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> Meetings & Minutes > Commissioners' Minutes > BCC Minutes for 12/08/08  

MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

 

 

Monday, December 8, 2008

 

 

LAND USE HEARING

(#33)

 

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 Brenda Gimeson and Toby Stauffer, Planning Department; Traci Shambo, Engineering Department; Jeannine Haag, Assistant County Attorney; and Melissa Lohry, Deputy Clerk.

 

Chair Gibson opened the hearing with the Pledge of Allegiance and asked for public comment on the County Budget, Land Use Code or Rubbish Ordinance.  No one from the audience addressed the Board regarding any of these topics.

 

1.         LAND USE CODE AMENDMENTS REGARDING THRESHOLDS AND HOUSEEEPING, FILE #08-CA0089:  Staff requested this item be tabled until January 12, 2009, at 6:30 p.m.         

 

M O T I O N

 

Commissioner Rennels moved that the Board of County Commissioners table the “Land Use Code Amendments Regarding Thresholds and Housekeeping, file #08-CA0089,” to January 12, 2009, at 6:30 p.m.

 

Motion carried 3-0.

 

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.

 

2.         LUDWICK FARM RURAL LAND USE PLAN, LOT 4 AMENDED PLAT, FILE #08-S2842:  This is a request to amend the building envelope of a lot to increase its size. This property is located southeast of Loveland between County Roads 9 and 16 on Paddy Lane and is located in the Ludwick Farm Rural Land Use Plan (R.L.U.P.).   The property is currently zoned FA Farming and that will remain the same.  The Ludwick Farm R.L.U.P. received final approval in February 1998.  The project contained 159.10 acres and was approved with 7 single-family residential lots and 1 residual lot.  Each new single-family dwelling included a building envelope that limits the development area.  Most of the single-family lots in this development have sold and have been built upon.  In 2000, Lots 3, 5, and 8 all received approval for an amended plat to enlarge the building envelopes on those lots.   

 

This proposal is for an amendment to the building envelope for Lot 4 in the Ludwick Farms R.L.U.P.   The home on Lot 4 was built in 1999.  The applicants purchased the property in the Spring of 2007 and they are now planning a garage addition to the home.  During the building permit application process for the addition, it was discovered that a portion of the original home lies outside of the platted building envelope.  They are requesting to amend the building envelope to increase the size enough to include the existing home site and the proposed addition.  The building envelope change is being proposed in a similar configuration to the changes done previously to the building envelopes on Lots 3, 5, and 8. 

 

The lot line will remain the same and the existing access point will remain unchanged.  All covenants, deed restrictions and other conditions which applied to the original Rural Land Use Plan will continue to apply.  In addition, there will be no changes to the historic drainage resulting from this change.  The proposed amended plat for Lot 4, Ludwick Farm R.L.U.P. meets all conditions of approval stated in Section 5.7.3 of the Larimer County Land Use Code.

 

Staff recommends approval of the amended plat for Lot 4, Ludwick Farm R.L.U.P. 97-EX1086 subject to the following condition and authorization for the chairman to sign the final plat when the condition is met and the plat is presented for signature:

 

1.    All conditions of approval shall be met and the final plat recorded by June 8, 2009, or this approval shall be null and void.

 

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.

 

M O T I O N

 

Commissioner Eubanks moved that the Board of County Commissioners approve the Consent Agenda for December 8, 2008.

 

Motion carried 3-0.

 

3.         S & H REZONING AMENDED CONDITION OF APPROVAL, FILE #08-Z1699:  This is a request for a 60-day extension to February 8, 2009, to take care of outstanding building permit issues on the property.  On September 15, 2008, the S & H Rezoning request was presented to the Board of County Commissioners as a consent agenda item and received a unanimous recommendation for approval.

 

The request was approved with several conditions, including, the property owners shall “clear up outstanding building code issues within 60-days of approval of this request.” The applicant is requesting an extension of this time period to finalize outstanding permit issues. The previous completion date was November 15, 2008, if the requested extension is granted, the new completetion date will be Feb 8, 2009.

 

Staff recommends that the Board of County Commissioners approve the applicant’s request to amend S & H Rezoning approval conditions to allow a 60-day extension to complete outstanding building permit issues.

 

Sharon Marburger, S & H Corporation, addressed the Board and restated the request for an additional 60-days to complete the project and finalize paperwork.

 

M O T I O N

 

Commissioner Rennels moved that the Board of County Commissioners approve the request for extension, S & H Rezoning Amended Condition of Approval, file #08-Z1699 and allow the applicant until February 8, 2008 to clean up and finalize outstanding permit issues.

