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> Meetings & Minutes > Commissioners' Minutes > BCC Minutes for 12/19/11  

MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

 

 

Monday, December 19, 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:  Dave Shirk, Estes Park Planning Department; Jeannine Haag, County Attorney’s Office; 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 addressed the Board with public comment.

 

Mr. Lafferty requested to move item 4; Estes Valley Development Code Amendments-alteration of Nonconforming Accessory Dwelling Units, to the consent agenda. The Commissioners agreed.

 

Chair Donnelly 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.         NAMAQUA HILLS LOT 16 EASEMENT VACATION, FILE #11-S3079:    This is a request to vacate a 10-foot utility easement along the north property line for the entire width of the lot. If approved, the recording instrument for this application will be a Findings and Resolution from the Board of County Commissioners.

 

The proposal meets the review criteria and there are no objections from surrounding agencies; therefore, staff recommends approval of the Namaqua Hills Lot 16 Easement Vacation, file #11-S3049.

 

2.         LAUGH-A-LOT SUBDIVISION LOTS 1 & 2 LOT CONSOLIDATION, FILE #11-S3081: This is a request to combine lots 1 and 2 of the Laugh-a-Lot Subdivision into one lot. If approved, the recording instrument for this application will be a Findings and Resolution from the Board of County Commissioners.

 

The lot consolidation will not result in any additional lots and no other services will be affected. Staff finds the request meets the requirements of the Larimer County Land Use Code.

 

Staff recommends approval of the Laugh-a-Lot Subdivision, Lots 1 and 2 Lot Consolidation, file #11-S3081 subject to the following conditions:

 

1.   All conditions of approval shall be met and the final resolution recorded by May 7, 2012, 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 reconfiguration of the lots lines shall be finalized at such time when the findings and resolution of the County Commissioners is recorded.

 

3.         HALLETT HEIGHTS SUBDIVISION LOTS 3, 4 & 5 EASEMENT VACATION: This is a request to vacate an unnecessary private access easement and dedicate a public drainage easement.

 

Staff recommends approval of the proposed vacation of a private access easement and a dedication of a public drainage easement, Hallett Heights Subdivision Lots 3-5.

 

4.         ESTES VALLEY DEVELOPMENT CODE AMENDMENTS-ALTERATION OF NONCONFORMING ACCESSORY DWELLING UNITS:      This is a request to amend the Estes Valley Development Code to allow alterations to nonconforming accessory dwelling units; this amendment would not allow expansion or relocation of such units.

 

Staff recommends approval of the proposed amendment to the Estes Valley Development Code to allow alteration of nonconforming accessory dwelling units based on the following findings:

 

1.   The proposed text amendments to the Estes Valley Development Code comply with review standards set forth in Section 3.3.D.

 

2.   The proposed text amendments are consistent with the approved problem statement.

 

3.   This is a recommendation to the Town Board of Trustees and the Board of County Commissioners.

 

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, DECEMBER 20, 2011

 

ADMINISTRATIVE MATTERS

 

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: Frank Lancaster, Donna Hart and Deni LaRue, Commissioner’s Office; Laurel Kubin, Kyle Christensen and Jacque Miller, Extension Office; Gary Buffington, Kerri Rollins, Meegan Flenniken and Jeffrey Boring, Natural Resources Department; Charlie Johnson, Martina Wilkinson and Mark Petersen, Engineering Department; George Hass, Jeannine Haag and William Ressue, County Attorney’s Office; and Dana Bouchard, Deputy Clerk.

 

1.         PUBLIC COMMENT:        Eric Sutherland spoke regarding an illegal loan made by the City of Fort Collins using public money resulting in the defense of County revenues by inducing Tax Increment Financing (TIF). He expressed to the Board his disappointment of such a “disingenuous expression of civic action.”

 

Cheryl Distaso and David Bell requested the Board reconsider providing financial assistance for individuals being displaced from the Bender Mobile Home Park.

 

Mel Hilgenberg commented on several issues pertaining to county business.

