> Meetings & Minutes > Commissioners' Minutes > BCC Minutes for 03/10/14  

MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

 

 

Monday, March 10, 2014

 

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: Brenda Gimeson and Rob Helmick, Planning Department; Clint Jones, 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, and explained that there were three items on the consent agenda that would not be discussed unless requested by the Board, staff, or members of the audience.

 

Mr. Lafferty requested to amend a few items on the consent agenda. Regarding item #1, Heron’s Hill Subdivision Time Extension, File #12-S3131, he requested to amend the extension period from one-year to two-years. Regarding item #2, Saddle Ridge Planned Unit Development Amended Condition File #14-S3206, Mr. Lafferty stated that staff received two letters from neighbors concerned that gas line sales will increase if this item is approved. Mr. Lafferty explained that this approval is only to determine if gas line sales can be a part of the use for this property and that any specific approvals regarding gas line sales will need to go through a site plan approval later. Finally, Mr. Lafferty asked to move item #4, Willowbrook Ranch Rural Land Use Plan, File #14-S3200, onto the consent agenda based on the fact that the applicant and staff have come to an agreement regarding any outstanding issues.

 

The Board clarified that the approval of item #2 on the consent agenda would still require an additional site plan approval before gas line sales could occur, in which neighbor concerns would be reviewed. Staff confirmed this.

 

1.         HERON’S HILL SUBDIVISION TIME EXTENSION, FILE #12-S3131:   This is a request for a two-year time extension for a Preliminary Plat for a subdivision of 47.6 acres into three lots, 2 of 10 acres and one of 27.6 acres, including appeals to the 8.14.1.M public roads; 8.14.1.R, connectivity; 8.14.7.P access; and 8.14.2 flag lot standards.

 

The applicant received approval of the Preliminary Plat for this three lot Subdivision on January 28, 2013, with a Findings and Resolution date of March 19, 2013.  Since that time, no application for Final Plat has been submitted.  The Larimer County Land Use Code provides for an applicant to request an extension of the Preliminary Plat approval (Code language below); the applicant is requesting the Board of County Commissioners grant a two-year extension.

 

Based on the review criteria, staff finds the request appropriate given that the neighborhood is unchanged in the past year, no significant Code changes have occurred which would affect this request, and the current market is such that pursuing the Final Plat at this time is not warranted.  Staff further believes that given the economy the extension should be granted for two-years rather than the one-year standard.

 

Staff recommends approval of the Heron’s Hill Subdivision Time Extension File #12-S3131, subject to the following conditions:

 

1.   A complete Final Plat application is submitted no later than March 10, 2016.

 

2.   All original conditions of approval shall remain in force and effect. 

 

2.         SADDLE RIDGE PLANNED UNIT DEVELOPMENT AMENDED CONDITION FILE #14-G0260: This is a request for an amendment to the conditions of approval of the Saddle Ridge Acres PUD to allow petroleum sales as a function of a retail use (convenience store) on the southeast portion of the property, which is identified as Lots 3-A on the Saddle Ridge Acres PUD Final Plat.

 

The applicant proposes to amend the conditions of approval for the Saddle Ridge Acres PUD to allow petroleum sales as an accessory function of a retail use (convenience store).  The location of the use if allowed would be in the southeasterly portion of the property, which is identified as Lots 3-A on the Saddle Ridge Acres Final Plat.  This property is bounded on the south by Highway 60 and the east by Highway 287.  Residential uses exist along the north and west boundaries of the development site.  However, these residential uses are visually separated from the proposed use by existing commercial buildings.

 

The Saddle Ridge Acres PUD was approved in 1997 as an office park/retail commercial site consisting of 6 building sites.  Since the original approval only three buildings have been constructed (Lots 1-A, 1-B and 2-A).  Of the three remaining building sites, two (Lots 3-A and 3-B) have been approved for reconfiguration into at least seven smaller building pads for commercial uses such as retail, general commercial, and restaurants; however, the modification has not yet been realized because users of the building pads have not been identified. It is in the aforementioned portion of the property that the proposed change is being requested in an effort to accommodate a convenience store operator that offers gasoline sales as a function of their operations.