 

Motion carried 3-0.

 

There being no further business, the hearing recessed at 3:10 p.m.

 

 

LAND USE HEARING

(#33)

 

The Board of County Commissioners reconvened at 6:30 p.m. with Matt Lafferty, Principal Planner.   Chair Gibson presided and Commissioner Eubanks was present.  Also present were:  Karlin Goggin, Building Inspection Department; Doug Ryan, Environmental Health Department;  Jeannine Haag, Assistant County Attorney; and Melissa Lohry, Deputy Clerk.

 

1.         RIST CANYON ROAD RENAME APPEAL, FILE #08-CAC0015:  This is a request to allow two historically significant road names to officially replace W County Road 52E and not utilize the County Road designation as required by the road hierarchy standard.

 

The road in reference is W County Road 52E according to the road name hierarchy put into place in the Road Naming and Site Addressing System, Section 10-175.(b)(1)q.  However, many residents and locals have long known this road to be Rist Canyon Road and Old Flowers Road. 

 

Section 10-175(b)(1)e of the Road Naming and Site Addressing System also has a provision allowing the county to retain historically significant road names.  By approving this request, the county would be retaining two of earliest names historically significant to this area of Larimer County.  The supporting documentation and staff findings demonstrate a history and tradition of the two names to the area.

 

Larimer Emergency Telephone Authority (LETA) and the county have funded monies toward this project to ensure systematic addressing system is achieved.  Naming these two roads would be in compliance with the enabling Resolution based upon the provision of historical significance because, unlike similar requests to use alias road names, this request is in regards to two distinct roads known as W County Road 52E.  The request to use two names is unique but manageable based upon the distinct separation in the road by N County Road 27 and the road surface type.

 

Staff recommends that the Board of County Commissioners grant approval to officially designate the section of W County Road 52E from W County Road 54G to N County Road 27 as Rist Canyon Road; and the section of W County Road 52E west of N County Road 27 name the road Old Flowers Road. Staff also recommends approval to modify existing addresses to reflect these road names and obtain proper sequential numbering and parity where needed.

 

Chair Gibson opened the hearing to public comment and Richard  and Carol Vannorsdel, Chris Steadman, Patricia Carey, Jordan Levick and Thomas Wilson all addressed the Board and spoke in favor of retaining Rist Canyon and Old Flowers Road due to the historical significance of the names and the familiarity associated with them.  Mr. Vannorsdel also presented a petition to Board containing 37 signatures of those in favor of retaining both road names.

 

Bob Dotson also addressed the Board and spoke in favor of retaining the road names due to the confusion and curiosity that may be caused by changing the names.

 

Chair Gibson closed public comment. 

 

Commissioner Eubanks stated that he has supported all such efforts to change road names and would support this request as both names are historically significant and the changes to not result in the segmentation of a single road.

 

M O T I O N

 

Commissioner Eubanks moved that the Board of County Commissioners Board of County Commissioners grant approval to officially name the portion of W County Road 52E from W County Road 54G to N County Road 27, Rist Canyon Road; and the portion west of N County Road 27, Old Flowers Road; and to modify existing addresses to reflect these road names and obtain proper sequential numbering and parity where needed.

 

Motion carried 2-0.

 

2.         LAND USE CODE AMENDMENTS REGARDING CEMETERIES, FILE #08-CA0088:  This is a request to make changes to the adopted Land Use Code to amend the definition of a cemetery, include definitions for funeral homes and crematoriums, and include funeral homes in the C Commercial and I and I-1 Industrial zones.  This request was tabled from the November 3, 2008 hearing.

 

Staff recommends the Board revise the Land Use Code to amend the definition of a cemetery, to include definitions for funeral homes and crematoriums, and to include funeral homes in the C Commercial and I and I-1 Industrial zones.:

 

1.         Amend the definition of cemetery as follows:

            Cemetery – a tract of land parcel set aside for interring four or more bodies, including funeral homes, columbariums and mausoleums when operated in conjunction with and located on the same premises as the cemetery.  A crematorium shall not be located in a cemetery. 

 

2.         Add definitions for the following:

            Funeral home – a building used for the preparation of the deceased for burial or cremation, for the display of the deceased and/or for ceremonies or services related thereto, excluding a crematorium.

 

Crematorium – a crematorium is a structure that houses one or more crematories.  A crematory is an incinerator, furnace, retort, or oven used for the purpose of cremation of human or animal remains.

