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> Meetings & Minutes > Commissioners' Minutes > BCC Minutes for 06/16/14  

MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

 

 

Monday, June 16, 2014

 

 

LAND USE HEARING

 

The Board of County Commissioners met at 3:00 p.m. with Matt Lafferty, Principal Planner.  Chair Donnelly presided and Commissioner Johnson was present.  Also present were: Brenda Gimeson, and Tony Brooks, Planning Department; Tracy Shambo, Engineering Department; Doug Ryan, and Rich Grossmann; Environmental Health Department; Jeannine Haag, County Attorney’s Office, and Gael Cookman, Deputy Clerk.

 

Chair Donnelly opened the hearing with the Pledge of Allegiance.

 

Chair Donnelly noted that the following item was on the consent agenda and would not be discussed unless requested by the Board, staff, or members of the audience:

 

1.         NELSON RURAL LAND USE PLAN, FILE #14-S3219:   This is a request to divide  80+/- acres into four (4) single-family residential lots, approximately 5 acres in size, and 1 Residual Lot, approximately 59 acres in size, that will be protected from any further development for a minimum of 40 years, as required under the Rural Land Use Process (RLUP).

 

The property is located in Section 8, Township 9 North, Range 68 West of the 6th P.M., Larimer County, Colorado; generally located 2 miles north of the Town of Wellington on County Road 9 between County Roads 70 and 72.  The property proposed for the Nelson Rural Land Plan (RLUP) is approximately 80 +/- acres in size.  The surrounding properties consist of a few smaller 6-10 acre parcels, some larger agricultural parcels, but mostly 35-acre parcels.   The property is currently used for dryland grazing and the North Poudre Canal separates a small portion of the property from a larger piece.  The Boxelder Creek is located just southwest of the property but is not located on the property.

 

The Nelson RLUP proposal is to divide 80+/- acres of land into four (4) single-family residential lots located on about 20 acres (each lot about 5 acres in size)  and one (1) Residual Lot consisting of about 60 acres that will be protected from further development  for a minimum of 40 years, as required under the RLUP. There are currently no existing buildings on the property.  Agricultural grazing will remain on the large residual lot and it will contain a building envelope(s) that can be used for agricultural support buildings only, but no residences are proposed for the large residual lot.  The owner of the residual lot will be responsible for maintaining the residual land and for providing a periodic monitoring report(s) to the County.  The proposed density of the Nelson RLUP, with one unit per 20 acres, appears to be compatible with the neighborhood. 

 

One new access point from County Road 9 is proposed and all lots will have access from that new road.  The new road within the development will be required to be constructed to the standards listed in Section 5.8.6 of the Larimer County Land Use Code and will be dedicated to the public.  Additional right-of-way, if necessary, will be dedicated with the final plat for County Road 9, as it abuts the property.  Water to all the home sites will be provided by on-lot wells and each lot will have its own septic system.   

 

A neighborhood meeting was held on April 23, 2014, at the Leeper Center in Wellington.  Approximately 7 community members attended.  Some of the concerns expressed at the meeting were about the placement of the home sites near existing residences, the number of outbuildings allowed on the new lots, noise generated from the development, the possibility of new owners bringing dirt bike tracks and shooting ranges, and water, or lack of it. 

 

Referral agency comments were also solicited from nine agencies. Comments were received from five 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.

 

This application has been reviewed under criteria set forth in the Larimer County Land Use Code. Except as expressly modified by the approved conditions for this project, this development must comply with Section 5.8—Rural Land Use Process, the Road Naming and Site Addressing System Resolution, Section 8.8—Irrigation Facilities, Section 8.10—Management/Use Plans, and Section 4 – Zoning.

 

The referral agencies have responded and applicable fees will be collected to meet the requirements in Section 9.0—Land Dedications, Fees-in-Lieu of Dedications, Facility Fees and Capital Expansion Fees.  The fees that will be collected on this project are park fees, school fees, drainage fees, and Transportation Capital Expansion fees.  Other fees that will be collected are Rural Land Use Process fees in effect at the time of building permit issuance.

 

During the application review process, a few issues were raised by the reviewing agencies and neighborhood.  The issues and the proposed solutions are described below.

 

Water quality protection to ditch

Both the North Poudre Irrigation Company and the Engineering Department are concerned about water quality issues that can be created from runoff of the new development.  Because the property is close to the North Poudre Irrigation Ditch, a condition of approval has been made that requires any drainage review to investigate the need for best management practices to control non-point source run-off.  See Condition of approval # 3.

