

04052005R001           RESOLUTION REGARDING EXTENSION OF APPROVAL FOR TERRY SHORES 1ST FILING LOTS 44 & 45 AMENDED PLAT AND VACATION OF UTILITY AND DRAINAGE EASEMENT

 

MISCELLANEOUS DOCUMENTS:  Department of Human Services Payment for February 2005; Homestead Valley Subdivision Final Plat; Public Trustee Fourth Quarter Report and Annual Report; Impact Assistance Grant Application for Payment in Lieu of Taxes from the Colorado Division of Parks and Outdoor Recreation; Grant Proposal for 2005 Edward Byrne Memorial Justice Assistance Grant Program; Agreement and Release Between Employee and the Board of County Commissioners; Policy 100.2J Signature Authority for County Documents; Approve Personnel Authorization for Larimer County Workforce Center.

 

LIQUOR LICENSES:  The following licenses were both issued and approved:  US Bar & Grille - Hotel & Restaurant Transfer of Ownership with Temporary Permit - Fort Collins; Overland Foods - 3.2% - LaPorte.

           

Motion carried 3-0.

 

5.   PROPOSAL FOR GROUND LEASE FOR HOTEL:  Mr. Hardy explained that he has been in negotiations with John Q. Hammons hotels for almost one year to place an Embassy Suites Hotel and Convention Center on 9.2 acres at the southwest corner of the Fairgrounds site. Mr. Hardy displayed a rendition of the proposal noting that the project consists of the hotel which will provide approximately 280 rooms and an 80,000 square foot convention center.  The projected cost of construction is $35 million.  Mr. Hardy stated that the agreement calls for construction to begin in April, 2006, and be completed within 20 months.  Larimer County will lease the land for a term of 55 years with mutual extension opportunities.  Lease revenue from the agreement will grow for the first four years from .5% of gross sales in year one, to 1.5% in years 4 - 55.  Annual projections ranges from $45,000 - $60,000 in year one, to $200,000 plus per year, beginning in year four.  Mr. Hardy noted the advantages of this proposal as follows:  The existence of a hotel on the fairgrounds will be advantageous to booking of future shows and has been a part of the master plan from the beginning.  Projected revenue will further assist opportunities to build out other visions from the master plan.  The sales tax that was earmarked for the fairgrounds will cease to exist in the year 2019; this project could offset that loss of dollars.  Mr. Hardy then outlined the possible disadvantages:  That the hotel does not do as well as expected; therefore, the revenues received would not be as great.  The creation of additional traffic in the vicinity.  Some level of competition to existing facilities.  A lengthy discussion ensued regarding this topic.  Commissioner Wagner had the following concerns:  1. There has not been enough public process with regards to this proposal.  2.  They had only received a copy of the lease agreement the day prior to this meeting, and that is not enough time to review for thoroughness.  3.  There is a question of inadequate public facilities, as the roadways surrounding the fairgrounds would need to be improved to handle the additional traffic.   4.  The question of whether or not convention centers will indeed remain viable in the future.  5.  Is Embassy Suites the proper fit for the fairgrounds?  6.   Should the proposal be put out to bid nationally, rather than sole sourced with John Q. Hammons?   Commissioner Wagner stated that for these reasons she would prefer to table this issue in order to have more time to review it. 

 

Mr. Engemoen noted that as part of this proposal, the frontage road would have to be moved and connected to Clydesdale road, before the hotel could even begin construction.  Mr. Engemoen noted that this would be most beneficial to the traffic situation.  Discussion ensued regarding improvements to the intersection at I-25, and when they would take place and who is responsible for the improvements.  Mr. Hardy stated that they looked for the highest quality developer and settled on John Q. Hammond as he was a developer that would step out and put the funds up front where most developers would not.  Mr. Lancaster pointed out that a hotel would be going up in the area either on the County's property, or on neighboring private property.  He stated that there still will be the same traffic impacts, but at least if the hotel is located on County property, then there will be profit sharing to the County.  Both Commissioner Rennels and Chair Pro-Tem Gibson were not in favor of tabling this item.  Commissioner Rennels stated that Mr. Hardy had worked long and hard on this project and that there has been due diligence in researching options and in selecting a solid developer for the project.  Commissioner Rennels noted that information regarding this project has been published, the frontage road will be moved as a result of these efforts, and hopefully the additional customers and revenue will trigger the improvements to the I-25 intersection sooner.   Chair Pro-Tem Gibson concurred with Commissioner Rennels and noted this was a worthy project to move forward on.  Commissioner Wagner stated that her hesitancy in approving the project at this time was based on her concerns as outlined above and she offered the following motion:

 

M O T I O N

 

Commissioner Wagner moved that the Board of County Commissioners table this item for one week in order to extend the public process for this item.