 

2.         APPROVAL OF MINUTES FOR THE WEEK OF DECEMBER 12, 2011:

 

M O T I O N

 

Commissioner Gaiter moved that the Board of County Commissioners approve the minutes for the week of December 12, 2011.

 

Motion carried 3-0.

 

3.         REVIEW OF THE SCHEDULE FOR THE WEEK OF DECEMBER 26, 2011:   Ms. Hart reviewed the schedule for the upcoming week.

 

4.         CONSENT AGENDA:

 

M O T I O N

 

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

 

12202011A001           MEMORANDUM OF OIL AND GAS LEASE BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND MARATHON OIL COMPANY

 

12202011A002           LARIMER COUNTY LARGE-TRACT OIL AND GAS LEASE AGREEMENT BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND MARATHON OIL COMPANY

 

12202011A003           SUPPORT TO OTHER ENTITIES FUND CONTRACT BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS, FOR THE USE AND BENEFIT OF THE DEPARTMENT OF HUMAN SERVICES, AND NORTH RANGE BEHAVIORAL HEALTH

 

12022011R001           RESOLUTION CONCERNING EMPLOYMENT CONTRACT WITH THE COUNTY MANAGER FOR 2012

 

12202011R003           FINDINGS AND RESOLUTION APPROVING THE AMENDED PLAT OF LOT 7 IN THE HIDDEN VALLEY ESTATES II RURAL LAND USE PLAN

 

12202011R004           FINDINGS AND RESOLUTION APPROVING THE AMENDED PLAT OF RESIDUAL LOT J IN THE PEARL CREEK ESTATES RURAL LAND USE PLAN

 

12202011R005           FINDINGS AND RESOLUTION APPROVING THE HERITAGE GRAMES SIGN APPEAL

 

12202011R006           RESOLUTION ESTABLISHING COMPENSATION FOR LARIMER COUNTY

 

MISCELLANEOUS            :           Human Services Community Services Block Grant (GSBG) policy on eligibility based on income being below the 125% federal poverty level and being a lawful resident of the united states; Colorado Department of DOLA requested a revision on Larimer County Human Services CSBG Policy and Procedure for eligibility based on income being at or below 125% Federal Poverty Level and being a lawful resident of the United States.

 

LIQUOR LICENSES:         The following licenses were approved and/or issued: Fort Collins Elks Lodge #804 – Special Event 6% - Fort Collins; Mountain Vista Greens – Optional Premises – Fort Collins; Pot Belly Restaurant & Lounge – Tavern – Red Feather Lakes.

 

Motion carried 3-0.  

 

5.         RECOGNITION OF LARIMER COUNTY 150TH ANNIVERSARY BY CONGRESSMAN CORY GARDNER:  Dan Betts, District Representative, presented to the Board a copy of the congressional record including a speech given by Congressman Cory Gardner honoring Larimer County on its 150th anniversary.

 

The Board thanked Mr. Betts and requested he send their regards to Congressman Gardner.

 

6.         UPDATE ON LARIMER COUNTY FINANCIAL LITERACY INITIATIVE: Ms. Lubin, Mr. Christensen and Ms. Miller updated the Board on the progress of this initiative. The program is partnered with United Way and attempts to advance financial literacy, reduce poverty, and prevent entrance into poverty.  Mr. Christensen also briefly spoke regarding the recent grants awarded to the program which will be used to support Human Services programs, improve community publications, and their website.

 

7.         RECOGNIZE LARIMER COUNTY EXTENSION NATIONAL AWARD RECIPIENTS:            Ms. Lubin and Ms. Miller shared with the Board their recent receipt of the Extension Housing outreach award and briefly discussed the programs which resulted in this award.   

