> Meetings & Minutes > Commissioners' Minutes > BCC Minutes for 05/04/09  

MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

 

 

Monday, May 4, 2009

 

 

LAND USE HEARING

 

The Board of County Commissioner met at 3:00 p.m. with Matt Lafferty, Principal Planner. Chair Rennels presided and Commissioners Donnelly and Johnson were present. Also present were:  Eric Tracy, Engineering Department; Sean Wheeler, Planning Department; William Ressue, Assistant County Attorney; and Melissa Lohry, Deputy Clerk.

 

Chair Rennels opened the hearing 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.

 

1.         BACON QUARRY SPECIAL REVIEW AMENDED CONDITION OF APPROVAL AND FEEL APPEAL, FILE #08-G0164:   This is application is a request for approval of a reduction in the Special Review fee applied to the initial review of the Bacon Quarry project and an extension of the deadline for completing the post approval site plan review. The Board of County Commissioners approved the quarry operation on December 22, 2008. For a quarry operation, a full site plan review is not usually required because the information provided for the public hearing is generally a sufficient synopsis of the site plan information. However, a full site plan is required for this quarry and the applicant is requesting that the deadline to submit the site plan be extended to June 30, 2009.

 

It is staff’s belief that the processing of any Special Review application requires a number of functions that are the same, regardless of the size of the use in question. For example, Larimer County Planning staff must contact the same state and county referral agencies for all quarry applications for review and comment on each request. These agencies and offices provide information, which must be reviewed and assessed by the Development Services Team. Public noticing requirements are also the same, including advertising and other costs, regardless of the size of the request. Finally, there is a concern that the application of fees is consistent, and that approval of a fee amount based on each applicant’s assessment of what the process should cost, may set a precedent for all future applicants to negotiate fees as part of their request. Based on these requirements and the amount of time required to complete this process, staff does not support a reduction in the Special Review application fee.

 

The applicant has also requested an extension in the deadline for completion of the final administrative site plan review. As noted above, the processing of the final site plan for quarry operations is fairly simplified. It typically involves providing a Final Mining Plan, Reclamation Plan, Site Plan, and Landscape Plan. The applicant has requested an extension of the deadline to process these items to June 30, 2009. Staff has no objections or concerns regarding the deadline extension and supports approval by the Board of County Commissioners.

 

David Bacon, the applicant, addressed the Board and stated that he understands the county’s inability to reduce the fees and accepts staff’s recommendation to deny the request.  Mr. Bacon explained that his request for an extension to submit a final site plan is due to money and workload. He stated that because of the poor economy, the bank is not willing to release the funds required to become bonded with the state, causing a delay in his site plan process. He also stated that the site plan requirements are more numerous that he expected and have become overwhelming.

 

Chair Rennels opened the hearing to public comment; however, there was no one from the public present at the hearing.

 

Commissioner Johnson asked some general questions about bonds and collateral and their pertinence to the topic.

 

Commissioner Donnelly questioned staff about reclamation work and landscaping requirements. Mr. Wheeler clarified that the state controls all aspects of mine reclamation work and the landscaping requirements of the county are only applicable as long as the mine is in operation.

 

Chair Rennels also questioned the applicant and staff as to the recommended extension of time and both agreed that if the site plan is not completed by June 30, 2009, Mr. Bacon can request another extension.

 

M O T I O N

Commissioner Donnelly moved that the Board of County Commissioners deny the application fee appeal for the Bacon Quarry Special Review, File #08-G0164.

Motion carried 3-0.

 

M O T I O N

Commissioner Johnson moved that the Board of County Commissioners approve the request to extend the final site plan approval for the Bacon Quarry Special Review, file #08-Z1678, from March 22, 2009, to June 30, 2009.

Motion carried 3-0.

 

There being no further business, the hearing recessed at 3:20 p.m.

 

BIG THOMPSON RIVER FLOOD DISPOSITION PROJECT

 

The Board of Count Commissioners reconvened at 6:30 p.m. with Frank Lancaster, County Manager. Chair Rennels presided and Commissioners Donnelly and Johnson present. Also present were:  Gary Buffington, Department of Natural Resources; Charles Johnson, Engineering Department; and Melissa Lohry, Deputy Clerk.

 

Chair Rennels informed the audience that the hearing had not been publicly noticed in accordance with Larimer County’s policy. Therefore, the Board of County Commissioners would not make a ruling or recommendation on the Big Thompson River Flood Disposition Project at this hearing.  Chair Rennels stated that because most of the individuals in the audience had traveled from Drake to speak on the topic, the Board would listen to staff’s presentation and take public comment.

