Elk in Rocky Mountain National Park
 
> Meetings & Minutes > Commissioners' Minutes > BCC Minutes for 09/18/06  

MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

 

MONDAY, SEPTEMBER 18, 2006

 

LAND USE HEARING

(#112)

 

The Board of County Commissioners met at 3:00 p.m. with Rob Helmick, Principal Planner.  Chair Gibson presided, and Commissioners Wagner and Rennels were present.  Also present were:  Karlin Goggin, and Tom Garton, Building Inspection; Doug Ryan, Environmental Health Department; Matt Lafferty, Casey Stewart, and David Karan, Planning Department; Christie Coleman, Engineering Department; Bill Ressue, Assistant County Attorney; and Kristen Romary, Deputy Clerk.

 

Chair Gibson opened the meeting with the pledge of Allegiance, and asked for public comment on the County Budget and the Land Use Code.  No one from the audience addressed the Board regarding these topics.  Chair Gibson then noted that Items 1 through 5 are on consent and would not be discussed unless requested by the Board, staff, or members of the audience:

 

1.  WIEGAND MINOR SPECIAL REVIEW:  This is a request for a Minor Special Review for a detached accessory living area, accessory to the existing single family dwelling. The proposal is for an accessory living area (LUC Section 4.3.10.F) in a detached building. The property is currently used as the principle residence of the applicants. There are three existing buildings on the property: the single-family dwelling, a detached garage (subject building), and storage shed. The subject building was originally permitted as a detached garage. Subsequently, the applicant finished the lower level (walkout level) into a second living unit. The applicants were made aware of the requirement for Minor Special Review approval to establish an accessory living unit in a detached building and submitted this application.

 

The subject building will be utilized for vehicle storage with a work area on the main level, and as an accessory living area on the partial lower level, which has a separate entrance. The accessory living area size would be 725 square feet.

 

Water is proposed to be provided by the existing well on the property. The applicant will need to confirm with the Division of Water Resources (State Engineer's Office) that the well will be allowed to serve both living units - the existing dwelling and the accessory living area.   The liquid waste will be handled by a Health Department approved septic system with leach field.

 

The Larimer County Engineering Department commented that no additional vehicle accesses will be allowed for this use. Transportation Capital Expansion fees applicable to Accessory Living Areas will be assessed if the minor special review is approved.  The Department of Health and Environment commented on the points of water and sewer. The existing sewer connection from the garage to the septic system was approved in 2003 and was determined sufficient based on the application showing 3 bedrooms in the principle dwelling and one bedroom in the accessory living area.  Water is via an existing well and the applicants should confirm that a dual residential-use well is permitted by the Division of Water Resources.   Loveland Fire Prevention Bureau has no concerns with the proposal. Code Compliance Department stated that a building permit and appropriate inspections for the partial conversion to an accessory living area will be required.

 

The Development Services Team recommends approval of the Wiegand Minor Special Review, subject to the following conditions:

 

  1. Within 90 days of this Minor Special Review approval, the applicant shall apply for and finalize a building permit for the accessory living area with the county code compliance department.
  2. Prior to applying for a building permit for the accessory living area, the applicant shall demonstrate evidence that the State Division of Water Resources approves of using the existing well for both residential uses on the property.
  3. As required by the Engineering Department, that applicant shall pay associated Transportation Capital Expansion Fees, as part of the building permit application process.
  4. The accessory living area shall not be rented or leased separately from the single-family dwelling.

 

2.  WAAG EXEMPTION 2ND AMENDMENT - #06-S2606:  This is a request to adjust a boundary line to bring lot sizes into conformance with the minimum lot size in the FA-1 zoning district.  The subject property is approximately 5.98 acres.  On November 21, 2005, an appeal to allow separation of the subject property into two legal parcels was approved by the Board of County Commissioners (File #05-G0092 and Findings & Resolution reception #2005-0110286).  This action resulted in two legal lots; one 4.9 acres and 1.08 acres zoned FA-1.  One of the resulting lots contains a single-family residence and is below the minimum lot size required in the FA-1 zoning district (2.29 acres).  The Health Department also requires at least 2 acres to support on-site septic systems.  This Amended plat will move a boundary line resulting in one 2.96 acre lot and a 2.3 acre lot.  Both resulting lots will therefore conform to the required minimum lot size.

 

The County Engineering, Health and Planning Departments have no objection to this plat amendment except for technical corrections to the plat.  Engineering provides notification concerning changes to easements or drainage.  The Health Department discusses permits required for new or replacement on-site septic systems.  The County Addressing Coordinator indicates that both parcels will receive new addresses.

