MINUTES OF THE BOARD OF COUNTY COMMISSIONERS
Monday, August 4, 2008
LAND USE HEARING
The Board of County Commissioners met at 3:00 p.m. with Matt Lafferty, Principal Planner. Chair Gibson presided and Commissioners Eubanks and Rennels were present. Also present were: Michael Whitley, Planning; Christie Coleman, Engineering; Gael Cookman, Clerk and Recorder Office; Jeannine Haag, Assistant County Attorney; and Melissa Lohry, Deputy Clerk.
Chair 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.
Ms. Cookman requested that the Board of County Commissioners convene as the Board of Equalization to approve the recommendations of the Board of Equalization Referees from hearings held on July 29 and July 30, 2008.
M O T I O N
Commissioner Eubanks moved to adjourn meeting as the Board of County Commissioners and convene as the Board of Equalization.
Motion carried 3-0.
M O T I O N
Commissioner Rennels moved that the Board of Equalization approve the recommendations of the referees for the hearings held on July 29 and July 30, 2008.
Motion carried 3-0.
There being no further business for the Board of Equalization, the Board adjourned and reconvened as the Board of County Commissioners.
Chair Gibson noted that the following item was on consent and would not be discussed unless requested by the Board, staff, or members of the audience:
1. WEICKUM MINOR SPECIAL REVIEW, FILE #08-Z1698: This is a request for Minor Special Review to allow a detached Accessory Living Area on the 35.03 acre property situated on the east side of Bitterroot Gulch Road northeast of the intersection of Bitterroot Gulch Road and Quillan Gulch Road. The property has an existing 704 square foot, one-bedroom living area in a 1,600 square foot detached barn. A permit to build the barn was issued in 2002, but a permit was not obtained to add a living area to the barn. There is not a principal residential structure on the property.
The property owners have indicated they would like to build a three bedroom single-family home on the property. Once the single-family home is built, the existing living area in the barn would be used for visiting guests, principally the property owners’ five children and their families. An Accessory Living Area can only be used for guests of the occupants of the main single-family home and cannot be rented or leased separately from the main home.
Typically, only one residential house is permitted per property. Unless a Minor Special Review is approved by the Board of County Commissioners, the existing one-bedroom living area is considered to be the principal residential house on the property. This means that a permit will not be issued for construction of another house on the property unless the Minor Special Review is approved or the existing living area is removed.
If the Minor Special Review is approved, a building permit for a principal home could be issued, and the existing living area would become the Accessory Living Area. The size of an Accessory Living Area is limited to 40 percent of the square footage of the main home (excluding the garage or basement area) or 800 square feet, whichever is less. Since the existing living area is 704 square feet, a future principal home must be at least 1,760 square feet.
At the time of the building permit application for a new residential building, the owners will be required to sign a Detached Accessory Living Area Agreement. That agreement will indicate that the owners have agreed to the limitations on the use of the living area and will advise potential future property owners of the restrictions placed on the Accessory Living Area.
Minor Special Review approval automatically expires without a public hearing if the use is not commenced within three years from the date of approval. If the proposed Minor Special Review is approved and a permit is not issued for a principal residential building on the property within the three-year timeframe, approval of this application would expire.
Planning staff has no issues or concerns with this request and find it meets the requirements for an Accessory Living Area, as defined by the Land Use Code, as long as the future home built on the property is at least 1,760 square feet (to comply with the Accessory Living Area size requirements) and as long as the use of the recreational vehicle on the property complies with the requirements discussed in staff’s report.
The Development Services Team recommends that the Board of County Commissioners approve the Weickum Minor Special Review (File #08-Z1698), subject to the following conditions:
1. The Site shall be developed consistent with the approved plan and with the information contained in the Weickum Minor Special Review (File #08-Z1698), except as modified by the conditions of approval or agreement of the County and applicant. The applicants shall be subject to all other verbal or written representations and commitments of record for the Weickum Minor Special Review.
2. This application is approved without the requirement for a Development Agreement. In the event the applicants fail to comply with any conditions of approval or otherwise fail to use the property in a manner consistent with the approved Minor Special Review, the applicants agree that, in addition to all other remedies available, the County may withhold building permits, issue a written notice to applicants to appear and show cause why the Minor Special Review approval should not be revoked, and/or bring a court action for enforcement of the terms of the Minor Special Review. All remedies are cumulative, and the County’s election to use one shall not preclude use of another. In the event County must retain legal counsel and/or pursue a court action to enforce the terms of this Minor Special Review approval, the applicants agree to pay all expenses incurred by County; including but not limited to, reasonable attorney fees. The County may conduct periodic inspections to the property and reviews of the status of the Minor Special Review, as appropriate to monitor and enforce the terms of the Minor Special Review approval.
