> Meetings & Minutes > Commissioners' Minutes > BCC Minutes for 05/18/09  

MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

 

 

Monday, May 18, 2009

 

LAND USE HEARING

 

The Board of County Commissioners met at 3:00 p.m. with Russ Legg, Chief Planner. Chair Rennels presided and Commissioners Donnelly and Johnson were present. Also present were: Traci Shambo, Engineering Department; Toby Stauffer and Sean Wheeler, Planning Department; Jeannine Haag, 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.  Chair Rennels then explained that the following items were on the consent agenda and would not be discussed unless requested by the Board, staff, or members of the audience:

 

1.         CRYSTAL LAKES 12TH FILING LOTS 168A AND 169 LOT CONSOLIDATION AND EASEMENT VACATION, FILE #09-S2871:   This is a request for approval of a lot consolidation to combine Lots 168A & 169 of Crystal Lakes 12th Filing and vacate the 20-foot utility easement along the common lot line. If approved, the recording instrument for this application will be a Findings and Resolution from the Board of County Commissioners.          

 

Staff has found that the proposed lot consolidation and easement vacation will not adversely affect any neighboring properties or any county agency. The consolidation will not result in any additional lots and the easement vacation will not leave any properties without utility service. Staff has found the requests meet the requirements of the Larimer County Land Use Code and recommends approval of the Consolidation of Lots 168A & 169 in Crystal Lakes 12th Filing and vacation of the 20-foot utility easement vacation along the common lot line of the two lots, file #09-S2871, subject to the following conditions:

 

1.         All conditions of approval shall be met and the final resolution of the County Commissioners recorded by November 18, 2009, or this approval shall be null and void.

           

2.         The resultant lot is subject to any and all covenants, deed restrictions or other conditions that apply to the original lots.

 

2.         FOX ACRES ENVELOPES E, H, AND J AMENDED MASTER PLAN, FILE #09-S2873:   This is a request for approval to amend the Fox Acres Country Club 2nd Filing Plat to relocate 3 residential uses from Building Envelopes “E” and “H” into Building Envelope “J” within the Fox Acres Country Club 2nd Filing. 

 

Approval of the request will not change the current allowed density from previous applications.  For historic reference, Larimer County approved the Fox Acres Country Club in 1979 as a Master Planned Community and there are currently four filings along with a variety of lot sizes and configurations. The project was first approved with 225 lots on 459-acres, along with the golf course and support facilities. The approved Master Plan also includes platted “Building Envelopes,” each with a specific number of residential condominium building sites. In 1999, Fox Acres received approval for 25-residential-building-sites within Envelope “J.” This was completed in 2006 with the approval of an Amended Plat in compliance with a condition of approval from 1999. It should also be noted that Fox Acres has its own water and sewer associations on-site to provide these services to the individual lots. 

 

Staff has concluded that this project satisfies the requirements for an amended plat. The result will not increase the number of allowed residential uses already permitted at the site and no individuals or agencies contacted staff to object to this application being approved. Based on this assessment, staff recommends approval of the Amended Plat of Envelope “J” of the Fox Acres Country Club, file #09-S2873, subject to the following conditions, and authorization for the chairperson to sign the plat when the conditions are met and the plat is presented for signature:

 

1.    All conditions of approval shall be met and the final plat recorded by November 4, 2009, or this approval shall be null and void.

2.    The Larimer County fees for County and Regional Transportation Capital Expansion shall be collected at building permit issuance for new single family dwellings. The fee amount that is current at the time of building permit application shall apply. 

3.    Envelope “J” shall be developed consistent with the approved Amended Plat in file #09-S2873.

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners approve the consent agenda for Monday, May 18, 2009, as published.

 

Motion carried 3-0.

 

There being no further business, the hearing recessed at 3:05 p.m.

 

 

LAND USE HEARING

The Board of County Commissioners reconvened at 6:30 p.m. with Rob Helmick, Senior Planner. Chair Rennels presided and Commissioners Donnelly and Johnson were present. Also present were:  Major Justin Smith, Sheriffs Office; Gael Cookman, Clerk and Recorder’s Office; Jeannine Haag, Assistant County Attorney; and Melissa Lohry, Deputy Clerk.

 

1.         PROSPECT MOUNTAIN WATER DISTRICT, FILE #08-G0156 (TABLED FROM APRIL 13, 2009): Mr. Helmick addressed the Board and requested this item be tabled until July 13, 2009, at 6:30 p.m. as the applicant is not yet ready to appear before the Board.

 

M O T I O N

 

Commissioner Johnson moved that the Board of County Commissioners table the Prospect Mountain Water District, file #08-G0156, until July 13, 2009, at 6:30 p.m.

 

Motion carried 3-0.

