> Meetings & Minutes > Commissioners' Minutes > BCC Minutes for 02/16/15  

MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

 

 

Monday, February 16, 2015

 

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

 

TUESDAY, FEBRUARY 17, 2015

 

ADMINISTRATIVE MATTERS

 

The Board of County Commissioners met at 9:00 a.m. with Linda Hoffmann, County Manager. Chair Gaiter presided and Commissioners Donnelly and Johnson were present. Also present were: Donna Hart, Lori Hodges, and Deni LaRue, Commissioners’ Office; Ismael Oropeza, Workforce Center; Rob Helmick and Terry Gilbert, Planning Department; Eric Tracy, Engineering Department; Marc Engemoen, Public Works Department; David Aryaud, William Ressue, and George Hass, County Attorney’s Office; and Dana Polley, Deputy Clerk.

 

Chair Gaiter opened the meeting with the Pledge of Allegiance.

 

1.         PUBLIC COMMENT:  There was no one present for comment.

 

2.         APPROVAL OF THE MINUTES FOR THE WEEK OF FEBRUARY 9, 2015:  Chair Gaiter requested to postpone approval of the minutes until next week to allow for additional time to review them.

 

3.         REVIEW OF THE SCHEDULE FOR THE WEEK OF FEBRUARY 23, 2015 : Ms. Hart reviewed the upcoming schedule with the Board.

 

4.         CONSENT AGENDA:  Chair Gaiter requested to pull item #3 under Miscellaneous off of the agenda.

 

M O T I O N

 

Commissioner Johnson moved that the Board of County Commissioners approve the consent agenda, with the exception of item #3 under Miscellaneous, as outlined below:

 

02172015A001           MODIFICATION OF GRANT OR AGREEMENT BY AND BETWEEN LARIMER COUNTY AND THE U.S. FOREST SERVICE, RE: COUNTY ROAD 47

 

02172015A002           MODIFICATION OF GRANT OR AGREEMENT BY AND BETWEEN LARIMER COUNTY AND THE U.S. FOREST SERVICE, RE: COUNTY ROAD 44H

 

MISCELLANEOUS:  Stipulation as to Tax Year 2014 Value – Advance Tank and Construction Co.; Recommended Mid-term Appointment of Diane Brotemarkle to the Berthoud Community Library District Board of Trustees to fill the unexpired term of Davon Cook through December 31, 2015; Colorado Department of Labor and Employment (CDLE) Property Requisition Authorization Form (PRAF).

 

Motion carried 3-0.

 

5.         COMMENTS FROM COMMISSIONERS’ GUESTS:  There were no guests for comment.

 

6.         DISCUSSION OF ITEM #3 UNDER MISCELLANEOUS ON THE CONSENT AGENDA :  Mr. Oropeza explained to the Board that they have been working with Fleet in regards to this purchase and plan to put the equipment onto the replacement plan. There was some further discussion regarding what this piece of equipment will be used for and explanation of the Conservation Corps Program.

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners approve item #3 under Miscellaneous on the consent agenda.

 

Motion carried 3-0.

 

7.         RED FEATHER LAKES PLANNING ADVISORY COMMITTEE SUPPORT OF RED FEATHER LAKES LIBRARY GRANT: Mr. Helmick explained that the Red Feather Lakes Library has submitted a grant application to enhance the exterior areas around the library. He requested that the Board approve a letter of support drafted by the Red Feather Lakes Planning Advisory Committee to be signed and sent. Additionally, he requested that the Board of County Commissioners send their own letter of support.

 

M O T I O N

 

Commissioner Johnson moved that the Board of County Commissioners approve the Planning Advisory Committee to submit a letter to GOCO Trust in support of the Red Feather Lakes Library application.

 

Motion carried 3-0.

 

M O T I O N

 

Commissioner Johnson moved that the Board of County Commissioners direct the Chairman to draft and sign a letter to GOCO supporting a grant for the Red Feather Lakes Library District.

 

Motion carried 3-0.

 

8.         DISCUSSION OF PROCESSES AND SCHEDULE FOR POTENTIAL CHANGES TO FLOODPLAIN REGULATIONS:  Mr. Gilbert stated that the Board had requested staff look at several different options regarding the floodplain regulations: option #1, no change; option #3, amend the code to allow substantially damaged structures to be rebuilt if damaged by anything other than a flood; option #5, high hazard classifications; and to look into buyouts of the properties in the area. He explained that there are currently 89 homes on the list for potential buyout. The purchase of these properties and putting them back into a natural state would cost $7 million. Some discussion followed regarding the funding that will be used for these buyouts.