 

Mr. Buffington explained that the Parks Advisory Board and the Department of Natural Resources’ staff have been working to develop a flood parcel disposition plan for over 6 months. They have established a set of criteria to evaluate the flood parcels in the Big Thompson Canyon and applied the criteria to the parcels in the Hayden Subdivision. Staff and the Parks Advisory Board have held three neighborhood information meetings to receive public input and dispense information. The collaboration and neighborhood meetings have resulted in the following recommendation.

1.         Larimer County retains ownership of the public valued flood parcels from the Highway 34 right-of-way through the Big Thompson River corridor, which includes the river bank on each side of the river. A wildlife friendly boundary fence will be placed at the top of the east river bank, which will separate public lands from those held in private ownership. Parcels beyond the river bank to the east will be sold to adjacent, neighboring, or previous landowners. Parcels that remain unsold will be auctioned to the public. Proceeds from the sales of these parcels will be used to improve and maintain county owned public lands in the Big Thompson River corridor.

 

2.         There will be no other county owned parcels retained with the exception of two parcels (parcels #1 and #2) that are located at the farthest northeast end of the Hayden Subdivision, nearest the bridge, which have a deed restriction retaining the parcels in the public ownership through 2018.

 

3.         The county will not be reserving any public access to the river from the recommended sale of the parcels within the Hayden Subdivision. The county will work with current landowners in the subdivision during the sale of the parcels to allow additional river corridor access.

 

The above recommendation requests that the Board of County Commissioners allow staff to proceed with drafting contracts for the sale of these parcels. Staff understands that the draft contracts will need a Parks Advisory Board recommendation and ultimately Board of Commissioner approval prior to final sales contract approval.

 

David Coulson from the Larimer County Parks Advisory Board addressed the Commissioners and explained that this project was designed to appease the county, adjacent land owners, and anglers.

 

Commissioner Johnson asked staff for clarification on whether or not the county was at liberty to sell the proposed parcels as they were purchased with federal money. Mr. Buffington and Mr. Johnson assured Commissioner Johnson that those parcels could be sold.

 

Chair Rennels opened the hearing to public comment. Surrounding property owners, Dallas Miller, Joyce Kilmer, Gil Dunning, Leroy Rady, Sherry Stroh, William Stroh, and Frank Cada all addressed the Board and stated that while they may disagree with things such as the construction of a fence, they are ultimately supportive of the project and appreciative of staff’s efforts.

 

Local anglers Lee Evans, Walt Graul, and Jim Roode addressed the Board and expressed their support of the project.

 

Tom Miller and Bob Streeter, members of the Open Lands Advisory Board, addressed the Commissioners and voiced their opposition to the project. Mr. Miller and Mr. Streeter stated their desire for the county to maintain their possession of the parcels.

 

Chair Rennels closed public comment and Mr. Buffington stated that he and Mr. Johnson tried to design the project without the requirement for fencing, which ultimately proved to be impossible.

 

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

 

 

 

TUESDAY, MAY 5, 2009

 

 

ADMINISTRATIVE MATTERS

 

The Board of County Commissioners met at 9:30 a.m. with Frank Lancaster, County Manager.  Chair Rennels presided and Commissioners Donnelly and Johnson were present.  Also present were:  Donna Hart, and Deni LaRue, Commissioners’ Office; Cindy Buckhart, Foster Parent; Larry Timm, Matt Lafferty, and Rob Helmick, Planning Department; Tom Garton, and Eric Fried, Building Department; Doug Ryan, Environmental Health Department; Ed Woodward, Engineering Department; Jeannine Haag, and Bill Ressue, County Attorney’s Office; and Gael Cookman, Deputy Clerk.

 

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

 

 

2.         APPROVAL OF MINUTES FOR THE WEEK OF APRIL 27, 2009:

 

M O T I O N

 

Commissioner Johnson moved that the Board of County Commissioners approve the minutes for the week of April 27, 2009, as presented.

 

Motion carried 3-0.

 

3.         REVIEW OF THE SCHEDULE FOR THE WEEK OF MAY 11, 2009:   Ms. Hart reviewed the upcoming schedule with the Board.

 

4.  CONSENT AGENDA:   

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners approve the following items as presented on the Consent Agenda for May 5, 2009:

 

PETITIONS FOR ABATEMENT:   As proposed by the County Assessor, the following Petitions for Abatement are presented for approval:  Heckel Construction, LLC; Thomas and Mary Ellmann. 