 

2a.       ESTES VALLEY FIRE PROTECTION DISTRICT SERVICE PLAN, FILE #09-G0167:   This is a proposal to form a new fire protection district, intended to facilitate the provision of fire suppression and protection to the entire Estes Valley. This is the third attempt at forming a district for fire services for this area. Two prior efforts were reviewed by the Larimer County Planning Commission and the Board of County Commissioners, who approved the service plans; however, both issues failed at election.

The main premise of this proposal is to create a district to serve as the financing entity. The district would begin operation through the direct transfer of services and equipment, which are currently provided by the existing fire department. The boundaries of the proposed district encompass an area inside the town limits, excluding Rocky Mountain National Park, and the eastern limits of adjoining lands in existing fire districts or departments.

 

The creation of a taxing authority will provide the funding mechanism needed to provide and maintain services. The process for the establishment of a special district is mandated by state statute which includes very strict time frames for review, notice, hearings, and review criteria. 

 

Since the Larimer County Planning Commission’s April meeting, the applicants have revised the Service Plan and provided additional information which addresses the questions posed by the Larimer County Planning Commission. Therefore, staff and the Planning Commission recommend approval to form a new fire district, subject to the following conditions:

 

1.    The applicant shall address the concerns of the Planning Commission, staff (as identified in this report and that arise during additional review and analysis), and referral agencies prior to the final decision of the Board of County Commissioners. 

 

2.    The plan shall meet the minimum requirements of state statute regarding the formation of a new special district.

 

3.    The service plan must be revised to reflect the potential of the YMCA of the Rockies property to be taxed at a different rate (residential). This shall include either a revised budget and or revised mill levies to maintain the funding levels proposed.

 

4.    Within 90-days of formation, the district shall execute a satisfactory inter-governmental agreement (IGA) with Larimer County. This IGA shall, at a minimum, include language allowing the county to assure the district is working to include properties in a cooperative, reasonable, and cost effective manner. Further allowing the county review and input into the construction of facilities, including a site plan review and building permit issuance when proposed in their jurisdiction.

 

5.    The potential inclusion area in the service plan shall not require a material modification to the service plan only for inclusion of those lands. 

 

Chair Rennels opened the hearing to the applicants. Jim Austin and Don Widrig addressed the Board on behalf of the applicant, Estes Valley Fire Protection District Fire Services Committee. Mr. Austin and Mr. Widrig gave a presentation detailing the structure and finances of the proposed district.

 

Chair Rennels opened the hearing to public comment. Edward Getchell, John Spooner, Phil Edwards, Jim Cope, Kathleen Bennett, Scott Dorman, and Joyce Hughes, requested clarification from Mr. Austin and Mr. Widrig on the specifics of the proposed district.

 

Bill VanHorn, Bill Pinkham, Sue Doylen, Howard Lewis, and Randy Good addressed the Board in favor of the proposed district.

 

Chair Rennels closed public comment and all three members of the Board voiced their support of the proposed district and their praise for the members of the Estes Valley Fire Protection District Fire Services Committee.

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners approve the Estes Valley Fire Protection District Service Plan, file #09-G0167, subject to conditions #1-5, as listed above.

 

Motion carried 3-0.

 

2b.       REQUEST FOR EXEMPTION FROM THE PROPOSED ESTES VALLEY FIRE PROTECTION DISTRICT:   Mr. Helmick explained that there were five properties located within the proposed district that had requested to be excluded from the district. These properties are owned by Nathan and Karen Dick, Robert Wagner, Nebraska Heritage Trust, Jim Fretz, and James Frey and Hollie Petit.

 

The Estes Valley Fire Protection District Fire Services Committee argued that allowing the exclusion of these properties from the proposed district would cause difficulties in responding to emergency calls, endanger neighboring properties, and put an undue burden on fire personnel.

 

Chair Rennels invited the above named properties owners to address the Board. However, only Mr. Dick was present. After some discussion about the ramifications of exclusion, Mr. Dick withdrew his request.

 

M O T I O N

 

Commissioner Johnson moved that the Board of County Commissioners deny the requests from Robert Wagner, Nebraska Heritage Trust, Jim Fretz, and James Frey and Hollie Petit for exclusion from the proposed Estes Valley Fire Protection District.

 

Motion carried 3-0.

 

There being no further business, the hearing adjourned at 8:30 p.m. 

 

 

TUESDAY, MAY 19, 2009

 

 

ADMINISTRATIVE MATTERS

 

The Board of County Commissioners met at 9:00 a.m. with Frank Lancaster, County Manager.  Chair Rennels presided and Commissioners Donnelly and Johnson were present.  Also present were:  Candace Phippen, and Chad Gray, Planning Department; Tom Garton, Building Inspections; Ed Rutherford, Human Services Department; Myrna Rodenberger, Treasurer’s Department; Pam Stultz, Human Resources Department; Justin Smith, Sheriff’s Department; Mark Engemoen, Public Works; Mark Peterson, and Martina Wilkinson, Engineering Department; Donna Hart, and Deni LaRue, Commissioners’ Office; Bill Ressue, and Jeannine Haag, County Attorney’s Office; and Tamara Slusher, Deputy Clerk.

