> Meetings & Minutes > Commissioners' Minutes > BCC Minutes for 06/27/05  

MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

 

 Monday, JUNE 27, 2005

 

LAND USE HEARING

(#60)

 

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:  Geniphyr Ponce-Pore, and Matt Lafferty,  Planning Department; Traci Downs; Engineering Department; Doug Ryan, Environmental Health Department;  George Hass, County Attorney; and Gael Cookman, Deputy Clerk.

 

Chair Rennels 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 Rennels noted that Item #1, regarding the Stuart Appeal to Section 8.14.2.I, is removed from the agenda.  Chair Rennels then explained that the following items are on consent and would not be discussed unless requested by the Board, staff, or members of the audience:

 

2.  SOUTH MOFFIT PARK 1ST FILING LOTS 22 & 23 AMENDED PLAT; 05-S2407:  This is a request for an Amended Plat of South Moffet Park First Filing, Lots 22 and 23, in order to memorialize the transfer of a portion of Lot 23 to Lot 22, as recorded at Reception Number 2004114099.  This will assure that the fence that is owned by the owners of Lot 23 is entirely on their property.  Lot 1 (formerly Lot 22 and 4.667 acres) is proposed to be 5.02 acres; Lot 2 (formerly Lot 23 and 4.489 acres) is proposed to be 4.13 acres. As both lots are zoned O-Open with a minimum lot size of 10 acres, amending and reducing the acreage of Lot 23 from 4.489 acres to 4.13 required a lot size variance.   A Lot Size Variance (File #05-BOA0556) was approved on May 24, 2005 by the Board of Adjustment.  There have been no objections to this proposal by 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 Larimer County Engineering Department Development Review Team. The Land Surveyor of the Larimer County Engineering Department has requested several technical corrections to the plat document, but has no objections to the proposal. The proposed Amended Plat of Lots 22 and 23 of South Moffet Park, First Filing reconfiguring the common lot line, will not adversely affect any neighboring properties or any County agency.  The proposal will not result in any additional buildable lots. The Development Review Team finds that the request meets the requirements of the Larimer County Land Use Code.  The Development Services Team recommendation is for approval of File #05-S2407, the Amended Plat of Lots 22 and 23 of South Moffet Park, First Filing subject to the following condition and authorization for the chairman to sign the plat when the condition is met and the plat is presented for signature:  1. The Final Plat shall be recorded by December 27, 2005 or this approval shall be null and void.

 

3.  SPRING GREEN PLANNED LAND DIVISION AND PLANNED DEVELOPMENT; 03-S2210:   This request is to rezone the subject property from FA-1 (Farming) and FA (Farming) to PD (Planned Development); and 2)  Preliminary Plat for the Spring Green Planned Land Division (PLD) to create a development comprised of 21 single family residential lots, 5 of which will have the potential for multiple dwelling units.  The development will also have 5 common area lots for open space.  On April 20, 2005, the Development Services Team presented the Rezoning and Preliminary Plat for the Spring Green PD and PLD to the Planning Commission as a consent agenda item.  No public testimony regarding the proposed development was offered; therefore, the Planning Commission made a recommendation to approve the Spring Green PD and PLD as recommended by the Development Services Team.  Since the planning Commission meeting there have been no modifications to the Spring Green PD and PLD application.  The Development Services Team recommendation is for approval of the Rezoning and Preliminary Plat for the Spring Green PD and PLD (03-S2210), as recommended by the Larimer County Planning Commission and outlined below:

BE IT RESOLVED that the Planning Commission recommend to the Board of County Commissioners that the request to rezone the Spring Green Planned Development, file #03-S2210, from FA-1 – Farming and FA-Farming to Planned Development (PD) be approved subject to the following conditions:

a.   The rezoning shall be effective upon the recordation of the Final Plat of Spring Green Planned Land Division/Planned Development.

b.   The permitted uses, lot building and structure requirements, setbacks and structure height limitations for Spring Green Planned Land Division/Planned Development shall be as follows:

1.   The Planned Development (PD) zoning for the property shall be as follows:

PD (Planned Development)

A.   Principal uses:

Lots 1-3 and 9-17

Residential

Single-family dwelling (R)

Group home for the developmentally disabled (R)

Group home for the elderly (R)

Group home (R)

Lots 4-8

Residential

Single-family dwelling (R)

Group home for the developmentally disabled (R)

Group home for the elderly (R)

Group home (R)

                  Accessory Dwelling (R)*

*The accessory dwelling on these lots may be rented to persons not related to the owner/occupant of the primary dwelling.

Lots 18-21

Agricultural

Tree Farm

Residential

Single-family dwelling (R)

Group home for the developmentally disabled (R)

Group home for the elderly (R)

Group home (R)

B. Lot, building and structure requirements:

1. Minimum lot size:

Lots 1-17 shall be no less than 5,200 square feet

Lots 18-21 shall be no less than 12,000 square feet

2. Minimum setbacks:

Setbacks for Lots 1-17 shall be as illustrated on the attached Exhibits ‘A’ and ‘B’.

