MINUTES OF THE BOARD OF COUNTY COMMISSIONERS
There were no meetings held on Monday, February 21, 2011, in observance of the Presidents’ Day Holiday.
TUESDAY, FEBRUARY 22, 2011
The Board of County Commissioners met at 9:00 a.m. with Neil Gluckman, Assistant County Manager. Chair Donnelly presided and Commissioners Gaiter and Johnson were present. Also present were: Donna Hart, Bob Keister, and Deni LaRue, Commissioners’ Office; Mark Peterson, Engineering Department; Avie Strand, Health Department; Lorenda Volker and Bridget Paris, Human Resources; Rob Helmick, Planning Department; Marc Engemoen, Public Works Department; William Ressue, County Attorney’s Office; and Melissa Lohry, Deputy Clerk.
1. PUBLIC COMMENT: Ben Myers, Bill Gilbert, and Michael Sledge addressed the Board in regards to the radio tower proposed for Middle Bald Mountain. Mr. Myers explained that their main concern was the way in which the Information Technologies Department has handled the project, specifically relating to the county’s Federal Communications Commission application. Mr. Myers stated that the county willingly and purposely stated the project would not have a significant environmental impact, which he said is blatantly false.
The Board thanked Mr. Myers, Mr. Gilbert, and Mr. Sledge for their comments and requested more information from staff regarding the application.
Richard Seaworth and Lee Tucker addressed the Board regarding the Boxelder Creek Advisory Board. Mr. Seaworth questioned the Board about his property’s inclusion in the floodplain, although FEMA removed the property in the past.
The Board thanked Mr. Seaworth and Mr. Tucker and requested staff look into the issues raised.
Sandy Lundberg and Rosemary Van Gorder, members of Judicial Justice, requested the Board vote to deny the District Attorney’s request for $195,000 to supplement the office’s 2011 budget. Ms. Van Gorder stated that the DA’s office has not shown a quality of performance worthy of the extra money.
The Board thanked Mr. Lundberg and Ms. Van Gorder for their time and opinion.
2. REVIEW OF THE SCHEDULE FOR THE WEEK OF FEBRUARY 28, 2011: Ms. Hart reviewed the upcoming schedule with the Board.
3. CONSENT AGENDA:
M O T I O N
Commissioner Johnson moved that the Board of County Commissioners approve the consent agenda as listed below:
02222011A001 AGREEMENT FOR EMPLOYMENT AND TRAINING SERVICES BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS, LARIMER COUNTY WORKFORCE CENTER, YOUTH CONSERVATION CORPS, AND THE CITY OF FORT COLLINS
02222011A002 EQUITABLE SHARING AGREEMENT AND CERTIFICATION BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS, THE LARIMER COUNTY SHERIFF’S OFFICE, THE US DEPARTMENT OF JUSTICE, AND THE US TREASURY DEPARTMENT
02222011R001 SPECIAL REVIEW FINDINGS AND RESOLUTION APPROVING THE PETITION OF DUANE AND ODILE BUSH FOR THE PRAIRIE GARDEN EVENT CENTER
MISCELLANEOUS: Letter of Support for Estes Park Wildlife Walk, GOCO Grant Application; Letter of Commitment for the Heron Lakes Regional Recreation and Open Space Project; Larimer County Rainbow Lakes Estates PID #39, Advisory Board Bylaws; Larimer County Grayhawk Knolls PID #43, Advisory Board Bylaws; Larimer County Koral Heights PID #46, Advisory Board Bylaws; Larimer County Park Hill PID #47, Advisory Board Bylaws; Larimer County Puebla Vista Estates PID #48, Advisory Board Bylaws; Larimer County Wagon Wheel PID #49, Advisory Board Bylaws; 2011 Justice Assistance Grant Application; Appointment of Marilyn Colter to the Red Feather Mountain Library District Board of Trustees; Appointment of Maryann Lyon to the Red Feather Mountain Library District Board of Trustees; and Appointment of Kyla Allen to the Red Feather Mountain Library District Board of Trustees.