 

Placement of the home sites near existing residences

At the neighborhood meeting, some concerns were raised about the placement of the home sites near existing property lines.  The applicant has designed the cluster with all the utilities being placed near the newly created road in anticipation that the cost of the extension of the utilities would keep the home sites off the top of the hill and near the road.  Staff believes that underlying zoning and setbacks are adequate and staff is not recommending a condition of approval for building envelopes on these residential lots. 

 

Noise generation from new development

The neighbors had some concerns about the noise that will be created by the new development and particular concerns about the possibility of dirt bike tracks and shooting ranges.  Zoning regulations will continue to apply and those regulations will restrict public bike tracks and shooting ranges without a County review process being completed.  There is no intent to further restrict the use of property beyond the zoning regulations, so no conditions of approval have been made regarding this concern.

 

Staff finds that 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 Nelson Preliminary Rural Land Plan is based on the following:

 

·   This proposal supports conservation values, including the preservation of at least 59 acres of residual lands with protection from further development for a minimum of 40 years. 

  • The plan is generally compatible with the existing neighboring land uses.
  • The proposal supports the continued use of the ranching in the area and preserves the agricultural resource.

 

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:

 

·   Protection of existing rural open lands.

·   Transportation capital expansion fees received from the project.

·   School and park fees received from the project.

·   Fewer residences than allowed through existing zoning.

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

 

This project was reviewed by the Rural Land Use Advisory Board on Monday, May 5, 2014.  The Board recommended approval of the project and provided direction to staff regarding certain conditions of approval.  The motion is following and the minutes of the Rural Land Use Advisory Board meeting are attached to this staff report for your review.

 

Rural Land Use Advisory Board Recommendation:  Motion by Member Carlson to approve the Nelson RLUP with the standard conditions that require compliance with RLUP standards as well as the additional conditions as follows: 

  • Require an engineering report on stormwater management and drainage plan before final approval that would address stormwater quantity and investigates the need for best management practices to control non-source point run-off.
  • Require required right-of-way and access permitting.
  • Require applicant to work directly with the fire district to make fire plan before final approval.

 

Member Spencer seconded the motion.

 

All favored the motion.  Motion carried unanimously.

 

The Development Review Team recommends that the Board of County Commissioners approve the Nelson Rural Land Plan (File # 14-S3219).  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 Nelson Rural Land Plan (File # 14-S3219) 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 Nelson Rural Land Plan.

 

2.    On-lot wells will be provided for this project.  In the event public water is provided, 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.    All roads and drainage shall be in accordance with Section 5.8.6.D of the Rural Land Use Process.  The drainage review must investigate the need for best management practices to control non-point source run-off and noted in a drainage memo to be reviewed and approved by Larimer County prior to final approval.  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.

 

4.    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.

 

5.    Internal roads shall be dedicated to the public. 

 

6.    The owners shall dedicate a 50-foot half right-of-way along Larimer County Road and this dedication shall be shown on the final plat. 

 

7.    Road names and addressing shall meet standards in the “Road Naming and Site Addressing System Resolution”.

 

8.    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 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. 

 

9.    Applicant must provide a storm water management report that addresses storm water quantity.  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.

 

10.    Applicants must provide a fire plan approved by Wellington Fire prior to final plat approval.

 

11.    The residual land management plan must be reviewed and approved by Rural Land Staff prior to final plat approval.  

 

12.    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.

 

13.    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. 

 

14.    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. 

 

15.    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 Nelson 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)   North Poudre Irrigation Ditch is located on Residual Lot A on the Nelson Rural Land Plan.  No access to the ditch, ditch road, or interference with ditch maintenance or activities is allowed by the residential lots in this development.  Any questions regarding ditch access and maintenance should be directed to the North Poudre Irrigation Company.

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)   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.

e)   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.

f)   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.

g)   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.

h)   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.

i)   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.

j)   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.

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

l)   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.

m)   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.

n)   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.

o)   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 outlined above.

 

Motion carried 2-0.

 

2.         REMINGRON TECHNOLOGIES ZONING VIOLATION PUBLIC MEETING, FILE #14-CC0089:   This is an alleged violation of the Larimer County Land Use Code, Section 4.1.2 FA1-Farming Zoning District and Section 4.3.10.B. Home Occupation, by operating Remington Technologies, an environmental contracting business specializing in remedial material injection to clean up chemically impacted soil and groundwater.   The business use is not allowed in the zoning district and exceeds criteria established for home occupations.  The property owner is also in violation of Section 105.1 of the International Building Code by changing the occupancy of a residential outbuilding to a commercial use, and constructing and/or moving four outbuildings on the property without first obtaining building permits. 