Setbacks for Lots 18-21 shall be as follows:

a. Front yard—Refer to section 8.17 (supplementary regulations for setbacks from highways and county roads) of the Larimer County Land Use Code as amended. The setback from an interior subdivision road or established public or private road must be 25 feet from the property line or from the nearest edge of the road easement.

b. Side yards—10 feet.

c. Rear yards—10 feet.

d. Streams, creeks and rivers—100 feet from the centerline of the established watercourse.

3. Maximum structure height—40 feet.

4. With the Exception of Lots 4-8, no parcel can be used for more than one principal building; additional buildings on a parcel are allowed if they meet the accessory use criteria in subsection 4.3.10 of the Larimer County Land Use Code as amended.

The Planning Commission recommends to the Board of County Commissioners that the Spring Green Planned Land Division, file #03-S2210, be approved subject to the following conditions:

1.   The Final Plat shall be consistent with the approved Preliminary Plat and with the information contained in the Spring Green Planned Land Division/Planned Development (File #03-S2210), 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 Spring Green Planned Land Division/Planned Development.

2.   The following fees shall be collected at building permit issuance for new single family dwellings:  Poudre R-1 school fee, Larimer County fees for County and Regional Transportation Capital Expansion, Larimer County Regional Park Fees (in lieu of dedication) and applicable drainage fees.  The fee amount that is current at the time of building permit application shall apply.

3.   Passive radon mitigation measures shall be included in construction of residential structures on these lots.  The results of a radon detection test conducted in new dwellings 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 which 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.   A notice to prospective purchasers shall be recorded with the Final Plat.  In addition to the standard notice regarding radon, foundations designs, wildlife and the like, the plat shall also disclose the existing gravel quarry operations that exist on the property and such uses may present compatibility issues allowed as part of their approval by the County.

5.   Residual Lot A on the Preliminary Plat shall be renamed at the time of Final Plat to comply the standard naming conventions of Section 8.14.2 of the Larimer County Land Use Code.

6.   Perimeter drains shall be incorporated into the construction of all dwelling units in the referral letter from Celia Greenman, Geologist, dated April 1, 2004.

 

4.   MCCLELLAND'S CREEK PLANNED LAND DIVISION AND PLANNED DEVELOPMENT; 04-S2299:  This is a request:           1) To rezone the subject property from FA-1 (Farming) to PD (Planned Development); and  2) Preliminary Plat for the McClelland’s Creek Planned Land Division (PLD) to create a mixed use development comprised of 135 single family residential lots and 48 multi-family residential units on the 53.78 acre property situated at the southwest corner of Straus Cabin Road and Kechter Road.  The Development will also contain 8.48 acres of open space distributed within 12 open space tracts.  On April 20, 2005, the Development Services Team presented the Rezoning and Preliminary Plat for the McClelland’s Creek PD and PLD to the Planning Commission as a consent agenda item.  No testimony was offered by the public or the Planning Commission regarding the development application; therefore, the Planning Commission made a recommendation to approve this Development as recommended by the Development Services Team.  Since the Planning Commission meeting there have been no modifications to the McClelland’s Creek PD and PLD application. The Development Services Team recommends that the Board of County Commissioners approve the Rezoning and Preliminary Plat for the McClelland’s Creek PD and PLD (04-S2299), as recommended by the Larimer County Planning Commission.  

The Planning Commission recommends to the Board of County Commissioners that the request to rezone McClelland’s Creek Planned Development, file #04-S2299, from FA-1-Farming to Planned Development (PD) be approved subject to the following conditions:

a.   Approval of the rezoning from FA-1 (Farming) to PD (Planned Development) subject to the following condition:   The rezoning shall be effective upon the recordation of the final plat of McClelland’s Creek Planned Land Division.

b.   The zoning designation for the McClelland’s Creek PD and PLD shall be PD (Planned Development, which zoning classification will be subject to the development standards and requirements of Subsection I.f. (Mixed Use Neighborhood Area Regulations) of the Larimer County Development Standards for the Fossil Creek Reservoir Area in the Fort Collins Growth Management Area in the Supplemental Regulations to the Larimer County Land Use Code Section 8.9.2.A.1, or as amended.

 

The Planning Commission recommends to the Board of County Commissioners that the McClelland’s Creek Planned Land Division, file #04-S2299, be approved subject to the following conditions:

a.    The Final Plat shall be consistent with the approved preliminary plan and with the information contained in the McClelland’s Creek Planned Land Division (File #04-S2299), 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 McClelland’s Creek Planned Land Division.

b.   The following fees shall be collected at building permit issuance for new single family dwellings:  Poudre R-1 school fee, Larimer County fees for County and Regional Transportation Capital Expansion, Larimer County Community and Regional Park Fees (in lieu of dedication) and drainage fees.  The fee amount that is current at the time of building permit application shall apply. 

c.    Per the recommendation of the Colorado Geological Service subsurface construction (basements) shall include perimeter drains as part of the foundation design and construction.

d.   Passive radon mitigation measures shall be included in construction of residential structures on these lots.  The results of a radon detection test conducted in new dwellings 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 which specifies that a test will be done within 30 days.  A permanent certificate of occupancy can be issued when the prepaid receipt is submitted.

e.    The applicant shall be responsible for all the improvements and requirements as outlined in the submittal materials, including those found in the referral comments from Traci Downs of the Larimer County Engineering Department, dated January 6, 2005.

f.      A 100 foot wide buffer shall be provided around the existing wetlands within the McClelland Creek Development and a mitigation and management plan will be required as part of the Final Pat.