The Development Services Team recommends approval of the Amended Plat of a portion of Tract A1 of the Amended Waag Exemption and a boundary and of Tract 2 of a boundary line adjustment 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. All conditions of approval shall be met and the Final Plat recorded by March 18, 2007, or this approval shall be null and void.
  2. Prior to the recordation of the Final Plat the application shall make the technical corrections required by Dale Greer, Land Surveyor of the Larimer County Engineering Department.

 

3.  BOXELDER SANITATION DISTRICT FLOOD PLAIN SPECIAL REVIEW:  This is a request to approve the special review based on the Flood Review Board’s recommendation of approval.  The Boxelder Sanitation District needs to put in a sanitary sewer line from their existing plant towards the east under I-25 to accommodate the growth east of the interstate.  At their plant site, the proposed sewer line crosses Boxelder Creek.  The Land Use Code requires a recommendation from the Flood Review Board for a final approval from the Board of County Commissioners through a Floodplain Special Review.

The Flood Review Board met on Thursday, August 24, 2006, and reviewed the hydraulic modeling report dated July 26, 2006, and found the hydraulic analysis to be acceptable.  A motion was approved for a favorable recommendation to the Board of County Commissioners for approval of the Floodplain Special Review with one condition, that a report be submitted for staff review and approval, justifying the amount of bedding material being proposed and the length of the concrete encasement.  The report was submitted to staff, reviewed and approved. 

 

4.  THUNDER CANYON LOTS 32 AND 33 AMENDED PLAT:  This is a request to adjust the internal lot line between two platted single-family lots. The boundary adjustment would place the existing driveway serving Lot 32 on its own lot rather than in an easement.  Staff recommends approval of the requested Amended Plat of Lots 32 and 33, Thunder Mountain PUD, conditional to:

 

  1. The Dedication Statement shall refer to the access easement (public or private) which is being maintained across Lot 33.
  2. Lots shall be labeled as 32A and 33A.
  3. A drainage easement shall be dedicated to encompass the existing drainage.

 

5.  MEADOWS AT ROLLING HILLS PLANNED LAND DIVISION AND PLANNED DEVELOPMENT REZONING RESUBMITTAL - #04-S2337:  This is a request for a Planned Land Division to divide a 54 acre parcel into 14 residential lots ranging from 2.29 to 6.64 acres, including 3 outlots, and rezoning to Planned Development and Appeals of access separation and connectivity standards.

 

At a public hearing on November 15, 2005, the Larimer County Planning Commission heard the Meadows at Rolling Hills Planned Land Division (PLD) Preliminary Plat and Rezoning to Planned Development (PD).  The proposal was to divide an approximately 43-acre parcel into 11 lots for single-family residential use and 3 “open space tracts” (outlots).   In addition to the land division and rezoning, appeals to access spacing and connectivity requirements were also requested.  The Planning Commission voted unanimously to recommend approval of the four issues with eight conditions recommended by the Development Services Team.  On January 23, 2006, the Board of County Commissioners approved the Planned Land Division and Rezoning to Planned Development with the appeals as recommended by the Planning Commission and Staff. 

Providing primary access would have involved the purchase of approximately 6 acres from owners of an adjacent property (John and Sarah Eckberg) for right-of-way and one of the outlots.  During subsequent discussions about the purchase of this land, the Eckbergs, “inquired about moving the access road south to a lower point in the ridge causing less impact on the ridge, better sight distance and an increase in sight distance.”  The applicant subsequently proposed moving the access road south approximately 702 feet.  The additional property on the northwest side of the approved preliminary plat would expand the development to about 54 acres.  The additional property would also contain three more residential lots from 3.0 to 6.64 acres.  Staff concluded that these changes were significant enough to require new Planning Commission and County Commission hearings.

Comparison of the plats indicated that adding these lots required generally minor changes to boundaries for Lots 2-11.  Lot 1 would be 5.99 acres instead of 3.88.  The internal street configuration changed accordingly but generally along the same path as the approved Teepee Trail.

Further review confirmed that the new access road location and the addition of three lots were the key issues.  The resubmitted proposal required reevaluation of the feasibility of providing primary access and sewage disposal which would fulfill the Larimer County Land Use Code (LCLUC) Section 8 (Adequate Public Facilities) requirements.  All other issues were addressed during the previous Preliminary Plat hearing.   

The Planning Commission and Development Services Team recommend approval, based on the following conditions:

 

A.   Approve the Appeal to LCLUC, Section 3.1.2.a to allow a smaller-than-required separation between access points on County Road 54G.

