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> Meetings & Minutes > Commissioners' Minutes > BCC Minutes for 02/18/14  

MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

 

MONDAY, FEBRUARY 17, 2014

 

There were no meetings held on Monday due to the Presidents Day holiday.

 

TUESDAY, FEBRUARY 18, 2014

 

ADMINISTRATIVE MATTERS

 

The Board of County Commissioners met at 9:00 a.m. with Linda Hoffmann, County Manager. Chair Donnelly presided and Commissioners Gaiter and Johnson were present. Also present were: Deni LaRue, Michelle Bird, and Donna Hart, Commissioners’ Office; Matt Lafferty, Planning Department; Mark Peterson, Engineering Department; David Ayraud, Jeannine Haag, and George Hass, County Attorney’s Office; and Dana Polley, Deputy Clerk.

 

Chair Donnelly opened the meeting up to public comment giving citizens the opportunity to address the Commissioners regarding events and issues pertaining to Larimer County. Mike Prusnick and Mel Hilgenberg addressed the Board.

 

Chair Donnelly led those present in the Pledge of Allegiance.

 

1.         APPROVAL OF THE MINUTES FOR THE WEEK OF FEBRUARY 10, 2014:

 

M O T I O N

 

Commissioner Gaiter moved that the Board of County Commissioners approve the minutes for the week of February 10, 2014.

 

Motion carried 3-0.

 

2.         REVIEW OF THE SCHEDULE FOR THE WEEKS OF: FEBRUARY 24, 2014; MARCH 3, 2014; AND MARCH 10, 2014: Ms. Hart reviewed the upcoming schedules with the Board.

 

3.         CONSENT AGENDA:

 

M O T I O N

 

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

 

PETITION FOR ABATEMENT:  As recommended by the County Assessor the following petitions for abatement have been approved: Crossroads Retail LLC.

 

02182014A001           AMENDMENT TO LEASE AGREEMENT BETWEEN WATERPIK INC AND LARIMER COUNTY

 

02182014A002           BOARD OF COUNTY COMMISSIONERS LARIMER COUNTY COLORADO DEPARTMENT OF PUBLIC WORKS CONTRACT BY AND BETWEEN LARIMER COUNTY AND NEW DESIGN CONSTRUCTION COMPANY

 

02182014D001           DEED OF DEDICATION: ARTHUR J DUMONT

 

02182014D002           DEED OF DEDICATION GRANTING INTEREST IN PROPERTY AS A PUBLIC HIGHWAY PURSUANT TO C.R.S. 43-2-201 (1)(a); WEAVER RANCH, INC

 

LIQUOR LICENSES: The following liquor licenses were approved and/or issued: Swing Station – Tavern – LaPorte; Mishawaka Amphitheatre – Tavern – Bellvue; Windjammer Roadhouse and Grill – Tavern – Loveland; Westlake Liquor – Retail Liquor Store – Red Feather Lakes; and Hideout Patio Restaurant & Bar – Change of Trade Name – Fort Collins.

 

Motion carried 3-0.

 

4.         ALLOCATION OF COUNTY FUNDS TO SUPPORT SEPARATE FLOOD REHABILITATION MASTER PLANNING EFFORTS FOR THE BIG THOMPSON RIVER AND LITTLE THOMPSON RIVER:   Mr. Peterson and Mr. Lafferty requested the Board approve the allocation of County funds to support separate flood rehabilitation master planning efforts for the Big Thompson River and Little Thompson River. Some discussion continued regarding the specifics of the coalitions and the projects.

 

M O T I O N

 

Commissioner Gaiter moved that the Board of County Commissioners:

 

1)   Approve $25,000 in County funding identified for flood recovery efforts – specifically from funding identified for floodplain and river planning activities – to be provided to the Big Thompson River Restoration master planning.

 

2)   Approve $25,000 in County funding to the Little Thompson Watershed Restoration Coalition for use in funding of river restoration master planning contingent of having a voting representative on the Board.

 

Motion carried 3-0.