 

Mr. Gilbert presented the Board with a schedule for option #3, amending the Code to allow substantially damaged structures to be rebuilt if damaged by anything other than a flood. Some discussion continued regarding the specifics of the schedule. Commissioner Johnson expressed his desire to see these changes made by June, 2015. He also requested that staff research other cities and counties who have adopted high hazard classification into their code and what was entailed in this process to help expedite our process of adopting high hazard classifications. Commissioner Donnelly requested staff research the option of buying out properties in the area. 

 

9.         OFFICE OF EMERGENCY MANAGEMENT BUDGET AND STAFFING CONSIDERATION:  Ms. Hodges requested that the Board re-title the Director of Emergency Management and Recovery position to the Director of Emergency Management per county resolution signed November 2014, and re-classify the position from limited term to regular employment. Additionally, she requested approval to create the position of Emergency Management Coordinator under the Director of Emergency Management as a regular, full-time employee. And finally, she requested approval to create a budget for the Office of Emergency Management under the general fund in the amount of $266,000 to adjust for the new position and the needs of the Office to create a comprehensive program. This change leaves $159,647 in the Flood Recovery Fund 105 that can be used to fund other flood recovery needs.

 

M O T I O N

 

Commissioner Donnelly moved to approve re-titling the Director of Emergency Management and Recovery position to the Director of Emergency Management per county resolutions signed in November 2014, and re-classify the position from limited term to regular employment. Create the position of Emergency Management Coordinator under the Director of Emergency Management as a regular employee. Create a budget for the Office of Emergency Management under the general fund in the amount of $266,000 to adjust for the new position and the needs of the office to create a comprehensive program.

 

Motion carried 3-0.

 

10.       PUBLIC HEARING ON THE MODEL TRAFFIC CODE ORDINANCE:

 

M O T I O N

 

Commissioner Johnson moved that the Board of County Commissioners open a public hearing for the Model Traffic Code Ordinance.

 

Motion carried 3-0.

 

Mr. Ayraud presented the Board with the ordinance. There was some discussion regarding the language of the ordinance.

 

Chair Gaiter asked if anyone was present to comment on this issue.  There was no one present.

 

M O T I O N

 

Commissioner Johnson moved that the Board of County Commissioners approve the Model Traffic Code Ordinance.

 

Motion carried 3-0.

 

02172015O001           ORDINANCE FOR THE REGULATION OF TRAFFIC BY THE COUNTY OF LARIMER, COLORADO; ADOPTING BY REFERENCE THE 2010 EDITION OF THE “MODEL TRAFFIC CODE” REPEALING ALL ORDINANCES IN CONFLICT; AND PROVIDING PENALTIES FOR VIOLATION THEROF.

 

M O T I O N

 

Commissioner Johnson moved that the Board of County Commissioners close the public hearing for the Model Traffic Code Ordinance.

 

Motion carried 3-0.

 

11.       COUNTY MANAGER WORKSESSION:  Ms. Hoffmann mentioned two meetings that she attended. One meeting was with the Flood Recovery Advisory Committee where they discussed the Community Development Block Grant Disaster Recovery money. The second meeting was regarding fire recovery. The State said that they were going to honor the letter the County sent in December 2013, and not send any more invoices for High Park Fire recovery expenses.

 

12.       COMMISSIONER ACTIVITY REPORTS: The Board reviewed their activities at events during the previous week.

 

13.       LEGAL MATTERS:   Mr. Hass presented the Board with the Animal Arts Design Studio, Inc Contract and the Ditesco Project & Construction Services Contract. Some discussion followed regarding the specifics of the contracts.

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners approve the Animal Arts Design Studio, Inc Contract.

 

Motion carried 3-0.

 

02172015A004           CONTRACT FOR PROFESSIONAL SERVICES BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS OF LARIMER COUNTY AND ANIMAL ARTS DESIGN STUDIO, INC

 

M O T I O N

 

Commissioner Johnson moved that the Board of County Commissioners approve the Ditesco Project & Construction Services Contract.

 

02172015A003           CONTRACT FOR PROFESSIONAL SERVICES BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS OF LARIMER COUNTY AND DITESCO PROJECT & CONSTRUCTION SERVICES

 

Motion carried 3-0.

 

Mr. Hass requested that the Board go into executive session for legal advice regarding Animal Facility Sales Tax Case as outlined in 24-6-402 (4)(b) C.R.S.

 

M O T I O N

 

Commissioner Donnelly 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 recessed at 10:50 a.m.