3. The Findings and Resolution shall be a servitude running with the Property. Those owners of the property, or any portion of the property, who obtain title subsequent to the date of recording of the Findings and Resolution, their heirs, successors, assigns or transferees, and persons holding under applicants shall comply with the terms and conditions of the Minor Special Review approval.
4. The owners are responsible for obtaining all required building permits for the existing residence and for any future residential buildings. All applicable fees, including permit fees and Transportation Capital Expansion Fees, shall apply to this use.
5. The habitable space of the current structure shall not be further expanded beyond the existing 704 square feet.
6. At the time of the building permit application for a new residential building, the owners shall sign a Detached Accessory Living Area Agreement which will indicate what the owners have agreed to and will advise potential future lot buyers of the restrictions placed on the Accessory Living Area. This agreement will be recorded with the Larimer County Clerk and Recorder.
7. At the time that a building permit for another residential building is requested, the Health Department will evaluate the capacity of the septic system. If the total number of bedrooms in the residence and accessory dwelling unit is more than four, the septic system would need to be enlarged. Enlarging the septic system requires a design meeting Health Department technical standards, and a permit issued by the department for the work.
8. The use and/or storage of the recreational vehicle on the property shall comply with the standards found in Section 18.3.5 (Recreational vehicles outside county-approved recreational vehicle parks and campgrounds) of the Larimer County Land Use Code.
9. The existing structure must be inspected by a Colorado Registered Structural Engineer for compliance with all applicable code and structural requirements for habitable structures. If the structure does not comply with the applicable requirements, the structure must be modified to comply with those requirements.
10. The property owners should pay all fees for the required change of occupancy building permit and must obtain all required inspection approvals for the dwelling within 60 days from the date of approval of the Minor Special Review.
M O T I O N
Commissioner Rennels moved that the Board of County Commissioners approve the Consent Agenda for August 4, 2008.
Motion carried 3-0.
There being no further business, the meeting recessed at 3:10 p.m.
Land Use Hearing
The Board of County Commissioners reconvened at 6:30 p.m. with Matt Lafferty, Principal Planner. Chair Gibson presided and Commissioners Eubanks and Rennels were present. Also present were: Chad Gray and Sean Wheeler, Planning Department; Traci Downs and Matt Johnson, Engineering Department; Doug Ryan, Health Department; Gael Cookman and Tamara Slusher, Clerk and Recorder’s Office; Jeannine Haag, Assistant County Attorney; and Melissa Lohry, Deputy Clerk.
Chair Gibson opened the meeting by asking for public comment on the County Budget and Land Use Code. No one from the audience addressed the Board regarding these topics.
Mr. Wheeler explained that Agenda Items 1a and 1b, TICO’ S ROOFING SPECIAL EXCEPTION, FILE #07-Z1629 and TICO’S CODE COMPLIANCE, FILE #06-CC0427, were scheduled for discussion at this hearing. However, Mr. Wheeler has been indirectly informed that the applicant is planning to withdrawal this application and relocate the business. Since neither the applicant nor his legal representation were present, these facts could not be verified. Commissioner Rennels suggested moving this item to the end of the meeting to see if the applicant or members of the public arrive to speak on the issue. This being approved by Chair Gibson and Commissioner Eubanks, the Board moved forward with the next item on the agenda.
2. MCBLAIR RANCH SHOOTING RANGE SPECIAL REVIEW AND APPEAL, FILE #07-Z1664: This is a request for approval of a 4-H shooting range on property near Masonville, which is located in the O-Open zone district. The shooting range has been in operation for approximately three years. In October 2007 the County requested that the applicant apply for a Special Review to operate a shooting range.
The property is located in the Buckhorn Canyon near Masonville, off County Road 27. The property (as are others in the area) is zoned O-Open. Other properties in the area are residential and most have agricultural operations. Comments from neighbors and the applicant indicate that there are several personal shooting ranges in the area.
The Larimer County Land Use Code defines a shooting range as a recreational use and “a facility designed and arranged to accommodate fixed or moving targets for shooting practice with firearms or bow and arrow.” A shooting range with any outdoor activity requires approval through the Special Review process.
The applicant has indicated that the shooting range will occupy two acres of a 40-acre parcel. The proposal indicates that the range will be used approximately twice a week, for a total of three hours per week. Small arms fire will include ten sessions: two hours per week on ten consecutive Sundays. Muzzleloaders will include ten sessions: one hour per week on ten consecutive Tuesday evenings.
The Development Services Team recommends approval of the McBlair Ranch Special Review, File # 07-Z1664, subject to the following conditions:
1. This Special Review approval shall automatically expire without a public hearing if the use is not commenced within three years of the date of approval.
2. The site shall be developed consistent with the approved plan and information contained in the McBlair Ranch Special Review, File # 07-Z1664, except as modified by the Conditions of Approval or agreement by the County and the property owner. The property owner shall be subject to all other verbal or written representations and commitments of record for the McBlair Ranch Special Review, File # 07-Z1664.