 

05052009A001           DEPARTMENT OF PUBLIC WORKS CONTRACT FOR PROJECT NO. 5015 – HORSETOOTH RESERVOIR SOUTH BAY 2009 CAMPGROUNDS PROJECT BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS, AND WEINLAND CONSTRUCTION, INC

 

05052009A002           DEPARTMENT OF PUBLIC WORKS CONTRACT FOR PROJECT NO 09-01 – MISCELLANEOUS ASPHALT & CONSTRUCTION BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS, AND CONNELL RESOURCES, INC

 

05052009A003           DEPARTMENT OF AGRICULTURE GRANT AGREEMENT BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE STATE OF COLORADO

 

05052009A004           WATER LEASE AGREEMENT BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS FOR THE COUNTY OF LARIMER AND EAST LARIMER COUNTY WATER DISTRICT (ELCO)

 

05052009A005           ARCHITECT/ENGINEER SERVICES AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE ARCHITECT’S STUDIO, INC               

 

05052009R001           RESOLUTION ESTABLISHING COMPENSATION FOR DISTRICT ATTORNEY APPOINTED OFFICIALS

 

MISCELLANEOUS:  Confirmation of Intent to Renew Contract as Fiscal Agency for Promoting Safe and Stable Families Program

 

LIQUOR LICENSES:  The following licenses were approved and/or issued:  Board of Governors for the CSU System – Special Event 3.2% - Fort Collins; JJ’s Lounge – Tavern – Fort Collins; Hearts and Horses Therapeutic Riding Center – Special Event 6% - Loveland.

 

Motion carried 3-0.

 

5.  FOSTER AND KINSHIP CARE MONTH PROCLAMATION:  Ms. Buckhart stated that she has been a foster parent for the past 18 years, and explained that there is a great need for foster and kinship parents in Larimer County.  She requested that the Board proclaim the month of May and Foster and Kinship Care Month, in the hopes of raising community awareness for this need.  Commissioner Johnson read the proclamation aloud. 

 

M O T I O N

 

Commissioner Johnson moved that the Board of County Commissioners proclaim the month of May as Foster and Kinship Care Month in Larimer County.

 

Motion carried 3-0.

 

6.  BUILDING SAFETY WEEK PROCLAMATION:   Mr. Garton explained that Building Safety Week is sponsored by the International Code Council to remind the public of the crucial role local code officials play as guardians of public safety.  He also explained that carbon monoxide detectors will now required for new construction and remodel projects.   Commissioner Donnelly read the proclamation aloud. 

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners proclaim the week of May 3 – 9, 2009, as Building Safety Week.

 

Motion carried 3-0.

 

7.  REGIONAL WATER SUPPLY PROJECT:  Mr. Ryan and Mr. Helmick presented a draft letter for the Board’s consideration regarding the Regional Water Supply Project, and reviewed the bullet statements contained within the letter.  Mr. Ryan suggested that the letter be signed and delivered from the staff level.  Some discussion ensued.

 

M O T I O N

 

Commissioner Johnson moved that the Board of County Commissioners approve the letter to the Army Corps of Engineers regarding scoping issues for the draft Environmental Impact Statement for the Regional Water Supply Project.

 

Motion carried 3-0.

 

8.  WORKSESSION:  Mr. Lancaster noted that the hearing for the Parks Department has been rescheduled to May 11, 2009, at 6:30 p.m., and further explained that he has made a change in procedure to ensure that meetings are properly posted and advertised.  

 

Mr. Lancaster then proposed to revise the County’s organizational chart, to establish a Criminal Justice Services Department, which would include Community Corrections, Pre-trail Services, and Juvenile Transport.  He recommended that Gary Darling be appointed as the Division Head, and noted that no additional cost or salaries would be required to create and fund this division.   The Board approved of this recommendation.

 

9.  COMMISSIONER ACTIVITY REPORTS:   The Board reviewed their attendance at events during the previous week.

 

10.  LEGAL MATTERS:   Ms. Haag requested direction from the Board regarding the camping situation at Columbine Lodge, which is located near the Mishawaka in the Poudre Canyon.  Ms. Haag explained that a court order limits the campers allowed on the property to 25 individuals, as this was the number determined to be historically prevalent and could be supported by the property in terms of septic use, parking, etc.  Ms. Haag explained that the current owner wishes to expand the use and now questions how many campers could remain in the flood plain.  Mr. Timm stated that the camping is a non-conforming use, and if the applicant wishes to expand, then everything must be reevaluated, including the number of campers and their ability to camp within the flood plain.  Much discussion ensued.  The Board determined that if the applicant proceeds to expand the property, then everything would need to be considered and a flood plain review might have to be accomplished as well.

 

The meeting recessed at 11:05 a.m., with no further action taken.

 

 

PUBLIC IMPROVEMENT DISTRICT FORMATION HEARING

 

The Board of County Commissioners reconvened at 6:00 p.m. with Matt Johnson, Civil Engineer. Chair Rennels presided and Commissioners Donnelly and Johnson were present. Also present were: Lind Sanders, Engineering Department; and Melissa Lohry, Deputy Clerk.