B.   Approve the Appeal to LCLUC Section 8.14.2.S on connectivity.

C.   Approve the Meadows at Rolling Hills Planned Land Division (File #04-S2337) with the following conditions:

 

1.    The Final Plat shall be consistent with the approved Preliminary Plat and with the information contained in the Meadows at Rolling Hills Planned Land Division (File #04-S2337).  The applicant shall be subject to all other verbal or written representations and commitments of record for the Meadows at Rolling Hills PLD & Rezoning.

2.    The Meadows at Rolling Hills Planned Land Division and Planned Development will not take effect until and unless the Eckberg Minor Land Division, File #06-S2560, is approved by the County Commissioners and recorded in the Larimer County records.

3.    Engineered foundations are required for new habitable construction on this site as recommended by the Colorado Geologic Survey. 

4.    Passive radon mitigation measures shall be included in the construction of all new residential structures on these lots.  The results of a radon detection test 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 that specifies that a test will be done within 30 days. A permanent Certificate of Occupancy can be issued when the prepaid receipt is submitted.

5.    The following fees shall be collected at building permit for new single family dwellings. Thompson R-2 school fee, Larimer County fees for County and Regional Transportation Capital Expansion (TCEFs), Larimer County Regional Park Fee (in lieu of dedication) and drainage fee.  The fee amount that is current at the time of building permit application shall apply. Both the Development Agreements and the Disclosure Affidavits will reference this requirement.  The County Engineer’s office also requires a Development Construction Permit, prior to commencing development construction.

6.    The applicant shall execute a Disclosure Notice for approval by the County to be recorded with the Final Plat.  This notice shall provide information to all lot owners of the conditions of approval and special costs or fees associated with the approval of this project.  The notice shall include, but not be limited to, the issues related to rural development, fire department requirements, the requirement for any access permits and culverts, the recommendations of the State Geological Survey (addressing foundations), building envelopes, the need for passive radon mitigation, and the issues raised in the review and/or related to compliance with the Larimer County Land Use Code.

7.    Basement construction will not be permitted on Lots 5 and 6.

8.    Any required right-of-way dedication for County Road 54G will be shown on the final plat submitted at the beginning of the Final Plat process.

9.    The applicant’s geotechnical engineer will provide lining recommendations for the detention ponds at the final plat stage.

10.   The land division shall not be in effect until, and unless, the Eckberg MLD (File #06-S2560) is approved by the Board of County Commissioners and the plats, Findings and Resolution and Disclosure notice are recorded for the Eckberg MLD.

 

D.   Approve the Rezoning of Meadows at Rolling Hills to Planned Development as proposed with the following condition:   

1.    Rezoning to PD will not be effective until and unless the Board of County Commissioners approve a Final Plat and the plat and all necessary documents are duly recorded.

E.   Determine that the February 13, 2006, approvals for Planned Land Division, Rezoning to Planned Development and Appeals shall be null and void if and when the Board of County Commissioners approve the Resubmitted Meadows at Rollins Hills (File #04-S2337) Planned Land Division, Rezoning and Appeals to LCLUC Section 3.1.2.a and Section 8.14.2.S.

 

M O T I O N

 

Commissioner Wagner moved that the Board of County Commissioners approve Items 1 through 5, as presented on the consent agenda and outlined above.

 

Motion carried 3-0.

 

6.  BLUFF LANE ADDRESSING APPEAL:  Property owners of Bluff Lane request that the Board retain the addresses as assigned, and not change them in accordance with the addressing resolution and staff recommendations.  This is the second meeting on this appeal with the first meeting being held on July 24, 2006.

As part of the Rural Addressing System, staff is proposing changes to existing addresses on Bluff Lane in Loveland.  During the analysis of this area, Bluff Lane was found to have sequential numbering and parity inconsistencies in accordance with the adopted addressing resolution.  Bluff Lane intersects with County Road 23 and the point of origin for the road is an east/west running road.  The numbers as you enter begin in the 5600 range and increase systematically until the road makes a turn, then the numbers sequentially get smaller.  This fluctuation in the address range is the reason for the Rural Addressing Systems proposed change.  Numbers must sequentially increase along the road as it continues, and in this case it does not.