3. Failure to comply with any conditions of the Special Review approval may result in reconsideration of the use and possible revocation of the approval by the Board of County Commissioners.
4. This application is approved without the requirement for a Development Agreement.
5. In the event the property owner fails to comply with any conditions of approval, or otherwise fails to use the property in a manner consistent with the approved Special Review, the County may (in addition to all other remedies available to County) withhold building permits related to the Shooting Range use, issue a written notice to applicant to appear and show cause why the Special Review approval should not be revoked, and/or bring a court action for enforcement of the terms of the Special Review. All remedies are cumulative, and the County’s election to use one shall not preclude use of another. In the event County must retain legal counsel and/or pursue a court action to enforce the terms of this Special Review approval, applicant shall pay all expenses incurred by County including, but not limited to, reasonable attorney’s fees.
6. The Findings and Resolution shall be a servitude running with the property, while not limiting the right of the property owner to restrict the use of the property. Those owners of the property, or any portion of the property, who obtain title subsequent to the date of recording of the Findings and Resolution, their heirs, successors, assigns or transferees, and persons holding under applicants shall comply with the terms and conditions of the Special Review approval.
7. The property owner or range operator will provide toilet facilities in accordance with the submitted project description Item 4, on Pages 2 and 3. The portable toilet will be screened from view by the end of the shooting season or within 180 days of approval of this Special Review. Additionally, the unit will need to be serviced by a licensed systems cleaner. If use of the shooting range exceeds or differs from the level of use outlined in the proposal, staff’s report, and the findings of the County Commissioners, the applicant will need to revise the level of service provided for sewage disposal and apply for an Amended Special Review.
8. Lead mitigation for the use shall be in accordance with the information submitted in the property owner’s project description, specifically Item 5.C., Pages 3-5.
9. Noise mitigation for the use shall be in accordance with the information submitted in the property owner’s project description, specifically Item 5.C., Pages 6-7.
In addition to the above, the Development Services Team recommends denial of the appeal to Section 9.7 of the Larimer County Land Use Code, a request to provide right-of-way for County Road 27.
Following presentation of the above information by staff, the applicant, Charles Clausen, addressed the concerns he had with Conditions 5 and 7. Mr. Clausen’s first concern was with the responsibility for legal fees, as assigned to him in condition five, stating that he should not be held financially accountable for the actions of individuals he allows to use the property. Ms. Haag informed the applicant that responsibility of enforcing these conditions lies with the land owner; and in order to prevent misuse of his property, Mr. Clausen should require all users of the property to sign and uphold a contract outlining proper use in accordance with the conditions.
Satisfied with this explanation and proposed remedy, Mr. Clausen stated that his only other concern lies within condition seven, the requirement to conceal the portable toilet facilities to be placed on the property during shooting events. He stated that the requirement to paint the toilet facilities was implausible. Chair Gibson agreed that this was not a plausible solution, and suggested the condition be changed to require the toilet facilities to be “screened from view” through the use of a fence.
In conclusion, Mr. Clausen asked that the right-of-way appeal be granted, expressing his concern regarding undue expenses he will have to incur if it is not and the fact that travel on the road will be minimal.
At this time, Chair Gibson opened the hearing for public comment. Mr. Gary Jacobson, owner of nearby property, spoke out against the approval of the Special Review, stating that allowing a shooting range in a growing rural area was not sensible. Mr. Jacobson stated that he has created lots upon his land that he will try to sell, and the shooting range will undoubtedly lower the value of those lots. Finally, Mr. Jacobson called attention to the Colorado Youth Authority’s outdoor shooting range and proposed this range as an alternative location for the activities proposed above.
Speaking in favor of approval of the Special Review was Marilyn Dion, a neighbor living adjacent to the property in question. She explained that the sound of shooting was not disruptive to her and was certainly not as loud or irritating as the cars and motorcycles that drive past her house on the weekends. Also speaking in favor of approval was Sylvia Clausen, wife of Charles Clausen, who informed the Commissioners that shooting was not the only activity taking place on their property during these 4H events. She stated that camping, survival training, safety training, and other events also occur and are important components of the 4H program.
Chair Gibson closed public comment and opened the hearing to comments from the Board.
Commissioner Eubanks questioned staff as to why they recommended denial for the appeal to Section 9.7 of the Larimer County Land Use Code, a request to provide right-of-way for County Road 27. Mr. Johnson explained this was in keeping with normal treatment and procedure of the Special Review process. Chair Gibson suggested granting the appeal due to the special conditions that exist for this specific request, and the Board agreed.
Commissioner Rennels spoke to the restrictive language of the conditions suggested by staff, a sentiment echoed by both Commissioner Eubanks and Chair Gibson. However, after directly questioning the applicant, the Board was satisfied that the restrictions were in place at Mr. Clausen’s request.