 

 

LAND USE HEARING

 

The Board of County Commissioners reconvened at 3:00 p.m. with Matt Lafferty, Principal Planner. Chair Gaiter presided and Commissioners Donnelly and Johnson were present. Also present were: Rob Helmick, Brenda Gimeson, and Michael Whitley, Planning Department; Traci Shambo, Engineering Department; William Ressue, County Attorney’s Office; and Dana Polley, Deputy Clerk.

 

Chair Gaiter opened the hearing with the Pledge of Allegiance.

 

Mr. Lafferty noted that item #5 on the agenda, Larimer County Urban Area Street Standards Updates, are technical revisions and there is no one present to discuss this item. Therefore, he suggested this item be moved to the consent agenda.

 

Chair Gaiter then moved item #5 onto the consent agenda and noted that the following items were on the consent agenda and would not be discussed unless requested by anyone in attendance:

 

1.         HIGH DRIVE HEIGHTS SUBDIVISION LOTS 1 & 2 DIVISION 8 AMENDED PLAT:   This is a request to adjust an internal lot line between two lots of record, vacate unused Larimer County right-of-way, dedicate public access along an actual traveled way of Larkspur Drive, and dedicate a private access and utility easement to the vacant lot.  No new lots are being created.

 

The lots are zoned E Estate and located in the unincorporated Estes Valley.  Lot 2 currently utilizes a water well located on Lot 1 (which the applicant also owns), and is serviced by public sewer and electric services.  Lot 1 is undeveloped, but will have access to public utilities through the dedication of an access and utility easement across a neighboring property.  An existing single family home, built in 1961, currently extends over the internal lot line that the applicant wishes to move.  Absent of moving the entire house, the only way to remedy this zoning violation is to amend the internal lot line.

 

Based on the review criteria, the Estes Valley Planning Commission made the following findings on January 6, 2015:

 

  1. The Amended Plat application complies with EVDC §3.9.E. Subdivisions Standards for Review

 

  1. The Planning Commission is the Recommending Body to the County Commissioner for the proposed Amended Plat.

 

  1. If revised to comply with recommended conditions of approval, the application will comply with applicable sections of the Estes Valley Development Code.

 

  1. Approval of this application will not be materially detrimental to the public welfare, injurious to other property in the neighborhood, or in conflict with the purposes and objectives of the EVDC.

 

During the January 6, 2015 meeting the Planning Commission voted 4-0 (one abstained, two absent) to recommend approval of the Amended Plat application with the following conditions:

 

  1. The applicant shall add a note to the Final Plat and provide a disclosure document for recording that addresses the following:

 

    1. The existing shed, as labeled on the Preliminary Amended Plat, shall be removed and comply with applicable setback requirements prior to development permits for Lot 1A; and
    2. Should Lot 1A or Lot 2A connect to public water service, the existing well located on Lot 2A shall be abandoned or an approved backflow prevention device shall be installed.

 

  1. Should the submitted variance request to lot width be denied, the applicant shall revise the application to comply with the minimum lot width requirement.

 

  1. Larimer County approval and recording of proposed public access and utility easements along Larkspur Road.

 

  1. Approval and recording of the private access and utility easement for Lot 1A.

 

  1. Compliance with the following agencies comments:
    1. Town Utilities memo dated December 4, 2014.
    2. Estes Valley Fire Protection District memo dated December 5, 2014.
    3. Larimer County Engineering email dated December 9, 2014.
    4. Larimer County Health Department memo dated December 15, 2014.
    5. Town of Estes Park Community Development memo dated December 18, 2014.

 

2.         BIG VALLEY HOMESTEADS II RLUP LOT 1 AMENDED PLAT AND EASEMENT VACATION, FILE #15-S3276:  This is a request for an Amended Plat to adjust the location of the building envelope on Lot 1 of the Big Valley Homesteads II RLUP and to vacate and relocate a portion of the drainage easement on Lot 1.

 

The applicant proposes to amend Lot 1 of the Big Valley Homestead RLUP.  This amendment will expand the size of the existing building envelope, and vacate and relocate portions of the drainage easement on said lot.  The applicant has indicated that the amendments will better accommodate a proposed house location on the property, as the existing placement of the existing garage and drainage confine the placement of a proposed residence.

 

Based on the review criteria, the Development Service Team finds that the proposed application to amend Lot 1 of the Big Valley Homestead RLUP will meet the requirements of the Larimer County Land Use Code for an Amended Plat.  However, prior to recordation the applicant will need to provide additional information pertaining to the relocation of the drainage swale and make the noted technical revisions found in the referral agencies comments.

