MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

 

 

Monday, FEBRURY 11, 2019

 

LAND USE HEARING

 

The Board of County Commissioners met at 3:00 p.m., with Carol Kuhn, Principal Planner. Chair Donnelly presided, and Commissioner Johnson and Commissioner Kefalas were present. Also present were: Karin Madson, Code Compliance; Lesli Ellis, Community Development Director; Jennifer Cram, Community Development; Tracey Shambo, Engineering; Lea Schneider, Health Department; Jeanine Haag, County Attorney; and Deirdre O’Neill, Deputy Clerk.

 

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

 

1.          KILL CARE SUBDIVISON LOTS 05 AND 06 LOT CONSOLIDATION, FILE #18-LAND3858: The applicant is requesting to consolidate Lots 05 and 06 of the Kill Care Subdivision located at 74 Canyon Road, Drake, Colorado. The Kill Care Subdivision was platted in 1909 and the existing residence was constructed in 1926 across the common property line for Lots 05 and 06. All lots and the surrounding area are zoned O-Open, as noted above. Lots 05 and 06 have been considered one lot for many years and share parcel number 2521105005. No platted easements are proposed to be vacated with this lot consolidation. Lots 05 is currently 0.66 acres. Lot 06 is 0.66 acres. The proposed consolidation of Lots 05 and 06 will result in one lot totally approximately 1.32 acres. The existing residence and a proposed addition do not meet the required setbacks for the O-Open zone district and are subsequently requesting setback variances under separate application #18-ZONE2470.

 

The Larimer County Land Use Code (Section 5.7.3) allows for the approval of a Lot Consolidation if the following review criteria are met:

 

            A.        No additional lots will be created by the lot consolidation.

 

No additional lots will be created. The number of lots will decrease by one.

 

B.         The resultant lots will meet the required minimum lot size of the applicable zoning district and the lot dimension ratio required by subsection 8.14.1.H. If any of the lots are nonconforming with respect to the minimum lot size or the lot dimension ratio, the amended plat must not increase the nonconformity.

 

The Kill Care Subdivision was recorded in 1909. The minimum lot size in the O-Open zone district is currently 10 acres. Both lots are nonconforming about current requirements for minimum lot size. The subsequent lot consolidation to create one lot at approximately 1.32 acres will make the new lot larger and thus will better conform to the minimum lot size. The existing lots are rectangular. The resultant lot will still be rectangular and less narrow, thus meeting the lot dimension ratio required by subsection 8.14.1.H as it will be approximately 334 feet long by 176 feet wide.

 

C.         The lot consolidation will not create a nonconforming setback for any existing building:

 

The existing residence and a proposed addition do not meet the required setbacks for the O-Open zone district and are subsequently requesting setback variances under separate variances under separate application #18-ZONE2470.

 

D.        The resultant lots will meet the requirements of subsection 8.14.1.1. Lots cannot be divided by a municipal or county boundary line, road, alley, or another lot.

 

The lots will not be divided by a municipal or county boundary line, alley or another lot. The existing road, Canyon Road, was platted through the lots. This will not change as a result of the lot consolidation.

 

E.        The Lot consolidation will not adversely affect access, drainage or utility easements or rights-of-way serving the property or other properties in the area.

 

There are no proposed changes to the existing access or drainage.

 

F.         Any covenants, deed restrictions or other conditions of approval that apply to the original lots must also apply to the resultant lots and be noted on the final plat, except those changes to a condition or note on a plat that are approved with this application. The County Commissioners shall consider the original reason or circumstance for a condition or note on a plat when approving a change.

 

Any existing covenants, deed restrictions and other conditions of approval which applied to the original lots will continue to apply to the new lots.

 

The proposed Lot Consolidation of Lots 05 and 06 of the Kill Care Subdivision will not adversely affect any neighboring properties or any County agency. The consolidation will not result in any additional lots. Staff finds that the proposed request meets the requirements of the Larimer County Land Use Code.

 

The Development Services Team recommends approval of the Lot Consolidation of Lots 05 and 06 of the Kill Care Subdivision, File # 18-LAND3858, subject to the following conditions:

 

 1.        All conditions of approval shall be met, and the final resolution recorded by August 12, 2019, or this approval shall be null and void.