M O T I O N
Commissioner Eubanks moved that the Board of County Commissioners approve the McBlair Ranch Special Review, File #07-Z1664, with the modification to Condition Number 7.
Motion carried 3-0.
M O T I O N
Commissioner Rennels moved that the Board of County Commissioners approve the appeal to Section 9.7 of the Larimer County Land Use Code, a request to provide right-of-way for County Road 27.
Motion carried 3-0.
With no applicant or public present at this time to comment on Items 1a and 1b, TICO’ S ROOFING SPECIAL EXCEPTION, FILE #07-Z1629 and TICO’S CODE COMPLIANCE, FILE #06-CC0427, the Board suggested the items be tabled until August 25, 2008, at 3:00 p.m., or until the applicant submits a written withdrawal of the application.
M O T I O N
Commissioner Eubanks moved that the Board of County Commissioners table Items 1a and 1b, TICO’ S ROOFING SPECIAL EXCEPTION, FILE #07-Z1629 and TICO’S CODE COMPLIANCE, FILE #06-CC0427, until August 25, 2008, at 3:00 p.m.
Motion carried 3-0.
There being no further business, the meeting adjourned at 7:35 p.m.
TUESDAY, August 5, 2008
The Board of County Commissioners met at 9:00 a.m. with Assistant County Manager, Neil Gluckman. Chair Gibson presided and Commissioners Eubanks and Rennels were present. Also present were: Deni LaRue and Donna Hart, Commissioners’ Office; John Gamlin, Bridget Paris, and Pam Stultz, Human Resources; Carol Block and Lorie Lopez, Finance; Melissa Craven and Alan Holmberg, Anderson & Whitney Accounting; Doug Ryan, Health Department; Dale Lockwood, Environmental Advisory Board; Gary Buffington, Natural Resources; Charlie Johnson, Engineering; Gael Cookman, Clerk and Recorder Office; Tamara Slusher, Deputy Clerk.
1. PUBLIC COMMENT:
Citizen Tim Hixon addressed the Board regarding the Larimer County False Alarm Reduction Program enacted by the Sheriff’s Department. Mr. Hixon expressed concerns regarding the fees and billing practices of the third-party vendor regarding this program. The Board ensured Mr. Hixon that they would inquire as to his concerns and contact him with their findings.
Citizen Mishie Daknis addressed the Board regarding the health insurance coverage provided by Larimer County to its employees. Ms. Daknis expressed concern regarding the lack of coverage for a diagnosis such as obesity. She also expressed concern that the Insurance Advisory Committee, as well as representatives from Larimer County Human Resources, did not sufficiently answer her questions regarding treatments of diagnosed obesity. Ms. Daknis expressed concern that the County’s current health care plan focuses mainly on the symptomatic treatment of complications due to obesity and not to curing the condition itself. Discussion ensued between the Board and Mr. Gamlin regarding the different options being offered to Larimer County employees, such as wellness programs and supplemental insurance coverages.
2. APPROVAL OF THE MINUTES FOR THE WEEK OF JULY 14, 2008:
M O T I O N
Commissioner Rennels moved that the Board of County Commissioners table approval of the minutes for the week of July 28, 2008, until August 12, 2008.
Motion carried 3-0.
3. REVIEW OF THE SCHEDULE FOR THE WEEK OF AUGUST 11, 2008: Ms. Hart reviewed the upcoming schedule with the Board.
4. CONSENT AGENDA
M O T I O N
Commissioner Eubanks moved that the Board of County Commissioners approve the following items as presented on the Consent Agenda for August 5, 2008:
08052008A001 AGREEMENT TO PURCHASE SERVICES BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS, FOR THE USE AND BENEFIT OF THE LARIMER COUNTY DEPARTMENT OF HUMAN SERVICES, AND UNITED WAY OF LARIMER COUNTY
08052008A002 DEPARTMENT OF PUBLIC WORKS CONSTRUCTION CONTRACT AGREEMENT BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND CONNELL RESOURCES, INC. TO CONSTRUCT TURN LANES AT HERMIT PARK, PROJECT NO. 7010
08052008A003 DEVELOPMENT AGREEMENT CABIN CREEK SUBDIVISION EAST AND CABIN CREEK SUBDIVISION WEST (PLANNING FILE #07-S2752) BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND DIANE WEIXELMAN
08052008A004 DEVELOPMENT AGREEMENT SWIERS-BELOIN CONSERVATION DEVELOPMENT (PLANNING FILE #06-S2588) BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND JASON J. SWIERS AND ALLEN BELOIN
08052008A005 FIRST AMENDMENT TO THE INTERGOVERNMENTAL AGREEMENT BY AND AMONG THE CITY OF FORT COLLINS, THE COUNTY OF LARIMER, AND THE FORT COLLINS DOWNTOWN DEVELOPMENT AUTHORITY
08052008R001 RESOLUTION REGARDING EXTENSION OF APPROVAL, FOX ACRES COUNTRY CLUB 2ND FILING LOT 37 AND COMMON PROPERTIES AMENDED PLAT
08052008R003 RESOLUTION FOR STATUTORY VESTED RIGHTS FOR CABIN CREEK SUBDIVISION EAST AND CABIN CREEK SUBDIVISION WEST
08052008R004 RESOLUTION FOR STATUTORY VESTED RIGHTS FOR SWIERS-BELOIN CONSERVATION DEVELOPMENT
08052008R005 RESOLUTION ESTABLISHING COMPENSATION FOR DISTRICT ATTORNEY APPOINTED OFFICIALS
08052008R006 RESOLUTION ESTABLISHING COMPENSATION FOR DISTRICT ATTORNEY APPOINTED OFFICIALS
MISCELLANEOUS: Final Plat – Swiers-Beloin Conservation Development; Final Plat – Cabin Creek Subdivision East; Final Plat – Cabin Creek Subdivision West.