 

Therefore, the Development Services Team recommends approval of the Amended Plat of Lot 1 of the Big Valley Homesteads II RLUP, file #15-S3276, including the vacation and relocation of the 20 foot wide drainage easement located bisecting the lot, subject to the following conditions and authorization for the chairperson to sign the plat when the conditions are met and the plat is presented for signature:

 

1.   All conditions of approval shall be met and the Final Amended Plat recorded by August 17, 2015, or this approval shall be null and void.

 

2.   Prior to the recordation of the Final Amended Plat the applicant shall make the technical corrections required by Brian Helminiak, Land Surveyor of the Larimer County Engineering Department.

 

3.   The vacation of the utility easement and the reconfiguration of the lots lines shall be finalized at such time when the plat and findings and resolution of the County Commissioners are recorded. 

 

4.   Prior to recordation of the Final Amended Plat the applicant shall provide, for review and approval by the Engineering Department, detailed construction plans for the relocation of the drainage swale.  Said requirements can be found in the referral comment letter from Clint Jones, Engineer, dated January 28, 2015.

 

3.         CAMPION INDUSTRIAL PARK CONDOMINIUM MAP AMENDMENT FILE #15-S3277:   This is a request to amend the Campion Industrial Park Condominium Map to combine units C and D of Building 225.

 

The property is located in Campion on the north side of Larimer County Road 14 on the east side of the railroad tracks.  The property is zoned I-Industrial.  The original Campion Industrial Park Condominium map was completed in 2007 with 15 units.  This proposal is to combine two of the previously platted units (Units C and D) of building 225 into one unit.  No other changes are proposed to any of the remaining units.

 

Based on the review criteria, staff finds that the request meets the requirements of the Larimer County Land Use Code. Therefore, staff recommends approval of the Campion Industrial Park Condo Map Amendment, file #15-S3277, subject to the following condition and authorization for the chairperson to sign the plat when the condition is met and the plat is presented for signature.

 

1.   All conditions of approval shall be met and the Final Condominium Map recorded by August 17, 2015, or this approval shall be null and void.

 

5.         LARIMER COUNTY URBAN AREA STREET STANDARDS UPDATES : This is a request to make changes to the LCUASS- Chapter 16 (Pedestrian Facilities), Chapter 22 (Materials and Construction Specifications), Chapter 25 (Reconstruction and Repair), and Appendix A (Standard Drawings)).

 

The Larimer County Urban Area Street Standards (LCUASS) are a comprehensive urban-level set of engineering design and construction standards used within the city limits and growth management areas of the Cities of Fort Collins and Loveland.   The document guides the design of both private developments and public engineering capital projects.  

 

The standards represent a collaborative effort between Larimer County, Fort Collins, and Loveland and they are enforced through intergovernmental agreements.  Since the original inception of the standards in 2001, one major revision of the document was adopted in October 2002. Two more updates, which mostly included technical revisions, were adopted in 2007 and 2013.

 

The Larimer County Urban Area Street Standards (LCUASS) is a living document that requires periodic amendments and revisions to keep it current with department policy changes and technical changes in the industry.

 

The vast majority of the document applies consistently to all three entities.  However, there are some items, sections, or appendices that only apply to one or more of the entities due to differing interests, requirements and/or policies.  It should be noted that although not all of the sections of the LCUASS are applicable within the unincorporated areas of Larimer County, Larimer County still needs to approve any changes to the document as required in Section 1.6.

 

Section 1.6 of the LCUASS outlines how changes to the document shall be made. This section describes “Policy Revisions” as major changes that will cause significant increased cost or controversy and describes “Technical Revisions” as minor additions, revisions, and corrections necessary to better conform to current engineering and/or construction standards or practices. This section also specifically states “For unincorporated Larimer County, any revision, whether “policy” or “technical” shall become effective only after approval by the Larimer County Board of County Commissioners, following receipt of recommendation from Larimer County Staff”. 

 

The section below summarizes the changes within the four sections of the LCUASS proposed for revision: Chapter 16 (Pedestrian Facilities), Chapter 22 (Materials and Construction Specifications), Chapter 25 (Reconstruction and Repair), and Appendix A (Standard Drawings). 

 

1.   Chapter 16 (Pedestrian Facilities)

 

Chapter 16 (Pedestrian Facilities) is an update to the sidewalk thickness requirement to be 6” in all cases. This change was implemented with the revisions in 2007 but the change was not reflected in this paragraph of this Chapter. 