 

4.  LINDENWOOD 3RD FILING LOTS 112-113 LOT CONSOLIDATION; 05-S2438:   This is a request is to combine two contiguous lots in Lindenwood 3rd filing into one lot.  There have been no objections to this proposal by 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 Larimer County Engineering Department Development Review Team.  The proposed Lot Consolidation for Lots 112 and 113 in Lindenwood 3rd filing 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 112 and 113 in Lindenwood 3rd filing (#05-S2438) to be known as Lot 112A of the Lot Consolidation of Lots 112 and 113 in Lindenwood 3rd 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 December 27, 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 the Consent Agenda as outlined above.

Motion carried 3-0.

Their being no further business, the meeting recessed at 3:05 p.m.

 

LAND USE HEARING

(#60)

The Board of County Commissioners reconvened at 6:30 p.m. with Rob Helmick, Principle Planner.   Chair Rennels presided and Commissioners Wagner and Gibson were present.  Also present were: Dave Karan, Planning Department; Mark Peterson, Christy Coleman, and Traci Downs, Engineering Department; Dale Miller, Road & Bridge Department; Doug Ryan, Environmental Health Department; Jeannine Haag, Assistant County Attorney; and Gael Cookman, Deputy Clerk. 

1.  WHITE BUFFALO QUARRY SPECIAL REVIEW; 04-Z1520:   This is a request for Special Review to approve open pit mining for a sandstone quarry on 9.9 acres.  The submittal for the Special Review of the proposed White Buffalo Quarry sandstone mining operation was originally scheduled for the May 16, 2005 Board of County Commissioners hearing.  Upon discovering that required mineral rights notification had not been completed, the Board and staff suggested to the applicant that this Special Review be tabled until the June 27, 2005 hearing due to start at 6:30 pm.  The applicant agreed.  Because some residents will not be available on that date to make public comment, the Board encouraged interested citizens to submit any additional comments in writing to the Planning Department.  Some comments have been received.  While Staff recognizes neighbors’ concerns, the Development Services Team believes the applicant has adequately addressed those issues which lie within the purview of the Board.  For this reason, the Development Services Team continues to support the Planning Commission’s recommendation that the Board of County Commissioners approve the White Buffalo Quarry Special Review (file # 04-Z1520) with the following conditions:

A.   Throughout the term of this Special Review approval:

1.   Except for the hauling of product offsite to destinations, the hours of operation shall be:  8 am to 5 pm Monday through Friday and 8 am to noon on Saturdays. 

2.   Hauling hours shall be limited to 7:00 a.m. to 6:00 p.m. Monday through Saturday.

3.   Mining shall take place in pits which will detain stormwater.  Mining shall continue to commence upslope of rubble piles located at the toe of the slope.  The Operator shall retain rock waste piles down slope of any mining activity.  The location of these rubble piles will continue to create a natural retention pond that captures all mining activity runoff.

4.   If at any time in this project’s operation its trip generation exceeds 20 trips a day, the applicant must submit a traffic study and pavement threshold study to determine the transportation impacts associated with this development.  If these studies determine that transportation improvements are required, the applicant will be required to construct the required improvements.

B.   Transportation Capital Expansion Fees shall be paid prior to the recording of the Development Agreement.

C.   Before commencing operations on the 9.9 acres of property as proposed the Operator shall:

1.   Obtain a Stormwater Discharge Permit.  Submit a copy of the Permit to the Larimer County Planning Department.  The permit must be updated annually.  Alternatively, the Operator shall submit a letter from the appropriate State Health agency stating that the White Buffalo mining operation is exempt from the requirement.

2.   Obtain an Air Pollution Emissions Notice (APEN) and submit a copy to the Larimer County Planning Department.  Should a submitted APEN indicate it is required, the Operator will obtain an air quality permit.  The permit must be updated annually.  Alternately, submit to County Planning a letter from the Health Department’s Air Pollution Control Division exempting this mine from submitting an APEN. 

3.   A Development Agreement for the Amended Special Review approval is required.  The Development Agreement must be approved by the Board of County Commissioners before the mining of this site may commence.  

D.   Each year, within 10 days of sending the annual report to the State MLRB, the operator shall provide a copy of the report to the Larimer County Planning Department. 

E.   The mining of the 9.9 acre site shall halt thirty (30) years from approval by the Larimer County Board of County Commissioners unless a Special Review is subsequently approved which further extends the life of this operation.

F.   The approval of the White Buffalo Special Review (file # 04-Z1520) shall be null and void if, at any time after the date of approval by the Board of County Commissioners, the subject mining operation substantially ceases for any period of 3 consecutive years.

G.  The applicant shall monitor the detention pond for standing water and the presence of mosquito larvae and commit to treat the standing water for larvae if present.