 

Chair Rennels opened the hearing and stated that there were two proposed public improvement districts to be considered at this time. She explained that the Board would hear staff’s presentation and public comment from residents of The Bluffs first and make a motion to approve or deny, before completing the same process for Bonnell Acres.

 

1.         THE BLUFFS, PROPOSED PID #41:   Mr. Johnson addressed the Board and explained that this proposed public improvement district (PID) is composed of all 18 lots that line Bluff Lane and Pregel Court in Southeastern Larimer County. Mr. Johnson stated that the suggested mill levy is 33.090, or approximately $1,172 per lot, which would generate $21,100 in revenue each year. Ninety-one percent (91%) of the affected property owners signed a petition in favor of the formation of a PID. One property owner was against the formation, one property owner was out-of-state and unreachable, and one property owner who declined to respond.

 

Chair Rennels opened the hearing to public comment. Pat Burnett, Gordon Greer, William Schlueter, and John Burnett addressed the Board and spoke in favor of the proposed PID.

 

Chair Rennels explained the benefits of creating a public improvement district, such as increased property values and cautioned property owners that the Board’s approval only allows the proposed PID to appear on this fall’s ballot. To create the PID, property owners must vote in favor of its creation during the general election.

 

M O T I O N

Commissioner Johnson moved that the Board of County Commissioners approve Resolution #05052009R002, Resolution Approving Petition for the Organization of Larimer County Bluffs Public Improvement District #41.

Motion carried 3-0.

 

05052009R002           RESOLUTION APPROVING PETITION FOR THE ORGANIZATION OF LARIMER COUNTY THE BLUFFS PUBLIC IMPROVEMENT DISTRICT #41.

 

2.         BONNELL ACRES, PROPOSED PID #39:  Mr. Johnson again addressed the Board and explained that this proposed public improvement district (PID) is comprised of 39 lots on Morey Court, Bonnell Drive, Herb Court, Ruth Court, and Esther Court in Southeastern Larimer County. The suggested mill levy for the PID is 41.928, or approximately $1,641 per lot, which would generate $64,000 in revenue each year. Fifty-four percent (54%) of the affected property owners signed a petition in favor of the formation of a PID.

 

Chair Rennels opened the hearing to public comment, and Robert Redfield questioned the quality and consistency of the road base and the cost of the repairs needed. Mr. Johnson stated that once the PID is formed and funds become available, the PID would be encouraged to hire a consultant to conduct a sub-surface investigation in order to determine the best way to repair and maintain the roads.

 

Brad Keeler, Mark Wilson, David Connors, and Vic Stauffer , all residing on Ruth Court,  asked to be excluded from the proposed PID. All stated that they have found it to be more cost effective to hire a contractor to improve and maintain only Ruth Court, rather than pay taxes for the PID to improve the entire subdivision.

 

Tonya Saenz stated that when she tried to gather signatures for the petition in support of forming the PID, all of the residents on Morey Court declined to sign.

 

Austa Klawiter appeared before the Board and read a letter from her brother Wolfram Klawiter, in opposition to the PID.

 

Rocky Turner, President of the Bonnell Acres Homeowner’s Association, stated that he believed the county was responsible for the maintenance of the road. However, after further research, he learned that the county only maintains the roads; it does not pay for major upkeep. For this reason, Mr. Turner is in favor of the proposed PID.

 

Also speaking in favor of the proposed PID were John Curtis, Dave Kimberland, Nancy Digby, and Jill Shannon. These individuals were in favor of the PID because the payments would be tax deductible and would increase property values.

 

After some discussion, the Board ultimately felt each property owner should be given the chance to vote in approval or opposition to the proposed PID. They also discussed the possibility of applying for exclusion from the PID if it passed.

 

M O T I O N

Commissioner Donnelly moved that the Board of County Commissioners approve Resolution #05052009R003, Resolution Approving Petition for the Organization of Larimer County Bonnell Acres Public Improvement District #39.

Motion carried 3-0.

 

05052009R003           RESOLUTION APPROVING PETITION FOR THE ORGANIZATION OF LARIMER COUNTY BONNELL ACRES PUBLIC IMPROVEMENT DISTRICT #39.

 

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

 

 

 

 

__________________________________________

                        KATHAY RENNELS, CHAIR

BOARD OF COMMISSIONERS

 

SCOTT DOYLE

CLERK AND RECORDER

 

ATTEST:

 

 

­­­______________________________________

Melissa E. Lohry, Deputy Clerk

 

 

­­­______________________________________

Gael M. Cookman, Deputy Clerk