 

3.         Amend the 4.3.4. Institutional Use Descriptions as follows:

 C.     Cemetery.  A tract of land set aside for interring four or more bodies, including funeral homes, columbariums and mausoleums when operated in conjunction with and located on the same premises as the cemetery. A crematorium shall not be located in a cemetery.

 

4.         Add the following new 4.3.4 use descriptions following C. Cemetery and renumber the remainder of the section:

D.        Funeral home – a building used for the preparation of the deceased for burial or cremation, for the display of the deceased and/or for ceremonies or services related thereto, excluding a crematorium.

 

E.         Crematorium – a crematorium is a structure that houses one or more crematories.  A crematory is an incinerator, furnace, retort, or oven used for the purpose of cremation of human or animal remains.

 

5.         Amend the C, I and I-1 zoning districts zoning districts to allow a funeral home by Right (R) and a crematorium by Special Review (S).   List these uses under the “Institutional” category and renumber the remainder of the section:

            Funeral homes (R)

            Crematorium (S)

 

6.         Amend the zoning table inset in Section 4.1 to include the following in the C, I and I-1 zoning districts:

 

Category:

Use:

Zoning districts C, I and I-1:

Institutional

Funeral Home

R

Institutional

Crematorium

S

 

Chair Gibson opened the hearing to public comment and Mark Griffith, Rick Allnutt and David Viegut all addressed the Board to speak in opposition to the amendments and additions proposed by staff.  All felt that the definitions were too restrictive.

 

Dennis Lynch addressed the Board and spoke in favor of most of the amendments and additions.  Mr. Lynch requested that the Board further restrict crematoriums to only those areas zoned I and I-1 Industrial. 

 

Chair Gibson closed the hearing to public comment.

 

Commissioner Eubanks stated that he felt the definition of a cemetery was too restrictive.  Chair Gibson agreed.  Both Commissioners felt comfortable tabling the item until January 12, 2009, at 6:30 p.m. to allow staff to revise the definition.

 

M O T I O N

 

Commissioner Eubanks moved to table the Land Use Code Amendments Regarding Cemeteries, file #08-CA0088, until January 12, 2009, at 6:30 p.m.

 

Motion carried 2-0.   

 

There being no further business, the hearing adjourned at 7:45 p.m.

 

 

TUesday, December 9, 2008

 

 

ADMINISTRATIVE MATTERS

(#34)

 

The Board of County Commissioners met at 9:00 a.m. with County Manager Frank Lancaster.   Chair Gibson presided and Commissioners Eubanks and Rennels were present.   Also present were:  Donna Hart and Deni LaRue, Commissioners’ Office; Dale Miller, Road & Bridge Department; Mark Peterson and Martina Wilkinson, Engineering Department; Marc Engemoen, Department of Public Works; Carol Block, Finance Department; George Hass, County Attorney; and Melissa Lohry, Deputy Clerk.               

 

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

 

2.         APPROVAL OF THE MINUTES FOR THE WEEKS OF NOVEMBER 24, 2008 AND DECEMBER 1, 2008: 

 

M O T I O N

 

Commissioner Eubanks moved that the Board of County Commissioners approve the minutes for the week of November 24, 2008.

 

Motion carried 3-0.

 

M O T I O N

 

Commissioner Rennels moved that the Board of County Commissioners approve the minutes for the week of December 1, 2008.

 

Motion carried 3-0.

 

3.         REVIEW OF THE SCHEDULE FOR THE WEEK OF DECEMBER 15, 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 December 9, 2008:

 

PETITIONS FOR ABATEMENT:  As recommended by the County Assessor, the following Petitions for Abatement are presented for approval: 999 North Van Buren LLC.

 

12092008A001           INTERGOVERNMENTAL AGREEMENT FOR ROADWAY IMPROVEMENTS TO LARIMER COUNTY ROAD 1/WELD COUNTY ROAD 13 BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND WELD COUNTY

 

12092008A002           AGREEMENT CONCERNING FENCES IN PLATTED RIGHT-OF-WAY ON LARIMER COUNTY ROADS 9 AND 56 BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS

 

12092008A003           DEVELOPMENT AGREEMENT AND RESIDUAL LAND USE RESTRICTIONS FOR MCCHESNEY RURAL LAND PLAN, FILE #07-S2740 (NKA FOX GLADE RLUP 07-S2740) BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS, MCCHESNEY HOLDINGS, LLC AND FOX GLADE OWNERS ASSOCIATION