 

The Development Services Team, along with members of staff, recommends denial of the request from the Bluff Lane residents and Homeowners Association (HOA) based upon the following:

 

  1. LETA and the County have funded monies toward this project to ensure a systematic addressing system is achieved and without re-addressing this road the intent of the Resolution is not met.
  2. The purposes of the Site Addressing and Road Naming System is to provide property owners, the general public, and Larimer County with an accurate and systematic means of identifying and locating property.  This includes the modification of address numbers on existing addresses and change road names as part of administering the resolution and addressing standards when found to be inconsistent.  The county is to establish a system of unique and consistent road names and address points while providing efficient public services and response.
  3. LETA in response to this appeal fundamentally requests that addressing be sequential for the duration of the road segment.  In this case, LETA finds the current addresses to be confusing.  Emergency responders and delivery services whom are looking for a lower numbered address may not continue for the duration of the road as the first 5 properties have addresses sequentially getting larger.  For example, when looking for 3930 Bluff Lane, driving past 5608, then 5714, then 5828, will likely make providers turn around and go back looking for the smaller range of numbers, wasting precious time for all parties.
  4. Upholding this appeal will result in out of scope work and additional costs to this project, currently not funded, as the addressing is inconsistent with the Resolution.
  5. By allowing this appeal and exempting this area or creating any area as an exception to the Rural Addressing System, would be negating the efforts to create a logical, systematic, and consistent addressing scheme in Larimer County.  Creation of such “pockets” would hinder the project, increase the potential for similar appeal pursuits, and disrupt the guiding principals and intent for improvement as requested by funding providers.

 

Staff recommends that Option #1, as presented in the appeal letter to owners, be approved:

 

  1. Change nine (9) address numbers on Bluff Lane as recommended by the Project Team.  This keeps numbering sequencing from low to high as properties are located farther from the intersection of County Road 23 and Bluff Lane.  The change of address numbers to a sequential numbering scheme with addresses starting in the 5600 range and increasing according to the east/west grid system designation allows the road to continue to be one continuous road name with sequentially increasing numbers.

 

Ms. Goggin, and Mr. Garton, addressed the Board, and explained that there is a need for an addressing change on Bluff Lane due to non-sequential house numbers.  According to the Larimer Emergency Telephone Authority (LETA), this particular road needs to conform to their addressing standards.  Based on the last meeting with residents and staff regarding this issue, four possible options were presented, and Option #1 was deemed most acceptable by both staff and residents alike. Ms. Goggin spent some time explaining all four options, along with their benefits and downfalls.

Mr. Gene Pakenham, representative of the HOA, addressed the Board and explained that it was the opinion of the HOA that Option #1 was the best choice; however, they would prefer that no addressing changes take place.  He stated that they wanted to be in compliance with the County standards and would follow the necessary guidelines.  Pat Burnett and Debbie Wiens, residents of Bluff Lane, addressed the Board and agreed that Option #1 would be acceptable.  Some discussion among the Commissioners ensued regarding each option presented.

 

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners deny the request to retain existing addresses as assigned and that addresses be assigned consistent with the Rural Addressing System and Resolution and the recommendation listed above.

Motion carried 3-0.

 

The meeting recessed at 3:30 p.m.

 

LAND USE HEARING

(#112 & #113)

 

The Board of County Commissioners reconvened at 6:30 p.m.  Chair Gibson presided and Commissioner Rennels and Wagner were present.  Also present were: Martina Wilkinson, Traffic Engineer; Kyle Arend, Project Engineer; Mark Peterson, and Rusty McDaniel, Engineering Department; Marc Engemoen, Public Works Director; Bill Ressue, Assistant County Attorney; and Kristen Romary, Deputy Clerk. 

 

Chair Gibson opened the meeting, and asked for public comment on the County Budget and the Land Use Code.  No one from the audience addressed the Board regarding these issues.

 

1.  TAFT AND VINE INTERSECTION IMPROVEMENTS:  This is a request that the Board of County Commissioners determine whether the intersection improvements will consist of a widened roadway and signalization, or construction of a modern roundabout to be included as a part of the Engineering Capital Project No. 265.         

Larimer County Engineering will be reconstructing Taft Hill Road from LaPorte Avenue to the Poudre River Bridge in the coming year.  The intersection of Taft Hill and Vine Drive will be improved as a part of this project because the current narrow roadway approaches and 4-way stop no longer adequately handles the traffic volumes.     

The initial assumption was that this intersection would need to be signalized.  By national standard, traffic signals are only installed if/when they meet at least one, and preferably more of the eight “warrants” provided in the Manual on Uniform Traffic Control Devices (MUTCD).   In this case, the only warrant currently met is during the peak hour of travel (i.e. rush hour).  So while allowable, a signal is really only needed during brief periods of the day.    

Subsequently, consideration has been given to whether a single lane modern roundabout is a feasible alternative.   At a County Commissioner worksession on July 10, 2006, the Board directed the Engineering Department to undertake an intersection alternatives analysis to compare the two options.   The process over the past six weeks included three components:  engineering analysis; public outreach program and consideration for and compilation of public input; and collaboration with potentially affected interests.