LIQUOR LICENSES: The following license was approved and issued: North Shore RV and Store Inc. – 3.2% – Loveland.
Motion carried 3-0.
5. Policy 331.5F.II.F – Merit Increase: Ms. Paris and Mr. Gamlin presented information to the Board regarding the Human Resources Department’s recommendation of a 3.5% merit increases for county employees in 2009. They found that the competitive market (both governmental and private sector) suggests merit increases averaging 3.4%. The Board inquired about Larimer County’s standard merit increases of 5% and whether or not any increases lower than this rate would be deemed insignificant by employees. Discussion ensued regarding the 3.5% merit increase and how it will benefit the employees and the county, while still remaining competitive with both public and private entities. The Board asked questions regarding the difference between the Colorado average of 3.4% and the Human Resources Department’s recommendations of 3.5%. Mr. Gamlin explained that the extra 0.01% would only cost the county $85,000, a minimal budgetary impact. Ms. Paris explained that the current pay and compensation model in Larimer County was being re-evaluated. Ms. Paris and Mr. Gamlin requested that the Board approve the recommended 3.5% merit increase for 2009.
M O T I O N
Commissioner Rennels moved that the Board of County Commissioners approve a less than 5% (3.5%) annual merit increase in 2009 for employees.
Motion carried 3-0.
6. 2009 Medical Insurance Plan Renewal: Mr. Gamlin and Ms. Stultz presented information to the Board regarding the proposed 3% increase to employees for 2009 health insurance rates. The Board asked that this issue be tabled until August 12, 2008, pending further statistical analysis and discussion with the County Wellness Director.
M O T I O N
Commissioner Eubanks moved that the Board of County Commissioners table the 2009 Medical Insurance Plan Renewal until August 12, 2008.
Motion carried 3-0.
Commissioner Rennels left the meeting at this time.
7. 2007 Comprehensive Financial Report: Ms. Block, Ms. Lopez, Ms. Craven and Mr. Holmberg presented the 2007 Comprehensive Annual Financial Report to the Board. Mr. Holmberg, of Anderson & Whitney Accounting, stated that his firm had no reservations regarding the financial statements submitted by the Larimer County Finance Department. Mr. Holmberg also noted that the County’s internal controls showed no significant deficiencies, and there were no significant instances of legal non-compliance. Mr. Holmberg also submitted to the Board a separate document aimed at making recommendations regarding improving internal procedures and preventing future financial deficiencies. Ms. Block informed the Board that for the 25th year in a row, the Finance Department has received an award for excellence in their financial reporting. Ms. Block and Ms. Lopez asked the Board to approve the 2007 Comprehensive Financial Report as presented.
Discussion ensued regarding the methodology of performing more specific departmental expenditure audits; and Mr. Holmburg provided several suggestions to the Board.
M O T I O N
Commissioner Eubanks moved that the Board of County Commissioners approve the 2007 Comprehensive Financial Report.
Motion carried 2-0.
8. Request Environmental Advisory Board Review of the North I-25 Draft Environmental Impact Statement: Mr. Lockwood informed the Board that the North I-25 Draft Environmental Impact Statement was scheduled to be released in August or September. Mr. Lockwood expressed the desire to have the Larimer County Environmental Advisory Board (EAB) begin evaluating the document as soon as it is released. The Larimer County Environmental Advisory Board would then present its findings regarding any significant environmental or land use impacts to the Board. Mr. Lockwood expressed the importance of this project, as it may define the standard for Northern Colorado’s infrastructure.
M O T I O N
Commissioner Eubanks moved that the Board of County Commissioners give approval for the Larimer County Environmental Advisory Board (EAB) to begin review of the North I-25 Draft Environmental Impact Statement as soon as it is released, and provide to the Board any significant environmental or land use impacts determined by the EAB.
Motion carried 2-0.