 

When approved in 1997, the PUD allowed for mixed uses that were defined by the application materials with some limitations that restricted uses of portions of the site to some of the allowed uses in the B-Business zone district.  Some of the uses not allowed included automobile repair stations and gasoline service stations, which the latter applied to the dispensing of petroleum products.  These restrictions were primarily the limited awareness of the future of the area as it was at the fringes of the Loveland Growth Management Area and along a rural section of Highway 287 that was underdeveloped for higher intensity commercial uses.  However, much has changed in this area, primarily the reconstruction of Highway 287 as a four lane roadway that is now a major north south transportation route between Loveland and Longmont.  Furthermore, planned development in the area has extended in to this region of the Loveland GMA and such planned development will rely on convenient services for which this site will be able to provide for. Finally, other portions of the site have been developed and act as a buffer between the existing residential uses and the proposed use, thereby minimizing impacts to those residents from higher intensity uses.

 

Should the Board of County Commissioners approve the proposed amendment an application for Site Plan review will be required for the site design.  The Site plan review will need to address technical concerns from referral agencies and departments regarding site development standards and requirements.

 

Based on the review criteria, staff recommends approval of the amendment to the Saddle Ridge Acres PUD Conditions of Approval, File #14-G0260, subject to the following condition:

           

1.   Petroleum sales shall be considered as an allowed extension of a retail convenience store, but such use shall be confined to the southeast reaches of the Saddle Ridge Acres PUD, which is identified as Lots 3-A.

 

3.         GLACIER VIEW MEADOWS FILING LOTS 190 & 191 LOT CONSOLIDATION, FILE #14-S3206:   This is a request for a Lot Consolidation to combine Lots 190 and 191 of the Glacier View Meadows 12th Filing into one lot.  If approved, the recording instrument for this application will be a Findings and Resolution from the Board of County Commissioners.

 

One lot currently accesses Mt. McConnell Drive and the other Mt. Audabon Drive.  Once combined, they will take access from Mt. McConnell Drive.  Both lots are owned by the same people.  There is currently no single-family residence on the property but there is a small shed.  The land suffered major damage in the 2012 High Park Fire.

 

Based on the review criteria, staff finds that the proposed Glacier View Meadows 12th Filing Lot Consolidation for Lots 190 and 191 will not adversely affect any neighboring properties or any County agency.  The Lot Consolidation will not result in any additional lots and no other services will be affected.  The staff finds that the request meets the requirements of the Larimer County Land Use Code.

 

Therefore, staff recommends approval of the Lot Consolidation for the Glacier View Meadows 12th Filing Lots 190 and 191 Lot Consolidation, File #14-S3206, subject to the following conditions:

 

1.   All conditions shall be met and the final resolution of the County Commissioners recorded by September 10, 2014, 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.

 

4.         WILLOWBROOK RANCH RURAL LAND USE PLAN, FILE #14-S3200:   This is a request to divide 317.45 acres of land into eighteen single-family residential lots ranging in size from 4-8 acres and two Residual Lots consisting of about 212 acres that will be protected from any further development in perpetuity by an approved conservation mechanism, as required under the Rural Land Use Process (RLUP).

 

The property is located in Section 16, Township 8 North, Range 69 West of the 6th P.M., Larimer County, Colorado; generally located northeast of LaPorte and northwest of Fort Collins off of County Road 19 and County Road 56 at Curtis Lake Lane.  The property is approximately 317 acres in size and is currently being used for dry grazing land.  The property is subject to an existing dry up covenant that removed the ability for irrigation of the property.  The property has split zoning and is zoned O-Open and RE-Rural Estate.  The surrounding properties consist of a variety of parcel sizes ranging from 4-acre lots to larger agricultural parcels.  Many of the surrounding properties are 35-acre parcels with several Minor Land Divisions and subdivisions in the area. 