H.  The Applicant shall comply with the Larimer County Noise Ordinance.  

Mr. Karan gave a brief staff report, after which, Victor Norris, representative for the applicant, explained that they have tried to meet every condition and work things out with the neighbors so that everyone is satisfied with the application.  Commissioner Wagner asked if the applicant would agree to include a condition stating that there would be no blasting used in conjunction with the quarry operations.  Mr. Norris stated that they would agree to that condition.  Commissioner Wagner also asked if Mr. Norris would agree to completing operations and mining on this quarry, if approved, before submitting an application to open up a new quarry.  Mr. Norris stated that they would also agree to this condition.  At this point, the owner and applicant, Mark Dolphin, addressed the Board and stated that he was also in agreement with the conditions that Commissioner Wagner outlined. 

Chair Rennels opened up the hearing for public comment and Gary LaFever, adjoining neighbor, addressed the Board.  Mr. LaFever stated that in his opinion the applicant has not satisfied the processes as outlined in the Land Use Code, that were included to insure that everyone's rights are respected.  Mr. LaFever stated that there is no proof that property values will not decrease or that the proposed use is consistent with the surrounding neighborhood.  Mr. LaFever displayed a map of the surrounding area noting that there are home sites on three sides of the applicant's property.   Mr. LaFever requested that the Board deny this application.  Discussion ensued between Mr. LaFever and the Board, and Chair Rennels asked if the two conditions that were proposed by Commissioner Wagner were agreeable to Mr. LaFever.  Mr. LaFever stated that there is a huge difference between no quarry being in existence, and a 9.9-acre quarry being approved, and he would rather there be no quarry at all. 

There being no further public comment, Chair Rennels closed this section of the hearing.  Under applicant rebuttal, Mr. Dolpin stated that it is the County and the State that regulate quarry operations, and in his opinion, private citizens should not be regulating this use.  Mr. Norris stated that in their agreement with the State, they cannot mine more than three acres at any given time, and if a fourth acre is opened, then the first acre must be closed and reclaimed.   At this time a request was made from the audience to re-open public comment. 

M O T I O N

Commissioner Gibson moved that the Board of County Commissioners re-open public comment.

Motion carried 3-0.

Sandy LaFever addressed the Board and explained her knowledge of homes that have been destroyed due to mining sites not being reclaimed properly or at all.   Mrs. LaFever asked how they could be assured that this site will be reclaimed in the proper manner.

Mr. Helmick stated that reclamation is a State responsibility; however, he explained that the applicant must post a bond and if the site is not reclaimed properly, then fines or fees can be levied and the bond money can be forfeited.

Chair Rennels closed public comment and under discussion, Commissioner Gibson questioned whether or not it would set a trend or precedent for future mining operations if blasting was prohibited in this case.   Mr. Helmick noted that the blasting issue would be considered on a case-by-case basis, and that not allowing it in this case would not set a precedent either way.  Mr. Helmick also noted that 9.9-acres would be the total disturbance area and if the applicant wanted to include more land, they would have to convert the application and re-bond all the land that they propose to disturb.   Chair Rennels stated that in her opinion, the issues that Mr. LeFever is concerned with are covered.  She agreed that the restricting blasting in conjunction with the operation should be included as a condition.   Commissioner Wagner noted her concern that the operation could be left in a dormant state and not closed out or reclaimed.  Some discussion ensued regarding whether or not there needed to be an additional condition that would require the applicant to complete operations and mining on this quarry before submitting an application to open up a new quarry.  The Board agreed that since closure and reclamation responsibility is managed at the State level, they would not make this a condition of approval.

M O T I O N

Commissioner Wagner moved that the Board of County Commissioners approve the White Buffalo Quarry Special Review (File #04-Z1520) with the conditions as recommended by the Planning Commission and the Development Services Team as outlined above, and include Condition #5, which states that no blasting will occur in conjunction with the quarry operations. 

Motion carried 3-0.

 

2.  CONSIDERATION OF A NEW SEGMENT OF COUNTY ROAD 23E:  This is a request by property owners and staff to consider adding a new segment of CR 23E between CR 6 and CR 8E, would include Right-of-Way acquisition and construction.  The Board of County Commissioners held a hearing on June 13, 2005 to discuss the potential of extending CR 23 E north from CR 6 to CR 8E.  While the original staff recommendation was to not pursue this road way, there was enough testimony and discussion to have the Board of County Commissioners to table the matter and direct the staff to determine:

1. What exactly is the Little Thompson Water District willing to provide in terms of financial interest, acquisition of disputed land, and construction of the road. 

2.  What would be the potential costs associated with an acquisition dispute. 

3.  What are the County's prioritized list of road projects, and what potentially would be bumped from the list if the Board agreed to fund extending CR 23E. 

4.  What would the maintenance costs be if the road becomes publicly dedicated? 

5.  Is there an option to start out with a gravel road?

It was also noted that given the short time frame the Board of County Commissioners recognized that information would not be available until possibly the hearing.  This memo is intended to set the frame for the discussion on the June 27, 2005.  Information will be forwarded to the Commissioners and interested parties as soon as it becomes available. 

Mr. Helmick noted that he received notice from the Little Thompson Water District stating that they no longer wish to pursue constructing a road to the north.  Mr. Helmick stated that he just received this notice today and that it places a significant damper on the road construction project as the Little Thompson Water District was to be a key player in the project.   Chair Rennels stated that she was sorry the water district did not make their intentions known sooner, and that there really was not much else to discuss.  However, since there were citizens present to discuss this issue, she opened the hearing up for public comment.  

