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MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

 

 

MONDAY, MAY 6, 2013

 

LAND USE HEARING

 

The Board of County Commissioners met at 3:00 p.m. with Matt Lafferty, Principal Planner. Chair Johnson presided and Commissioner Donnelly was present. Also present were:  Doug Ryan, Environmental Health Department; Eric Tracy, Engineering Department; Jeannine Haag, County Attorney; and Melissa Lohry, Deputy Clerk.

 

Chair Johnson opened the hearing with the Pledge of Allegiance.

 

1.         SHAFFER/DRAKE CAMPGROUND FLOODPLAIN SPECIAL REVIEW (TABLED FROM FEBRUARY 25, 2013):   This is a request to allow a campground to operate within the Flood Fringe and Floodway Overlay Zone Districts. In 1981, the subject property was subdivided into two parcels, (Parcel A and Parcel B, conditioned on the property being used for residential use only. As a result of the residential use only restriction, any legal non-conforming use of the property for a campground ceased. Please see the attached timeline.

 

On January 18, 2012, the County terminated the restriction limiting the property to residential use only so the owner could pursue approval of the campground through the Special Review and Floodplain Special Review processes. On May 29, 2012, the County Commissioners entered into an agreement with the owners of the subject property to allow them to use the property for a campground through and including May 31, 2015, provided that the owner submits an application for Special Review and Floodplain Special Review on or before September 28, 2012. The applicant must obtain Special Review approval and Floodplain Special Review approval on or before May 31, 2015, or they have agreed to immediately cease all use of the property for a campground. Please see the attached agreement.

 

The applicant has submitted an application for a Floodplain Special Review requesting to allow a campground to operate within the Floodfringe and Floodway Overlay Zone Districts and proposing to mitigate the risk of a hazardous flood condition by implementing a Flood Early Warning System. This proposed system includes registration with Larimer Emergency Telephone Authority (LETA) 911, an air raid siren, a warning sign in the campground and a notification form for the campers.

 

Flash flooding has occurred several times in the vicinity of the site. A Special Floodplain Information Report (December 1976) prepared after the Big Thompson Flood summarizes the past flood record and describes the characteristic of each flood event. Please see the attached selections from this report. This report states, “The confined and hydraulically steep channel characteristic of the Big Thompson River above the canyon mouth, will sustain hazardous velocities throughout the canyon bottom for major flood events,” The FEMA Flood Insurance Rate Map, Panel # 06069C1137F shows this area being within the limits of the 100-year floodplain (1% annual exceedance probability).

 

An email from Lieutenant Pat Mialy with the Loveland Fire Rescue Authority summarizes the action plan if a major storm were to occur in the canyon. According to the action plan, there are many steps required and decisions to be made by emergency personnel to activate the warning and dispatch emergency services. The activation of the proposed air raid siren on the subject parcel is also not automatic, but will rely on human activation.

 

This application was presented to the Larimer County Flood Review Board on January 24, 2013. The attached draft minutes summarize the discussion during the meeting. The attached minutes have not yet been approved by the board as they will be presented for approval during the next scheduled meeting. The Larimer County Flood Review Board reviewed the application and review criteria and found that the current application does not meet the review criteria. The Larimer County Flood Review Board recommended denial of the Floodplain Special Review by a 3-0 vote.

 

There was a lengthy discussion regarding the inadequacy of the existing flood warning system throughout the Big Thompson Canyon. The Larimer County Flood Review Board agrees that there should be a better rain and stream gage network to support warning and notification of people in the event of a flood. This topic will probably be discussed by the applicants engineer during the hearing.

 

Chair Johnson opened the hearing to the applicant and Florian Fiebig, engineer for the applicant, addressed the Board.

 

Some discussion ensued regarding the proposed sirens and Mr. Fiebig assured the Board that any deviations from the proposal would provide more extensive coverage.

 

Some discussion ensued between the Board and staff regarding the requirements of the warning sirens.

 

Chair Johnson opened the hearing to the public. Daryl Davis addressed the Board and noted that he frequently sells firewood to the campground and does not believe the location to be dangerous. Mr. Daryl also inquired about an adjacent campground and the safety of its location.

 

There being no other public present, Chair Johnson closed the hearing to public comment.

 

Commissioner Donnelly noted that he has supported the application from its inception and would continue to do so.

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners approve the application as presented, or with improved warning sirens, in the Shaffer/Drake Campground Floodplain Special Review.