 

The property proposed for the Willowbrook Ranch Rural Land Plan (RLUP) is made up of nine 35-acre parcels that are part of the Boettcher Farms property previously owned by the Holcim Cement Plant and divided and auctioned off into 35-acre parcels.   This property is located in the LaPorte Area Plan and the future land use is designated as Residential with 1 unit per 10-35 acres.  The LaPorte Area Advisory Committee reviewed the proposal and found the request is generally consistent with the Plan and made some recommendations. 

 

This same property, in December 2009, received approval for a 31-lot subdivision called the Lake at Bighorn Conservation Development (CD).  This conservation development was granted a time extension allowing final plat submittal to be extended to January 14, 2015.  This approval remains in place to date.  The applicant is in the process of purchasing the property and wishes to propose a RLUP development instead of moving forward with the Lake at Bighorn approval.  If this RLUP proposal is approved, it would take the place of the Lake at Bighorn CD.  If this is RLUP does not receive approval, the applicant may continue to work with the Planning Department on the Lake at Big Horn CD approval. 

 

The proposal for the Willowbrook Ranch RLUP is to divide the 317.45 acres of land into eighteen single-family residential lots (ranging in size from 4-8 acres ) located on about 105 acres and two Residual Lots consisting of about 212-acres that will be protected from further development in perpetuity by a conservation mechanism, as required under the RLUP.  No single-family dwelling is proposed for the larger residual lot that will remain agricultural grazing land.  There are some existing agricultural buildings on the larger residual lot in which a building envelope will be placed and used only for agricultural support buildings.  The smallest residual lot/outlot is proposed to be an area used by the homeowners as a possible community outdoor riding arena.  Additionally, the proposal includes a small building envelope near Curtis Lake for a future pavilion or picnic area to be utilized by the residents, and a proposed trail system for walking, riding horses, etc. for the residents of the development.  The proposed density of the Willowbrook Ranch RLUP, with one unit per 17.64 acres, appears to be compatible with the neighborhood. 

 

The owners of the residual land parcels will be responsible for maintaining the residual land and for providing a periodic monitoring report(s) to the County.  Two access points to the Willowbrook Ranch RLUP are proposed—one from County Road 19 and the other from an existing access road named Curtis Lake Lane.  A new looped road will provide access to most of the lots but three of the lots will access the existing private road, Curtis Lake Lane. Because Rural Land Plans are approved based on a concept design, if access is found to not be acceptable from Curtis Lake Lane for any reason, the plan may be modified so all lots could access the new looped road as long as the cluster remains in the same general location.  The applicant has requested all roads remain private roads.  All streets within the development will be constructed to Rural Land Use standards per Section 5.8.6 of the Larimer County Land Use Code.  Additional right-of-way, if necessary, will be dedicated with the final plat for County Road 19 as it abuts the property. Water to all the home sites will be provided by Northern Colorado Water Association and each lot will have its own septic system. 

 

A neighborhood meeting was held on February 10, 2014, at the Larimer County Courthouse Offices building.  Approximately 15 area residents attended.  Although there were several in attendance that support the project, there were concerns expressed about the following items: drainage into the wetlands caused by the additional roads and homes and the chemicals that homeowners use, the lack of detail that is being provided regarding homeowners covenants, particularly about the number of outbuildings allowed, types of animals, exterior storage, size of homes—normal covenant items, the use and ownership of the residual land, fencing of the property, wildlife disturbance and recreational rights to the lake, and additional traffic on County Road 19.  (Please see the attached list of questions and answers from the neighborhood meeting.) 

 

Referral agency comments were also solicited from 12 agencies. Comments were received from 7 of those agencies and are attached.  Representatives from the County Engineering Department, County Health and Environment Department, and Rural Land Use Advisory Board have visited the site and have consulted with the Rural Land Use Center during the conceptual design phase.