 

 2.        The resultant lot is subject to all covenants, deed restrictions, or other conditions that apply to the original lots.

 

MOTION

 

Commissioner Johnson moved that the Board of County Commissioners approve the Consent Agenda item as outlined above

 

Motion carried 3-0

 

 

2.         FIRST READING FOR AN AMENDMENT TO THE ORDINANCE CONCERNING ACCUMULATION AND REMOVAL OF RUBBISH, ORDINANCE 062020170001, TO REVISE THE SECTION 4.7 DEFINITION OF “RUBBISH” FILE #19-CODE0233:   As noted below, the adoption process for changes to an ordinance differs from the adoption of a resolution or code amendment. Today’s hearing is a “first reading”. There will then be a public hearing on the proposed changes, which is scheduled for March 11, 2019 at 3 p.m. on which date the amendments could be adopted. The proposed changes modify the definition of “rubbish”. This changed is proposed at the request of Code Compliance staff.

 

The state statute that authorizes counties to adopt a rubbish ordinance does not define rubbish, so the County is free to come up with a definition. The current language is problematic because it requires Code Compliance staff to determine the state of mind or intent of the property owner with respect to items, such as whether an item is unwanted, worthless, not needed, abandoned, discarded, etc. The County Attorney’s Office has provided direction for the proposed change and a suggested definition as noted below.

 

Proposed Changes:

 

Replace the existing definition of rubbish with a revised definition.

 

Existing section 4.7 reads:

 

“Rubbish” means any trash, junk, garbage, litter, refuse, debris, lawn or garden waste, remnant or discarded construction or remodeling or repair materials, unlicensed or inoperable motor vehicles including without limitation mobile or manufactured homes, motor vehicle parts or tires, newspapers, magazines, packaging materials, waste paper or cardboard, dead animal carcasses, unwanted or discarded household items including but not limited to appliances and furniture, metal, scrap, any other item that has been abandoned or discarded, and any object or material which causes or is likely to cause a public hazard or nuisance. Rubbish does not include collector’s items properly stored in accordance with 42-12-103, Colorado, Revised Statutes.

 

Revised section 4.7 to read:

 

Rubbish: means any trash, junk, garbage, litter, refuse, debris, scrap, lawn or garden waste, unlicensed or inoperable motor vehicles or mobile or manufactured homes, dead animal carcasses, and any object or material which causes or is likely to cause a public hazard or nuisance. Rubbish does not include collector’s items properly stored in accordance with 42-12-103 Colorado, Revised Statutes.

 

Karin Madson, Code Compliance read the above existing ordinance as well as the revised ordinance.

 

Commissioner Kefalas had a question on the revised definition of the term Rubbish particularly related to lawn or garden waste. There was some discussion between Jeannine Haag, County Attorney and staff.

 

Chair Donnelly explained that there will be a public hearing on the revised ordinance on March 3, 2019 at 3 p.m.

 

With no further matters to discuss, the board recessed until 6:30 p.m.

 

 

                                                LAND USE HEARING

 

The Board of County Commissioners reconvened at 6:30 p.m., with Carol Kuhn, Principal Planner. Chair Donnelly presided, and Commissioner Johnson and Commissioner Kefalas were present. Also present were: Lesli Ellis, Community Development Director; Rob Helmick, Community Development, Mark Peterson, Engineering Department; Lea Schneider, Health Department; Todd Blomstrom, Public Works Director; Jeanine Haag, County Attorney; Bill Resue, Deputy County Attorney; and Deirdre O’Neill, Deputy Clerk.

 

Discussion Item Removed from March 26, 2018, tabled to July 9, 2018, tabled to July 23, 2018, tabled to August 1, 2018, continued to December 17, 2018, continued to January 28, 2019, continued to February 4, 2019, continued to February 11, 2019.

 

 

1.           THORTON WATER PROJECT 1041, FILE #18-ZONE2305: The City of Thornton proposes to obtain a 1041 permit for the construction of a 48” water transmission line, a 40 million gallon per day pumping facility, and other appurtenant facilities. 