LIQUOR LICENSES: The following licenses were approved and issued: Charlotte E. Jones, doing business as Windjammer Liquors – Retail Liquor Store – Fort Collins; and Rainbow Plaza LLC – Tavern – Loveland.
Motion carried 3-0.
4. CANCER CENTER PRESENTATION: Kevin Unger, CEO of Poudre Valley Hospital, Kim Vecchio, Poudre Valley Health System Foundation, and Ms. Strand requested the Board’s approval for county-wide, employee participation in the “Save Change to Create Change” project aimed at raising funds to build a Poudre Valley Cancer Center. Mr. Unger explained that 1,200 people in Larimer County are diagnosed with cancer every year and during the year after being diagnosed, the average patient attends approximately 100 doctors’ visits. The Poudre Valley Cancer Center would allow them to attend doctor’s visits, receive treatment, and gain support in one location.
The “Save Change to Create Change” project was created to help raise one million dollars towards the cancer center building on Poudre Valley Health System’s Harmony Campus before July 2011. Mr. Unger, Ms. Strand, and Ms. Vecchio requested the employees of Larimer County compete against the employees of the City of Fort Collins to raise donations for the center.
The Board thanked Ms. Strand, Ms. Vecchio, and Mr. Unger for their presentation and agreed to allow Larimer County Employees to participate in the Save Change to Create Change fundraiser, in much the same way that employees raise funds for the Larimer County Food Bank.
5. REVIEW & DETERMINE POSITION ON SUPPORT LETTER FOR SOARING EAGLE ECOLOGY CENTER AT RED FEATHER LAKES: Mr. Helmick presented a letter from the Larimer County Planning Commission requesting the Board’s endorsement and financial support of the proposed ecology center. Mr. Helmick explained that if the Board decided to support the center, they may be faced with a conflict of interest regarding future building or development plans.
Commissioner Johnson proposed the Board submit a letter of support relating to the concept of the ecology center but non-specific to any proposed location, building, or development.
Chair Donnelly and Commissioner Gaiter supported Commissioner Johnson’s proposal.
6. DETERMINATION REGARDING REFERRAL TO THE LARIMER COUNTY PLANNING COMMISSION OF XCEL ENERGY 1041 APPEAL FOR THE BERTHOUD TIE LINE: Mr. Helmick explained that, in the interest of providing an applicant with an expedient ruling, the Board may choose not to refer 1041 appeals to the Planning Commission for review before the application is ruled upon by the Board of County Commissioners.
Mr. Helmick noted that Excel Energy submitted an application for 1041 appeal for a 550-foot portion of pipeline located just inside unincorporated Larimer County, near Berthoud. The portion of pipeline is located on private property and the property owner is in agreement with Excel Energy. Because the Land Use Code requires ruling by the Board within 14-days of receipt of the application, Mr. Helmick suggested the Board choose to exercise their power to hear the application and then, if the application is approved, allow the Planning Commission to review the application during the Location and Extent period. Mr. Helmick stated that if the Board denies the application, it will be presented to the Planning Commission as part of a full 1041 review.
M O T I O N
Commissioner Gaiter moved that the Board of County Commissioners approve the request to not refer Excel Energy’s 1041 appeal to the Larimer County Planning Commission for recommendation.
Motion carried 3-0.
7. BOARDS AND COMMISSIONS APPOINTMENTS: Ms. LaRue presented the following Boards and Commission appointments:
GID #2 Pinewood Springs Board: Susan Painter appointed to complete the unexpired term of Mary Caner, beginning February 22, 2011, and expiring November 30, 2013.
PID #39 Rainbow Lakes Estates: Victor Adams and Thomas Chalmers, appointed to four-year terms beginning February 22, 2011, and expiring November 30, 2014; Jim Edwards, appointed to a two-year term beginning February 22, 2011, and expiring November 30, 2012.
PID #46 Koral Heights: Paula Burr, appointed to a two-year term beginning February 22, 2011, and expiring November 30, 2012; Robert Pittman and Joyce Ware, appointed to four-year terms beginning February 22, 2011, and expiring November 30, 2014.
PID #47 Park Hill: Patricia Green and Josh Weaver, appointed to four-year terms beginning February 22, 2011, and expiring November 30, 2014.