 

The property is located at 4308 Thelma Lane in Loveland just north of County Road 24H and east of Masonville Road.  The property is part of the Friend Minor Residential Development (MRD).  The recorded plat for the Friend MRD stipulates lots be limited to single-family dwellings and accessory residential uses.   Notice of this public meeting was mailed certified and regular mail to Remington Technologies, c/o Nicholas H. Ores (owners’ attorney) as well as by regular mail to adjacent property owners.

 

A Home Occupation Registration Certificate was filed with the Planning Department on July 17, 2008.  The Certificate confirms Remington Technologies is an “environmental mediation company that visits the sites of contaminated groundwater” with one employee not residing on the premises, utilizing 800 sq.ft. inside a 1600 sq.ft. detached building for the company, and generating five vehicle trips per day (one vehicle trip in and one vehicle trip out = two trips). 

 

At the time the Certificate was filed, there was a mobile home on the property.  A home occupation can be operated on a property when it is an accessory use to the dwelling unit on the property. The mobile home on the property has now been removed (as there is no dwelling unit on the property, there can be no home occupation).

 

Remington Technologies has expanded since filing the Home Occupation Certificate with the County.  Several storage trailers have been added to the property, barrels containing what is assumed to be chemicals are being stored on the property and/or inside the storage trailers and outbuilding, there are several vehicles parked and/or coming and going from the property which exceed “five vehicle trips” per day, and four outbuildings have been added to the property without building permits (if the structures exceed 120 square feet in floor area, a building permit is required—setbacks apply whether or not a building permit is required). 

 

The Colorado Department of Public Health & Environment visited the property on March 6, 2014, citing Remington Technologies for violations of State regulations.  Photographs of the violations were sent to Code Compliance Inspector Tony Brooks and Rich Grossmann, Larimer County Department of Health and Environment.  It is staff’s understanding Remington Technologies is in compliance with State regulations at this time. 

 

Between March 31 and April 1, 2014, Code Compliance staff received seven complaints about the business on this property, all from adjacent property owners.

 

On April 18, 2014, Code Compliance Inspector Tony Brooks visited the property with Rich Grossmann and Ned Sparks, Division Chief for the Loveland Fire Prevention Bureau.  The owners confirmed a chemical remediation business was operating on the property. County regulations and allowed uses were explained to owners, Jesse and Kim Taylor. The owners represented they had approval from the Colorado Department of Health & Environment for operating the business on the property. 

 

MAJOR ISSUES AND CONCERNS:

 

(1)        A home occupation is not allowed on property that has no home;

 

(2)        Increased business activity on the property is causing additional traffic, increased

impacts on roads, outdoor storage, parking and noise;

           
(3)        Business operating hours begin in early morning and continue into late night

            disturbing adjacent property owners;

 

            (4)        Adjacent property owners are concerned about possible chemical spills and/or

contamination of water, soil and Buckhorn Creek; and

 

(5)        Construction and/or uses of structures changing without first obtaining required

building permits are violations of the Larimer County Building Code which may pose life-safety issues.

 

Staff findings are as follows:

 

1.   The property is zoned FA-1 Farming.  Environmental remediation companies are not a use by right in FA-1 Farming Districts.

 

2.   A home occupation is not allowed on the property without a home.  If a home occupation were allowed, the current level of business being operated on the property exceeds criteria established in the Larimer County Land Use Code for a home occupation.

 

3.   The property is part of the Friend MRD.  The recorded plat for the Friend MRD stipulates the lots be limited to single-family dwellings and accessory residential uses.  The business use requires a special exception since it is not a listed use under the zoning district.  However, a special exception cannot be approved without the note being removed from the plat for the Friend MRD limiting uses on the lots to single-family dwellings and accessory residential uses.

 

4.   Four outbuildings have been constructed and/or moved on the property without first

obtaining building permits.  The larger outbuilding on the property is 1600 sq.ft.  No permit was obtaining for changing the use of this structure from a residential to a commercial use.

 

Staff recommends that the Board of County Commissioners set a deadline for the property to be brought into compliance and authorize legal action if the deadline is not met.

 

Mr. Brooks briefly explained the alleged violation as outlined above, and noted that to his understanding the property owner is looking for new land to re-locate his business.  Mr. Grossmann further noted that the Colorado Department of Health conducted an unannounced inspection of the site and determined that the material on the ground was not considered hazardous. 