 

The Developmental Services Team finds that the City of Thornton Water Project alignment proposal:

 

·   Is consistent with the Master Plan insuring the provision of adequate public facilities and insuring   public safety.

 

·   Causes no significant long-term impacts to the natural or man-made environment from the siting of the pipeline.

 

·   A reasonable alternative selected from multiple alternatives considered.

             

·   Identifies the needed permits and permissions and commits to obtain those prior to construction.

 

·   Demonstrates a reasonable balance between the costs to the applicant to mitigate significant adverse effects and the benefits achieved by such mitigation.

 

·   Includes project mitigation benefits to Larimer County offered by the City of Thornton and to be addressed through an Intergovernmental Agreement between the County and the City.

 

 RECOMMENDED CONDITIONS:

 

 Pre-Construction and Planning Conditions

 

1.         The activity authorized by this permit shall be consistent with the approved plans attachments A-E to this report and with the information contained in the City of Thornton Water Project File # 18-ZONE2305, except as modified by the conditions of approval.  The applicant shall be subject to all other verbal or written representations and commitments of record for the Thornton Water Project File # 18-ZONE2305.

 

2.         The approval of this pipeline designates a corridor along the alignment and deviations within the corridor 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.

 

3.         A geotechnical subsurface investigation shall be submitted to Larimer County during the design process for those portions of the alignment to be within County road right of way (ROW), to determine required trench backfill and compaction specifications, subgrade mitigation, and pavement design for areas disturbed by the pipeline installation.

 

4.         All construction activities shall only occur upon approval of the required County permits, including site plan review, building permits, development construction permits and access permits.  Furthermore, the City shall obtain and conduct construction activities in compliance with all required county, state, and federal permits (including but not limited to: right-of-way construction permit, Stormwater permit, floodplain permit, air quality, noise, groundwater discharge permit, etc.).

 

5.         The siting of the pump station shall be addressed in the site plan review and designed to reflect input from neighborhood residents and be consistent in style and character with the neighborhood (e.g. ranch or agrarian with landscape screening). 

 

6.         The City shall obtain all required and necessary crossing permit licenses and permissions for all ditch, roadway and other infrastructure crossings prior to commencing any construction. 

 

7.         At any locations where the City locates the pipeline outside of the existing County road ROW, it shall do so in a manner to either:  a) be located outside of the ultimate ROW width corresponding to the functional classification of the roadway or b) obtain and convey to Larimer County a road right-of-way easement for any additional pipeline easement widths falling within the ultimate roadway ROW.

 

8.         The City shall be required to, for those reaches of the alignment that are parallel to a County Road, to locate the pipeline within the ROW unless an easement for the pipeline can be obtained from a willing seller outside of the ROW.  This limitation does not apply to appurtenances and when there are unreasonable physical challenges to pipeline construction in the ROW as determined by the Larimer County Engineer.

 

9.         Offsite easements will be required for work areas outside of the county road ROW and shall be recorded and submitted to Larimer County prior to the issuance of a ROW permit.

 

Pipeline Coordination

 

10.       The final pipeline alignment location along County Line Road south of State Highway 14 shall be established based on input and recommendations from the Towns of Timnath, Windsor, and Johnstown as well as Larimer and Weld Counties, with respect to the pipeline being located within or outside of the public road right-of-way.

 

11.       If the County grants approval of both the Northern Pipeline project and approval of the Thornton Pipeline Project 1041 application, the following conditions apply:

 

a.    Individual pipeline alignments within unincorporated Larimer County shall be coordinated between Northern Water and the City of Thornton to arrive at a common final pipeline alignment with a maximum centerline pipe separation of 25 feet within locations were the two pipelines are parallel, or as otherwise approved by the County Engineer; 

 

b.     Construction of the Northern Water and Thornton pipeline segments shall be constructed concurrently at the following locations: 1.) starting where the alignments intersect south of Reservoir #3 continuing along the alignment to north of the Eagle Lake subdivision, and 2.) from South west of North Poudre Reservoir #10 to CR 13.