 

Motion failed 1-2, Commissioner Gibson and Rennels dissenting. 

 

M O T I O N

 

Commissioner Rennels moved that the Board of County Commissioners approve the Ground Lease legal document to support leasing approximately 9.2 acres of Larimer County owned land at the southwest corner of the Fairgrounds.

 

Motion carried 2-1, Commissioner Wagner dissenting.

 

04052005A002           GROUND LEASE FOR HOTEL BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND JOHN Q. HAMMONS TRUSTEE, JOHN Q. HAMMONS REVOCABLE TRUST

 

At this time Commissioner Rennels left the meeting.

 

6.   CHILD ABUSE PREVENTION PROCLAMATION:   Ms. Mead requested the Board proclaim the month of April as Child Abuse Prevention Month.  Ms. Mead stated that they would like to promote community efforts to acknowledge that children are our most valuable resource.  Commissioner Wagner read the proclamation aloud.

 

M O T I O N

 

Commissioner Wagner moved that the Board of County Commissioners proclaim the month of April as Child Abuse Prevention Month.

 

Motion carried 2-0.

 

7.   RETAIN WORK PARTICIPATION INCENTIVE BONUS:  Ms. Riley noted that each year the Department of Human Services uses money from its County appropriation to match dollars in order to draw down Larimer County's allocation for the Temporary Assistance for Needy Families (TANF) program.   Ms. Riley stated that all states receive an incentive bonus (refund) from the Federal Government if the state meets the work participation requirements associated with this program.  Ms. Riley noted that Larimer County has received a refund check in the amount of $310,552.29, and she requested that these funds be retained by the Department of Human Services, as the refund check is made out to Larimer County and without Board approval to retain the money, it would go directly into the General Fund. 

 

M O T I O N

 

Commissioner Wagner moved that the Board of County Commissioners approve the Department of Human Services to retain the $310,552.29 from the State of Colorado for the TANF Work Participation Incentive Bonus in the Social Services Fund.

 

Motion carried 2-0.

 

8.  2005 BYRNE/JUSTICE ASSISTANCE GRANT (JAG) PROPOSAL:  Mr. Ferrando requested Board approval to apply for a grant that will establish a community-based diversion program for mentally ill offenders, under the administration of Community Corrections.  Chair Pro-Tem Gibson noted that the grant funds are earmarked for 4 years of program start-up, and questioned the likelihood of continuing this program.  Mr. Ferrando stated that their intention is to keep the program in place beyond the first 4 years; however, they would need to evaluate it and make sure the program is working effectively.  Commissioner Wagner questioned where the program will be located.  Mr. Ferrando stated that it will be co-located at the Larimer Center for Mental Health.

 

M O T I O N

 

Commissioner Wagner moved that the Board of County Commissioners approve the submission of Larimer County's application for 2005 JAG funding to establish the Diversion for Mentally Ill Offenders program.

 

Motion carried 2-0.

 

9.  UPDATE ON PARKS VOLUNTEER PROGRAM:  Ms. Brennan explained that the Parks Volunteer Program is now seven years old, and there were approximately 2500 volunteers that worked on various Parks and Open Lands projects in 2004.  Ms. Brennan presented a slide show for the Board which outlined the program in depth.  Ms. Brennan stated that she makes every attempt to match volunteers with the programs they are most interested in. Ms. Brennan then introduced Carl Sorrentino, a volunteer with the Parks Department for four years.  Mr. Sorrentino displayed some of the props that he uses to educate the public on the various environmental and ecological aspects of nature.  The Board thanked them for the update and congratulated them for implementing such a successful program.