 

Nick Ores, attorney for the property owner, confirmed that his client is in the process of re-locating his business into the City of Loveland, with the intent of being completely moved by mid-August.

 

Jesse Taylor, property owner, explained in detail the process used to mitigate and remediate petroleum spills.   He confirmed that the open pit and the stains on his property are not hazardous in nature.

 

Chair Donnelly opened up the hearing for public comment.  Steve Steinbicker stated that he is an engineer working with Remington Technologies, LLC, and he noted that the new location they are moving into is proper zoned for this type of activity.  He wanted to make himself available for questions from the Board.

 

Phillip Porter, Kate Ramm, Barbara Heller, and Dennis Wical, all surrounding neighbors, voiced concerns regarding noise, pollution, outdoor storage, and fire danger.

 

Mr. Taylor again reiterated that there are no hazardous materials being dumped on the ground, and stated that his business employs more than 20 people, with good salaries that contribute economically to the community.

 

Under commissioner discussion, the Board agreed that this matter will resolve itself, due to the property owner re-locating his business.

 

M O T I O N

 

Commissioner Johnson moved that the Board of County Commissioners set a deadline of July 31, 2014, for the property owner to obtain valid building permits and inspection approvals for four existing outbuildings on the property and to remove all business uses from the property.  Legal action is authorized if the required inspection approvals for the outbuildings are not obtained and/or the business uses are not removed by the deadline.  Effective immediately, no chemicals can be disposed of on the property. 

 

Motion carried 2-0.

 

The hearing recessed at 3:50 p.m.

 

 

PSCO SOUTH LARIMER COUNTY LINE GAS LINE REPLACEMENT

1041 HEARING

 

The Board of County Commissioners reconvened at 6:30 p.m. with Matt Lafferty, Principal Planner.  Chair Donnelly presided and Commissioners Gaiter and Johnson were present.  Also present were:  Rob Helmick, Planning Department; Clint Jones, Engineering Department; Doug Ryan, Environmental Health Department; Jeannine Haag, County Attorney; and Tamara Slusher, Deputy Clerk.

 

1.         PSCO SOUTH LARIMER COUNTY LINE GAS LINE REPLACEMENT 1041:   This is a request made by Public Service Company of Colorado and Tetra Tech, Inc. to approve the construction of approximately five miles of a new sixteen inch diameter high-pressure natural gas transmission line to replace an existing eight inch line located in both the Town of Berthoud and unincorporated Larimer County. More specifically the affected line begins south of County Road 10E and Highway 287, south to the Larimer/Boulder County line and will be using both existing and new right of way/easements.

 

The Larimer County Planning Commission and The Development Services Team recommends approval of the PSCO South Larimer County Line Gas Line Replacement 1041 Permit, File #14-Z1927, subject to the following conditions:

 

  1. Any final plans shall be consistent with the approved preliminary plan and with the information contained in the PSCO South Larimer County Line Gas Line Replacement 1041 Permit, File #14-Z1927, 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 PSCO South Larimer County Line Gas Line Replacement 1041 Permit, File #14-Z1927.

 

  1. The applicants shall conduct a burrowing owl survey for those areas of the preferred route affecting prairie dog towns.

 

  1. Construction timing shall be coordinated to avoid conflicts with the bald eagle nesting season activity north of CR 8, including any necessary consultation with the USFWS.

 

  1. The applicants shall coordinate all ditch crossings with the appropriate ditch companies and insure that all necessary licenses and agreements are in place prior to construction, confirmation shall be provided to the County prior to commencing work.

 

  1. The applicant shall coordinate all bores and constructions along the county roads affected by the route and obtain all necessary permits and permissions.

 

  1. All construction on or around all private or privately maintained roads shall be coordinated with the entity responsible for maintenance, confirmation shall be provided to the County prior to commencing work. 

 

  1. The applicant shall coordinate all construction adjacent to or within the county roads and rights of way affected by the route with all emergency service providers and the school district.

 

  1. The applicant shall obtain all necessary and require State and Federal permits for the construction of the pipeline.

 

  1. The approval of this pipeline designates a corridor along the alignment and deviations to accommodate field issues will not affect the approval.  Significant alterations to the route shall be evaluated by the County prior to commencing activity, and may be subject to further review.

 

An additional condition was added during the Planning Commission meeting on June 11, 2014:

 

  1. Any floodplain crossings will require Floodplain Special Review and permits as noted in comments from the Engineering Department dated April 1, 2014.