 

12.       Larimer County Engineering staff shall be invited to attend regularly scheduled coordination meetings during construction - at a frequency to-be-determined - to understand planned construction activities and stay abreast of issues arising from construction impacts to County infrastructure or the public.

 

13.       A County ROW work permit will be required to be obtained for each perpendicular crossing or contiguous segment of pipeline to be located within County ROW.

 

Utility and Well and Septic Coordination

 

14.       The City of Thornton shall be responsible for arranging for and paying all costs of utility relocations and irrigation company requirements necessary to accommodate the water pipeline in the road ROW. 

 

15.       The City shall be responsible for all costs associated with the replacement of existing storm drainage infrastructure, culverts, roadway signage, pavement striping/symbols, landscaping and property fencing necessary to accommodate the water pipeline in the road ROW.

 

16.       On-site wastewater treatment systems (OWTS) and other private, on-site services for residences along the Alternative 3 (Option C) Corridor shall be identified as part of the final design plans and in the field prior to construction.

 

17.       The City shall be responsible for arranging for and paying all costs of damage or relocation of private property services as necessary to accommodate the water pipeline Corridor if a reasonable alternative is not possible.

 

18.       In the event septic system and/or well components are damaged during construction activities, the City will be responsible for immediate repair/replacement and all associated costs to prevent extended disruption of the property owner's quality of life.

 

Roadway Restoration

 

19.       The pipeline alignment in ROW shown in the 1041 application and attachment C in the Engineering Memo, Routing and ROW map (red sections on the map), is considered conceptual in nature and demonstrates the general location of the pipeline alignment.  The City shall prepare final design plans and specifications for alignments in ROW for review and approval by the Larimer County Engineering Department.  Should it be discovered that the final design, in the County Engineer’s opinion, deviates significantly from the conceptual alignment to change the nature or impacts of the pipeline within the permit limits, the County reserves the right to require that the design and alignment be modified to address infrastructure and property impacts as deemed necessary by the County Engineering Department.

 

20.       The City shall stabilize and repave all pavement areas disturbed or damaged during pipeline installation in accordance with the Larimer County Urban Area Street Standards for work areas within the Growth Management Area (GMA) or Larimer County Rural Area Road Standards for work areas outside the GMA as directed by the County.

 

21.       If pipeline construction activities involve more than 100 lineal feet of disturbance to a paved roadway, the City of Thornton shall be responsible for pavement repairs and patching/overlay extending to the full limits (width) of the existing pavement.  This condition is in addition to the pavement patching requirements outlined in the preceding engineering condition above.

 

22.       Materials test reports, as per Larimer County standards, must be submitted to and approved by Larimer County for any work to take place within county road ROW.

 

 

Access Conditions

 

23.       The City of Thornton will always maintain access to all adjacent properties.

 

24.       Prior to commencing construction, the City shall submit a plan to the County Engineering Department for review and approval establishing construction requirements to provide safe and acceptable access for emergency responders, mail and package delivery, garbage pickup, and school bus stops for the duration of the project.

 

Construction Related Mitigation Measures

 

25.       The City of Thornton shall reimburse Larimer County for costs associated with County-provided construction observation/inspection staff and/or independent, supplemental geotechnical or materials testing deemed appropriate by the County Engineer for purposes of quality assurance/control.  Thornton shall also reimburse Larimer County for time and expenses incurred with project coordination, design review, permit review and processing and related project activities during the duration of project construction and closeout for the work conducted in unincorporated Larimer County.

 

26.       The City shall always allow for or insure access to Larimer County for inspections and construction observation throughout the corridor and for the term of the construction project.

 

27.       The City shall construct the pipeline in phases, subject to phasing plans to be approved by Larimer County Engineering Department.  Maximum open trench lengths will be defined in consultation with Thornton and are subject to approval by Larimer County Engineering Department.

 

28.       The City shall develop and provide Larimer County with accurate as-built horizontal and vertical survey data (state plane coordinates and elevations in NAVD 88) and GIS shapefiles describing the location of the pipeline and all appurtenant structures.

 

29.       The City shall provide Larimer County with as-built construction drawings certified by a Colorado registered professional engineer, for all portions of the pipeline located in unincorporated Larimer County.