 

Based on the review criteria, staff finds this proposal is consistent with the policies of Section 5.8—Rural Land Use Process of the Larimer County Land Use Code:

 

Support for the Willowbrook Ranch Preliminary Rural Land Plan is based on the following:

 

1.   This proposal supports conservation values, including the preservation of at least 212 acres of residual lands with protection from further development in perpetuity. 

 

2.   The plan is generally compatible with the existing neighboring land uses and includes sufficient buffers from defined wetland areas.

 

3.   The proposal supports the continued use of the ranching in the area and preserves the agricultural resource.

 

4.   This proposal is for fewer home sites than have been approved through the Lake at Big Horn Conservation Development with placement of those home sites on more appropriate soils for septic systems.

 

Support for this proposed plan considers other development options, particularly the greater number of residential units possible under the zoning. The desirability of property that creates development pressure within the area supports the finding that this is an appropriate project.

 

As proposed, this project will also provide long-term benefits to citizens of Larimer County:

 

1.   Protection of existing rural open lands.

 

2.   Transportation capital expansion fees received from the project.

 

3.   School and park fees received from the project.

 

4.   Fewer residences than allowed through existing zoning.

 

5.   Ability to influence design of project, as compared to use-by-right division of property into 35-acre parcels.

 

Staff recommends that the Board of County Commissioners approve the Willowbrook Ranch Rural Land Plan, File #14-S3200.  The following contingencies must be met prior to approval of final plat by the Board of County Commissioners:

 

1.   The Final Plat shall be consistent with the approved preliminary plan and with the information contained in the Willowbrook Ranch Rural Land Plan, File #14-S3200 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 Willowbrook Ranch Rural Land Plan.

 

2.   Public water shall be provided for this project.  A letter of commitment from the water provider must be provided prior to final plat approval.  This letter of commitment must specifically state that the water distribution system is (or will be) designed to meet the normal and minimum pressure design standards contained in Section 8.1.2.A.1 of the Land Use Code or more stringent standards as required by the District.  If the water system will be designed to provide fire protection, the letter of commitment also must address the pressure and delivery standards outlined in Section 8.1.4 of the Land Use Code.

 

3.   Before final plat approval, the applicant must submit acceptable documentation of legal access to Curtis Lake Lane with the ability to create additional lots that access that lane.

 

4.   All roads constructed within the Rural Land Plan shall be in accordance with Section 5.8.6.D of the Rural Land Use Process.  Before final approval, all designs must be prepared, stamped and certified by a qualified professional engineer licensed in the State of Colorado that design standards in 5.8.6.D. were followed.

 

5.   Applicant must obtain an access permit from the Larimer County Access Coordinator prior to commencing any construction on the project.  Before designing roads, applicant and applicant's engineer must contact the Larimer County Access Coordinator to discuss access design requirements.  Applicant shall comply with all such design requirements. Applicant's plans must be prepared and stamped by a qualified professional engineer licensed in the State of Colorado and certified that they meet the access design requirements.

 

6.   Internal roads shall be dedicated to the public.  The owners shall dedicate a 50-foot half right-of-way along Larimer County Road 19 and a 35-foot half right-of-way along Curtis Lake Lane if accessed for this project.  This dedication shall be shown on the final plat.  Road names and addressing shall meet standards in the “Road Naming and Site Addressing System Resolution”.

 

7.   If fences are currently located in the dedicated right-of-way, applicants shall enter into a binding fence removal agreement with the County which, at the request of the County, shall obligate the owners to remove, at their expense, the existing fences in the dedicated half right-of-way.  No new fences or buildings shall be allowed in the half right-of-way; however repair and maintenance of existing fences shall be allowed.  The fence removal agreement shall be reviewed and approved by the County Attorney. 