 

Mr. Helmick provided details regarding the route and stated that originally this project was met with much opposition which Xcel Energy has worked to resolve prior to this hearing.  Randy Blank, project manager for Xcel Energy, addressed the Board and reiterated Mr. Helmick’s statements.

 

Chair Donnelly opened the hearing for public comment. Nancy Lamb addressed the Board and thanks both Larimer County staff and Xcel Energy for their work on the project and requested more clarification from the applicant regarding the timeline for the vacation of the existing easements on the original pipeline and more information regarding what defines “significant” changes as outlines in condition 9.  Rose Gamel also addressed the Board and requested more information regarding the route that was chosen along County Road 8, rather than County Road 21.

 

Mr. Blank stated that vacation of the existing easements would begin after the existing pipeline is fully decommissioned in approximately early 2015.  He also explained that the new route was chosen due to the location of existing easements and the reduced impact on property owners. 

 

Mr. Helmick also clarified the details of the proposed 1,000 foot pipeline corridor and informed the Board that this issue could be brought back for another public hearing if the project deviated from the original plans, or violated any of the conditions above.

 

Chair Donnelly closed the public comment portion of the hearing.  There was no further discussion.

 

M O T I O N

 

Commissioner Gaiter moved that the Board of County Commissioners approve the PSCO South Larimer County Line Gas Line Replacement 1041, File #14-Z1927, subject to the conditions outlined above.

 

Motion carried 3-0.

 

There being no further business, the hearing adjourned at 6:55 p.m.

 

 

TUESDAY, JUNE 17, 2014

 

 

ADMINISTRATIVE MATTERS MEETING

 

The Board of County Commissioners met at 9:00 a.m. with Linda Hoffmann, County Manager.  Chair Donnelly presided and Commissioners Johnson and Gaiter were present.  Also present were: Donna Hart, and Michelle Bird, Commissioners’ Office; Gary Buffington, Zac Wiebe, and Kerri Rollins, Natural Resources Department; Jeremy Call, Logan Simpson Design; Dana Hersch, Tim Hand, and Jake Hupp, Community Corrections Department; Lieutenant John Feyen, Sheriff’s Department; Steve Balderson, Jennifer Johnson, and David Bragg, Facilities and Information Technology Department; Lorenda Volker, Human Resources; Bill Ressue, County Attorney’s Office; and Gael Cookman, Deputy Clerk.

 

Chair Donnelly gave citizens the opportunity to address the Commissioners regarding events and issues pertaining to Larimer County.  Mel Hilgenberg, and Eric Sutherland were present to address the Board.

 

Chair Donnelly opened the meeting with the Pledge of Allegiance.

 

1.    APPROVAL OF THE MINUTES FOR THE WEEK OF JUNE 9, 2014:

 

M O T I O N

 

Commissioner Johnson moved that the Board of County Commissioners approve the minutes for the week of June 9, 2014, as amended.

 

Motion carried 3-0.

 

2.         REVIEW OF THE SCHEDULE FOR THE WEEK OF JUNE 23, 2014:  Ms. Hart reviewed the upcoming schedule with the Board.

 

3.         CONSENT AGENDA:  

 

M O T I O N

 

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

 

06172014A001           LARIMER COUNTY HOUSE BILL 1451 PLAN MEMORANDUM OF UNDERSTANDING PURSUANT TO HOUSE BILL 04-1451

 

06172014A002           AGENCY AGREEMENT FOR PUBLIC SERVICE COMPANY OF COLORADO GAS TRANSPORTATION SERVICES (FOR USE WITH MASTER AGREEMENTS) BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND SEMINOLE ENERGY SERVICES, LLC

 

06172014D001           DEED OF DEDICATION: DAVID AND LISA HERRERA

 

06172014D002           DEED OF DEDICATION: GARY NEIL AND CAROLYN ELIZABETH HAMMOND

 

06170214R001           RESOLUTION ESTABLISHING COMPENSATION FOR DISTRICT ATTORNEY DEPUTY DISTRICT ATTORNEY I, JULY 7, 2014

 

06172014R002           RESOLUTION ESTABLISHING COMPENSATION FOR DISTRICT ATTORNEY DEPUTY DISTRICT ATTORNEY I

 

06172014R003           RESOLUTION REGARDING REPAIRS, IMPROVEMENTS, & RECONSTRUCTION ON COUNTY ROAD 27

 

06172014R004           FINDINGS AND RESOLUTION APPROVING THE AMENDED PLAT OF LOT 1 IN THE NORTH END RANCHES

 

MISCELLANEOUS:   Grant of Emergency Access Easement between Larimer County and Daniel E. Albracht; Department of Human Services Payments for April 2014.

