Loveland Bike Trail
 
> Meetings & Minutes > Commissioners' Minutes > BCC Minutes for 02/18/13  

MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

 

 

Monday, February 18, 2013

 

County offices were closed on Monday in observation of President’s Day.

 

TUESDAY, FEBRUARY 19, 2013

 

ADMINISTRATIVE MATTERS

 

The Board of County Commissioners met at 9:00 a.m. with Linda Hoffman, County Manager. Chair Johnson presided and Commissioners Donnelly and Gaiter were present. Also present were: Neil Gluckman, Assistant County Manager; Nancy Griffith-Conklin and Lindsay Murr, Community Corrections Department; Linda Hammett, Solid Waste Department; Tommie Anne Benigni, Facilities & Information Technology Department; Cheryl DeGrave, Workforce Center; Gary Buffington and Dan Rieves, Natural Resources Department; Ginny Riley and Ruth Long, Human Services Department; George Hass, County Attorney; and Dana Bouchard, Deputy Clerk.

 

Chair Johnson opened the meeting with the Pledge of Allegiance.

 

1.         PUBLIC COMMENT:        Joseph Flanagan addressed the Board regarding his Public Improvement District. He believes the petition which was ratified by the election, is not supported by statute and he requested the Board ask the Assessor to halt tax collection for the PID until this concern can be reviewed.

 

Stacy Lynne expressed to the Board her concerns regarding fraud and injustice within the county justice system. She defended herself against public claims that she is a sovereign citizen, and asked for help in stopping the injustice against her and others.

 

Joe Sullivan addressed the Board regarding the Pope Special Review. He requested the Board protect land owners on Bingham Hill Road who are opposed to further expansion.

 

Mike Pruznick addressed the Board regarding Urban Renewal Authority (URA) loans and expressed his feeling that any mistakes that have been made in these loans should be admitted and taken as learning opportunities.

 

Ray Burgner expressed his strong feeling that Amendment 64 will have disastrous effects on the county.

 

Eric Sutherland spoke against government loaning out tax dollars at high risk, specifically regarding the URA Loan to the Innosphere in Fort Collins.

 

2.         APPROVAL OF THE MINUTES FOR THE WEEKS OF FEBRUARY 4, 2013 AND FEBRUARY 11, 2013:

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners approve the minutes for the weeks of February 4, 2013 and February 11, 2013.

 

Motion carried 3-0.

 

3.         CONSENT AGENDA:

 

M O T I O N

 

Commissioner Gaiter moved that the Board of County Commissioners approve the consent agenda as published below:

 

02192013A001           STATE OF COLORADO DEPARTMENT OF NATURAL RESOURCES, COLORADO DIVISION OF PARKS AND WILDLIFE CONTRACT WITH LARIMER COUNTY

 

02192013R001           FINDINGS AND RESOLUTION APPROVING THE PAGE MINOR LAND DIVISION

 

MISCELLANEOUS:  Stipulation as to Tax Year 2012 Value – Mark J Drobilek; Public Trustee 4th Quarter Report, 2012; Recommended Appointment – Alan Cohen to the Workforce Investment Board; Recommended Mid-Term Appointment – Rachel Conaway to the Fair Board; Recommended Appointment – Thomas L Baldwin to the Fair Board.

 

LIQUOR LICENSES:  The following licenses have been issued and/or approved: Suede Event Center – Changes of Corporate Structure – Loveland; Sundance Trail Guest Ranch – Retail Liquor Store – Red Feather Lakes; Horsetooth Liquor – Retail Liquor Store – Fort Collins.

 

Motion carried 3-0.

 

4.         RECOGNITION OF AWARDS FROM UNITED WAY TO LARIMER COUNTY:   Ms. Hoffman recognized Nancy Griffith-Conklin for receiving the award for Campaign Coordinator of the Year 2012-2013, and the United Way Committee for receiving the Larimer County Spirit of Giving Award 2012-2013. Ms. Hoffman commended the committee members for their accomplishment and thanked them for their excellent work. Ms. Griffith-Conklin briefly explained the successes of the campaign and each committee member stated their contribution.

 

5.         RENEWAL OF THE ACQUATIC NUISANCE/INVASIVE SPECIES INSPECTION CONTRACT BETWEEN COLORADO PARKS & WILDLIFE AND LARIMER COUNTY NATURAL RESOURCES:   Mr. Buffington and Mr. Rieves requested the Board renew the contract for the fifth year to continue boat inspections at Horsetooth Reservoir and Carter Lake. They briefly discussed the expenses and benefits of the inspections. The Board expressed their support of renewing the contract.

 

M O T I O N   

 

Commissioner Donnelly moved that the Board of County Commissioners approve the 2013 ANS Inspection contract with Colorado Parks and Wildlife, which provides $325,000 in funding for seasonal staff and equipment.

 

Motion carried 3-0.

 

6.         APPROVE SUPPORT OF THE SB13-127:   Ms. Long and Ms. Riley presented the Board with some figures regarding the growing population of seniors in Colorado and how it will affect funding for services provided by the Area Agencies on Aging. The proposed bill will increase the Older Coloradoan’s Fund throughout the next several years to account for the population increase. Ms. Long and Ms. Riley requested the Board support this bill and allow the Office on Aging and its Advisory Council to support the legislation.

 

M O T I O N

 

Commissioner Gaiter moved that the Board of County Commissioners approve the request to support SB13-127.

 

Motion carried 3-0.

 

7.         U.S. SENATOR MARK UDALL AND U.S. REPRESENTATIVE JARED POLIS:   Senator Udall and Mr. Polis attended a roundtable with veterans and veteran’s organization representatives and commended Larimer County for the great things being done to support veterans. The Board thanked Senator Udall and Mr. Polis for federal Emergency Watershed Protection funding received for the High Park Fire. Some discussion ensued regarding future funding and efforts for disaster relief.