 

Motion carried 2-0.

 

There being no further business, the hearing adjourned at 3:30 p.m.

 

TUESDAY, MAY 7, 2013   

 

ADMINISTRATIVE MATTERS

 

The Board of County Commissioners met at 9:00 a.m. with County Manager Linda Hoffman. Chair Johnson presided, and Commissioners Donnelly and Gaiter were present. Also present were: Neil Gluckman, Assistant County Manager, Donna Hart, Deni LaRue and Suzanne Bassinger, Commissioners’ Office, Rusty McDaniel and Mark Peterson, Engineering Department, and Dana Bouchard, Deputy Clerk.

 

Chair Johnson opened the meeting with the pledge of allegiance.

 

1.         PUBLIC COMMENT: Mike Pruznick expressed his concerns regarding poor management of the Fort Collins mall financing issue. He detailed further action which he believed could be taken and requested the Board help in forming coalitions and changing the laws.

 

Eric Sutherland spoke about his opposition to Senate Bill 252 regarding renewable portfolio standard for rural electrics. He feels this is a bad regulatory mechanism for electric utilities. He also expressed his opinion of the outdated structure of the City of Fort Collins government and charter which is detrimental to the citizens specifically regarding tax increases related to the Foothills Mall project.

 

Mel Hilgenberg commented on revenue management and leadership within the County. He mentioned several examples, including setting up recreational marijuana retail stores, oil and gas development, tax increment financing, utilization of the Citizen Advisory Committee, collection of retail sales tax on internet sales, water storage, and recycling for energy opportunities.   

 

2.         APPROVAL OF THE MINUTES FOR THE WEEK OF APRIL 29, 2013:

 

M O T I O N

 

Commissioner Gaiter moved that the Board of County Commissioners approve the minutes for the week of April 29, 2013.

 

Motion carried 3-0.

 

3.         REVIEW OF THE SCHEDULE FOR THE WEEK OF MAY 13, 2013 : Ms. Hart reviewed the upcoming schedule with the Board.

 

4.         CONSENT AGENDA:

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners approve the following items on the consent agenda, as listed below:

 

05072013R001           FINDINGS AND RESOLUTION APPROVING AMENDMENT TO THE HOME TO HEAVEN MINOR SPECIAL REVIEW

 

MISCELLANEOUS : Recommended mid-term appointment of Michael W. Morton to GID #32 Charles Heights beginning May 7, 2013, and ending November 30, 2013; Recommended appointment of Sherri Jernigan to the Fair Board beginning May 7, 2013, and ending November 30, 2015; Letter of Understanding between the County and County Manager to clarify method of satisfying section of employment agreement detailing retirement benefits.

 

LIQUOR LICENSES: The following licenses were approved and issued: Glen Haven Inn – Hotel and Restaurant – Glen Haven; The Baldpate Inn – Hotel and Restaurant – Estes Park; Carter Lake Sailing Club – 3.2% – Loveland. The following license was approved and temporarily issued: Hacienda Real – Hotel and Restaurant – Fort Collins.

 

Motion carried 3-0.

 

5.         POST HIGH PARK FIRE FLOOD MITIGATION PROJECTS : Mr. McDaniel, Mr. Peterson, and Ms. Bassinger addressed the Board regarding the problems that have resulted from the fire and the rain run-off this season. Mr. McDaniel explained that the County has several flood protection projects in place; however, they have identified more projects to be implemented and requested approval for additional funding. Some discussion ensued regarding the specific projects.

 

M O T I O N

 

Commissioner Gaiter moved that the Board of County Commissioners approve expenditure of up to $367,025 in County General Funds and $50,000 from the Fire Fund to undertake the post-High Park fire flood mitigation projects discussed today and at the County Commissioners’ April 30, 2013, worksession with the Engineering Department.

 

Motion carried 3-0.

 

6.         APPOINTMENT OF THE CLERK AND RECORDER: Chair Johnson announced that Angela Myers was chosen by the Commissioners to fill the appointment of Clerk and Recorder. The Board interviewed five candidates and determined Ms. Myers to be most competent for the job.

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners approve the appointment of Angela Myers as the Clerk and Recorder to complete the remainder of term vacated by Scott Doyle.

 

Motion carried 3-0.