 

8.   Applicant must provide a storm water management report that addresses storm water quantity and investigates the need for best management practices to control non-point source run-off to the Community Development Division prior to final plat approval.  Before designing storm water drainage facilities, applicant and applicant's engineer must contact the Larimer County Engineering department to discuss storm water management design requirements.  Applicant shall comply with all such design requirements.  Applicant's plans must be prepared and stamped by a qualified professional engineer licensed in the State of Colorado and certified that they meet the storm water management design requirements.

 

9.   Applicant must verify and provide for the existing easements of record for Water Supply and Storage on the final plat.

 

10.   Automatic fire protection sprinklers will be required for all new residential structures or written permission to deviate from this requirement must be provided from the fire district.

 

11.   Applicants must apply for and be approved to rezone any residential lots with split zoning to RE-Rural Estate.  Such rezoning would be effective only upon execution of the RLUP Final Plat by the Board of County Commissioners.

 

12.   On the date on which the Final Plat is signed by the Board of County Commissioners, the Conservation Development approval for the Lake at Big Horn Conservation Development (File # 08-S2776) is terminated, void and no further in effect.  A notice of revocation of the CD shall be prepared at the time of final plat approval.

 

13.   The residual land management plan must be reviewed and approved by Rural Land Staff prior to final plat approval.  The management plan must address the management of the property and include a section on livestock management, including horses, and trail management. 

 

14.   The residual land protective covenant and final development agreement must be reviewed and approved by the County Attorney and the Rural Land Staff prior to final plat approval.

 

15.   Restrictive covenants, including provisions for internal road maintenance, small acreage management, architectural guidelines, and other requirements must be reviewed and approved by the Rural Land Staff prior to final plat approval. OR at minimum, a Road Maintenance Agreement must be submitted and reviewed and approved by the County Attorney and Rural Land Staff prior to final plat approval. 

 

16.   A Lot Sale Prohibition shall be placed on this property preventing the sale of any new lots until the applicable improvements (i.e., legal access and public utilities, including but not limited to roads, water supply and electricity) have been completed and/or installed according to the project requirements.  The lots cannot be sold, transferred or conveyed unless and until Developer provides written designation stating whether the improvements have been completed for the lot proposed to be sold, transferred or conveyed.  The Lot Sale Prohibition will be recorded in the records of the Larimer County Clerk and Recorder and will be a covenant running with the Lots.  Upon receipt of such written designation, County will provide to Developers a release of the Lot Sale Prohibition for the particular lot(s) for which the improvements have been completed.

 

17.    The following must be listed on a disclosure statement, approved by the County Attorney, available to lot buyers through the public records at the time of purchase:

 

a)   The Willowbrook Ranch RLUP was approved by Larimer County under the County’s Rural Land Use Process.  This is an abbreviated review process and does not involve the higher scrutiny afforded projects developed under other County land divisions processes.

 

b)   The construction of any single-family residence in this development will require the installation of residential fire sprinklers unless written permission to deviate from this requirement is provided from the fire district.

 

c)   Passive radon mitigation measures shall be included in construction of structures designed for habitable space 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.

 

d)   Some or all lots in this development may include building envelopes.  All structures must be located within these Larimer County approved building envelopes, as shown on the approved Plan.  If a structure within the building envelope is located 5’ or less from the boundary of the building envelope, the owner/applicant for a building permit will be required to demonstrate that the structure(s) is located within the building envelope prior to the approval of the footing and foundation inspection.  This shall be accomplished by a written certification by a Colorado Licensed Surveyor.

 

e)   Engineered footings and foundations may be required for new habitable construction. Please check with the Larimer County Building Department for requirements prior to submitting a building permit application.

 

f)   Lot owners should be advised that there is a potential for nuisance conflicts from wildlife (such as skunks, mountain lions, bears, raccoons, foxes, coyotes, prairie dogs and snakes).  The Colorado Parks and Wildlife can provide information to property owners about how to handle these situations, but lot owners are responsible for addressing wildlife conflicts if they arise.