 

30.       The City shall provide to Larimer County a pre-project video capturing existing conditions of the proposed water line installation corridor in and near the existing road ROW.

 

31.       The City shall establish and maintain a website with daily updates on the project describing the status of the project and the traffic impacts for that day, and the upcoming week.

 

32.       The City shall provide a public information contact with a phone number and email address that the public can contact to ask questions, express concerns or for project updates.

 

33.       Acceptable work days and hours for the project are subject to approval by the County Engineering Department.

 

34.       If a relocation of the Thornton pipeline should in the future be desirable to accommodate some other or enlarged use of the County road ROW by any party or entity other than the County, and provided that Thornton agrees to such relocation, then all expenses of such relocation shall be paid for entirely by the party or entity desiring such relocation.  If the relocation is to be made at the request of the County to accommodate changes in or improvements of public roadways or associated infrastructure, and not for purposes of accommodating any third party, then Thornton shall provide for pipeline relocations at the city of Thornton’s cost on a reasonable schedule established by the County Engineering Department.

 

35.       The City shall develop a comprehensive document describing best management practices (BMPs) to be employed for utility planning and construction that potentially affects developed, rural, wetland and riparian land areas or may involve stream crossings.  Such documentation shall include but not be limited to preconstruction and construction BMPs relating to surface water, erosion and sediment control and prevention; groundwater considerations and protection; topsoil conservation and restoration and vegetation/revegetation considerations.  The document shall also cover post-construction BMPs and monitoring requirements relating to these same topics.

 

36.       The City shall comply with maximum decibels for construction activities as outlined in the Larimer County Noise Ordinance. Any exceptions to these parameters must be approved by Larimer County.

 

37.       The City shall submit a noise mitigation plan with the final design plans of the Corridor outlining control methods that will be implemented during construction amongst residences.

 

Wildlife Mitigation and Revegetation Conditions

 

38.       The City shall coordinate all construction activities with and respect all seasonal avoidance requirements established by the CDPW and USFWS.

 

39.       There is a potential for raptor nests and burrowing owls to be encountered along the project pathway (depending upon time of year). If construction for the project is to take place between February 1 and July 31st, Thornton shall perform raptor surveys prior to construction and throughout the project to detect any new nests that may occur.

 

40.       The City shall work with the Larimer County Natural Resources Department-Weed Division to develop and implement a plan for control of noxious weeds during and post construction phases of the pipeline project. To avoid the spread of noxious weeds to other sites and to prevent new species from being introduced, all construction equipment shall be thoroughly cleaned prior to arriving on site and after construction is completed. Restoration of any sites should be of a mixture of native grasses and forbs. Any native trees that are removed should be replaced on a 3 to 1 basis, especially in the riparian areas of the Cache la Poudre and Little Thompson Rivers.

 

41.       The City shall limit pipeline construction to within the CR 56 ROW where it coincides with the boundary of Wellington State Wildlife Area-Cobb Lake Unit west of CR 3. If such a limitation is not feasible, Colorado Parks and Wildlife (CPW) requires a special use permit for commercial/industrial related activity/access on the State Wildlife Area property as well as a Real Estate Action Request (REAP) for easement access in the event of any permanent structures established on the property. In addition, CPW requests that timing of such construction does not occur from September 1 to the close of dark goose season, roughly February 17th.

 

42.       CPW also shall have additional opportunity to comment on potential impacts to the State Wildlife Area property, wildlife related activity, and reclamation of the impact site related to the construction of this project including weed control, dust control, wetland mitigation and public access throughout the planning and construction process.

 

 

43.       The IGA between the City of Thornton and Larimer County with respect to the project mitigation benefits listed in Section 12 of the Supplement 3 application and updated information dated January 10, 2018, shall be completed prior to issuance of a right of way or construction permit.

 

Intergovernmental Agreement (IGA) Addressing Other Benefits

 

44.       The City of Thornton and Larimer County will enter into an Intergovernmental Agreement with respect to the additional benefits as specified in Section 12.b of the Supplement 3 application and updated information dated January 10,2019. The IGA shall be executed by Larimer County and Thornton upon issuance by Larimer County of a 1041 permit for construction of the TWP in unincorporated Larimer County.