The engineering analysis reviewed 11 criteria.  Five of the criteria (function, emissions, safety, aesthetics, and trees to be saved) result in a preference for the roundabout and two criteria (ease of maintaining the construction schedule and initial public perception) point towards a preference for a signal.  The remaining criteria (bikes/pedestrians, trucks, operations/maintenance, cost, and right of way needed) were deemed neutral between the two alternatives. 

The public outreach effort garnered almost 100 comments from various citizens.  53% preferred the roundabout alternative, 38% preferred the signal, and about 10% were neutral. 

The collaborative effort with potentially affected interests (most notably Poudre School District and emergency service providers) indicated a signal is an easily known and understood alternative, while a modern roundabout remains somewhat of an unknown.  However, these interests did not indicate a specific opposition to a roundabout option and recognition is given to the distinctive advantages of a roundabout (especially related to safety).  Further communication, education, and refinement of design details based upon others’ experience would be needed and essential to best mitigate any concerns (primarily related to student users and emergency services).

Staff’s recommendation states that either intersection alternative would be a viable and acceptable option for the intersection of Taft Hill and Vine Drive.  Both the signal and the roundabout would adequately address the existing and future transportation needs of the corridor, and neither alternative contains a ‘fatal flaw’ that would necessitate its removal from consideration.  However, given that:  The engineering analysis indicates a functional, safety, and aesthetic advantage (among others) of the roundabout without impact to cost or right of way; and a majority of general citizens prefer the roundabout to the signal, and the most significant potentially affected interests (PSD and emergency service providers) are not opposed to the roundabout concept.  It is the Engineering staff’s recommendation that a single lane modern roundabout be chosen as the intersection control type to be constructed as a part of the Taft Hill Road Rehabilitation Project.    

Engineering staff is keenly aware that a decision for a modern roundabout would necessitate a continued communication and education effort with both citizens and other affected interests.  An education outreach program regarding roundabout use and targeted information for students and parents would be very important.  In addition, there is much to learn from existing roundabouts in operation, and a collaborative effort with Potentially Affected Interests (PAIs) to identify concerns and mitigation measures (both in design and education) would be expected. 

Ms. Wilkinson, and Mr. Arend addressed the Board and explained in detail, aspects of the proposed project along with a comparison analysis of a roundabout as opposed to a signalized intersection.  Mr. Arend stated that construction would begin in the summer of 2007.

Commissioner Wagner addressed a potential need for a crossing guard during school hours, and Ms. Wilkinson assured her that conversations would continue with PSD as the project progressed.  Commissioner Rennels asked about safety to pedestrians, and was informed that there would be discussions regarding in-pavement lighting, and push-button flashing lights. 

 

Russell Brown, resident near the Taft intersection and a teacher at Poudre High School, addressed his concerns regarding the roundabout.  He felt as though inexperienced drivers going to and from school will always be an issue at this particular intersection.  As a school teacher he felt that young drivers would not be ready to maneuver in a roundabout.  On the contrary, Deb and Steve Ackerman, Brad Rhoda, Blake Humphrey, Steve Knox, Mike Henggeler, Chip Holcolm, Scott Walker, and Hailey Bates, all residents around the same intersection, expressed their approval of a roundabout.  Some of their opinions included worry that drivers will try to beat the light, which will increase their speed throughout the neighborhood.  Use of a roundabout can be easily learned by young and old drivers alike.  A roundabout will lower emissions, and force drivers to drive more slowly.  A roundabout will have less of an impact on mature trees in the area.  Finally, several residents felt as though a roundabout would be safer for pedestrians and bikers.  Chair Gibson closed public comment and discussion ensued among the Commissioners.

 

M O T I O N

Commissioner Wagner moved that the Board of County Commissioners approve the construction of a single lane modern roundabout as the intersection control type at Taft Hill and Vine Drive as a part of the Taft Hill Road Engineering Capital Project No. 265, with the stipulation that close coordination continue with Potentially Affected Interests and an educational effort be initiated with the general public; specifically with area school officials, students, and parents. 

Motion carried 3-0.

 

2.  AMENDMENTS TO THE LARIMER COUNTY TRANSPORTATION PLAN:  This is a request that the Board of County Commissioners recommend to the Planning Commission that they adopt the proposed changes to the Larimer County Transportation Plan.  Changes are being proposed  to six separate but very interrelated transportation topics which include:  Larimer County Transportation Plan (including short and long term roadway improvements); Functional Road Classification Definitions and Assignments in Unincorporated Areas; Rural Roadway Right-of-Way Widths; Setback Requirements; Rural Area Road Standards (formally the Larimer County Rural Road Manual); Transportation Capital Expansion (Impact) Fees. 