 

7.         CONSIDERATION OF RESOLUTION REGARDING CITY OF FORT COLLINS FOOTHILLS MALL TAX INCREMENT FINANCING: Commissioner Gaiter read the resolution aloud, briefly commented on the County’s support of this project, and their desire to collaborate with the City of Fort Collins to use tax increment financing in a way that allows progress. Chair Johnson also commented that many City Council members want to collaborate with the County, even though the law does not require it; however, City staff has not been receptive to input from other government entities which is worrisome and frustrating. 

 

M O T I O N  

 

Commissioner Gaiter moved that the Board of County Commissioners approve the resolution.

 

Motion carried 3-0.

 

05072013R002           RESOLUTION REGARDING CITY OF FORT COLLINS FOOTHILLS MALL TAX INCREMENT FINANCING         

 

8.         LARIMER COUNTY VISION AND GOALS: Mr. Gluckman and Ms. LaRue presented the new vision statement and goals for Larimer County to the Board. Some discussion followed regarding positive language in the vision and goals.

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners approve the Larimer County Vision and Goals document.

 

Motion carried 3-0.

 

Chair Johnson requested Mr. Gluckman address the next steps for rolling out the new vision statement. Mr. Gluckman explained that there will be work groups created throughout the County that will have measurable objectives.

 

9.         COUNTY MANAGER WORKSESSION:  Ms. Hoffman mentioned her recent meeting with the Senior Management Team where they discussed forward thinking opportunities despite resource constraints.

 

Commissioner Donnelly requested an update on the downtown Loveland Urban Renewal Authority (URA) and Ms. Hoffman explained that the County is working with City staff on projects and the County will contribute a portion of property taxes while the City will contribute a portion of sales tax.

 

10.       COMMISSIONER ACTIVITY REPORTS: The Board reviewed their activities at events during the past week.

 

11.       LEGAL MATTERS: There were no legal matters to discuss

 

There being no further business, the meeting adjourned at 10:30 a.m.

 

 

THURSDAY, MAY 9, 2013

 

ASSESSMENT HEARING FOR

RIVER GLEN LOCAL IMPROVEMENT DISTRICT (LID) 2012-1

 

The Board of County Commissioners met at 3:15 p.m. to consider assessments for River Glen LID. Chair Johnson presided, and Commissioners Donnelly and Gaiter were present. Also present were: Ed Schemm, Environmental Health Department; Linda Sanders, Engineering Department; Julie Stapp, and Helen Stone, homeowners in the River Glen Subdivision;  and Gael Cookman, Deputy Clerk.

 

Mr. Schemm and Ms. Sanders explained that purpose of this hearing was to approve the assessments for the direct loan and the whole cost of the improvements for the district.  Ms. Sanders noted that there are 86 assessment units in the district, each responsible for $14,276 in assessments.  She noted that the money can be paid in full, interest free, or paid in installments with interest and a collection fee to the County Treasurer.  Some discussion ensued.

 

Under public comment, Ms. Stapp thanked the Commissioners and staff for their time and effort in this project, as it is very important and they will now be able to afford the necessary improvements for their community.

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners approve the whole cost of the improvements to be made in Larimer County Local Improvement District #2012-1 (River Glen); approving and confirming the apportionment of said cost to each lot or tract of land in the district; assessing a share of said cost against each lot or tract of land in the district; and prescribing the manner for the collection and payment of said assessments.

 

Motion carried 3-0.

 

05092013R001           RESOLUTION APPROVING THE APPROVE THE WHOLE COST OF THE IMPROVEMENTS TO BE MADE IN LARIMER COUNTY LOCAL IMPROVEMENT DISTRICT #2012-1 (RIVER GLEN); APPROVING AND CONFIRMING THE APPORTIONMENT OF SAID COST TO EACH LOT OR TRACT OF LAND IN THE DISTRICT; ASSESSING A SHARE OF SAID COST AGAINST EACH LOT OR TRACT OF LAND IN THE DISTRICT; AND PRESCRIBING THE MANNER FOR THE COLLECTION AND PAYMENT OF SAID ASSESSMENTS.

 

 

The hearing adjourned at 3:30 p.m.

 

__________________________________________

   STEVE JOHSNON, CHAIR

BOARD OF COMMISSIONERS

 

SCOTT DOYLE

CLERK AND RECORDER

 

ATTEST:

 

______________________________________

Dana S. Bouchard, Deputy Clerk

 

 

______________________________________

Melissa E. Lohry, Deputy Clerk

 

 

______________________________________

Gael M. Cookman, Deputy Clerk

 

 

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