 

12092008A004           CONTRACT AMENDMENT TO ORIGINAL CONTRACT CLIN #: 08 NAA 00104; 08 NAA 00057; AND 08 NAA 01962; BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS, LARIMER COUNTY HEALTH AND HUMAN SERVICES DIVISION AND THE STATE OF COLORADO ACTING BY AND THROUGH THE DEPARTMENT OF LOCAL AFFAIRS, DIVISION OF HOUSING    

 

12092008A005           OPTION TO EXTEND/RENEW IN ACCORDANCE WITH PARAGRAPH 33 OF CONTRACTION ROUTING NUMBER 08HTD00071 BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS, LARIMER COUNTY HEALTH AND HUMAN SERVICES AND THE STATE OF COLORADO, THE STATE HEREBY EXERCISES AN ADDITIONAL TERM

 

12092008D001           DEED OF DEDICATION BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND REBECCA J JACKSON

 

12092008D002           DEED OF DEDICATION BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND DEWAYNE M KNUDTSON AND CYNTHIA M KNUDTSON                

 

12092008D003           DEED OF DEDICATION BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND RICHARD G BINGER AND PATRICIA A BINGER

 

12092008D004           DEED OF DEDICATION BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND CHARLES L JACKSON AND REBECCA J JACKSON

 

12092008R001           RESOLUTION ESTABLISHING COMPENSATION FOR DISTRICT ATTORNEY APPOINTED OFFICIALS

 

12092008R002           RESOLUTION FOR STATUTORY VESTED RIGHTS FOR FOX GLADE RURAL LAND USE PLAN    

 

12092008R003           RESOLUTION ESTABLISHING COMPENSATION FOR DISTRICT ATTORNEY APPOINTED OFFICIALS

 

MISCELLANEOUS:  Fox Glade RLUP 07-S2740 Final Plat; Letter of Support for El Pomar Foundation.

 

LIQUOR LICENSES:  The following licenses were approved and/or issued: Beaver Inn – Hotel and Restaurant – Red Feather Lake; Fort Collins Country Club – Club Liquor License – Fort Collins; Horsetooth LLC doing business as Horsetooth Liquor – Retail Liquor Store – Fort Collins; DaLauri Corporation doing business as Pot Belly Deli & Bar – Tavern – Red Feather Lake; and Dal-Raes High Country Restaurant – Tavern – Red Feather Lake.                

 

Motion carried 3-0.

 

5.         UPDATE ON COUNTY ROAD 7:  Mr. Peterson and Mr. Miller addressed concerns that had been raised by the public regarding the speed limit, increased truck traffic and snow removal on County Road 7.  He began by explaining that most of County Road 7 is in the City of Fort Collin’s jurisdiction, not the county’s jurisdiction.  He also stated that the current speed limit of 40 miles per hour was set by the city; therefore, only the city has the power to amend it.

 

Mr. Peterson also explained that trucks have been allowed to utilize County Road 7 since the time it was converted from a gravel surface to a paved surface.

 

Lastly, Mr. Miller addressed the issue of county snow plows damaging mailboxes.  He stated that it has been the county’s policy to replace any mailboxes that may have been damaged by plows even if the mailboxes are placed in the right-of-way. However, if the mailboxes are damaged by snow that falls off the plow, the county is not liable.

 

6.         UPDATE ON THE RANCH BUILDINGS:  Mr. Engemoen addressed the Board regarding problems with some of the pre-engineered metal buildings at The Ranch.  He began by explaining that the snow storm in 2006 damaged the roof of the exhibition building and as a result, the county filed an insurance claim to fix it.  The engineering company hired by Traveler’s Insurance to assess the building, Professional Investigative Engineers (PIE), found the damage was caused by a defect in the building’s engineering.

 

Since that time, the county has hired PIE to examine the other pre-engineered metal buildings at The Ranch.  In addition, a snow mitigation plan to prevent significant snow build-up has been developed and enacted.  Finally, the county is in the process of filing a lawsuit against the manufacturers and contractors responsible for the defects in the pre-engineered buildings.

 

Chair Gibson asked Mr. Engemoen if funds would need to be budgeted for the coming year to fix these buildings.  Mr. Engemoen stated that the insurance company will cover the cost of the damages to the exhibition building and any defects in the other buildings would be addressed in the lawsuit.