 

1.         PUBLIC COMMENT:  Richard Muniz expressed frustration regarding a property he purchased that was in terrible shape and the difficulties he is encountering during the building permit and code compliance processes.  Mr. Gray and Ms. Phippen consulted with the Board regarding Mr. Muniz’s situation.  Commissioner Rennels asked staff to work with Mr. Muniz after the meeting to resolve any outstanding issues.

 

Mel Hilgenberg addressed the Board and thanked them for their work on several issues including the Big Thompson Canyon flood parcel distribution, and the Wellington wind farm.

 

Fran Fleming expressed her frustration with two businesses that are operating as home occupations at properties neighboring hers, as well as the lack of response by staff on the complaints filed.  She noted that the noise pollution, chemical pollution, and general nuisance created by these businesses are affecting her quality of life.  Mr. Gray detailed for the Board past complaints made regarding the neighboring businesses.  Ms. Fleming questioned the Board regarding her own home business and why it was shut down.  Commissioner Rennels asked staff to work with Ms. Fleming after the meeting to answer any outstanding questions regarding her own home business, as well as the complaints made against the neighboring properties.

 

2.         FOURTIETH ANNIVERSARY OF THE RED FEATHER LAKES COMMUNITY LIBRARY PROCLAMATION:   Ms. Myers, Ms. Deane, Ms. Viola, and Ms. Caswell presented a brief history of the Red Feather Lakes Library District for the Board, detailing that the progress made over the last 40 years and upcoming events being held in celebration of the district.   They requested that the Board proclaim the month of May 2009, as the 40th Anniversary Year of the Red Feather Lakes Community Library.  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 2009, as the 40th Anniversary Year of the Red Feather Lakes Community Library.

 

Motion carried 3-0.

 

3.         FUNDING FOR RETIREMENT ENHANCEMENTS:  Mr. Rutherford addressed the Board on behalf of the Retirement Board members and gave a presentation regarding the two recommendations made for changes to the County’s retirement plan.  He described the two recommendations as changes in the tier system for employee and County matched contributions, and for the development of Healthcare Reimbursement Accounts (HRA) for retiring employees.  Discussion ensued regarding the projected costs related to these changes, funding, and the desired implementation date.  The Board posed questions to staff regarding employee’s responses to the surveys done regarding these two recommendations.  Mr. Rutherford explained that staff response was very minimal and was mostly information seeking in nature.

 

M O T I O N

 

Commissioner Donnelly moved to approve the funding for the retirement enhancements recommended by the Retirement Board with the balance of unspent funds being allocated to participants using a formula determined by the Retirement Board as has been done for past enhancements to the plan.

 

Motion carried 3-0.

 

Commissioner Rennels left the meeting at this time.

 

4.         PUBLIC WORKS DIVISION 2008 ANNUAL REPORT:  Mr. Engemoen informed the Board that this week is 49th Annual National Public Works Week.  He presented the 2008 annual report for each of the six Public Works Divisions for the Board’s review.   Mr. Engemoen expressed his hope of using these reports as informational tools for the Board and for the public in the future.  The Board commended Mr. Engemoen on the work performed by himself and his staff.

 

5.         CONTRACT WITH COLORADO DEPARTMENT OF TRANSPORTATION FOR SIGNAL IMPROVEMENTS:  Mr. Peterson and Ms. Wilkinson explained that due to recent improvements in the area, two intersections east of I-25 on Highway 14 are in dire need of traffic signals.  Ms. Wilkinson discussed the public outreach done for this project as well as the feeling in the community that there are very serious safety concerns associated with the lack of signals at these intersections.  Discussion ensued regarding CDOT and the City of Fort Collins’ involvement as well as the funding sources for this project.

 

M O T I O N

 

Commissioner Donnelly moved to approve the contract with Colorado Department of Transportation for signal improvements.

 

Motion carried 2-0.

 

05192009A003           CONTRACT BY AND BETWEEN THE STATE OF COORADO FOR THE USE AND BENEFIT OF THE COLORADO DEPARTMENT OF TRANSPORTATION AND LARIMER COUNTY, COLORADO FOR PROJECT STA 0142-050 (16762) REGION 4/BH

 

6.         APPROVAL OF THE MINUTES FOR THE WEEK OF MAY 11, 2009:

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissions approve the minutes for the week of May 11, 2009.

 

Motion carried 2-0.