 

45.       Prior to issuance of a ROW or construction permit the city will contribute $1,000,000 to Larimer County for use at its discretion for mitigation of “off-site” impacts of TWP construction on transportation assets, or for transportation improvements that are important to the community.

 

46.       Thornton will work with Larimer County to identify and dedicate ROW on Thornton-owned property located adjacent to Turnberry Road between Douglas Road and County Road 56 to facilitate Larimer Counties transportation objectives, including the realignment of Turnberry Road through Thornton’s property to improve the safety and efficiency of the road for the residents of the county.     

 

47.       Approval of the Thornton Water Project pipeline within unincorporated Larimer County is expressly limited to conveyance of water associated with the water supply ad Storage Company and Jackson Ditch Company shares owned by Thornton on January 5,2018 and that are subject to the Decree on Remand in 87CW332, District County, Water Division No. 1 entered March 9, 1998 (the Decree). The amount of water Thornton may use is limited by the terms and conditions of the Decree, including the volumetric limitations identified in Section 62.4.2 of the Decree.

 

 

1041 Review regulations which include 12 criteria:

 

1.         The proposal is consistent with the master plan and applicable intergovernmental agreements affected land use and development.

 

2.         The applicant has presented reasonable siting and design alternatives or explained why no reasonable alternatives are available.

 

3.         The proposal conforms with adopted county standards, review criteria and mitigation requirements concerning environmental impacts, including but not limited to those contained in Section 8 of this Land Use Code.

 

4.         The proposal will not have a significant adverse effect on or will adequately mitigate significant adverse effects on the land or its natural resources, on which the proposal is situated and on lands adjacent to the proposal.

 

5.         The proposal will not adversely affect any sites and structures listed on the State or National Registers of Historic Places.

 

               6.         The Proposal will not negatively impact public health and safety.

 

7.         The Proposal will not be subject to significant risk from natural hazards including floods, wildfire or geologic hazards.

 

8.         Adequate public facilities and services are available for the proposal or will be provided by the applicant, and the proposal will not have a significant adverse effect on the capability of local government to provide services or exceed the capacity of services delivery systems.

 

9.         The applicant will mitigate any construction impacts to county roads, bridges and related facilities. Construction access will be re-graded and re-vegetated to minimize environmental impacts.

 

10.       The benefits of the proposed development outweigh the losses of any natural resources or reduction of productivity of agricultural lands as a result of the proposed development.

 

11.       The proposal demonstrates a reasonable balance between the costs to the applicant to mitigate significant adverse effects and the benefits achieved by such mitigation.

 

12.       The recommendations of staff and referral agencies have been addressed to the satisfaction of the County Commissioners.

 

Chair Donnelly asked Rob Helmick, Senior Planner to give a brief overview of the project.

 

Mr. Helmick went over the timeline of the Thornton Water Project as well as let staff know that they have continued posting information to the web. Mr. Helmick also mentioned that conditions 44-47 have been added.

 

Chair Donnelly invited Mark Koleber, Thornton Water Project Director to address the Board and present Rebuttal arguments for the City of Thornton.

 

Mr. Koleber explained that they have engaged in extensive public outreach and have made revisions based on public comment. He mentioned that according to planning staff their application meets all the 1041 criteria and staff has recommended approval.

 

Mr. Koleber mentioned that the 1041 permit provides for reasonable regulations but does not allow a community to prohibit those activities. He explained that all water suppliers must look beyond their service area boundaries to provide a safe, reliable water supply for their residents.

 

Mr. Koleber continued with his rebuttal speaking to several comments that were made including reasonable alternatives, use of right-of-way, pump station zoning, capacity, and explained that this proposal was never intended to run on a 24 hour a day basis.

 

Mr. Koleber went over the benefits to Larimer County including the health of the Poudre River. He explained that Thornton is committed to a genuine community partnership that seeks the improvement and long-term stewardship of the Poudre River.

 

Mr. Koleber believes that they have met all of criteria for a 1041 permit and is asking the Board for approval.

 

There was some discussion between the Board and Mr. Koleber.

