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MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

 

 

Monday, June 20, 2011

 

LAND USE HEARING

 

The Board of County Commissioners met at 3:00 p.m. with Matt Lafferty, Principal Planner. Chair Donnelly presided and Commissioners Gaiter and Johnson were present. Also present were: Jeff Goodell, Engineering Department; Doug Ryan, Health Department; Rob Helmick, Planning Department; Jeannine Haag, County Attorney; and Dana Bouchard, 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.

 

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.         FREESTANDING TOWNHOMES AMENDMENT TO THE ESTES VALLEY DEVELOPMENT CODE:   This is a request to amend the Estes Valley Development Code to allow townhome subdivisions in additional zoning districts and to redefine “townhome.” 

 

Currently, townhome style development is allowed, but only in a condominium ownership form.  In condominium projects, all land is owned in common by the unit owners.  In townhouse projects, the land below the unit is owned by the unit owner, and only commonly used areas are owned by a homeowners association. Currently, townhome subdivisions are allowed only in the RM Multi-Family and the A and A-1 Accommodations districts. This amendment would allow free-standing and two-unit townhome subdivisions as well, and would allow townhomes in the R-1 and R-2 districts.

 

This amendment is about form of ownership, not form of development.  This amendment would not affect allowed densities, required landscaping, road or stormwater standards, or wildlife habitat protection standards. 

 

Staff recommends approval of the proposed amendment to the Estes Valley Development Code regarding townhomes, as delineated in Exhibit A, on file with the Estes Valley Development Department.

 

2.         KIDDER SUBDIVISION AND APPEAL, FILE #10-S2944:   This is a request for preliminary plat approval for a two lot subdivision on 40 acres, with lot one being 31+ acres and lot two being 8+ acres. The application also includes an appeal to section 5.3.2.H. of the Larimer County Land Use Code to utilize the subdivision process rather than the conservation development process.

 

Staff recommends approval of this request, subject to the following conditions:

 

1.    The final plat shall be consistent with the approved preliminary plan and with the information contained in the Kidder Subdivision, file #10-S2944, except as modified by the conditions of approval or agreement of the County and applicant.  The applicant shall be subject to all other verbal or written representations and commitments of record for the Kidder Subdivision.

 

2.    The following fees shall be collected at building permit issuance for new single family dwellings:  Poudre School District school fee, Larimer County fees for County and Regional Transportation Capital Expansion, and Larimer County Regional Park Fees (in lieu of dedication).  The fee amount that is current at the time of building permit application shall apply. 

 

3.    All new residential structures shall have residential fire sprinklers installed.  In addition the applicant shall work with the Poudre Fire Authority to resolve the access gate issue prior to the issuance of a building permit for any new residence.

 

4.    All habitable structures will require an engineered foundation system. Such engineered foundation system designs shall be based upon a site specific soils investigation.  The lowest habitable floor level (basement) shall not be less than 3 feet from the seasonal high water table.  Mechanical methods proposed to reduce the ground water level, unless it is a response after construction, must be proposed on a development wide basis.

 

5.    Passive radon mitigation measures shall be included in construction of residential structures on these lots.  The results of a radon detection test conducted in new dwellings once the structure is enclosed but prior to issuance of a certificate of occupancy shall be submitted to the Building Department.  As an alternative, a builder may present a prepaid receipt from a radon tester which specifies that a test will be done within 30 days.  A permanent certificate of occupancy can be issued when the prepaid receipt is submitted.

 

6.    The applicant shall amend or revise the well permit for the property to comply with the requirements of the State Engineer as stipulated in their letter of 2/15/11.

 

7.    At final plat the applicant shall provide for the shared well proposed for this subdivision and shall;

 

a.    Submit a design for the shared water system, including the storage and distribution system shall be prepared by a registered professional engineer.

 

b.    Depict adequate easements providing for access to, maintenance of all facilities and water lines.

 

c.    Provide a suitable well sharing agreement.

 

d.    The system and all of its components including acquisition, construction and installation shall be guaranteed as a part of the development agreement for this subdivision.  The design engineer shall provide certification of the system installation and construction prior to the release of the requirements of the development agreement for the water system. 

 

8.    All plans for the driveway and site development shall include appropriate erosion control measures.  These shall be reviewed and commented on by the Engineering Department. 

 

M O T I O N

 

Commissioner Gaiter moved that the Board of County Commissioners approve the consent agenda as published above.

 

Motion carried 3-0.

 

There being no further business, the Board adjourned at 3:05 p. m.