 

g)   Many other species of wildlife live in the area; some can be dangerous to humans and pets.  It must be remembered that landowners will be living with wildlife.  Species that may be found in the area are coyotes, mountain lions, bobcats, skunks, badgers, raccoons, deer, elk, hawks, owls and eagles.

 

h)   During certain times of the year mosquitoes may present a significant nuisance.  Larimer County does not have a mosquito abatement program.  Any mosquito abatement activity will be the responsibility of the homeowner; such activity must be according to applicable Federal, State and local rules and regulations.

 

i)   Prairie dog colonies exist in the general area; prairie dogs can be a nuisance if they migrate to developed residential property.  At times these animals are implicated in the transmission of plague to people or their pets.  It is important for residents to observe animal control requirements for dogs and cats.

 

j)   Agricultural operations and farming practices on adjacent properties can produce odors, noise and dust.  These are a normal part of agriculture and should be expected to occur.  In addition, plowing, planting, cultivating, spraying, harvesting, and various livestock operations may be carried out at all times including nighttime.

 

k)   If livestock will be kept on these lots, it will be important to carefully manage grazing in order to maintain grass cover in the pasture.  Overgrazing will produce bare ground, weeds, erosion and polluted runoff.  Management of these lots should be coordinated with drainage and erosion control issues, siting of sanitation systems, fencing and feeding.

 

l)   Larimer County has adopted a Right to Farm Resolution.

 

m)   The following fees shall be collected at building permit issuance for new single-family dwellings: Poudre school fees, Larimer County fees for County and Regional Transportation Capital Expansion, Larimer County Park Fees (in lieu of dedication), Drainage Fees and Rural Land Use Process fees.  The fee amount that is current at time of building permit application shall apply.

 

n)   Larimer County shall not maintain roads or streets in this development.  Maintenance of the streets shall be the responsibility of the property owners.  Failure to maintain streets may result in a lien being placed on these lots.

 

o)   The owners of the residual land parcels will be responsible for maintaining the residual land according to the restrictions listed in the management plan and for providing periodic monitoring report(s) to the County.

 

p)   Lots in this Rural Land Plan are subject to the conditions and requirement of a Development Agreement.  The Developer and Larimer County executed this agreement in consideration of the approval of this Development.  This Agreement was recorded in the Larimer County Clerk and Recorder’s office immediately after the plat.  All purchasers should obtain and read the Development Agreement.

 

M O T I O N

 

Commissioner Johnson moved that the Board of County Commissioners approve the consent agenda, as modified.

 

Motion carried 3-0.

 

The hearing adjourned at 3:15 p.m.

 

TUESDAY, MARCH 11, 2014

 

ADMINISTRATIVE MATTERS

 

The Board of County Commissioners met at 9:15 a.m. with Linda Hoffmann, County Manager. Chair Donnelly presided and Commissioners Gaiter and Johnson were present. Also present were: Donna Hart, Michelle Bird, and Deni LaRue, Commissioners’ Office; Doug Ryan, Health & Environment Department; Mark Pfaffinger and Steven Balderson, Facilites and Information Technology Department; Marc Engemoen, Public Works Department; Stephen Gillette, Solid Waste Department; Candace Phippen and Eric Fried, Code Compliance and Building Department; Bill Ressue, County Attorney’s Office; and Dana Polley, Deputy Clerk.

 

Chair Donnelly opened the meeting with Pledge of Allegiance. He then explained that due to the large volume of public present for comment regarding the upcoming air emissions permit for Martin Marietta, Mr. Ryan would first give a briefing on this item.

 

1.         BRIEFING ON THE UPCOMING AIR EMISSIONS PERMIT FOR MARTIN MARIETTA:   Mr. Ryan explained that the state is expected to issue an air emissions permit to  the Martin Marietta asphalt plant on North Taft Hill Road for consideration. The new permit would classify the asphalt plant as a stationary source as opposed to the portable source it holds now. Mr. Ryan gave an explanation of the process to be utilized when considering issuance of a stationary source permit. The state’s air emissions permit process is expected to start in April and will run for 30 days.