 Robert Traut, attorney speaking on behalf of most of the landowners in the area, stated that they are concerned with the public versus private road issue in this matter.  He also noted that his clients are the subjects of a condemnation project from the Little Thompson Water District, and he requested that the County include his clients in future discussions with the water district.  Mr. Helmick noted that the water district has indicated they will deal with the condemned property utilizing the Minor Land Division (MLD) process, and that the properties will probably be presented as one application.  Mr. Helmick noted that public process will be included in the MLD application, and the surrounding neighbors will be notified of public hearings pertaining to the application.   Barbara Byrd stated that she is happy with the decision and that the Little Thompson Water District was aware, at least two weeks ago, that they have a temporary access agreement across the easterly portion of their property.  At this time Chair Rennels closed public comment.

M O T I O N

Commissioner Gibson moved that the Board of County Commissioners support the Planning Department's recommendation to not authorize the expenditure of funds to acquire Right-of-Way to participate in the construction of County Road 23E between County Road 6 and County Road 8E.

Motion carried 3-0.

The meeting adjourned at 8:05 p.m.

 

TUESDAY, JUNE 28, 2005   

 

ADMINISTRATIVE MATTERS

(#61)

 

The Board of County Commissioners met at 9:00 a.m. with Assistant County Manager Neil Gluckman.  Chair Rennels presided and Commissioner Wagner was present.  Also present were:  Donna Hart, Melinda Keen, and  Deni LaRue, Commissioners’ Office; Jay Hardy, Fairgrounds and Events Center;  Mark Peterson, and Rusty McDaniel, Engineering Department; Dale Miller, Road & Bridge Department; Larry Timm, and Al Kadera, Planning Department; Stephen Gillette, and Cheryl Kolus, Solid Waste Department; Kathryn Rowe, Purchasing Department; Dave Mosher, Document Output Center; Jeannine Haag, Assistant County Attorney; and Gael Cookman, Deputy Clerk.

 

1.  PUBLIC COMMENT:   Brian Schumm addressed the Board with concerns regarding enforcement of the Whitman zoning violation.  Mr. Schumm stated that he did not want to see exceptions made that will allow Mr. Whitman to circumvent the public process.  Mr. Kadera noted that he has not discussed this issue with the County Attorney for a couple of months; therefore, could not shed any light as to what the status was on this violation, only that it is a pending court case.  Chair Rennels stated that Mr. Whitman has two choices: he either annexes into the City of Fort Collins and abides by their rules, or he comes into compliance with the County regulations.  Mr. Schumm stated that he would appreciate being kept informed of any progress made regarding this issue.

 

2.   APPROVAL OF THE MINUTES FOR THE WEEK JUNE 20th 2005:

 

M O T I O N

 

Commissioner Wagner moved that the Board of County Commissioners approve the minutes for the week of June 20, 2005, as amended.

 

Motion carried 2-0.

 

3.  REVIEW THE SCHEDULE FOR THE WEEK OF JULY 4, 2005:   Ms. Hart reviewed the upcoming schedule with the Board.

 

4.  CONSENT AGENDA:  Chair Rennels presented a Memorandum of Understanding pertaining to the Colorado Works Program and requested that it be added to the Consent Agenda so the funding could be accepted on behalf of the Human Services Department in relation to the Colorado Child Care Assistance Program.

 

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 June 28, 2005, with the addition of the Memorandum of Understanding pertaining to the Colorado Works Program:

 

06282005A001           DEVELOPMENT AGREEMENT FOR SHOCKLEY ESTATES CONSERVATION DEVELOPMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND LANCE P. AND JESSICA K. SHOCKLEY

 

06282005A002           DEVELOPMENT AGREEMENT AND RESIDUAL LAND USE RESTRICTIONS FOR PEARL CREEK ESTATES I RURAL LAND USE PLAN, FILE #02-S1980, BETWEEN THE BOARD OF COUNTY COMMISSIONERS, PAINTED POST, LLC., AND PEARL CREEK ESTATES ROAD ASSOCIATION

 

06282005A003           DEVELOPMENT AGREEMENT AND RESIDUAL LAND USE RESTRICTIONS FOR PEARL CREEK ESTATES II BETWEEN THE BOARD OF COUNTY COMMISSIONERS, DIANE G. AND CHRISTOPHER J. WEIXELMAN, DANIEL M. AND JENNIFER A. BRENNAN, AND PEARL CREEK ESTATES ROAD ASSOCIATION

 

06282005A004           AGREEMENT FOR PROJECT MANAGEMENT SERVICES BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND RKG. INC.