 

LIQUOR LICENSES:   The following liquor licenses were issued and/or approved:  Rocky Mountain Gateway #2 – 3.2% Retail Beer – Estes Park; Fort Fun – Tavern – Fort Collins; Rocky Mountain Gateway #1 – Hotel & Restaurant – Estes Park.

 

Motion carried 3-0.

 

4.         OUR LANDS – OUR FUTURE (OLOF) AWARDS:  Ms. Rollins, Mr. Wiebe, and Mr. Call presented the OLOF awards that were bestowed upon Larimer County for the work done in future conservation and recreation, the economic benefits of open space, and tools created and used to provide interactive mapping to ensure that investments are strategic, cost-effective, and which ultimately represent community values.  Mr. Call explained the three awards:  The Land Stewardship Award, from the American Society of Landscape Architects – Colorado Chapter; the Project Excellence Award, from the Society for Outdoor Recreation Professionals; and the Award of Excellence – Grass Roots Initiative Award, from the American Planning Association – County Planning Division & National Association of County Planners. 

 

The Board congratulated the Department of Natural Resources, and commended all on their efforts and hard work. 

 

5.         DEMONSTRATION OF NEW TECHNOLOGY BEING USED BY COMMUNITY CORRECTIONS FOR OFFENDER MANAGEMENT:   Ms. Hersch explained that their office is required to consistently monitor offender whereabouts in the community, and they have started to use a new technology to accurately pinpoint an offender’s location in real time while they are out in the community searching for work.  Ms. Hersch then demonstrated how the GPS tracking units are paired with a cell phone, and the process used for monitoring.  Mr. Hersch stated that there was an initial cost of $90 the device, and $90 per year per unit to access the web based GPS system.  Also there is a small cost for the cell phone each month of $9.00 and $0.10 per minute.  Discussion ensued and the Board stated that this was a great idea, at a great cost savings. 

 

6.         DISCUSSION REGARDING LIQUOR LICENSED ESTABLISHMENTS REMAINING OPEN FOR BUSINESS AFTER 2 A.M.:   Ms. Cookman explained that a liquor license establishment has recently inquired as to whether or not they could remain open past 2 a.m., after they stop serving alcohol to their patrons.  State liquor enforcement says that local authorities can restrict this if they chose to, so Ms. Cookman asked for direction from the Board on this matter. 

 

Lieutenant Feyen stated that he would did not have opportunity to discuss this request with the establishment owner; however, the initial stand point from the Sheriff’s Department would be to not support this type of request due to the reduced staffing of patrol deputies after 2 a.m., and the “temptation” for establishment employees to possibly violate the rules as time progresses.

 

Discussion ensued, and the Board chose not to take any action at this time, but will continue to work with the Sheriff’s Office and Fort Collins Police Department and takes ideas under advisement on this matter.

 

7.         INITIATE THE PROGRAMMING PHASE OF A NEW LARIMER COUNTY OFFICE FACILITY IN LOVELAND:   Mr. Balderson requested authorization to use $176,745 of the 1997 Courthouse Sales Tax funds to complete the programming of a new Loveland facility.  Discussion ensued as to how the building layout is critically important, as the facility will service many different entities, with a variety of needs; some of which should be co-located for convenience and consolidation of services, and others that may require separate entrances, etc.  The Board supported this request.

 

M O T I O N

 

Commissioner Johnson moved that the Board of County Commissioners approve the expenditure of $176,745 from the 1997 Courthouse Sales Tax funds to complete the programming of a new Loveland facility.

 

Motion carried 3-0.

 

8.         RECOMMENDED BOARDS AND COMMISSIONS APPOINTMENTS:   Ms. Bird presented the following recommendations for Boards and Commissions and requested approval on the same: 

 

Board of Adjustment:

Jim Pisula, Appointment, 3 year (s), July 1, 2014 - June 30, 2017,  Regular member

Joe Wise, Appointment , 3 year (s), July 1, 2014 - June 30, 2017,  Alternate member

Jason Wolfe, Appointment, 3 year (s), July 1, 2014 - June 30, 2017, Alternate member

 

Board of Appeals:

Steven Lucas, Reappointment, 3 year (s), July 1, 2014 - June 30, 2017

Mark Belford, Reappointment, 3 year (s), July 1, 2014 - June 30, 2017, Term limit waived

 

Board of Health:

Stephen Yurash, Reappointment, 5 year (s) , July 1, 2014 - June 30, 2019

 