9. Sale of Lot 12 Waltonia in Big Thompson Flood Parcel Project: Mr. Johnson and Mr. Buffington presented information to the Board regarding the sale of Lot 12 Waltonia for $8,550 to adjacent lot owners. Mr. Johnson explained that this property was acquired after the 1976 flood. Mr. Johnson noted that there are existing encroachments on Lot 12, including a home location and a septic system. Lot 12 has been fairly divided so that the sale mutually benefits both of the adjacent owners. Mr. Buffington assured the Board that the property taxes were handled appropriately for both purchasers. Mr. Johnson further assured the Board that there was no public land or river access lost by selling this parcel to the adjacent owners. The 100 foot wide parcel is divided as follows: the westerly 41 feet will be sold to Della Darling and Clifford Dyer; the easterly 59 feet will be sold to George Drinnin, Suzanne Ronk and Christine Henry.
M O T I O N
Commissioner Eubanks moved that the Board of County Commissioners approve the two Resolutions and Quit-Claim Deeds for the Sale of Lot 12 Waltonia.
Motion carried 2-0.
08082008R002 resolution for conveyance by Board of County commissioners of larimer county as deeded to George drinnin, Suzanne ronk and Christine henry
08052008R008 resolution for conveyance by Board of County commissioners of larimer county as deeded to della f. darling and clifford r. dyer
10. Internal Loan for Capital Improvements: Mr. Buffington requested that the Board approve a request for an internal loan between the Solid Waste and Natural Resources Departments. This loan would be in the amount of $1,245,518.00 for use in the month of August 2008. It would be paid in full by December 31, 2013, using Great Outdoors Colorado (GOCO) and Bureau of Reclamation (BOR) grant funds, lottery money, and the revenue generated by the proposed upgrades to Larimer County campgrounds (i.e.: pay-per-use showers). Use of this internal loan would allow the Parks program to begin the proposed upgrades three years earlier than anticipated in the Master Plan. The Board questioned Mr. Buffington as to the Solid Waste Department’s support of this endeavor. Mr. Buffington said he has had many discussions with Stephen Gillette and Marc Engemoen, and they are both in support of this loan.
M O T I O N
Commissioner Eubanks moved that the Board of County Commissioners approve the loan amount of $1,245,518.00 from the Solid Waste Department to Natural Resources, with the associated pay back schedule, so that grant funds from the BOR and GOCO of over $2.4 million can be utilized by December 31, 2010.
Motion carried 2-0.
11. WORKSESSION: Mr. Gluckman noted that he and Ed Schemm of the County Health Department participated in Colorado Counties Inc. (CCI) meetings last week regarding Land Use and Human Services issues. He noted that two major legislative topics for 2009 were discussed. The first topic involved increasing restaurant inspection fees. This item was approved and added to the CCI agenda for 2009. The second topic involved obtaining grant money for waste water discharge and water quality, enabling small communities to adhere to Health Department standards enacted by the State of Colorado. CCI supported the idea but expressed concerns that there are many areas involving Health and Human Services that require funding in 2009, and they would have to prioritize these issues for the legislative agenda.
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.
There being no further business, the meeting recessed at 11:23 a.m.
LIQUOR LICENSE HEARING FOR CRYSTAL LAKES HOME OWNERS ASSOCIATION RESTAURANT
The Board of County Commissioners reconvened at 2:00 p.m. with Linda Connors, Assistant County Attorney. Chair Gibson presided and Commissioners Eubanks and Rennels were present. Also present were Gael Cookman and Tamara Slusher, Clerk and Recorder’s Office; and Melissa Lohry, Deputy Clerk.
Ms. Connors reviewed the contents of the application, and then presented Exhibit A, the petition demonstrating the needs and desires of the surrounding neighborhood; Exhibit B, photos of the posting of the premises; and Exhibit C, written ballot sent to all home owners in the association. Ms. Connors noted for the record that no one appeared on behalf of the public to speak in opposition to the application. She also noted that publication of the hearing occurred on July 24th and 25th of this year, as required by law. The applicant, Steve Smalley, President of the Crystal Lakes Road and Recreation Association, was sworn in; and Ms. Connors asked him a series of questions regarding posting at the premises and circulation of the petition. Mr. Smalley stated Jody Sandquist, Manager of the Crystal Lakes Road and Recreation Association, was better qualified to answer the questions, as she was the individual who had posted notification at the premises, circulated the petition, and counted the ballot votes received from the homeowners.
Ms. Sandquist stated the circulation had received only three petition responses in opposition to the application, plus an email from Roger and Barbara Clark who claimed that the approval of the liquor license would not lend to the family environment of the restaurant. Ms. Sandquist also stated that the notice was posted on July 3, 2008; and it remains there currently. Finally, Ms. Sandquist stated that the homeowner’s association sent out ballots to all the members of the association. In response, they received nearly 300 votes in opposition and 600 votes in favor, totaling almost 900 responses.