 

Some discussion followed regarding the specifics of the process.

 

Chair Donnelly then opened the meeting up to public comment giving citizens the opportunity to address the Board of County Commissioners. Jim Gregory and Mike Elijah spoke in regards to a road maintenance issue. Kevin Pass, Karen Harc, Lauren Ogden, Bob Hase, Connie Marvel, Julie MacMillan, Bernard Cameron, Stephen Allen, Melanie McLean, Keith Foster, Brian Simpson, Kelly Giddens, Nancy York, Brad Rasda, Carolyn Knape, Meg Dunn, Ruth Ingles-Widrick, David Bartecchi, and Ralf Kracke-Berndorff all spoke in opposition to the Martin Marietta asphalt plant and expressed their concerns regarding the harm that the plant poses to the neighborhood. James Sharn spoke in favor of the Martin Marietta asphalt plant and shared some of the environmental regulations the plant is in compliance with. Meg Hilgenberg expressed his frustrations with the Board’s leadership.

 

Chair Donnelly closed public comment and stated that the Board will conduct further review of this issue.

 

2.         APPROVAL OF THE MINUTES FOR THE WEEK OF FEBRUARY 24, 2014 AND MARCH 3, 2014:

 

M O T I O N

 

Commissioner Gaiter moved that the Board of County Commissioners approve the minutes for the week of February 24, 2014 and March 3, 2014.

 

Motion carried 3-0.

 

3.         REVIEW OF THE SCHEDULE FOR THE WEEK OF MARCH 17, 2014: 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 outlined below:

 

03112014A001           STATE OF COLORADO, COLORADO DEPARTMENT OF PUBLIC SAFETY  CONTRACT WITH BOARD OF LARIMER COUNTY COMMISSIONERS

 

03112014A002           GRANT AGREEMENT BETWEEN THE STATE OF COLORADO DEPARTMENT OF PUBLIC SAFETY DIVISION OF HOMELAND SECURITY AND EMERGENCY MANAGEMENT AND LARIMER COUNTY

 

03112014R001           RESOLUTION SUPPORTING THE GRANT APPLICATION FOR A LOCAL PARKS AND OUTDOOR RECREATION MINI-GRANT FROM THE STATE BOARD OF THE GREAT OUTDOORS COLORADO TRUST FUND

 

MISCELLANEOUS:  Public Trustee 4th Quarter Report; Stipulation as to Tax Year 2013 Value – SWVP Fort Collins LLC (#62574); Stipulation as to Tax Year 2013 Value– SWVP Fort Collins LLC (#62713); Stipulation as to Tax Year 2013 Value – SWVP Fort Collins LLC (#62575); Stipulation as to Tax Year 2013 Value – Detlof Living Trust; Stipulation as to Tax Year 2013 Value – Summit Hotel OP LP; Stipulation as to Tax Year 2013 Value – Harmony Hotels LLC; Stipulation as to Tax Year 2013 Value – Aesha Hospitality Inc; Stipulation as to Tax Year 2013 Value – NBA Hospitality Inc; Recommended Appointment of Nicolas Koontz and Greg Schreiner to the Agrucultural Advisory Board beginning March 11, 2014, and expiring November 30, 2016; Recommended Reappointment of Victor Meline and George Reed to the Boxelder Stormwater Authority Board beginning April 1, 2014, and expiring March 31, 2017; Recommended appointment of William Dowling to the Workforce Investment Board beginning March 11, 2014, and expiring June 30, 2016.

 

LIQUOR LICENSES:  The following licenses were approved and/or issued: Elks Fort Collins BPOE #804 – Club License – Fort Collins; Carter Lake Marina – 3.2% Beer Retail – Loveland.

 

Motion carried 3-0.