5.         RECOMMENDED APPOINTMENTS TO LARIMER COUNTY PUBLIC IMPROVEMENT DISTRICTS (PID): Ms. Bird presented the following recommendations for appointments to Boards and Commissions, and requested approval of the same:

 

PID #45 Willows: Ryan Liebl and Michael Mroz appointed for a 4-year term beginning February 18, 2014, and expiring November 30, 2017. Andrew Hamrick appointed for a 2-year term beginning February 18, 2014, and expiring November 30, 2015.

 

PID #55 Storm Mountain: Jim Eccleston, Gary Kubinak, and David Maslowski appointed for a 4-year term beginning February 18, 2014, and expiring November 30, 2017. Jim Egan and Mary Hill appointed for a 2-year term beginning February 18, 2014, and expiring November 30, 2015.

 

PID #56 Boyd’s West: Greg Nielsen and Edward Norman appointed for a 4-year term beginning February 18, 2014, and expiring November 30, 2017.

 

M O T I O N

 

Commissioner Johnson moved that the Board of County Commissioners approve the recommended appointments to Larimer County Public Improvement Districts as listed above.

 

Motion carried 3-0.

 

6.         COUNTY MANAGER WORKSESSION:  Ms. Hoffmann said she will be attending the Colorado City and County Management Association conference this week. She also mentioned that she will be taking over as the Regional Representative for the Colorado County Managers Board.

 

7.         COMMISSIONER ACTIVITY REPORTS:  The Board reviewed their activities during the previous week.

 

8.         LEGAL MATTERS:  Mr. Ayraud and Mr. Hass requested that the Board go into executive session to discuss two separate issues: first, a personnel matter regarding  a complaint from the Citizen Review Panel, and second, regarding the YMCA Tax Exemption Case.

 

M O T I O N

 

Commissioner Johnson moved that the Board of County Commissioners go into executive session for personnel matters, as outlined in 24-6-402 (4)(f) C.R.S. and for conferences with an attorney 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 came out of executive session at 11:05 p.m., with no further action taken.

 

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: Karin Madson, Planning Department; Clint Jones and Eric Tracey, Engineering Department; Doug Ryan, Health and Environment Department; Jeannine Haag, County Attorney’s Office; and Dana Polley, Deputy Clerk.

 

Chair Donnelly opened the hearing with the Pledge of Allegiance. He then noted that the following  items were listed on the consent agenda and would not be discussed unless requested to do so by the Board, staff, or members of the audience.

 

A member of the audience, Curt Gleaves from the Estes Valley Land Trust, requested that  item #1 on the consent agenda, North End Ranches Amended Plat, Lot 1, be removed and discussed in a full hearing. The following items were left on consent:

 

2.         MEADOWLARK RIDGE CD AGREEMENT AMENDMENT & EXTENSION TO COMPLETION DATE, FILE #04-S2268: This is a request to extend the Development Agreement to include an extension to the completion date from December 31, 2013, until June 30, 2014.

 

The Final Plat for the Meadowlark Ridge Conservation Development was recorded on June 17, 2009.  The Development Agreement for the property included a completion date of June 1, 2011.  An amendment to the Development Agreement was approved by the Board of County Commissioners on August 23, 2011, extending the completion date until June 1, 2013.  A second amendment was approved on October 14, 2013, extending the completion date until December 31, 2013.  That completion date has again passed and the improvements for the development are not yet completed.  The collateral for the project expires on March 3, 2014.

 

The Developer has requested a third extension to the completion date for an additional 6 months, noting that they are still in the process of finalizing the project and there are some punch list items that can not be completed until spring.  Staff supports this request so that the improvements can be installed and the development finally completed.   

 

The other lot owners previously expressed concern that they were being held up due to the fact that the improvements were not completed as scheduled.  They are now able to obtain building permits while the last items are being completed.

 

Staff recommends that the Board of County Commissioners approve an amendment to the Meadowlark Ridge Conservation Development (file #04-S2268) to include a 6 month extension to the completion date, with the following conditions:

 

1.   The third amendment to the Development Agreement for the development shall be amended and recorded by March 3, 2014.  The Development Agreement 3rd amendment shall include a completion date no later than June 30, 2014.