Ms. Connors questioned whether Mr. Smalley was familiar with the liquor laws of Colorado. Mr. Smalley stated that he and his restaurant manager has just undergone the TIPS training offered by the Sheriff’s Department. He also stated that they were working to train all other employees at their restaurant.
Ms. Connors noted for the record that there was still no one present in the audience to speak in opposition to granting this liquor license. Chair Gibson closed applicant questioning and public comment and opened the hearing to Commissioner questions or comments.
Commissioner Rennels clarified details regarding the training of employees and questioned whether a manager would always be on staff at the restaurant. Mr. Smalley assured her that there would always be a trained manager on staff to oversee liquor sales.
M O T I O N
Commissioner Eubanks moved that the Board of County Commissioners approve the application and grant a Beer and Wine License, for Crystal Lakes Homeowner’s Association, doing business as The Restaurant, located at 300 Tami Road, Red Feather Lakes, Colorado 80545.
Motion carried 3-0.
There being no further business, the meeting recessed at 2:10 p.m.
PUBLIC HEARING FOR HIDDEN VIEW LOCAL IMPROVEMENT DISTRICT 2008-01
The Board of County Commissioners reconvened at 6:30 p.m. Chair Gibson presided and Commissioners Rennels and Eubanks were present. Also present were: Linda Sanders, Matt Johnson and Rex Burns, Engineering; Ed Schemm, Health Department; Melissa Lohry, Clerk and Recorder’s Office; Tamara Slusher, Deputy Clerk.
Mr. Burns explained that the proposed Local Improvement District is located west of Loveland, off of County Road 24, at the intersection of County Road 24 and Buckhorn Creek. He explained that the subdivision was built in the late 1960’s and early 1970’s. It has an internal and isolated sewer system which serves only the subdivision. The existing underground treatment facility is in need of reconstruction because it does not meet the current standards set by the Colorado Department of Health. The LID would provide funding for the reconstruction of this sewer and sanitation system.
Ms. Sanders stated that petitions were not required under the terms of a Local Improvement District; however, a petition was circulated among the homeowners. She explained that 70% of the homeowners in the subdivision signed the petition in favor of the Local Improvement District (LID).
Mr. Burns explained that the newly constructed facility will meet the standards of the Colorado Department of Health, discharging into Buckhorn Creek rather than into the groundwater, vastly improving the current conditions. Mr. Burns further explained that LID differs from a Public Improvement District (PID) in that it consists of special assessments made against the properties that benefit from the improvement. In the case of Hidden View Estates, there are 24 properties that would benefit from the formation of the LID. Each benefiting property would have a one-time $25,000 special assessment (which they will have the option of making payments on) to cover the cost of the improvement projects. The total project cost which is approximately $600,000.
Mr. Schemm then read the from his notes and subsequently requested that they be added to the minutes verbatim, as follows:
Hidden View Estates was originally platted in the late 1960’s and early 1970’s. The first phase of this subdivision pre-dated the state water quality regulations governing site approvals and discharges from community wastewater treatment systems. In the mid 1980’s, the Colorado Water Quality Control Commission also adopted groundwater discharge standards. These standards apply to Hidden View Estates (HVE).
The current wastewater disposal system, which is a leaching field, services lots in Hidden View Estates and two lots of the Johnston MRD. It is incapable of meeting these standards. In recent years, the existing leaching field has started showing signs of failure, which indicate its useful life is limited. The state will not allow any repairs to this leaching field without a current Site Application and discharge standards being met.
In late 2006, the Homeowners Association asked the Larimer County Health Department for assistance in solving these problems.
In 2007, we were fortunate to obtain a $15,000 grant from Colorado Department of Local Affairs, which the homeowners matched, and a $10,000 grant from the Colorado Department of Health. These funds were used to hire JVA Consulting Engineers who have prepared a preliminary engineering report for solving the wastewater problems in HVE.
JVA Consulting Engineers evaluated the current site of the existing leaching field, geology of the area, land available for improvements and other environmental factors. They also evaluated the sewer lines which currently exist in the subdivision. Their study determined that there is no room to install an improved treatment system on the site where the current leaching field exists. The Hidden View Estates Homeowners’ Association owns this site.
JVA Consulting Engineers also evaluated several treatment alternatives. These alternatives included:
1. Consolidating treatment with the City of Loveland or Sunrise Ranch. These two alternatives were rejected due to the extremely high cost of installing a sewer line to either of these facilities.
2. Optimizing the current leaching fields by providing advanced treatment, such as an AdvanTex or a recirculating sand filter. These alternatives were rejected due to cost, inability to meet future standards and the large land area needed for installation.
3. They also evaluated several mechanical treatment systems, consisting of Sequencing Batch Reactors, a Membrane Bio Reactor and an Extended Aeration Activated Sludge System. The Membrane Bio Reactor and Extended Aeration systems were excluded from further evaluation due to very high capital, very high operation and maintenance costs and the need for extensive operator attention – making them very costly for small communities to operate.