 

5.         CONVERT TWO LIMITED TERM POSITIONS TO REGULAR FULL TIME IN FITD:   Mr. Pfaffinger and Mr. Balderson requested the Board approve converting two existing limited term positions into regular full time positions. They explained that based on the existing projects, there is a need for these extra full time positions. Some discussion followed regarding the funding for these positions.

 

M O T I O N

 

Commissioner Gaiter moved that the Board of County Commissioners approve converting two existing limited term positions to regular full time positions for the Facilities Construction Project Manager and the Business Project Manager.  

 

Motion carried 3-0.

 

6.         AUTHORIZATION FOR A NEW POSITION FOR AN ASSISTANT DIRECTOR OF SOLID WASTE:   Mr. Engemoen and Mr. Gillette addressed the Board regarding a request to add a new position for an Assistant Director of Solid Waste. Mr. Engemoen explained that this position existed before Mr. Gillette became director, but has not been needed for several years. Since the flood and the fire in the past couple years there have been many more special projects creating a need for this position again.

 

M O T I O N

 

Commissioner Johnson moved that the Board of County Commissioners approve the addition of one full time employee for the Solid Waste Department which will create a new position of Assistant Director of Solid Waste.

 

Motion carried 3-0.

 

7.         RESOLUTION REGARDING LOCAL DISASTER EMERGENCY: Ms. Phippen and Mr. Fried addressed the board requesting approval of a resolution establishing an imminent threat, approval to commence action for removal of imminently dangerous structures and flood debris, approval of funds for imminent actions, and approval of deadlines to clean up and abate properties that are not imminently dangerous.

 

Some discussion ensued regarding the notification to effected people, and deadlines for action.

 

M O T I O N

 

Commissioner Gaiter moved that the Board of County Commissioners:

 

1.    Approve the Resolution Regarding Local Disaster Emergency.

 

2.   Authorize immediate action to remove damaged structures, or portions thereof, and flood debris deemed an imminent hazard on properties impacted by the 2013 flood for the protection of public and private property, human health, the environment and Larimer County’s economy.

 

3.   Approve initial funds to pay for immediate action in the amount of $525,000.

 

4.   Approve a three-year period to and including September 12, 2016, for owners to abate or repair dangerous buildings not identified as Tier I or II structures, or flood debris not deemed an imminent hazard, from properties impacted by the 2013 flood.

 

5.   Approve Direct Code Compliance staff members not to pursue complaints for damaged buildings or flood debris resulting from the 2013 flood until the expiration of the three-year period unless there is an imminent life-safety issue connected with the property as determined by staff.

 

Motion carried 3-0.

 

03112014R002           RESOLUTION REGARDING LOCAL DISASTER EMERGENCY

 

8.         COUNTY MANAGER WORKSESSION: Ms. Hoffmann stated that she will be sharing the community report and budget information at a meeting in Loveland with Chair Donnelly. She will also be attending Kids Pac in Loveland.  

 

9.         COMMISSIONER ACTIVITY REPORTS: The Board reviewed their involvement at events during the previous two weeks.

 

10.       LEGAL MATTERS: Mr. Ressue requested that the board go into executive session regarding the upcoming Anheuser-Busch hearing with the Board of Assessment Appeals and continued retention of trial expert.

 

M O T I O N

 

Commissioner Johnson moved that the board of County Commissioners go into executive session 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 and Mr. Ressue explained that he was requesting up to $20,000 for the continued retention of expert witness Peter Bose for the Board of Assessment hearing at the end of this month.

 

M O T I O N

 

Commissioner Gaiter moved that the Board of County Commissioners approve up to $20,000 to pay expert witness fees for the Anheuser-Busch abatement hearings.

 

Motion carried 3-0.

 

The meeting adjourned at 11:30 a.m., with no further action taken.

 


 

 

 

 

_______________________________

TOM DONNELLY

BOARD OF COMMISSIONERS

 

 

ANGELA MYERS

CLERK AND RECORDER

 

ATTEST:

 

 

__________________________________________

Dana S. Polley, Deputy Clerk