 

Mr. Peterson and Ms. Wilkinson outlined the major changes to each topic listed above.  Mr. Peterson stated that area growth, increased traffic counts, regional road changes, and cost have presented the need for an update to the current Transportation Plan.  Ms. Wilkinson explained that the purpose for these changes are to provide a more efficient system that meets multiple needs, balances mobility, and anticipates build-out. 

 

It was explained that although many of the changes are technical in nature, some have impact to citizens and/or groups or are of interest to neighboring communities.  The engineering staff undertook a public outreach effort during the summer of 2006 to provide information on the changes and garner feedback and input.  The public outreach effort included:

 

  1. Notification of 110 property owners by letter that changes we are proposing to the functional classification of the road adjacent to their property would possibly change the status of certain structures on their property from currently conforming to the setbacks to becoming non-conforming.  Provided opportunities for these owners to discuss these changes with staff via phone or meet individually on site.
  2. Sent summary packets to the governmental entities in Larimer County explaining the proposed changes.
  3. Held two open houses; one in Loveland and one in Fort Collins.  Approximately 10 people visited the Loveland open house and 20 people came to the Fort Collins open house.
  4. Met with the Home Builder’s Association to discuss the proposed increases to the Capital Expansion Fees.
  5. Met with a group of residents from the Waverly area.

 

Overall, the proposed changes were well received.  Staff received minimal negative feedback with only a few people expressing specific displeasure with any of the proposals.  Mr. Engemoen addressed several of the concerns that had been received by staff.

 

Michelle Jacobs and Dave Dunn approached the Board with specific questions and suggestions regarding the changes to the Transportation Plan.  Mr. Dunn requested that more discussion between the affected entities take place, and Mr. Engemoen stated that those conversations were currently being addressed.  Some discussion among the Commissioners ensued, regarding the projected transportation fees.

 

M O T I O N

 

Commissioner Rennels moved that the Board of County Commissioners recommend that the Planning Commission adopt the proposed changes to the Larimer County Transportation Plan.

Motion carried 3-0.

 

 

The meeting adjourned at 8:55 p.m.

 

 

TUESDAY, SEPTEMBER 19, 2006

 

ADMINISTRATIVE MATTERS

(#114 & 115)

 

The Board of County Commissioners met at 9:30 a.m. with Assistant County Manager Neil Gluckman.  Chair Gibson presided and Commissioners Wagner and Rennels were present.  Also present were: Frank Lancaster, Deni LaRue, and Donna Hart, Commissioners’ Office; Marc Engemoen, Public Works; Bill Gleiforst, and Rusty McDaniel, Engineering Department; Kathy Snell, and Richard Guest, Health and Human Services; Matt Lafferty, Planning Department; and Gael Cookman, Deputy Clerk.

 

1.    PUBLIC COMMENT:  There was no public comment today.

 

2.     APPROVAL OF THE MINUTES FOR THE WEEK OF SEPTEMBER 11, 2006:

 

M O T I O N

 

Commissioner Wagner moved that the Board of County Commissioners approve the minutes for the week of September 11, 2006.

 

Motion carried 2-0; Commissioner Rennels abstained.

 

M O T I O N

 

3.    REVIEW THE SCHEDULE FOR THE WEEK OF SEPTEMBER 25, 2006:  The Commissioners reviewed and discussed the upcoming schedule with Ms. Hart.

 

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 September 19, 2006:

 

ABATEMENTS:  As recommended by the County Assessor, the following Petitions for Abatement are approved:  Inn at Fort Collins; B and W of Loveland, LLC.

 

09192006A001           AGREEMENT REGARDING THE LITTLE THOMPSON WATER DISTRICT WATER LINE ALONG COUNTY ROAD 14 AND BRIDGE #14-0.8-23

 

09192006R001           RESOLUTION PROVIDING FOR THE APPOINTMENT OF INDEPENDENT REFEREES TO CONDUCT PROPERTY TAX EXEMPTION HEARINGS ON BEHALF OF THE LARIMER COUNTY BOARD OF EQUALIZATION

 

09192006R002           FINDINGS AND RESOLUTION APPROVING THE CHATEAU DU VALLON SUBDIVISION PRELIMINARY PLAT

 

09192006R003           FINDINGS AND RESOLUTION DENYING THE WESTERN RIDGE STABLES SPECIAL REVIEW

 