 

The Board of County Commissioner each spoke of their gratitude to the public, City of Thornton and the planning staff specifically mentioning Rob Helmick. They spoke about receiving more than 900 correspondence as well as appreciated everyone who came to all seven-public hearings on the Thornton Water Project.

 

Commissioner Kefalas went over several of the criteria and explained that he did not feel that all twelve criteria were met. He specifically mentioned criteria one, two, three, four, six and ten. Commissioner Kefalas also mentioned he believed there were still unanswered questions and therefore would be voting no to the 1041 permit. He did appreciate the applicant’s due diligence as well as planning staff for all their hard work.

 

Commissioner Johnson mentioned that he appreciates how important this is to the City of Thornton and that Thornton purchased the water legally. He recognizes their right to this water and remains willing to collaborate and work with them on a proposal that does meet these criteria.  He also thanked the public and planning staff. He briefly went over the history of the 1041 application.  He explained that he must make a finding that a 1041 permit meets every one of the twelve criteria. He specifically mentioned that he does not feel that criteria numbers two and four were met and therefore would not be supporting this proposal.

 

Chair Donnelly thanked the citizens and appreciated everyone’s time. He specifically mentioned Rob Helmick and the outstanding job of the planning staff. He thanked Mr. Koleber and the City of Thornton as well. He explained that he concurs with the Board of County Commissioners and does not believe that criteria member four was met. He mentioned criteria number eleven  as well.

 

MOTION

 

Commissioner Johnson moved that the Board of County Commissioners deny the Thornton Water Project File #18-ZONE2305.

 

Motion carried 3-0

 

The hearing adjourned at 7:35 p.m.

 

 

ADMINISTRATIVE MATTERS MEETING

 

The Board of County Commissioners’ met at 9:00 a.m., with Linda Hoffman, County Manager. Chair Donnelly presided, and Commissioner Kefalas was present. Commissioner Johnson was excused. Also present were: Brenda Gimeson, and Alisha Jeffers, Commissioners’ Office; Irene Josey, County Treasurer; Todd Blomstrom, Director of Community Planning and Infrastructure; Michelle Bird, Public Affairs Manager; and Deirdre O’Neill, Deputy Clerk.

 

Chair Donnelly opened the meeting with the Pledge of Allegiance.

 

 

1.          PUBLIC COMMENT: Chair Donnelly opened the meeting to public comment giving citizens the opportunity to address the Commissioners regarding events and issues pertaining to Larimer County.  Trisha Diehl addressed the Board.

 

Chair Johnson closed public comment.

 

2.         APPROVAL OF THE MINUTES FOR THE WEEK OF FEBRUARY 4, 2019:

 

M O T I O N

 

Commissioner Kefalas moved that the Board of County Commissioners approve the minutes for the week of February 4, 2019.

 

Motion carried 2-0.

 

3.         REVIEW OF THE SCHEDULE FOR THE WEEK OF FEBRUARY 18, 2019: Ms. Gimeson reviewed the upcoming schedule with the Board.

 

4.         CONSENT AGENDA:  

 

02122019A001             INTERGOVERNMENTAL AGREEMENT BYA ND BETWEEN LARIMER COUNTY AND CDOT FOR HISP GRANT FOR TRAFFIC SIGNAL AT HIGHWAY 1/COUNTY ROAD 54

 

02122019R001             RESOLUTION REGARDING EXTENSION OF APPROVAL

 

02122019R002            RESOLUTION FOR STATUTORY VESTED RIGHTS FOR OCON ESTATES CONSERVATION DEVELOPMENT

 

MISCELLANEOUS: Larimer County Clydesdale Estates Public Improvement District #51 Advisory Board Bylaws; Larimer County Autumn Creek Public Improvement District; Larimer County Soaring Peaks Ranches Public Improvement District #64 Advisory Board Bylaws ;Larimer County Riviera Public Improvement District #65 Advisory Board Bylaws; Larimer County Carter Lake Heights Public Improvement District #66 Advisory Board Bylaws; Recommended Reappointment To The Red Feather Lakes Planning Advisory Committee ; Recommended Mid-Term Appointment To The Agricultural Advisory Board; Recommended Reappointment To The Agricultural Advisory Board.