 

TUESDAY, JUNE 21, 2011

 

ADMINISTRATIVE MATTERS

 

The Board of County Commissioners met at 9:00 a.m. with Frank Lancaster, County Manager. Chair Donnelly presided and Commissioners Gaiter and Johnson were present. Also present were: Deni LaRue and Donna Hart, Commissioners’ Office; Gary Buffington, David Lentz, Lori Smith, and Charlie Gindler, Natural Resources Department; Kathryn Rowe, Purchasing Department; Bridget Paris, Human Resources Department; George Hass, Jeannine Haag, and William Ressue, County Attorney’s Office; and Dana Bouchard, Deputy Clerk.

 

1.         PUBLIC COMMENT:  Mel Hilgenberg briefly spoke about the Greeley pipeline project and about the allowance of E-bikes on public trails.

 

2.         APPROVAL OF THE MINUTES FOR THE WEEK OF MAY 30, 2011 AND JUNE 13, 2011:

 

M O T I O N

 

Commissioner Gaiter moved that the Board of County Commissioners approve the minutes for the weeks of May 30, 2011, and June 13, 2011.

 

Motion carried 3-0.

 

3.         REVIEW OF THE SCHEDULE FOR THE WEEK OF JUNE 27, 2011:   Ms. Hart reviewed the upcoming schedule with the Board.

 

4.         CONSENT AGENDA:

 

M O T I O N

 

Commissioner Johnson moved that the Board of County Commissioners approve the consent agenda, as listed below:

 

06212011A001           DEVELOPMENT AGREEMENT FOR HESSDORFER-PHILLIPS SUBDIVISION BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND RICHARD HESSDORFER AND PAMELA PHILLIPS, FILE #06-S2610

 

06212011R001           FINDINGS AND RESOLUTION APPROVING THE DICK’S TRASH REZONING

 

06212011R002           RESOLUTION ADOPTING AMENDMENTS TO THE LARIMER COUNTY LAND USE CODE

 

06212011R003           FINDINGS AND RESOLUTION APPROVING THE BRESKA MINOR SPECIAL REVIEW

 

06212011R004           SPECIAL REVIEW FINDINGS AND RESOUTION DENYING THE PETITION OF DALLAS BELL

 

06212011R005           RESOLUTION FOR STATUTORY VESTED RIGHTS FOR HESSDORFER-PHILLIPS SUBDIVISION, FILE #06-S2610

 

MISCELLANEOUS:   Final Plat approval for the Hessdorfer-Phillips subdivision that was approved March 16, 2009; Department of Human Services Payments for May 2011.

 

LIQUOR LICENSES:  The following liquor licenses are recommended for approval and issuance: Supermarket Liquors, Inc – Retail Liquor Store – Fort Collins; Fort Fun – Tavern – Fort Collins; Larimer Center for Mental Health/ Namaqua Center – Special Event 6% - Loveland.

 

Motion carried 3-0.

 

5.         UPDATE FORESTRY PEST ENFORCEMENT PROCESS AND APPROVAL OF PENDING ENFORCEMENTS:   Mr. Buffington and Mr. Lentz updated the Board on the forestry pest enforcement process and requested approval to proceed with enforcement on properties that have not responded to contact from staff. 

 

The Board thanked Mr. Buffington and Mr. Lentz for their update and granted approval to proceed with the pest enforcement process.

 

6.         GRAZING LEASE QUOTES ON LARIMER COUNTY PROPERTIES:   Mr. Buffington, Mr. Gindler, and Ms. Rowe addressed the Board regarding grazing lease quotes on Larimer County properties. The Department of Natural Resources will be seeking quotes from interested parties to graze Eagles Nest Open Space, Red Mountain Open Space, and a Larimer County Solid Waste property near Wellington. The grazing leases will be for a period of five years beginning January 1, 2012.

 

Staff requested direction from the Board as to who will be able to offer quotes for the grazing of these three properties.  The Board agreed that the quotes should be offered only to people within the county.

 

7.         POSITION STATUS CHANGES FROM LIMITED TERM TO REGULAR FULL TIME EMPLOYEES:   Mr. Buffington, Ms. Paris, and Ms. Smith explained that the Department of Natural Resources has conservatively classified a number of positions as limited term. The department is requesting a change in classification from limited term to regular full time employee to more appropriately reflect current utilization of staffing. Staff requested the Board approve the proposed staff changes.

 

Discussion ensued regarding the available budget to support these staff changes, and the Board agreed to support the position status changes.