 

At this time Mr. Lancaster requested the Board postpone the next two items on the agenda pertaining to the Information Technology Service Delivery Model Concepts, and the request to donate stone to the City of Loveland.

 

M O T I O N

 

Commissioner Wagner moved that the Board of County Commissioners postpone the Information Technology Service Delivery Model Concepts, and the Request to Donate Stone to the City of Loveland agenda items.

 

Motion carried 2-0.

 

10.  APPROVAL OF CHANGE IN TRAINING POLICY 901 - SECTION C - TUITION ASSISTANCE:  Ms. Cerciello explained that the revised policy and new procedures contain three changes:  1.  Raising the amount of the annual reimbursement for tuition assistance from $250 to $500 per calendar year, per regular employee, effective January 1, 2005.  2.  Paying the full approved amount after successful completion of the class, rather than paying half before the class begins and half after completion.  3.  The policy itself has been restructured to utilize more general language.  The specific procedures for implementing the policy are now in a separate procedures document instead of being written directly into the policy.   Ms. Cerciello requested Board approval on the above noted changes, and the Board supported these changes.

 

M O T I O N

 

Commissioner Wagner moved that the Board of County Commissioners approve changes in the "Training Policy 901-Section c. Tuition Assistance" to be effective retroactively to January 1, 2005.

 

Motion carried 2-0.

 

11.  LEGISLATIVE UPDATE:  There were no legislative items to discuss.

 

12.  WORKSESSION:  Mr. Lancaster explained that the City of Fort Collins is proposing to modify the North College Urban Renewal Authority (URA) to include an additional 137 acres, most of which is undeveloped land.  Mr. Lancaster noted that the City of Fort Collins has requested written comments from the Board of County Commissioners by April 12, 2005, regarding this proposal.  Some discussion ensued and the Board directed Mr. Lancaster to draft a letter on behalf of the Board noting their opposition to this proposal unless the City were to reimburse the County for the cost of the loss of tax revenue the County would have received over the 25 year time span.

 

M O T I O N

 

Commissioner Wagner moved that the Board of County Commissioners approve the drafting of the letter to the City of Fort Collins concerning their opposition to the addition of 137 acres of primarily undeveloped land in the North College URA, and authorize the Chair to sign such letter.

 

Motion carried 2-0.

 

Mr. Lancaster informed the Board that the owner of Eddie's Towing business has requested a meeting with the Board regarding the fact that the Sheriff will not use him as an option for towing when they ticket vehicles.  Commissioner Wagner suggested having the business owner come to public comment during Administrative Matters, and possibly have a representative from the Sheriff's Office present as well. 

 

Finally, Mr. Lancaster wanted to publicly recognize that this was Betty Maloney's last day for taking notes on behalf of the League of Women Voters.  Both Chair Pro-Tem Gibson and Commissioner Wagner stated that Ms. Maloney has done an outstanding job for this organization and asked Mr. Lancaster to send her a thank you note on their behalf. 

 

13.  COMMISSIONER ACTIVITY REPORTS:  The Board set aside this portion of the meeting due to time constraints.

 

14.  LEGAL MATTERS:  Ms. Haag noted that a personnel matter was heard by a hearing panel whose job was to consider the information presented and then make a recommendation to the Board as to whether that particular action should be upheld or not.  The panel unanimously recommended that the employment action with respect to Mr. Mills be affirmed.

 

M O T I O N

 

Commissioner Wagner moved that the Board of County Commissioners adopt the recommendation of the hearing panel concerning the Mills personnel matter.

 

Motion carried 2-0.

 

EXECUTIVE SESSION - Affidavit provided.

 

M O T I O N

 

Commissioner Wagner moved that the Board of County Commissioners go into Executive Session for legal advice as outlined in 24-6-402 (4)(b) C.R.S.

 

Motion carried 2-0.

 

The Executive Session ended and the meeting adjourned at 12:30 a.m. with no further action taken.

 

                                                                        __________________________________________

                                    GLENN W. GIBSON, CHAIR PRO-TEM

                                                            BOARD OF COMMISSIONERS

 

SCOTT DOYLE

CLERK AND RECORDER

 

ATTEST:

 

___________________________________

Gael M. Cookman, Deputy Clerk