Citizen Review Panel:

Matthew Mammoser, Appointment, 3 year (s), July 1, 2014 - June 30, 2017

Jeffrey Martin, Reappointment, 3 year (s), July 1, 2014 -June 30, 2017, Term limit waived

Kristin Stephens, Reappointment, 3 year (s), July 1, 2014 - June 30, 2017

Leisa Taylor, Appointment, 3 year (s), July 1, 2014 - June 30, 2017

 

Community Corrections Advisory Board:

Linda Hoffmann, Reappointment, 2 year (s), July 1, 2014 - June 30, 2016, County Administrator

Staci Shaffer, Appointment, 2 year (s), July 1, 2014 - June 30, 2016, Sheriff’s office

Sidney Simonson, Reappointment, 2 year (s), July 1, 2014 - June 30, 2016, Term limit waived

Michael Simpkins, Appointment, 2 year (s), July 1, 2014 - June 30, 2016, Public Defender

William Sublette, Reappointment, 2 year (s), July 1, 2014 - June 30, 2016, Term limit waived

Robert Tholl, Appointment, 2 year (s), July 1, 2014 - June 30, 2016

 

Environmental & Science Advisory Board:

Richard Alper, Appointment, 3 year (s), July 1, 2014 - June 30, 2017

Jeremy Deuto, Appointment, 3 year (s), July 1, 2014 - June 30, 2017

Michael Jones, Reappointment, 3 year (s), July 1, 2014 - June 30, 2017, Term limit waived

Kim Karish, Reappointment, 3 year (s), July 1, 2014 - June 30, 2017

Evelyn King, Reappointment, 3 year (s), July 1, 2014, June 30, 2017

 

 

 

 

 

 

 

Estes Valley Planning Commission:

Doug Klink, Reappointment, 4 year (s), July 1, 2014 - June 30, 2018, Term limit waived

 

Extension Advisory Board:

Susan Bonsall, Reappointment, 3 year (s), July 1, 2014, June 30, 2017, Masonville,

 

Flood Review Board:

Chris Carlson, Reappointment, 3 year (s), July 1, 2014 - June 30, 2017, Term limit waived

Elisabeth Ervin-Blankenheim, Appointment, 3 year (s), July 1, 2014 - June 30, 2017

Gregory Koch, Reappointment, 3 year (s), July 1, 2014 - June 30, 2017, Term limit waived

Michael Oberlander, Reappointment, 3 year (s), July 1, 2014 - June 30, 2017

 

Juvenile Community Review Board:

Darlene Deichert, Reappointment, 3 year (s), July 1, 2014, June 30 - 2017

John Gamez, Reappointment, 3 year (s), July 1, 2014 - June 30, 2017, Term limit waived

Chris Jensen, Reappointment, 3 year (s), July 1, 2014 - June 30, 2017, Term limit waived

Adrienne Killerman, Reappointment, 3 year (s), July 1, 2014 - June 30, 2017

Rhonda Linenfeld, Reappointment, 3 year (s), July 1, 2014 - June 30, 2017

Haylee Schwiezer, Appointment, 3 year (s), July 1, 2014 - June 30, 2017

 

Land Stewardship Advisory Board:

Ernie Max, Reappointment, 3 year (s), July 1, 2014 - June 30, 2017, Term limit waived

 

LaPorte Area Planning Advisory Committee:

Mandy Kotzman, Reappointment, 3 year (s), July 1, 2014 - June 30, 2017, Term limit waived

Cordelia Stone, Reappointment, 3 year (s), July 1, 2014 - June 30, 2017, Term limit waived

 

Larimer County Interagency Oversight Group:

Jim Byrne, Reappointment, 3 year (s), July 1, 2014 - June 30, 2017

Cyndi Dodds, Reappointment, 3 year (s), July 1, 2014 - June 30, 2017

Katharine Ellison, Reappointment, 3 year (s), July 1, 2014 - June 30, 2017

Dale Lake, Reappointment, 3 year (s), July 1, 2014 - June 30, 2017

Josi McCauley, Reappointment, 3 year (s), July 1, 2014 - June 30, 2017

David Murphy, Reappointment, 3 year (s), July 1, 2014 - June 30, 2017

Randy Ratliff, Reappointment, 3 year (s), July 1, 2014 - June 30, 2017

Joe Thome, Reappointment, 3 year (s), July 1, 2014 - June 30, 2017

 

Office on Aging Advisory Council:

Jeff Arduino, Appointment, 3 year (s), July 1, 2014 - June 30, 2017

David Born, Reappointment, 3 year (s), July 1, 2014 - June 30, 2017, Term limit waived

Judith Jones, Reappointment, 3 year (s), July 1, 2014 - June 30, 2017, Term limit waived

Betty McBride, Reappointment, 3 year (s), July 1, 2014 - June 30, 2017

Rhonda Racicot, Appointment, 3 year (s), July 1, 2014 - June 30, 2017

Earl Stevens, Reappointment, 3 year (s), July 1, 2014 - June 30, 2017, Term limit waived

Sharon Zamora, Reappointment, 3 year (s), July 1, 2014 - June 30, 2017, Term limit waived

 

Open Lands Advisory Board:

Trudy Haines, Reappointment, 3 year (s), July 1, 2014, June 30 - 2017, Term limit waived

 

Parks Advisory Board:

Robert Harris, Reappointment, 3 year (s), July 1, 2014 - June 30, 2017

Ron Kainer, Reappointment, 3 year (s), July 1, 2014 - June 30, 2017

Deborah Shulman, Appointment, 3 year (s), July 1, 2014 - June 30, 2017

John Tipton, Reappointment, 3 year (s), July 1, 2014 - June 30, 2017

 

Planning Commission:

Sean Dougherty, Reappointment, 3 year (s), July 1, 2014 - June 30, 2017

Scott Glick, Reappointment, 3 year (s), July 1, 2014 - June 30, 2017, Term limit waived

Rudolph Zitti, Reappointment, 3 year (s), July 1, 2014 - June 30, 2017

 

Red Feather Lakes Planning Advisory Committee:

Janice Weixelman, Appointment, 3 year (s), July 1, 2014 - December 31, 2016

 

Rural Land Use Board:

Debra Herston, Reappointment, 3 year (s), July 1, 2014 - June 30, 2017

 

Weld/Larimer Revolving Loan Fund:

Guner Gardenhire, Appointment, 3 year (s), July 1, 2014 - December 31, 2017

 

M O T I O N

 

Commissioner Gaiter moved that the Board of County Commissioners approve the recommended appointments as listed.

 

Motion carried 3-0.

 

9.         CONSIDER CREATING AN ASSISTANT COUNTY MANAGER ROLE TO OVERSEE COUNTY INTERNAL SERVICES:  Ms. Hoffmann proposed creating an appointed Assistant County Manager position to oversee internal services, in order to allow Neil Gluckman to take the lead on economic development activities for the County.  Ms. Hoffmann recommended filling the newly created position with the existing Human Resources Director, Lorenda Volker.  Discussion ensued, and the Board fully supported this proposal.

 

M O T I O N

 

Commissioner Gaiter moved that the Board of County Commissioners approve creating an appointed Assistant County Manager position to oversee internal services, and set the salary for the position at an annual salary of $136,000.

 

Motion carried 3-0.

 

10.       COUNTY MANAGER WORKSESSION:  Ms. Hoffmann explained that the Department of Local Affairs is accepting requests for addition needs for flood related areas.  She noted that she has drafted a letter prioritizing the positions and needs for Larimer County and requested Board approval on the same.  Consensus of the Board was to authorize the Chair to sign the letter on behalf of Larimer County.

 

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

 

12.       LEGAL MATTERS:   Mr. Ressue presented a resolution pursuing acquisition of property on County Road 27, pertaining to Paulanna Property Holdings, LLC.  He noted that they are still working with the property owner and hope to reach an agreement; however, because of the short time-frame to start construction, they need to be in a position to pursue eminent domain if necessary. 

 

M O T I O N

 

Commissioner Johnson moved that the Board of County Commissioners approve the resolution pursuing acquisition of property on County Road 27, pertaining to Paulanna Property Holdings, LLC.

 

Under discussion of the motion, Chair Donnelly stated that he has always defended private property rights; however, this is the process that the county has always used for acquisition of right-of-way when deemed necessary for public health and safety, so he supports this measure. 

 

Motion carried 3-0.

 

There being no further business, the meeting adjourned at 10:45 a.m.

 

 

 

                                                                                              _______________________________

 TOM DONNELLY, CHAIR

BOARD OF COMMISSIONERS

 

 

ANGELA MYERS

CLERK AND RECORDER

 

ATTEST:

 

 

__________________________________________

Gael M. Cookman, Deputy Clerk

 

 

__________________________________________

Tamara L. Slusher, Deputy Clerk

Background Image: Rocky Mountain National Park by Sue Burke. All rights reserved.