 

7.         APPROVAL OF ISSUANCE AND 2008 CERTIFICATES OF PARTICIPATION:  Ms. Block accompanied by Steven Bell of Stifel Nicolaus Public Finance, addressed the Board to request permission to replace the remaining outstanding Certificates of Participation (bonds) issued in 1998, with certificates bearing a lower interest rate.  If approved, the new present value savings to the county would be approximately $1 million, a 3.6% percentage of savings.

 

M O T I O N

 

Commissioner Rennels moved that the Board of County Commissioners approve the issuance of 2008 Certificates of Purchase in the amount of $22,330 million and the related documents.

 

Motion carried 3-0.

 

M O T I O N

 

Commissioner Eubanks moved that the Board of County Commissioners convene as the Larimer County Building Authority.

 

Motion carried 3-0.

 

M O T I O N

 

Commissioner Rennels moved that the Larimer County Building Authority approve a resolution to authorize a lease-purchase financing to refinance an existing lease-purchase financing relating to certain county correctional facilities, courthouse and administrative buildings.

 

Motion carried 3-0.

 

M O T I O N

 

Commissioner Eubanks moved to adjourn meeting as the Larimer County Building Authority and reconvene as the Board of County Commissioners.

 

Motion carried 3-0.

 

8.         COUNTY MANAGER WORKSESSION:  Mr. Lancaster informed the Board of the possibility of a personal property tax relief from the legislature.  If enacted, a decline in personal property tax revenue would significantly impact the county and the county budget.

 

9.         COMMISSIONER ACTIVITY REPORTS:  The Board discussed events they attended during the previous week.  

 

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

 

There being no further business, the meeting recessed at 10:45 a.m.

 

 

 

PUBLIC HEARING REGARDING THE BOXELDER AUTHORITY

(#35)

 

The Board of County Commissioners reconvened at 6:30 p.m. with Mark Peterson, Engineering Department.  Chair Pro-Tem Eubanks presided and Commissioner Rennels was present.  Also present were: Rex Burns, Eric Tracy, and Jeri Feil, Engineering Department; Marc Engemoen, Public Works; Jeannine Haag, County Attorney’s Office; Tamara Slusher, Deputy Clerk.

 

Chair Pro-Tem Eubanks explained that the purpose of this meeting was to discuss the fee structure for the Boxelder Basin Stormwater Authority in unincorporated Larimer County.  Chair Pro-Tem Eubanks then asked staff to begin their presentation.

 

Mr. Peterson and Mr. Burns presented a lengthy presentation to the Board regarding the following topics:  the purpose of the public hearing, background on the Boxelder Basin and Master Plan, the Stormwater Authority, other means of funding the construction and maintenance, the fee structure for service in unincorporated Larimer County, the public involvement and outreach, the anticipated timeline for funding and project completion, and future plans for the Authority, and construction and maintenance of the facilities in question.

 

Mr. Peterson summarized the proposed fee structure for the Board, explaining that the fees were intended to be based on the amount of impervious surface on each property.  For example, a property covered in asphalt, which does not absorb run-off stormwater, would be charged more than a property covered in mostly soil, which has a higher absorption rate.  Mr. Peterson informed the Board that the Authority established the rates for the calculation of the fees on December 8, 2008.

 

Under the Authority, each governmental entity participating has an obligation to fund a portion of the total $10.5 million dollar cost of construction of the three regional facilities:  Clark Stormwater Detention Facility, Edson Stormwater Detention Facility, and the Mid-Basin Facility improvements.  Mr. Peterson reported that Larimer County’s financial obligation, after a $3 million Federal Emergency Management Agency (FEMA) Pre-disaster Mitigation Grant and the funding matched by the City of Fort Collins and the Town of Wellington, is $333,000.

 

The residential fee, as outlined by Mr. Peterson, is calculated by multiplying the rate adopted by the Authority ($0.02772/square foot per year) by the total amount of impervious surface area. At this rate, it is projected that the minimum annual fee would be approximately $62.00 and the maximum annual fee would be approximately $97.00.  Mr. Peterson further explained that individualized analyses were done on each non-residential property in the service area with an average annual fee of $1,320.00 and the fee for the largest property in the service area was calculated to be $9,732.00 annually. 

 

System Development Fees, as defined by Mr. Peterson, would be fees collected on any new development within the Boxelder Authority Service Area.  These fees would be collected at the time building permits are issued.  For example, a single family dwelling in the service area would be assessed a one time fee of approximately $400 in addition to regular building permit costs.

 

Mr. Peterson informed the Board that if the proposed fee structure was adopted for unincorporated Larimer County, the County’s $333,000 annual obligation to the Authority would be fulfilled with a $20,000 surplus to cover the administrative costs. 