09192006R004           FINDINGS AND RESOLUTION RECOMMENDING ADOPTION OF THE RED FEATHER LAKES AREA PLAN AS AN ELEMENT OF THE LARIMER COUNTY MASTER PLAN

 

09192006R005           FINDINGS AND RESOLUTION APPROVING THE PETITION OF BONSER GRAVEL PIT SPECIAL REVIEW

 

09192006R006           FINDINGS AND RESOLUTION APPROVING THE PETITION OF FLYING "W" GRAVEL PIT SPECIAL REVIEW

 

09192006R007           FINDINGS AND RESOLUTION APPROVING THE MEADOWS AT ROLLING HILLS PLANNED LAND DIVISION PRELIMINARY PLAT, REZONING TO PLANNED DEVELOPMENT, AND APPEALS

 

09192006R008           FINDINGS AND RESOLUTION APPROVING THE STEPHENSON APPEAL TO EXPAND A NONCONFORMING FACILITY

 

09192006R009           FINDINGS AND RESOLUTION APPROVING THE OLD BERTHOUD HOMESTEAD MINOR LAND DIVISION APPEAL

 

09192006R010           FINDINGS AND RESOLUTION APPROVING THE SPARKS APPEAL TO EXPAND A NONCONFORMING FACILITY

 

09192006R011           FINDINGS AND RESOLUTION APPROVING THE FRONT RANGE CONDOMINIUMS

 

09192006R012           FINDINGS AND RESOLUTION APPROVING THE HANDY APPEAL TO EXPAND A NONCONFORMING RESIDENCE

 

09192006R013           FINDINGS AND RESOLUTION APPROVING THE SPIEGEL APPEAL TO EXPAND A NONCONFORMING RESIDENCE

 

09192006R014           FINDINGS AND RESOLUTION APPROVING THE THREE BELLS PIT APPEAL

 

MISCELLANEOUS DOCUMENTS:  Department of Human Services Payments for July 2006; Annual Compliance Certification and Semi-annual Monitoring Report.

 

LIQUOR LICENSES:  The following licenses were approved and issued:  Gonzalo's Spanish Manor - Tavern - Fort Collins; The Forks Mercantile - Livermore - Hotel and Restaurant; The Forks Mercantile - 3.2% - Livermore; Charco Broiler - Hotel and Restaurant - Fort Collins.  The following permits were approved:  Loveland Sertoma Club, Inc. - 6% Special Events Permit - Loveland; Berthoud Arts and Humanities Alliance - 6% Special Events Permit - Berthoud; Colorado Women's Roller Derby, Inc. - 6% Special Events Permit - Fort Collins.

 

Motion carried 3-0.

 

5. FAMILY DAY PROCLAMATION:  Mr. Gluckman presented the Family Day Proclamation request to the Board; Commissioner Wagner read the proclamation aloud.

 

M O T I O N

 

Commissioner Wagner moved that the Board of County Commissioners proclaim September 25, 2006, as Family Day - A Day to Eat Dinner with your Children.

 

Motion carried 3-0.

 

 

6.   REVIEW OF SPEED LIMITS ON COUNTY ROAD 74E (RED FEATHER LAKES ROAD):  Mr. Engemoen informed the Board that the Engineering Department has conducted a study of the speed limits and road conditions regarding the Red Feather Lakes Road, also know as County Road 74E.  He explained that there are a number of factors to consider when establishing speed limits on roadways; such as the physical attributes of the road, prevailing speeds used by motorists, accident history of the area, and how severe weather might affect road conditions.  Mr. Gleiforst presented a map of the area surveyed and described the speed study in detail.  He explained that the current speed limit is 40 miles per hour for the first two miles of the road, and 45 miles per hour for the next two miles of roadway.  Mr. Gleiforst stated that, based upon their study, the road could accommodate a higher speed limit; therefore, the  Engineering Department is recommending that the speed limits be increased to 45 and 55 miles per hour respectively.  Some discussion ensued, and Commissioner Rennels asked Mr. Engemoen to consider decreasing the speed, or post warning signs, further east along County Road 74E, as the sight distance and road conditions in this area are more challenging for motorists to navigate.

 

 

7.   REQUEST FOR POLICY DIRECTION ON WHAT ROAD IMPROVEMENTS THE BOARD OF COMMISSIONERS WOULD LIKE TO HAVE DIRECT APPROVAL ON:  Mr. Lancaster explained that most road improvements completed by the County are based upon the county transportation plan and generally accepted engineering practices.  He stated that there has been some concern expressed that the Board of County Commissioners should approve the installation of traffic signals. 