 

7.         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 19, 2009:

 

PETITIONS FOR ABATEMENT:  As proposed by the County Assessor, the following Petitions for Abatement are presented for approval:  End IRA, Inc/FBO Edward A. Rupert, IRA; UPR Investments LLC.

 

05192009A001           DEVELOPMENT PLAN IMPROVEMENT AGREEMENT BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS, AND TONEWOOD PROPERTIES, LLC

 

05192009A002           AGREEMENT FOR REIMBURSEMENT OF CONSTRUCTION COSTS BETWEEN THE BOARD OF COUNTY COMMISSIONERS FOR THE USE AND BENEFIT OF THE LARIMER COUNTY ROAD AND BRIDGE DEPARTMENT, AND WATER SUPPLY AND STORAGE COMPANY

 

05192009D001           DEED OF DEDICATION RE: SHELLIE K. LARSON AND JAN F. LARSON

 

05192009D002           DEED OF DEDICATION RE: SHELLIE K. LARSON AND JAN F. LARSON

 

05192009R001           LOT CONSOLIDATION RESOLUTION APPROVING THE CONSOLIDATION OF LOTS 54 AND 55 OF CRYSTAL LAKES SUBDIVISION 11TH FILING AND UTILITY EASEMENT VACATION

 

05192009R002           RESOLUTION REGARDING EXTENSION OF APPROVAL FOR ZIMMERMAN/RAJEWSKI MINOR RESIDENTIAL DEVELOPMENT LOTS 1 AND 2 (FILE #08-S2791)

 

05192009R003           RESOLUTION RELEASING LOT SALE PROHIBITION ON LOTS 6 THROUGH 9 OF THE WILD VALLEY NORTH R.L.U.P. 03-S2076

 

MISCELLANEOUS:           Operational Guidelines for Larimer County Extension Advisory Committee; Public Trustee First Quarter Report for 2009; Letter of Support for CDOT Enhancement Grant from Engineering Department and Open Lands Program; Promoting Safe and Stable Families (PSSF) Program Grant Re-Application.

 

LIQUOR LICENSES:         The following liquor licenses were approved and/or issued:  Horsetooth Sertoma – 6% – Fort Collins; Wolverine Farm Publishing – 6% Special Event – Fort Collins; Horsetooth Rock LLC dba Canyon Grill Hotel & Restaurant – Transfer of Ownership with Temporary License – Fort Collins; Youth Orchestra of the Rockies Association – 3.2% Special Event – Fort Collins.

 

Motion carried 2-0.

 

8.         REVIEW OF THE SCHEDULES FOR THE WEEKS OF MAY 26, 2009, AND JUNE 1, 2009:  Ms. Hart reviewed the upcoming schedules with the Board.

 

9.         POLICY GOVERNANCE REPORT:  Mr. Lancaster addressed the Board regarding the quarterly policy governance reports for all of the departments in Larimer County.  He reported that there were only 3 instances of non-compliance (under Section 3.3.4) regarding departments that overspent their budgets in the last quarter of 2008.  Mr. Lancaster noted that all of these departments had extra funds available and there was no negative cash flow, however, the funds were not allocated properly on their respective budgets. The three departments noted were the Workforce Center, Veterans Services, and the Extension offices.

 

10.       COUNTY MANAGER WORKSESSION:  Mr. Lancaster informed the Board that sending out email surveys regarding the burglar alarms would not constitute a sufficient sample size of the customer base.  Discussion ensued regarding the cost of doing a post-card mailing to all 1000 customers rather than using a sample size.  Mr. Lancaster agreed that he would look into this as an alternative.

 

Mr. Lancaster noted that a horse stable working group has been assembled and that they would like to do a tour of the County to see the sites in question.  Mr. Lancaster explained that the Rural Land Use Center would like to charter a bus to visit these sites and detailed the cost associated.  The Rural Land Use Center does not have funds available to perform this task and requested that the Board utilize money from the Special Projects Fund to pay for the chartered bus.  The Board requested that Mr. Lancaster compare competitive bids from more vendors, and agreed that they would pay for this project out of the Special Projects Fund.

 

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

 

12.       EXECUTIVE SESSION: Ms. Haag requested that the Board go into Executive Session for the purpose of receiving legal advice (affidavit provided).

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners go into Executive Session for the purpose of conferencing with an attorney to receive legal advice on specific legal questions as outlined in 24-6-402 (4)(b) C.R.S.

 

Motion carried 2-0.

 

There being no further business, the meeting adjourned at 11:25 a.m.

 

 

__________________________________________

                        KATHAY RENNELS, CHAIR

BOARD OF COMMISSIONERS

 

SCOTT DOYLE

CLERK AND RECORDER

 

ATTEST:

 

­­­______________________________________

Tamara L. Slusher, Deputy Clerk

 

­­­______________________________________

Melissa E. Lohry, Deputy Clerk