 

2.   The collateral for the development shall be extended until at least August 31, 2014.  This collateral may be reduced to 15% of the original collateral plus an approved amount to cover the remaining punch list items. The applicant shall submit a revised estimate of costs prior to March 3, 2014.  The revised estimate will need to be reviewed and approved by the Engineering Department. 

 

3.         BREWSTER APPEAL, FILE #14-PSP0053:  This is a request to appeal to Section 4.3.10.H.2.c. to allow a detached Accessory Living Area to be 594 square feet rather than the allowed 543 square feet.

 

The ALA regulations allow the accessory unit to be up to 800 square feet or 40% of the main house square footage exclusive of basements and garages.  The existing residence on the property is 1358 square feet. The proposed accessory living area will be located within a proposed storage building.  The applicant has indicated that the dwelling will be occupied by his mother-in-law.   The Public Site Plan review portion of this application was processed administratively and approved by the Community Development Director on Feb. 5, 2014.   This application is for the size appeal only.

 

Based on staff findings their recommendation is to approve the Brewster Appeal File #14-PSP0053.

 

4.         MEADOWS WATER TRANSMISSION LINE REPLACEMENT & BANK STABILIZATION FLOOD PLAIN SPECIAL REVIEW:  This is a request to allow the construction of a 48 inch Water Transmission Line and Bank Stabilization within the Flood Fringe and Floodway Overlay Zone Districts.

 

The City of Loveland Water & Power Department is requesting approval of a Floodplain Special Review to allow construction of a 48 inch water transmission line that will replace the 24 inch and 36 inch lines that were destroyed in the September 2013 flood event. They are also requesting approval to stabilize the bank that was eroded during the same event. This work is taking place in portions of the floodway and floodfringe overlay zones of the Big Thompson 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 for a transmission line within these zones.

 

Based on their findings staff recommends approval of the Meadows Water Transmission Line Replacement and Bank Stabilization Floodplain Special Review.

 

M O T I O N

 

Commissioner Gaiter moved that the Board of County Commissioners approve items #2, 3 & 4 on the consent agenda as outlined above.

 

Motion carried 3-0.

 

1.         NORTH END RANCHES AMENDED PLAT, LOT 1:   This is a request to Adjust the interior lot line between two existing parcels.  The purpose of the amended plat is to adjust lot sizes to bring one of the lots into compliance with the Larimer County Comprehensive Zoning Resolution enacted in 1963.  No new lots are being created, but Lot 1A will become a buildable lot. 

 

Based on staff findings they suggest approval of the proposed Amended Plat of Lot 1, North End Ranches with the findings and conditions recommended  by the planning commission.

 

Phil Kleisler from the Estes Park Planning Department briefly presented the application submitted for this request.

 

Some discussion followed regarding specific details of the lots.

 

Chair Donnelly opened up the hearing to the applicant and Mr. Bley addressed the Board and briefly reviewed the history of the property.

 

Chair Donnelly then opened up the hearing to public comment and Curt Gleaves from the Estes Valley Land Trust spoke on behalf of the Trust’s concerns with this application and requested the Board deny approval.

 

Chair Donnelly opened the hearing up to the applicant for final comments. Mr. Bley stated that the Conservation Easement could be amended.

 

Some discussion ensued and Chair Donnelly expressed his hesitation with granting this lot adjustment because it directly violates the Conservation Easement which already exists on the property.

 

Commissioners Johnson and Gaiter both expressed their opinion to support staff’s recommendation to approve this application. They felt any decision regarding the Conservation Easement was out of their scope.

 

M O T I O N

 

Commissioner Johnson moved that the Board of County Commissioners approve the proposed Amended Plat of Lot 1, North End Ranches with the findings and conditions recommended by the Planning Commission.

 

Motion carried 2-1, Chair Donnelly dissenting.

 

The hearing adjourned at 3:50 p.m.

 

 

_______________________________

 TOM DONNELLY

BOARD OF COMMISSIONERS

 

 

 

 

 

 

ANGELA MYERS

CLERK AND RECORDER

 

ATTEST:

 

 

__________________________________________

Dana S. Polley, Deputy Clerk

 

 

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