PID #48 Puebla Vista Estates: Kenneth Barker and James Eurich, appointed to four-year terms beginning February 22, 2011, and expiring November 30, 2014; Mike Wess appointed to a two-year term beginning February 22, 2011, and expiring November 30, 2012.
PID #49 Wagon Wheel: Steven Downer, appointed to a four-year term beginning February 22, 2011, and expiring November 30, 2014.
Red Feather Lakes Planning Advisory Committee: Lon Hughes, appointed to a three-year term beginning February 22, 2011, and expiring November 30, 2013.
Workforce Investment Board: Richard Martinez, appointed to complete the unexpired term of Darcy McClure, beginning February 22, 2011, and expiring June 30, 2012.
M O T I O N
Commissioner Johnson moved that the Board of County Commissioners approve the recommended appointments to the Boards and Commissions as listed above.
Motion carried 3-0.
8. ASSISTANT COUNTY MANAGER WORKSESSION: Mr. Gluckman had no items to discuss.
Commissioner Gaiter suggested the Board send a copy of Resolution 02152011R001, Resolution in Support of House Bill 11-1082, to Senator Bacon and Senator Lundberg because the bill was approved by the Colorado House of Representatives and will be heard by the Colorado Senate.
The Board agreed with Commissioner Gaiter’s suggestion.
9. SUPPLEMENT TO THE 2011 DISTRICT ATTORNEY’S BUDGET: Ms. Volker, Ms. Paris, Mr. Abrahamson, and Ms. Coxen addressed the Board to request $195,000 to supplement the District Attorney’s 2011 budget. Mr. Abrahamson explained that in 2010, half of the county court deputies resigned, mostly due to low compensation. After a close examination of the office’s current pay scale, and a survey of surrounding judicial entities, Mr. Abrahamson determined the current two-tier pay scale is inadequate. Therefore, he requested the Board approve $195,000 to help implement a new, four-tier pay scale.
Commissioner Johnson stated that he felt a restructuring of the pay scale was crucial to being able to retain experienced prosecutors. He also noted that experienced prosecutors were a crucial component in protecting the safety of the community. Lastly, Commissioner Johnson proposed to make the pay scale effective at the beginning of the second quarter, instead of making the decision retroactive to the beginning of the year, saving the county $60,000.
Commissioner Gaiter noted that he was initially hesitant to accept Commissioner Johnson’s proposal to begin the new pay scale at the beginning of the second quarter; however, $60,000 is a significant saving to the county, especially during the current economic climate.
Discussion ensued between the Board, Ms. Paris, Mr. Abrahamson, and Ms. Coxen.
Chair Donnelly stated that there is a perception that things are broken in the District Attorney’s Office because of the high rate of turnover; however, he felt the best way to correct the misperception is to correct the pay scale insufficiencies and allow for the retention of experienced employees. Chair Donnelly also noted that the District Attorney’s Office recently implemented an electronic records system, which allowed the office to save $400,000. Therefore, the requested $195,000 could be supplemented from the $400,000 savings. Lastly, Chair Donnelly stated that he was in favor of beginning the restructured pay scale at the beginning of the second quarter, which would be reflected in the employees’ pay on April 7, 2011.
M O T I O N
Commissioner Gaiter moved that the Board of County Commissioners approve a supplement to the District Attorney’s 2011 budget in the amount of $135,000.
Motion carried 3-0.
10. COMMISSIONER ACTIVITY REPORTS: The Board detailed their attendance at events during the previous week.
11. LEGAL MATTERS: Mr. Ressue presented a request from the Boxelder Stormwater Authority for amendments to the Boxelder Stormwater Intergovernmental Agreement. Mr. Ressue explained that the authority submitted four specific requests:
1. New boundary lines based upon a study and map completed by Ayers and Associates.
2. The ability to issue fee credits on a case-by-case basis.
3. The ability to make fee adjustments and/or issue credits.
4. Adjust the fee rate from $.03 to $.02 per square-foot.
Mr. Ressue noted that while requested items #1 and #4 were specific enough for the Board to decide upon at this time, he recommended they wait to make a decision on the other items until the Boxelder Stormwater Authority submitted specific requests with more information.