 

06282005A005           AGREEMENT BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS ON BEHALF OF THE LARIMER COUNTY DEPARTMENT OF HUMAN SERVICES AND PSYCH HORIZONS

 

06282005A006           MEMORANDUM OF UNDERSTANDING BETWEEN THE BOARD OF COUNTY COMMISSIONERS ON BEHALF OF THE LARIMER COUNTY DEPARTMENT OF HUMAN SERVICES AND THE STATE OF COLORADO DEPARTMENT OF HUMAN SERVICES REGARDING THE COLORADO WORKS PROGRAM AND COLORADO CHILD CARE ASSISTANCE PROGRAM

 

06282005D001           DEED OF DEDICATION OF SAID PROPERTY AS A PUBLIC HIGHWAY BY WILLIAM DEXTER SWETS AND SANDRA KAY SWETS

 

06282005D002           DEED OF DEDICATION OF SAID PROPERTY AS A PUBLIC HIGHWAY BY SCOTT SCHMER AND AMY F. SCHMER

 

06282005D003           DEED OF DEDICATION OF SAID PROPERTY AS A PUBLIC HIGHWAY BY M. LYNNE KESEL

 

06282005D004           DEED OF DEDICATION OF SAID PROPERTY AS A PUBLIC HIGHWAY BY HOWARD M. KEETON AND LORETTA J. KEETON

 

06282005R001           RESOLUTION ESTABLISHING COMPENSATION FOR DISTRICT ATTORNEY APPOINTED OFFICIALS (JENNIFER L. BAHNSON)

 

06282005R002           RESOLUTION ESTABLISHING COMPENSATION FOR DISTRICT ATTORNEY APPOINTED OFFICIALS (CHRIS ROSSI)

 

06282005R003           FINDINGS AND RESOLUTION APPROVING AN AMENDED PLAT IN ROSTEK SUBDIVISION SECOND ADDITION, BLOCK 2, LOTS 22 AND 27A

 

06282005R004           RESOLUTION FOR STATUTORY VESTED RIGHTS FOR PEARL CREEK ESTATES II RURAL LAND PLAN

 

06282005R005           SUPPLEMENT TO FINDINGS AND RESOLUTION APPROVING PEARL CREEK ESTATES II PRELIMINARY RURAL LAND PLAN

 

06282005R006           RESOLUTION FOR STATUTORY VESTED RIGHTS FOR PEARL CREEK ESTATES I RURAL LAND PLAN

 

06282005R007           SUPPLEMENT TO FINDINGS AND RESOLUTION APPROVING PEARL CREEK ESTATES I PRELIMINARY RURAL LAND PLAN

 

06282005R008           RESOLUTION FOR STATUTORY VESTED RIGHTS FOR CHAPMAN FARMS CONSERVATION DEVELOPMENT

 

06282005R009           RESOLUTION FOR STATUTORY VESTED RIGHTS FOR SHOCKLEY ESTATES CONSERVATION DEVELOPMENT

 

MISCELLANEOUS DOCUMENTS:  Larimer County Waiver and Release Agreement; Final Plat for Shockley Estates Conservation Development; Final Plat for Pearl Creek Estates I Rural Land Plan 02-S1980; Final Plat for Pearl Creek Estates II Rural Land Plan 03-S2067.

 

LIQUOR LICENSES:  The following license was approved and issued:   Supermarket Liquors - Retail Liquor Store - Fort Collins.

 

Motion carried 2-0.

 

 5.   NAMING OF NEW SPACE AT THE RANCH AS "MOREHOUSE HALL":  Mr. Hardy explained that The Ranch has added a partition wall in the East Hall of the First National Bank Exhibition Hall and he recommended naming this new space Morehouse Hall, after Paula Morehouse who worked for 42 years for the Larimer County Extension Office.  Mr. Hardy noted that this would be keeping in the tradition of naming rooms in the Exhibition Hall for those individuals that have made signification contributions to the Fairgrounds or the Larimer County Fair.  Chair Rennels thanked Ms. Morehouse for all of her years of service and dedication, particularly regarding the 4-H program.  Ms. Morehouse stated that it was an honor to accept this recognition.

 

M O T I O N

 

Commissioner Wagner moved that the Board of County Commissioners approve naming a space in the First National Bank Exhibition Hall "Morehouse Hall". 

 

Motion carried 2-0.

 

6.  REQUEST AUTHORIZATION FOR A NEW SENIOR CIVIL ENGINEER POSITION IN THE ENGINEERING DEPARTMENT:  Mr. Peterson requested approval to add a Senior Civil Engineer position with a construction emphasis to the Engineering staff.  Mr. Peterson stated that funding will be provided from sources within the Public Works Division, and that approximately 40% of the funding will be from the Road & Bridge Department and the remaining 60% will come from the recovery of engineering staff design costs on capital expansion fee eligible improvement projects.  Mr. Peterson outlined the reasons this position is needed, and stated that the total cost of the position, with benefits, for the 2006 year would be approximately $96,000.  Finally, Mr. Peterson requested a waiver of policy for posting and advertising the salary at the full range of the position, and he requested the ability to offer up to $75,000 is salary without having to come back to the Board for an additional waiver. 

 

M O T I O N

 

Commissioner Wagner moved that the Board of County Commissioners approve the new self-funded Senior Civil Engineer position in the Engineering Department. 

 

Motion carried 2-0. 

 

M O T I O N

 

Commissioner Wagner moved that the Board of County Commissioners approve a waiver of policy to allow the position to be advertised at the full range of salary for this position ($61,109 to $82,498).

 

Motion carried 2-0.