 

M O T I O N

 

Commissioner Gaiter moved that the Board of County Commissioners approve Open Lands Ranger II, Resource Technicians II, Visitor Services Campground Reservation Specialist and Open Lands Maintenance Technician from limited term to regular status.

 

Motion carried 3-0.

 

8.         SPENDING FUNDS OUT OF THE CRIMINAL JUSTICE SERVICES (CJS) RESERVES FOR ALTERNATIVE SENTENCING AUTOMATIVE SENTENCING AUTOMATION PROJECT:   Mr. Darling presented a proposal to allow $96,500 to be spent out of the CJS reserve fund to pay for a new software program, associated hardware, training and installation time for staff. The software will decrease the time it takes staff to process paperwork and increase efficiency.

 

M O T I O N

 

Commissioner Johnson moved that the Board of County Commissioners approve $96,500 to purchase a new software program and associated hardware, personnel training and implementation cost as well as training costs for Business Objects Enterprise.

 

Motion carried 3-0.

 

9.         COUNTY MANAGER WORKSESSION:  Mr. Lancaster had no items to discuss.

 

10.       COMMISSIONER ACTIVITY REPORTS:  The Board detailed their attendance at events during the previous week.

 

11.       LEGAL MATTERS:  Mr. Hass, Ms. Haag, and Mr. Ressue discussed the legal status of the Greeley pipeline project with the Board.

 

Mr. Lancaster requested that the Board go into Executive Session for purchase acquisition, lease, transfer or sale of any real or personal property interest; as well as, to discuss Anheuser-Busch Inc. vs. Larimer County Board of Equalization.

 

M O T I O N

 

Commissioner Gaiter moved that the Board of County Commissioners go into Executive Session for purchase acquisition, lease, transfer or sale of any real or personal property interest as outlined in 24-6-402 (4)(a) C.R.S. and for determining positions relative to matters that may be subject to negotiations; developing strategy for negations; and instructing negotiators as outlined in 24-6-402 (4)(e) C.R.S. 

 

Motion carried 3-0.

 

The Board came out of Executive Session and the following decisions were made.

 

M O T I O N

 

Commissioner Johnson moved that the Board of County Commissioners adopt a resolution regarding improvements on County Road 27.

 

Motion carried 3-0.

 

06212011R006           RESOLUTION REGARDING IMPROVEMENTS ON LARIMER COUNTY ROAD 27

 

M O T I O N

 

Commissioner Gaiter moved that the Board of County Commissioners authorize retention of Peter Bowes for expert appraisal report related to Anheuser-Busch Inc. vs. Larimer County Board of Equalization for an amount of up to $50,000.

 

Motion carried 3-0.

 

There being no further business, the Board recessed at 10:55 a.m.

 

LIQUOR LICENSE HEARING

 

The Board of County Commissioners reconvened at 4:00 p.m. with Assistant County Attorney Linda Connors. Chair Donnelly presided and Commissioners Gaiter and Johnson were present. Also present were: Christopher Robinson, Applicant; Gael Cookman, Clerk and Recorder’s Office; and Dana Bouchard, Deputy Clerk.

 

Ms. Connors noted for the record that there was no one in the audience in opposition to granting this liquor license.  Ms. Connors asked who would be speaking on behalf of the application, and Christopher Robinson introduced himself.

 

Ms. Bouchard then put Mr. Robinson under oath, and Ms. Connors reviewed the contents of the application. She presented Exhibit A, a photo of the posting of the premises and asked Mr. Robinson a series of questions regarding the posting. Ms. Connors then presented Exhibit B, the petition from the neighborhood, and asked Mr. Robinson a series of questions regarding the petition.

 

Ms. Connors asked if Mr. Robinson was familiar with the liquor laws in the state of Colorado, and Mr. Robinson stated that he has not extensively reviewed the liquor laws. Ms. Connors asked if Mr. Robinson was aware of the trainings that are available for staff serving alcohol. Mr. Robinson indicated that he would provide the TIPS training to his employees.

 

M O T I O N

 

Commissioner Gaiter moved that the Board of County Commissioners approve the application and grant a Beer and Wine license for Hog Wild Barbeque, Inc. License issuance will be contingent on occupancy load sign being posted and the CBI background checks coming back with no outstanding issues.

 

Motion carried 3-0.

 

The meeting adjourned at 4:30 p.m.

__________________________________________

   TOM DONNELLY, CHAIR

BOARD OF COMMISSIONERS

SCOTT DOYLE

CLERK AND RECORDER

 

ATTEST:

 

_____________________________________

Dana S. Bouchard, Deputy County Clerk

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