Commissioner Johnson requested that the Board hold a meeting, in Wellington, to allow the citizens to comment on the proposed amendments before the Board makes a decision.
Much discussion ensued between the Board and Mr. Ressue regarding whether to make a recommendation based on the information provided or to wait until the authority presented more information.
The Board decided to request more information from the Boxelder Stormwater Authority and hold a public hearing in Wellington before making a recommendation.
There being no further business, the Board recessed at 11:30 a.m.
LAND USE HEARING
The Board of County Commissioners reconvened at 3:00 p.m. with Matt Lafferty, Principal Planner. Chair Donnelly presided and Commissioners Gaiter and Johnson were present. Also present were: Tracy Shambo, Eric Tracy, and Ed Woodward, Engineering Department; Doug Ryan, Environmental Engineering Department; Dave Shirk, Estes Valley Planning Department; Toby Stauffer, Planning Department; William Ressue, County Attorney’s Office; and Melissa Lohry, Deputy Clerk.
Chair Donnelly 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.
Mr. Lafferty explained to the Board that item #6, “Terry Point Estates Lot 42, Block 1, Partial Utility Easement Vacation, file #11-S3020,” was inadvertently left off of the list of consent items. Mr. Lafferty stated that staff and the applicant were in agreement and the item could be added to the consent items, if the Board was inclined to do so.
The Board decided to include that item #6, “Terry Point Estates Lot 42, Block 1, Partial Utility Easement Vacation, file #11-S3020,” on the consent agenda.
Chair Donnelly 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. ESTES VALLEY DEVELOPMENT CODE AMENDMENT – IMPERVIOUS SURFACES/LOT COVERAGE DEFINITIONS: This is a request to amend the Estes Valley Development Code to clarify that permeable pavement is not exempt from the standards for impervious surface and lot coverage, as outlined in the development code. This proposal follows Planning Commission approval at their meeting in October 2010.
This proposed amendment is a result of a development plan application, in which the applicant proposed permeable pavers for a portion of a parking lot. Permeable pavers are technically exempt from impervious surfaces/lot coverage calculations because they allow absorption of stormwater; however, in reviewing the proposed amendments, the planning commission concluded that while permeable pavers are exempt from lot coverage standards, the concept goes against the intent of the code, which is to preserve undeveloped land.
Staff recommends approval of the Estes Valley Development Code Amendment regarding Impervious Surfaces/Lot Coverage Definitions, complying with the Town of Estes Park and the Larimer County Planning Commission’s unanimous approval.
2. ESTES VALLEY DEVELOPMENT CODE AMENDMENT – ESTES PARK URBAN RENEWAL AUTHORITY: In January 2010, the Estes Park Town Board approved Ordinance #4-10, which formally abolished the Estes Park Urban Renewal Authority (EPURA). Ordinance #4-10, established July 21, 2010, as the final Estes Park Urban Renewal Authority meeting. The proposed Code amendments would remove these now obsolete references to EPURA.
Staff suggests this is a “housekeeping” item and therefore recommends approval of the removal of references to the Estes Park Urban Renewal Authority. The Town of Estes Park and the Estes Valley Planning Commission voted to unanimously approve the recommendation.
3. GREELEY BELLVUE PIPELINE FLOOD PLAIN REVIEW: This is a request to approve the Floodplain Special Review based on the Flood Review Board’s recommendation of approval. The City of Greeley is constructing a 60-inch water pipeline known as the Bellvue Pipeline to their treatment plant north of County Road 54E along the Poudre River. The Land Use Code requires a recommendation from the Flood Review Board with a final approval from the Board of County Commissioners through a Floodplain Special Review.
The Flood Review Board met on Wednesday, December 22, 2010, to review the Floodplain Special Review Report dated November 24, 2010, and found the report to be acceptable, but needed additional information. The Flood Review Board met again on Thursday, January 27, 2011, to review an additional report dated January 13, 2011. A motion to accept both reports was approved and a favorable recommendation to the Board of County Commissioners was made for approval of the Floodplain Special Review.