 

8.         COUNTY MANAGER WORKSESSION:              Mr. Gluckman requested direction from the Board for a response to Representative DelGrosso regarding House Bill 13-1206. The Bill is concerning the expansion of a local government’s ability to enter into a business incentive agreement with a taxpayer. Some discussion ensued regarding specific language in the Bill and the Board agreed to support the Bill as a part of Colorado Counties, Inc., based on the amendments they have requested.

 

Ms. Hoffman shared with the Board details from her attendance at the City and County Managers Conference where she participated in several seminars.

 

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

 

10.       LEGAL MATTERS:  Mr. Hass joined the Board for a discussion regarding Urban Renewal Authority Loans and the Griffin vs. Capital Securities case. Some discussion ensued regarding what statute supports regarding government entities purchasing and lending money.

 

The meeting recessed at 11:05 a.m.

 

LAND USE HEARING

 

The Board of County Commissioners met at 3:00 p.m. with Matt Lafferty, Principal Planner. Chair Johnson presided and Commissioners Donnelly and Gaiter were present. Also present were: Dave Shirk, Estes Valley Planning; Traci Shambo, and Clint Jones, Engineering Department; Jeannine Haag, Deputy County Attorney; and Dana Bouchard, Deputy Clerk.

 

Chair Johnson opened the hearing with the Pledge of Allegiance.

 

1.         KENWOOD INDUSTRIAL PARK SPECIAL REVIEW:   This is a request for a development plan to allow construction of two metal buildings in the Larimer Terminals industrial area, as well as, a special review to allow vehicle storage.

 

The uses for this lot include storage of the bus fleet used in the National Park (Phase 1) and general warehousing/storage (Phases 1 & 2). Phase 1 would include construction of the western building, a 50’x170’ metal building.  The buses would be stored near the east property line, north of proposed building two.  The building would be divided into four units as shown on the building plans. Phase 2 would include construction of the eastern building, a 40’x150’ metal building. The proposed use of ‘vehicle storage’ requires special review. Special Review requires the application for the proposed special review use mitigates, to the maximum extent feasible, potential adverse impacts on nearby land uses, public facilities and services, and the environment.  This application includes requests for a waiver to the road paving requirements and reduced landscaping requirements.

 

This request was submitted to reviewing agency staff for consideration and comment. The Larimer County Engineering Department does not support the request to waive road paving standards.

 

The Estes Valley Planning Commission recommends approval of the proposed Kenwood Industrial Park Special Review 2012-07 subject to the following conditions:

 

1.   Compliance with memos from:

a.   Larimer County Engineering dated December 28, 2012.

b.   Larimer County Building dated December 14, 2012.

c.   Estes Valley Fire Protection District dated December 26, 2012.

d.   Town of Estes Park Utilities and Public Works dated December 28, 2012.

 

2.   Prior to site work, a drainage easement to account for the proposed stormwater detention facility on Lot 3A must be recorded with the Larimer County Clerk.  This easement shall be subject to review and approval of the Estes Park Community Development Department.

 

3.   Prior to issuance of a building permit, a Development Construction Permit is required from the Larimer County Engineering Department.  Construction plans must be approved by the Larimer County Engineering Department prior to such meeting.  Meeting shall be coordinated through the Estes Park Community Development Department.

 

4.   A culvert will be required below Kenwood to account for drainage. Culvert shall be included in the construction plans and the drainage report. Construction plans must account for project phasing.

 

5.   Buildings shall be a matte finish neutral color that will blend into the reclaimed quarry north of the structure.

 

6.   Applicant shall submit detailed landscaping plan two weeks prior to the County Commission hearing.

 

7.   Maintenance agreement shall be submitted for Kenwood Avenue, from the eastern limits of Lot 2A west to Elm Road, and shall include a specific maintenance schedule (e.g. frequency of blading, dust control, etc.)

 

8.   Formatting changes:

a.    Add signature blocks to the development plan page (owner, Board of County Commission).

b.    Rock and sculpture garden for building one to be installed with phase one (currently references phase 2).

c.    Ensure page number is correct.

 

Mr. Shirk briefly explained the lot layout and development plan as outlined above.

 

Ms. Shambo reviewed the Engineering departments reasons for denying the request to waive paving requirements.

 

Chair Johnson invited the applicant to speak and Douglas Klink addressed the Board regarding his request to waive the pavement requirements. He mentioned the petition that was signed by neighboring owners who supported not paving the area. He also expressed his concerns regarding who would maintain the road.

 

Some discussion ensued regarding ownership and maintenance of the road.

 

Chair Johnson opened the hearing for public comment and Lonnie Sheldon requested the Board support the decision of the Estes Valley Planning Commission and waive the pavement requirement.

 

Chair Johnson closed public comment and the commissioners all expressed their support of the Planning Commissions decision to support the Special Review and wave the pavement requirement.

 

M O T I O N

Commissioner Donnelly moved that the Board of County Commissioners approve the proposed Kenwood Industrial Park Special Review 2012-07, subject to the findings and conditions recommended by the Estes Valley Planning Commission, and authorization for the chair to sign the plat when the conditions are met and the plat is presented for signature.

 

Motion carried 3-0.

 

The hearing adjourned at 3:55 p.m.

 

 

__________________________________________

   STEVE JOHSNON, CHAIR

BOARD OF COMMISSIONERS

 

SCOTT DOYLE

CLERK AND RECORDER

 

ATTEST:

 

 

______________________________________

Dana S. Bouchard, Deputy Clerk

 

 

 

 

Background Image: Loveland Bike Trail by Sharon Veit. All rights reserved.