 

M O T I O N

 

Commissioner Wagner moved that the Board of County Commissioners approve authorizing the County Engineer to offer up to $75,000 in salary to fill this position, depending upon qualifications and experience of the specific individual selected to be hired.

 

Motion carried 2-0.

 

7.  DETERMINE IF AN APPEAL TO EXPAND A NON-CONFORMING HOUSE SHOULD BE REFERRED TO THE PLANNING COMMISSION:  Mr. Kadera explained that they have an application for an appeal to the County Commissioners to allow the construction of an addition to an existing single family dwelling that does not meet the minimum required setback of 100 feet from the centerline of Highway 34.  Mr. Kadera stated that the Board needs to determine if this appeal should be referred to the Planning Commission for recommendations.  Mr. Kadera stated that the appeal does not address any Master Plan issues or present any significant policy issues; therefore, he recommends that it not be referred to the Planning Commission.  The Board agreed with Mr. Kadera's recommendation.

 

M O T I O N

 

Commissioner Wagner moved that the Board of County Commissioners support the Planning Department's recommendation and deny referral of this appeal to the Planning Commission because the appeal does not address any Master Plan issues or present any significant policy issues.

 

Motion carried 2-0.

 

8.  RECYCLING AWARENESS MONTH:   Mr. Gillette stated that an ad hoc Recycling Committee was formed approximately eight months ago to assess the recycling efforts that are taking place in the County facilities, and he gave an update regarding the committee's findings.  Mr. Gillette stated that overall County employees are doing well with recycling; however, there needs to be more education as to exactly what products are recyclable.  In order to accomplish this, Mr. Gillette continued, they will be placing instructions on the outside of recycling containers which will explain exactly what can and cannot be recycled.    Ms. Kolus explained that they conducted a survey of County employees and noted that 276 people responded to the survey.  Ms. Kolus stated that the survey results indicated the need to educate employees on what can and cannot be recycled.   Mr. Mosher explained that recycled paper is now less expensive than "virgin" paper; therefore, he will be utilizing recycled paper as the default for print orders unless the customer specifies something different.  Some discussion ensued about recycling in general, and the Board thanked Mr. Gillette and the committee members for their efforts.  Finally, Mr. Gillette explained that Larimer County's "Garbage Garage" received an award for excellence in education and for being a trend setting program for others to emulate.

 

9.  EXECUTIVE SESSION (TAPE #62):  Mr. Gillette requested the Board go into Executive Session to discuss property negotiations.

 

M O T I O N

 

Commissioner Wagner moved that the Board of County Commissioners go into Executive Session to discuss purchase, acquisition, lease transfer, or sale of any real or personal property interest as outlined in 24-6-402(4)(a) C.R.S.

 

Motion carried 2-0.

 

The Executive Session ended with no action taken. 

 

10.  APPOINTMENTS TO BOARDS AND COMMISSIONS:   Ms. Keen outlined appointments to the Boards and Commissions as follows:  Community Corrections Advisory Board: Laurie Barnhill, reappointed for a 2-year term beginning July 1, 2005, and ending June 30, 2007.  Roger Gunlikson, Gerry Horak, Amanda Lee, and Susan Tiona, appointed for 2-year terms beginning July 1, 2005, and ending June 30, 2007.  Jennifer Rehder, reappointed for a 3-year term beginning July 1, 2005, and ending June 30, 2008.  Paul Cooper, Clifford Riedel, Judith Schalles, Steve Schapanski, and Tanya Tisher, all reappointed with a waiver of term limits, for a 3-year term beginning July 1, 2005, and ending June 30, 2008.  Extension Advisory Committee:  Ralph Bender and Suzanne Jarboe-Simpson, reappointed for a 3-year term beginning July 1, 2005, and ending June 30, 2008.  Sandra Kolodziej and David Lee, appointed for 3-year terms beginning July 1, 2005, and ending June 30, 2008.  Juvenile Community Review Board:  Marv Boeding, David Johnson, and Linda Maher, all reappointed with a waiver of term limits, for 3-year terms beginning July 1, 2005, and ending June 30, 2008.  Megan Einerson appointed for a 1-year term beginning July 1, 2005, and ending June 30, 2006.  Larry Neugebauer, and Ken Roderick appointed for 2-year terms beginning July 1, 2005, and ending June 30, 2007.  Ameedah Khalifeh, Randall Lococo, Thaddeus Paul, and Ernie Portillos appointed for 3-year terms beginning July 1, 2005, and ending June 30, 2008.  LaPorte Area Planning Advisory Committee:  Mandy Kotzman appointed for a 3-year term beginning July 1, 2005, and ending June 30, 2008.   Chris Tooley appointed for a 2-year term beginning July 1, 2005, and ending June 30, 2007.  Will Wade reappointed for a 3-year term beginning July 1, 2005, and ending June 30, 2008.  Office on Aging Advisory Council:  Gerry Hinks, Carol Rehme, and Earl Stevens reappointed for 3-year terms beginning July 1, 2005, and ending June 30, 2008.  Nancy Arthur, Janet Lee Tosch, and Sharon Zamora appointed for 3-year terms beginning July 1, 2005, and ending June 30, 2008.  Rural Land Use Board:  Tom Jackson reappointed for a 3-year term beginning July 1, 2005, and ending June 30, 2008.  Mark Korb, and Kimberly Stenberg appointed for 3-year terms beginning July 1, 2005, and ending June 30, 2008.