 

8.         UPDATE ON ENERGY BY DESIGN PROJECT IN LARIMIE FOOTHILLS – RED MOUNTAIN OPEN SPACE: Mr. Buffington, Ms. Flenniken and Mr. Boring updated the Board on this project which is a partnership between Larimer County, The State Land Board (SLB) and the City of Fort Collins. The project hopes to identify opportunities to avoid, minimize, and mitigate the impacts of potential future oil and gas development to biological values associated with three open space parcels in northern Larimer County: Soapstone Prairie Natural Area, Red Mountain Open Space, and Meadow Springs Ranch. The partnership is close to signing an Memorandum of Understanding, which will be effective through December, 2013.

 

9.         PHASE I OF THE HERON LAKES OPEN SPACE PROJECT: Mr. Buffington, Ms. Rollins, and Mr. Johnson presented the project status to the Board and requested final approval of Phase I. Staff explained that Board approval is conditioned upon final Great Outdoors Colorado approval, and Anadarko Petroleum signing a surface rights relinquishment agreement.

 

Discussion ensued regarding the final project outcomes and the specific results of Phase I.

 

M O T I O N

 

Commissioner Gaiter moved that the Board of County Commissioners approve a Resolution for the expenditure of $100,000 of County Open Space Sales Tax dollars and a Deed of Conservation Easement in favor of Larimer County as a co-holder of the easement with the City of Loveland.

 

Motion carried 3-0.

 

12202011D001           DEED OF CONSERVATION EASEMENT BY THE TOWN OF BERTHOUD, COLORADO IN FAVOR OF LARIMER COUNTY, COLORADO AND THE CITY OF LOVELAND, COLORADO

 

12202011R002           RESOLUTION REGARDING HERON LAKES OPEN SPACE

 

10.       DISCUSSION ON COUNTY BILLING FOR BOXELDER AUTHORITY STORMWATER FEES FOR 2011 CALENDAR YEAR:    Mr. Peterson and Ms.Wilkinson reviewed the Intergovernmental Agreement for the Boxelder Stormwater Authority with the Board explaining that any one of the three entities of the agreement can choose to collect fees and remit the amount.

 

Staff requested approval from the Board to assist the Authority by collecting stormwater fees for the calendar year 2011 from developed properties in the unincorporated portion of the Boxelder Authority Service Area.

 

The Board agreed to permit the Engineering Department to conduct stormwater billing on behalf of the Boxelder Authority.

 

11.       UPDATE ON THE CITY OF LOVELAND’S BOYD LAKE AVENUE EXTENSION STUDY:    Mr. Peterson and Ms. Wilkinson updated the Board on the status of the project. The City of Loveland is leading this study to investigate the best location for parallel arterial roads to the I-25 corridor. Since the area falls within unincorporated Larimer County, once a decision is made for the arterial placement, it would need to be added to the county Transportation Master Plan.

 

Some discussion ensued regarding the county’s role in decision making regarding this project. Chair Donnelly requested staff emphasize to the City of Loveland to look at all potential land options, including the City of Loveland land that follows the I-25 corridor.

 

12.       COUNTY MANAGER WORKSESSION:  Mr. Gluckman requested approval from the Board to allow county employees to work a half day on Friday, December 23, 2011.  The Board approved this request.

 

Mr. Lancaster clarified that the City of Fort Collins does not pay tipping fees to the county because they own 50 percent of the landfill. However, the city departments internally pay tipping fees to themselves and then those monies are reserved for waste management and recycling programs.

 

13.       COMMISSIONER ACTIVITY REPORTS:  The Board detailed their attendance at events during the past week.

 

14.       LEGAL MATTERS:  Ms. Haag requested the Board go into executive session to discuss the Drake Campground. 

 

M O T I O N

 

Commissioner Johnson moved that the Board of County Commissioners go into Executive Session for the purpose of  receiving legal advice on specific legal questions, as outlined in 24-6-402 (4)(b) C.R.S

 

Motion carried 3-0.

 

The Board of County Commissioners reconvened in public session and Chair Donnelly provided a brief overview of the topic discussed.

 

M O T I O N

 

Chair Donnelly moved that the Board of County Commissioners find that the lot continues to exist as a Legal Nonconforming Use.

 

Some discussion ensued regarding the use of the lot and Commissioners Johnson and Gaiter expressed their desire to see the issue continue through the Special Review Process.