 

2.   Chapter 22(Materials & Construction Specifications) & Chapter 25(Reconstruction & Repair)

 

These two Chapters include updates to the asphalt pavement terminology and specifications and methods sections to reflect current asphalt industry standards. The proposed changes were initiated by a collection of stakeholders from the public and private sector, including the Colorado Asphalt Pavement Association (CAPA) and local asphalt designers, manufactures, and contractors. 

 

Appendix A – Standard Drawings

 

This includes updates to selected standard drawings pertaining to ADA curb ramps and driveway approaches in order to reflect current industry standards and provide clearer and more detailed guidance.

 

Based on public outreach, staff finds the following and recommends approval of the proposed amendments to Chapter 16, 22, 25 and Appendix A of the Larimer County Urban Area Street Standards:

 

1.   Adoption of the update is important to maintain the collaborative effort between the three jurisdictional entities, and implement a consistent set of engineering design standards in the region.   

2.   Updates to the Larimer County Urban Area Streets Standards is periodically necessary due to changes in national, state and regional references, refinement of design standards, and identification of ‘clean up’ items within the document. 

3.   These changes are considered a technical revision and are not anticipated to result in any significant additional cost to persons affected by the revision.

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners approve the consent agenda as outlined above.

 

Motion carried 3-0.

 

4.         FORT COLLINS WATERWORKS PAVING APPEAL FILE #15-G0281:   This is a request to not require a parking lot be paved as required by Section 8.6.3 of the Larimer County Land Use Code.

 

The Poudre Landmarks Foundation leases the Old Fort Collins Waterworks site as a cultural and educational site.  Through their consultant, an application for a Site Plan Review to add parking and to further enhance the site for their purposes was submitted.  As a part of the review of the site plan, it was determined that the parking lot(s) as proposed, would not meet the standards of the Larimer County Land Use Code, specifically the parking lot is proposed to be a road base surface rather than paved.  The paving standard stipulates that if a lot has access to a paved road the lot should be paved.  Additionally if the lot is seasonal, it may not be required to be paved.  In this case, the use is occasional, 2-3 times a week and 3-4 events per year, but year round.

 

The paving standard is one, which causes more dialog than any other standard.  For uses that are occasional, or uses that are associated with non-profit or community uses this discussion often takes place and the paving can be a costly item that can affect the viability of one of these projects. 

 

Based on the review criteria, the Development Services Team finds, with respect to this request that the applicant in this case is providing a public service and preserving cultural resources.  The parking lot improves access to a site, which is currently used for educational purposes.  Adding the cost of paving may create a burden for the applicant causing them to expend funds on the paving rather than restoration of the structures on site and the improved educational resource.

 

There does not appear to be evidence, which would suggest that an unpaved lot in this case creates a safety or health hazard.  The standard in the LaPorte area and in any GMA would be to pave the lot and access lanes.  The City of Fort Collins however does not require paving of its Natural Areas parking lots whether in the GMA or not.  The frequency of use and the intensity of use are not that of a more intense commercial use.  The applicant is providing for concrete paved handicapped parking as required. 

 

Although the code provides that all parking such as this be paved, there are clearly arguments in favor of either case. 

 

Mr. Helmick gave a brief presentation on this item. There was some discussion between the Board and staff regarding the pavement requirements and the specifics of this lot.

 

Chair Gaiter then invited the applicant, Peter Stewart, to address the Board regarding this application. Mr. Stewart briefly discussed the historical significance of the property and requested that the Board grant this appeal.

 

Chair Gaiter then opened the hearing for public comment. Joan Welch approached the Board and asked if this application could go through the special review process. Becky Douglass also approached the Board and stated that she has concerns regarding lighting.

 

Chair Gaiter closed public comment. Commissioner Johnson requested the applicant work with the LaPorte Area Planning Advisory Committee to gather any community input or questions regarding this application. The applicant indicated that their client would be willing to engage the public regarding this project.

 

Commissioner Donnelly mentioned that the Board of County Commissioners tries to help LaPorte citizens have a voice in issues pertaining to them as they do not have their own governing body.

 

M O T I O N

 

Commissioner Johnson moved that the Board of County Commissioners approve the Fort Collins Waterworks Paving appeal file#15-G0281.

 

Motion carried 3-0.

 

The Board adjourned at 3:40 p.m.

 

 

 

                                                                                              _______________________________

 LEW GAITER III

BOARD OF COMMISSIONERS

 

 

ANGELA MYERS

CLERK AND RECORDER

 

ATTEST:

 

 

__________________________________________

Dana S. Polley, Deputy Clerk