 

M O T I O N

 

Commissioner Wagner moved that the Board of County Commissioners approve the appointments to the Boards and Commissions as outlined above.

 

Motion carried 2-0.

 

11.  RESOLUTION IN SUPPORT OF REFERENDA C & D - THE COLORADO ECONOMIC RECOVERY PLAN:  Mr. Gluckman requested Board approval on a resolution in support of Referenda C and D pertaining to the Colorado Economic Recovery Plan.  Mr. Gluckman stated that Referendum C will allow the State to retain all excess revenue for five years, from July 1, 2005, through June 30, 2010.  Referendum D will eliminate the current "ratchet effect" by allowing the State to retain a capped amount of additional funds beyond 2010, and each year thereafter.  Commissioner Wagner asked if the ballot language was available yet.  Mr. Gluckman stated that he is not in receipt of the ballot language at this time. 

 

M O T I O N

 

Commissioner Wagner moved that the Board of County Commissioners approve the resolution in support of Referenda C & D pertaining to the Colorado Economic Recovery Plan. 

 

Motion carried 2-0.

 

06282005R010           RESOLUTION SUPPORTING REFERENDA C & D - THE COLORADO ECONOMIC RECOVERY PLAN

 

12.  WORKSESSION:  Mr. Gluckman stated that there were some questions surrounding the process for HB 1177, so he briefly outlined the process for the Board.  Mr. Gluckman stated that Chair Rennels will serve on the Roundtable Board, which will select three members who will represent each of the boundaries.  Mr. Gluckman stated that the Commissioners should be thinking about representation on that Board, and any solicitations should be brought to the Roundtable Board as well. 

 

Mr. Gluckman explained that next week he will be presenting potential Bills and issues that the Department Heads would like to see submitted to Colorado Counties Inc. (CCI) for consideration.

 

Mr. Gluckman stated that CCI has asked all counties how they would like to contribute to the Fire Fund, and whether they would rather work off of actual figures or consider using income averages every two years.  Mr. Gluckman stated that the two-year income averages would probably work best for most counties, and the smaller counties in particularly.

 

Finally, Mr. Gluckman noted that the Human Services Department has received a letter from Department of Local Affairs, and the grant for the Salud Health Care Center in Estes Park was approved.

 

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

 

14.  LEGAL MATTERS:    Ms. Haag explained that there will need to be a change to the Addressing Regulations which has to do with the designation of public roads versus private roads.  Ms. Haag noted that the regulations, as written, state that street names will include the designation as to whether it is a private or public road.  As a result the Engineering Department has been spending a great deal of time researching whether or not roads are private or public and often times the research is inconclusive.  Ms. Haag stated that they will propose rewriting the regulations to remove this requirement; however, when it is known, the designation of public or private will be included on the street sign.

 

Mr. Kadera stated that there has been illegal camping taking place on a small island in the vicinity of the Mishawaka Inn.  Mr. Kadera stated that he has been in contact with the owner of the Mishawaka Inn, Robin Jones, and he has agreed to discontinue allowing the camping on this island and dismantle the bridge that was constructed illegally.  Mr. Kadera stated that they do not want to dismantle the bridge at this time because the river is running high and could pose a risk to workers or individuals downstream.  Ms. Haag stated that they would like to have the authority to pursue legal action without having to go through the normal process of sending a notice and allowing the owner 30 days to come into compliance. 

 

M O T I O N

 

Commissioner Wagner moved that the Board of County Commissioners authorize the County Attorney to pursue legal action for zoning violation against Robin Jones, the owner of the Mishawaka Inn, specific to elimination of the camping that is occurring on the island in the river in the vicinity of the Mishawaka Inn.

 

Motion carried 2-0.

 

The meeting adjourned at 11:10 a.m., with no further action taken.

 

 

THURSDAY, JUNE 30, 2005

 

EXECUTIVE SESSION

(Affidavit Provided)

 

The Board of County Commissioners met in Executive Session at 9:30 a.m. with County Manager Frank Lancaster.  Chair Rennels presided and Commissioners Gibson and Wagner were present.  Also present was Attorney Thomas J. Lyons.

 

At 10:40 a.m. the Board came out of Executive Session and Chair Rennels made the following statement for the record:  "I am concerned and do not want to be in any way a decision maker in this process.  I want the decision and review regarding the Challenge to the Findings and Fact of the Review Board pertaining to the layoff and termination of Jean O'Connor, to be fair and balanced and the resulting decision not be perceived to be anything but fair and balanced." 

 

At this time Chair Rennels excused herself from the meeting and the Executive Session continued. 

 

The Board recessed at 11:00 a.m., and reconvened at 1:00 p.m.  The Executive Session ended at 2:15 p.m., with no action taken.

 

 

 

 

    __________________________________________

                                    KATHAY RENNELS, CHAIR

                        BOARD OF COMMISSIONERS

 

SCOTT DOYLE

CLERK AND RECORDER

 

ATTEST:

 

 

___________________________________

Gael M. Cookman, Deputy Clerk