 

Motion failed 1-2, Commissioners Johnson and Gaiter dissenting.

 

M O T I O N

 

Commissioner Johnson moved that the Board of County Commissioners allow the Shaffer’s, owners of the Drake Campground, to continue through the Special Review Process.

 

Motion carried 3-0.

 

There being no further business, the meeting recessed at 12:55 p.m.

 

 

 

BUDGET ADOPTION HEARING

 

The Board of County Commissioner reconvened at 1:30 p.m. with Frank Lancaster, County Manager. Chair Donnelly presided and Commissioners Gaiter and Johnson were present. Also present were: Robert Keister, Commissioners’ Office; and Dana Bouchard, Deputy Clerk.

 

Commissioner Donnelly asked for public comment and Eric Sutherland commented on his desire to see the county improve revenues..

 

Mr. Keister explained that the purpose of the hearing was to approve the 2011 Amended Budget, to adopt the proposed 2012 budget, and to set Mill Levies.

 

M O T I O N

 

Commissioner Gaiter moved that the Board of County Commissioners approve the Resolution to amend the 2011 Budget and Transfer and Appropriate Monies.

 

Motion carried 3-0.

 

12202011R007           RESOLUTION TO AMEND THE 2011 BUDGET AND TRANSFER AND APPROPRIATE MONIES OF THE COUNTY OF LARIMER

 

M O T I O N

 

Commissioner Johnson moved that the Board of County Commissioners approve the Resolution to Adopt the 2012 Budget and Set Levies.

 

Motion carried 3-0.

 

12202011R008           RESOLUTION TO ADOPT THE 2012 BUDGET AND SET LEVIES

 

M O T I O N

 

Commissioner Gaiter moved that the Board of County Commissioners approve Resolutions to Adopt 2012 Budgets and Set Levies for all other entities.

 

12202011R009           LARIMER COUNTY GID #1 1991-1 ARAPAHOE PINES RESOLUTION TO ADOPT 2012 BUDGET AND SET LEVIES

 

12202011R010  LARIMER COUNTY GID #1 IMPERIAL ESTATES RESOLUTION TO ADOPT 2012 BUDGET AND SET LEVIES

 

12202011R011           LARIMER COUNTY GID #2 PINEWOOD SPRINGS RESOLUTION TO ADOPT 2012 BUDGET AND SET LEVIES

 

12202011R012           LARIMER COUNTY GID #4 CARRIAGE HILLS RESOLUTION TO ADOPT 2012 BUDGET AND SET LEVIES

 

12202011R013           LARIMER COUNTY GID #8 NAMAQUA HILLS RESOLUTION TO ADOPT 2012 BUDGET AND SET LEVIES

 

12202011R014           LARIMER COUNTY GID #10 HOMESTEAD ESTATES RESOLUTION TO ADOPT 2012 BUDGET AND SET LEVIES

 

12202011R015           LARIMER COUNTY GID #11 MEADOWDALE HILLS RESOLUTION TO ADOPT 2012 BUDGET AND SET LEVIES

 

12202011R016  LARIMER COUNTY GID #12 CLUB ESTATES RESOLUTION TO ADOPT 2012 BUDGET AND SET LEVIES

 

12202011R017           LARIMER COUNTY GID #13A RED FEATHER RESOLUTION TO ADOPT 2012 BUDGET AND SET LEVIES

 

12202011R018           LARIMER COUNTY GID #14 LITTLE VALLEY ROAD RESOLUTION TO ADOPT 2012 BUDGET AND SET LEVIES

 

12202011R019           LARIMER COUNTY GID #16 KITCHELL SUBDIVISION RESOLUTION TO ADOPT 2012 BUDGET AND SET LEVIES

 

12202011R020           LARIMER COUNTY GID #17 COUNTRY MEADOWS RESOLUTION TO ADOPT 2012 BUDGET AND SET LEVIES

 