 

Discussion ensued and Chair Gibson stated that he does not support the installation of traffic signals, and would prefer that roundabouts be utilized instead.  Commissioner Wagner stated that she trusts the judgment of the Engineering staff and does not believe that the Commissioners should micro-manage their work. Commissioner Rennels agreed with Commissioner Wagner; however, she suggested providing the Board with advanced notice of the installation of traffic signals, or other traffic calming devices, in the future.  Chair Gibson again stressed his desire to change the philosophy and attitude about the installation of traffic signals.  Mr. Engemoen summarized by stating that the Engineering Department will continue to utilize engineering standards and will look at all possible alternatives to implementing traffic signals, but they will not bring each and every improvement proposal to the Board of County Commissioners for approval.

 

8.  CONSIDERATION OF NEW TRAFFIC SIGNAL AT LINCOLN AVENUE AND LINK LANEBased upon the decision of Item 7, listed above, this item was not discussed in detail, as the project is already under way.  Mr. Engemoen informed the Board that the Engineering Department had considered the use of a roundabout at this location; however, due to drainage problems, available right-of-way, and other issues, installation of the traffic signal was chosen as the most practical solution.

 

9.  DISCUSS TRANSIT FUNDING FOR FOXTROT AND RURAL TRANSIT:  Ms. Snell explained that there is insufficient funding for the rural transit services and suggested the possibility of shifting $25,000 in Foxtrot funds to fund paratransit service for the elderly and disabled residents in the northern part of the county.  Ms. Snell outlined other possible options, which included the use of taxi cab services, use of Community Corrections vehicles, and possible elimination of the program altogether.  She also explained that the cities of Loveland and Fort Collins would be affected if monies were diverted from the Foxtrot funds, as both entities are also funding partners of the program.  Much discussion ensued.  The Board directed Ms. Snell to work closely with the cities and consultants on possible solutions.  Commissioner Wagner volunteered to accompany Ms. Snell in meeting with the City of Fort Collins staff on this issue.

 

 

10.  TIME EXTENSION FOR THE RECORDING OF THE FINAL PLAT FOR KINARD JR. HIGH SCHOOL MINOR LAND DIVISION (MLD):  Mr. Lafferty explained that the Board approved the Kinard Jr. High School MLD in September of 2005 with the condition that the final plat be recorded by March 6, 2006.  Mr. Lafferty noted that there was an error regarding the boundary of the property; therefore, the plat boundary had to be adjusted and this process took longer than expected.  He requested Board approval to record the plat without having to complete a formal time extension request via the hearing process.

 

M O T I O N

 

Commissioner Rennels moved that the Board of County Commissioners approve recording of the Kinard Jr. High Minor Land Division final plat without having to extend the completion date through the hearing process.

 

Motion carried 3-0.

 

11.  WORKSESSION:   Mr. Gluckman explained that there was a Scribner's error in the ballot resolution regarding the criminal justice issue; he noted that the amount of increase for the first fiscal year was omitted in the copy previously approved by the Board.  Mr. Gluckman requested that the Board take action to correct this item.

 

M O T I O N

 

Commissioner Wagner moved that the Board of County Commissioners correct a Scribner's error in the Resolution Calling an Election to Certify a Ballot Title and Question for an Additional Five Mill Levy to the County Ad Valorum Tax, approved on September 5, 2006.  The amount of the tax increase for the first year, as previously discussed by the Board, was omitted from the signed copy, and that amount is $18,675,000.

 

Motion carried 3-0.

 

Mr. Gluckman requested the Board sign an agreement with the Sheriff in order to complete the requirements set forth by Senate Bill 90 regarding the Board of County Commissioners relationship with peace officers. 

 

M O T I O N

 

Commissioner Rennels moved that that Board of County Commissioners approve the agreement regarding Senate Bill 90; authorize the Chair to sign the same, and forward to the Sheriff for final completion.

 

Motion carried 3-0.

 

Finally, Mr. Gluckman presented the agenda for the upcoming Methamphetamine Summit that will be hosted jointly by Larimer County and Weld County.  

 

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

 

13.   LEGAL MATTERS:  There were no legal matters to discuss.

 

The meeting ended at 11:20 a.m.

 

 

 

 

__________________________________________

                        GLENN W. GIBSON, CHAIR

BOARD OF COMMISSIONERS

 

 

SCOTT DOYLE

CLERK AND RECORDER

 

ATTEST:

 

_______________________________________

Kristen Romary, Deputy Clerk   

 

_______________________________________

Gael M. Cookman, Deputy Clerk   

 

 

 

Background Image: Rocky Mountain National Park by Sue Burke. All rights reserved.