 

Chair Pro-Tem Eubanks posed several questions to staff regarding the timeline presented by Mr. Peterson, the $20,000 surplus funding, and Service Area disputes which staff addressed. 

 

Chair Pro-Tem Eubanks closed the staff presentation and opened the meeting for public comment.

 

Bob Dent, a property owner in the Service Area, addressed the Board and expressed concerns regarding the stormwater flow from his property, claiming that it did not drain into the floodplain and that his property should be exempt from paying any fees.  Mr. Dent explained that many requests were made for staff to visit the property with no response. 

 

James Fry, a property owner in the Service Area, agreed with Mr. Dent and further elaborated on what seemed to him to be unfairness in the assessment of the properties with in Trotwood Ranches.  Mr. Fry claimed that his subdivision does not drain to the east as proposed by staff, but instead it drains to the reservoirs located to the west.  Mr. Fry feels that Trotwood Ranches was unfairly included in the Service Area for financial and political reasons.

 

Barbara Trevarton, of Cloverleaf Mobile Home Community, addressed the Board regarding specific concerns on the fee calculations within the mobile home park.  She posed many questions to the Board and staff regarding the impervious surfaces on the individual lots, as well as how the fees would be assessed on the homes within the community versus a fee assessment on the park in its entirety.  Ms. Trevarton expressed concern at the residents possibly being double charged for the fees via lot rent increases and concurrent charges during property tax assessment. 

 

Neil Haley, a property owner in the Service Area, expressed concerns regarding the Boxelder Authority and the lack over governmental oversight of this board.  One topic Mr. Haley wished to have addressed was the scope of the Authority and the ease of having that scope expanded or changed without the supervision of the three government entities.

 

At this time Chair Pro-Tem Eubanks closed public comment and requested that staff respond to the questions posed by the audience.

 

Mr. Peterson addressed each of these concerns, reiterating the fact that any individual property disputes would need to be addressed by the Authority itself, stating that Larimer County’s staff is not able to make decisions on behalf of the Authority.  Discussion also ensued regarding the possibility of credits to those properties which have installed their own stormwater drainage management facility or devices, as well as any individual properties which do not drain into the floodplain. 

 

Mr. Burns explained that the Authority, under the established Intergovernmental Agreement (IGA), is overseen by the three governmental entities which established it.  Any attempt to change the scope of their goals or rates and fees imposed on the owners would have to first be approved by these entities.

 

Mr. Peterson and Mr. Burns further elaborated on the grants and alternative sources of funding which will help the Authority meet its financial obligations.  Staff also explained that any acquisition of further grants would likely not change the fees charged to the property owners, but it would likely lessen the duration that these fees were endured.

 

Chair Pro-Tem Eubanks opened discussion for the Board. Commissioner Rennels made several comments detailing Larimer County’s involvement and participation in the Authority on behalf of the taxpayers.  Commissioner Rennels further assured the public that any misgivings or wrongdoing by the Authority would be addressed by the Board as quickly as possible.

 

Chair Pro-Tem Eubanks informed the audience that any Service Area disputes should be addressed via the forms provided at the meeting and submitted to the Authority for consideration.  Discussion also ensued regarding the fairness of the fees assessed on each property and proper use of these funds in the best interest of the taxpayers.

 

M O T I O N

 

Commissioner Rennels moved that the staff be directed to prepare a resolution setting forth a stormwater fee structure that will generate revenue from developed properties located in the unincorporated portion of the Boxelder Basin Regional Stormwater Authority Service Area in accordance with the staff’s proposed fee structure presented this evening.  The fees shall be established at a level necessary to meet Larimer County’s obligation to the Boxelder Basin Regional Stormwater Authority and cover reasonable administrative costs of collection and processing of the fees.  The resolution shall define user fee and system development fee formulae and terms for collection.  The resolution is to be acted upon as an agenda item at an Administrative Matters meeting of the Board of County Commissioners prior to December 31, 2008.

 

Motion carried 2-0.

 

The hearing adjourned at 8:30 p.m.

 

 

 

 

________________________________

                        GLENN W. GIBSON, CHAIR

BOARD OF COMMISSIONERS

 

 

 

SCOTT DOYLE

CLERK AND RECORDER

 

ATTEST:

 

 

­­­

______________________________________

Tamara L. Slusher, Deputy Clerk

 

 

______________________________________

Melissa E. Lohry, Deputy Clerk

 

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