12202011R021  LARIMER COUNTY GID #18 VENNER RANCH RESOLUTION TO ADOPT 2012 BUDGET AND SET LEVIES

 

12202011R022  LARIMER COUNTY PID #19 HIGHLAND HILLS RESOLUTION TO ADOPT 2012 BUDGET AND SET LEVIES

 

12202011R023  LARIMER COUNTY PID #20 PTARMIGAN RESOLUTION TO ADOPT 2012 BUDGET AND SET LEVIES

 

12202011R024  LARIMER COUNTY PID #21 SOLAR RIDGE RESOLUTION TO ADOPT 2012 BUDGET AND SET LEVIES

 

12202011R025  LARIMER COUNTY PID #22 SADDLEBACK RESOLUTION TO ADOPT 2012 BUDGET AND SET LEVIES

 

12202011R026           LARIMER COUNTY PID #23 EAGLE ROCK RANCHES RESOLUTION TO ADOPT 2012 BUDGET AND SET LEVIES

 

12202011R027  LARIMER COUNTY PID #24 WESTRIDGE RESOLUTION TO ADOPT 2012 BUDGET AND SET LEVIES

 

12202011R028           LARIMER COUNTY PID #25 ESTATE PARK ESTATES RESOLUTION TO ADOPT 2012 BUDGET AND SET LEVIES

 

12202011R029           LARIMER COUNTY PID #26 EAGLE RANCH ESTATES RESOLUTION TO ADOPT 2012 BUDGET AND SET LEVIES

 

12202011R030  LARIMER COUNTY PID #27 CROWN POINT RESOLUTION TO ADOPT 2012 BUDGET AND SET LEVIES

 

12202011R031  LARIMER COUNTY PID #28 TROTWOOD RESOLUTION TO ADOPT 2012 BUDGET AND SET LEVIES

 

12202011R032  LARIMER COUNTY PID #29 VINE DRIVE RESOLUTION TO ADOPT 2012 BUDGET AND SET LEVIES

 

12202011R033           LARIMER COUNTY PID #30 POUDRE OVERLOOK RESOLUTION TO ADOPT 2012 BUDGET AND SET LEVIES

 

12202011R034           LARIMER COUNTY PID #31 FOOTHILLS SHADOW RESOLUTION TO ADOPT 2012 BUDGET AND SET LEVIES

 

12202011R035  LARIMER COUNTY PID #32 CHARLES HEIGHTS RESOLUTION TO ADOPT 2012 BUDGET AND SET LEVIES

 

12202011R036  LARIMER COUNTY PID #33 PRAIRIE TRAILS RESOLUTION TO ADOPT 2012 BUDGET AND SET LEVIES

 

12202011R037  LARIMER COUNTY PID #34 MOUNTAIN RANGE SHADOWS RESOLUTION TO ADOPT 2012 BUDGET AND SET LEVIES

 

12202011R038  LARIMER COUNTY PID #35 BRUNS RESOLUTION TO ADOPT 2012 BUDGET AND SET LEVIES

 

12202011R039  LARIMER COUNTY PID #36 BONNELL WEST RESOLUTION TO ADOPT 2012 BUDGET AND SET LEVIES

 

12202011R040  LARIMER COUNTY PID #37 TERRY COVE RESOLUTION TO ADOPT 2012 BUDGET AND SET LEVIES

 

12202011R041           LARIMER COUNTY PID #38 CENTRO BUSINESS PARK RESOLUTION TO ADOPT 2012 BUDGET AND SET LEVIES

 

12202011R042  LARIMER COUNTY PID #39 RAINBOW LAKES RESOLUTION TO ADOPT 2012 BUDGET AND SET LEVIES

 

12202011R043           LARIMER COUNTY PID #40 PARAGON ESTATES RESOLUTION TO ADOPT 2012 BUDGET AND SET LEVIES

 

12202011R044  LARIMER COUNTY PID #41 THE BLUFFS RESOLUTION TO ADOPT 2012 BUDGET AND SET LEVIES

 