Following evaluation of these alternatives, JVA recommends a pre-built package Sequencing Batch Reactor be installed. The plan recommends an SBR system constructed by Fluidyne Corporation. However, we have become aware of two other systems that are expected to be available in the near future, so we are also evaluating these and may choose one of these. The SBR treatment system was chosen for its reliability to meet current and future standards, lower capital costs and ease of operation and maintenance making them a less costly alternative for small communities.
The treatment plant will be partially buried on the current site owned by the homeowners’ association. The existing septic tanks will be retained and utilized to collect waste which will be routed through existing sewer lines to the treatment plant. After treatment of the effluent, the discharge will be to Buckhorn Creek. A short easement will be required from the plant to the creek.
It will be necessary to extend a sewer line and install a small lift station on the southeast side of HVE to serve three homes in this area. Costs for the lift station and sewer line extensions are included in the plan. With the exception of this area, all other waste will gravity-flow to the treatment plant site.
It is unlikely this project will be able to begin construction without financial grant assistance. However, we believe that, by moving forward with the LID at this time and having it in place, it will help us obtain grants and will avoid delaying the construction.
The Board asked for clarification of the penalties if the subdivision were to remain out of compliance with state standards. Mr. Schemm explained that the Colorado Department of Health would not be inclined to enforce penalties if the homeowners’ association was actively making efforts to come into compliance. Mr. Schemm also expressed gratitude to the Colorado Department of Health for their helpfulness to Hidden View Estates Homeowners’ Association during this project.
Chair Gibson opened the hearing to public comment and Kathryn Bondioli addressed the Board, asking whether she would be charged an additional $25,000 assessment for her second, non-buildable lot. Ms. Sanders ensured Ms. Bondioli that she would not be assessed for her second lot and that the Engineering Department was diligent in avoiding such situations.
Rita Harden, president of Hidden View Estates Homeowners’ Association, addressed the Board in support of the LID. She emphasized the fact that the subdivision could not afford to make the necessary improvements without the help that the LID would undoubtedly offer.
Chris Nightingale addressed the Board and also discussed the lack of funding for the project if the LID was not approved.
Kim Kalmi addressed the Board, expressing his thanks and support of the LID.
Chair Gibson closed public comment and opened the hearing to Commissioner discussion. Commissioners Rennels and Eubanks asked Mr. Burns to explain the responsibility of ongoing maintenance and operational costs. Mr. Burns clarified that the ongoing costs would have to be divided among the benefiting property owners of the new plant. Mr. Burns further clarified that if a homeowner did not pay his/her share, the Hidden View Estates Homeowners’ Association would be free to place a lien on the property under Colorado law. Mr. Burns also stated that the Special District would have the right to cut off services to the offending property, and the Health Department could deem the structure uninhabitable as a result.
Commissioner Gibson asked questions regarding the use of a Public Improvement District rather than a Local Improvement District to address the issue of ongoing maintenance. Mr. Burns clarified that with an LID, the county holds no responsibility of ongoing operational or maintenance costs.
Becky Fiscus, an affected resident, addressed the Board at this time and expressed concern regarding the $20,000 per year operation and maintenance costs. She explained that this could place significant hardships on the homeowners in the subdivision.
The Board unanimously supported the idea of creating a Local Improvement District for Hidden View Estates.
M O T I O N
Commissioner Eubanks moved that the Board of County Commissioners approve Resolution #08052008R007, a resolution creating the Larimer County Local Improvement District No. 2008-1 (Hidden View Estates) in the County of Larimer, Colorado, ordering the construction, installation, completion, and acquisition therein of certain local improvements, together with any necessary incidentals; providing for the issuance of bonds and payment for said improvements; in providing for other details in connection with the district.
Motion carried 3-0.
08052008R007 A RESOLUTION CREATING THE LARIMER COUNTY LOCAL IMPROVEMENT DISTRICT NO. 2008-1 (HIDDEN VIEW ESTATES), IN THE COUNTY OF LARIMER, COLORADO, ORDERING THE CONSTRUCTION, INSTALLATION, COMPLETION, AND ACQUISITION THERIN OF CERTAIN LOCAL IMPROVEMENTS, TOGETHER WITH ANY NECESSARY INCIDENTALS; PROVIDING FOR THE ISSUANCE OF BONDS IN PAYMENT FOR SAID IMPROVEMENTS; AND PROVIDING FOR OTHER DETAILS IN CONNECTION WITH THE DISTRICT.
There being no further business, the hearing adjourned at 7:55 p.m.
GLENN W. GIBSON, CHAIR
BOARD OF COMMISSIONERS
CLERK AND RECORDER
Melissa E. Lohry, Deputy Clerk
Tamara L. Slusher, Deputy Clerk