Therefore, staff recommends approval of the Flood Plain Special Review for the pipeline as outlined in the Floodplain Special Review Reports dated November 24, 2010, and January 13, 2011.
4. GLEN HAVEN SUBDIVISION LOTS 36-39, 47-49, BLOCK 14 AMENDED PLAT FILE #11-S3019: This is a request to amend the plat of Glen Haven Subdivision, to combine lots considered to be one property, to formalize/simplify the legal description, and an appeal to Section 8.14.1.I of the Land Use Code.
In their review of the application, staff determined that the proposed amendment to the Glen Haven Subdivision will not adversely affect any neighboring properties or any county agency, nor will the amended plat result in any additional lots; therefore, the request meets the requirements of the Larimer County Land Use Code.
Staff recommends approval of the Amended Plat of Lots 36, 37, 38, 39, 47, 48, and 49, Block 14, Glen Haven Subdivision and appeal to Section 8.14.1.I, file #11-S3019, subject to the following conditions and authorization for the chair to sign the plat when the conditions are met and the plat is presented for signature:
1. The final plat shall be recorded by August 22, 2011, or this approval shall be null and void.
2. Prior to the recordation of the final plat, the applicant shall make the technical corrections requested by the Land Surveyor of the Larimer County Engineering Department.
5. GLACIER VIEW MEADOWS 12TH FILING LOTS 20 & 21, LOT CONSOLIDATION AND EASEMENT VACATION, FILE #11-S3022: This is a request to combine two adjacent lots, Lots 20 & 21 of Glacier View Meadows 12th Filing, into one lot and vacate the two 10-foot utility easements 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.
In their review of the application, staff has found the proposed Glacier View Meadows 12th Filing, Lots 20 & 21, Lot Consolidation and 20-foot utility easement vacation will not adversely affect any neighboring properties or any county agency. The Lot Consolidation will not result in any additional lots and no other services will be affected; therefore, staff finds that the request meets the requirements of the Larimer County Land Use Code.
Staff recommends approval of the Glacier View Meadows 12th Filing, Lots 20 & 21, Lot Consolidation and 20-foot Utility Easement Vacation, file #11-S3022, subject to the following conditions:
1. All conditions of approval shall be met and the final resolution recorded by August 22, 2011, 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.
3. The vacation of the utility easement and the reconfiguration of the lots lines shall be finalized at such time when the plat and findings and resolution of the County Commissioners are recorded.
6. TERRY POINT ESTATES LOT 42, BLOCK 1, PARTIAL UTILITY EASEMENT VACATION, FILE #11-S3020: This is a request to vacate a portion of a drainage and utility easement along the north property line of Lot 42, Block 1, Terry Point Estates to accommodate an existing house and basement encroachment. If approved, the recording instrument for this application will be a Findings and Resolution from the Board of County Commissioners. If approved, the western 20-feet of the easement adjacent to the right-of-way will remain; a section measuring 50-feet by 8-feet, located adjacent to and north of the house will be vacated; and the remainder of the easement to the east property line will remain.
Comments from the Engineering Department indicate that the easement, located between lots 42 and 43, is important because it carries drainage flow from an area upstream. Though the easement vacation is necessary to remove the retaining wall and house from the easement, the vacation should be minimized to still allow drainage flow beyond the house to the west. Staff is recommending only a portion of the easement be vacated, 50-feet by 8-feet just north of the house along the property line, and that the remainder of the easement on the property remain intact to accommodate drainage.
Staff recommends approval of the Terry Point Estates Lot 42, Block 1, Partial Utility Easement Vacation, file #11-S3020, to accommodate an existing house and basement encroachment.
M O T I O N
Commissioner Gaiter moved that the Board of County Commissioners approve the consent agenda as published, including item #6, “Terry Point Estates Lot 42, Block 1, Partial Utility Easement Vacation, file #11-S3020.”
Motion carried 3-0.
There being no further items, the Board adjourned at 3:15 p.m.
TOM DONNELLY, CHAIR
BOARD OF COMMISSIONERS
CLERK AND RECORDER
Melissa E. Lohry, Deputy County Clerk