12202011R045           LARIMER COUNTY PID #42 COTTONWOOD SHORES RESOLUTION TO ADOPT 2012 BUDGET AND SET LEVIES

 

12202011R046           LARIMER COUNTY PID #43 GRAYHAWK KNOLLS RESOLUTION TO ADOPT 2012 BUDGET AND SET LEVIES

 

12202010R047  LARIMER COUNTY PID #46 KORAL HEIGHTS RESOLUTION TO ADOPT 2012 BUDGET AND SET LEVIES

 

12202011R048           LARIMER COUNTY PID #47 PARK HILL RESOLUTION TO ADOPT 2012 BUDGET AND SET LEVIES

 

12202011R049           LARIMER COUNTY PID #48 PUEBLA VISTA ESTATES RESOLUTION TO ADOPT 2012 BUDGET AND SET LEVIES

 

12202011R050           LARIMER COUNTY PID #49 WAGON WHEEL RESOLUTION TO ADOPT 2012 BUDGET AND SET LEVIES

 

12202011R051           LARIMER COUNTY PID#50 CLYDESDALE PARK RESOLUTION TO ADOPT 2012 BUDGET AND SET LEVIES

 

12202011R052           LARIMER COUNTY PID#51 CLYDESDALE ESTATES RESOLUTION TO ADOPT 2012 BUDGET AND SET LEVIES

 

12202011R053           PUBLIC TRUSTEE RESOLUTION TO ADOPT 2012 BUDGET AND SET LEVIES

 

12202011R054           LARIMER COUNTY PEST CONTROL RESOLUTION TO ADOPT 2012 BUDGET AND SET LEVIES

 

M O T I O N

 

Commissioner Johnson moved that the Board of County Commissioners approve a Resolution to Appropriate Sums of Money for 2012.

 

Motion carried 3-0.

 

12202011R055           COUNTY OF LARIMER RESOLUTION TO APPROPRIATE SUMS OF MONEY FOR 2012

 

M O T I O N

 

Commissioner Gaiter moved that the Board of County Commissioners approve a Resolution to Designate Ending 2012 Fund Balances.

 

Motion carried 3-0.

 

12202011R056           COUNTY OF LARIMER RESOLUTION TO DESIGNATE ENDING 2012 FUND BALANCES

 

Commissioner Johnson moved that the Board of County Commissioners approve the 2012 Budget Year Certification of Levies and Revenue.

 

Motion carried 3-0.

 

12202011R057           2012 BUDGET YEAR CERTIFICATION OF LEVIES AND REVENUE BY LARIMER COUNTY COMMISSIONERS

 

The Board thanked Mr. Keister, his staff, and all county department staff for their hard work on preparing the county budget.

 

There being no further business, the hearing adjourned at 2:15 p.m.

 

THURSDAY, DECEMBER 22, 2011

 

EXECUTIVE SESSION

 

The Board of County Commissioners met at 9:50 a.m. with Frank Lancaster, County Manager. Chair Donnelly presided and Commissioners Gaiter and Johnson were present. Also present were: Neil Gluckman and Deni LaRue, Commissioners’ Office; George Hass and Jeannine Haag, County Attorney’s Office; and Dana Bouchard, Deputy Clerk.

 

M O T I O N

 

Commissioner Gaiter moved that the Board of County Commissioners go into executive session for discussion regarding security issues as outlined in 24-6-402(4)(d) C.R.S.

 

Motion carried 3-0.

 

M O T I O N

 

Commissioner Gaiter moved that the Board of County Commissioners go into executive session for the purpose of receiving legal advice on specific legal questions as outlined in 24-6-402(4)(b) C.R.S.

 

Motion carried 3-0.

 

The Board adjourned at 12:00 p.m. with no further action taken.

 

 

 

 

 

__________________________________________

  TOM DONNELLY, CHAIR

BOARD OF COMMISSIONERS

 

 

SCOTT DOYLE

CLERK AND RECORDER

 

ATTEST:

 

 

______________________________________

Dana Bouchard, Deputy Clerk

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