 

LIQUOR LICENSES: JJ’s Liquor – Retail Liquor Store – Fort Collins; Horsetooth Spirts & Marketplace – Transfer of Ownership with Temporary Permit – Fort Collins; Carter Lake Marina–3.2% – Loveland; The Inn at Whisky Belle Ranch – Bed and Breakfast – Livermore – 6%.; Mishawaka Amphitheatre – Tavern – Bellvue.

 

  M O T I O N

 

Commissioner Kefalas moved that the Board of County Commissioners approve the consent

agenda, as outlined above.

 

Motion carried 2-0.

 

5.         COMMENTS FROM COMMISSIONERS’ GUESTS:   Chair Donnelly invited two guests to speak. Mr. Rick Brent and Mr. Dennis Anderson addressed the Board. They are asking the Board to reconsider the policy of banning e-mountain bikes on unpaved trails. They brought with them for visual purposes, a regular mountain bike as well as a class one e-mountain bike.

 

Mr. Brent explained that Jefferson County has done an extensive yearlong study and Mr. Brent and Mr. Anderson are asking if Larimer County would consider having Jefferson County present their findings and conclusions on e-mountain bikes.

 

Todd Blomstrom, Director of Community Planning and Infrastructure informed the Board that the main concern with these types of bikes is speed, but he did agree that they would be willing to break it down by class instead of a blanket ban. He also mentioned that it comes down to the type of facility the bike is used on. In other words, paved versus unpaved, steep slope versus slope etc. Mr., Blomstrom let the Board know that staff would reach out to Jefferson County and do a County work session.

 

Commissioner Kefalas mentioned that he would like to hear a presentation from Jefferson County.

 

Staff will set up Work Session

 

6.         PAPERLESS NOTIFICATION FOR PROPERTY TAX NOTICES: The Treasurer's Office continues to promote the paperless property tax notification option for Larimer County property owners. This year our office sent out over 163,300 property tax notices. While we have made efforts to save paper, printing and postage costs by mailing postcard notices to owners who have historically had their mortgage company pay their taxes, we would like to remind taxpayers of our paperless option. Currently only 2% of property owners have opted into paperless notifications, and we would like to increase that number for next year to continue to save costs and paper. During the last two weeks of this month, the Treasurer's office will incentivize signing up for paperless notification by entering those who sign up into a drawing for a Larimer County park’s pass.

 

Irene Josey, County Treasurer addressed the Board to promote paperless tax notifications. Less than 2% of the public have signed up for this and there will be a soft push next week and then a Big push in March to get citizens to opt in.

 

 

7.         STORMREADY DESIGNATION FOR LARIMER COUNTY: Recognition of award to Larimer County for the StormReady Program.

 

The StormReady recognition is based on accomplishments in the following areas:

 

·   Establishments of a 24-hour warning point and emergency operations center

·   Creation of more than one way to receive severe weather forecasts and warnings, as well as multiple ways to alert the public.

·   Creation of a system that monitors local weather conditions.

·   Promotion of the importance of public readiness through community seminars.

·   Development of a formal hazardous weather plan, which included training severe weather spotters and holding emergency exercises.

 

Larimer County is also eligible for 25 additional Insurance Service Organization community rating system points through the National Flood Insurance Program.

 

Lori Hodges, Emergency Management Director, Greg Hanson, National Weather Bureau, Kohl Parrot and Shayle Sabo, Emergency Management Coordinator’s addressed the Board and presented a plaque to congratulate Larimer County for achieving StormReady recognition.

 

The Board took a brief recess for a photo.

 

The Board returned to session.

 

7.         COUNTY MANAGER WORKSESSION:  Ms. Hoffman updated the Board on various projects and activities.

 

8.         COMMISSIONER ACTIVITY REPORTS: The Board detailed their attendance at events during the previous week.

 

Chair Donnelly invited Michelle Bird, Public Affairs Manager to present the Board with an update on the demolition on Southeast 1st street in Loveland on February 11, 2019.

 

Ms. Bird recognized the great efforts by the Larimer County Sherriff’s Department, Swat Teams and Larimer County Code Compliance on their coordinated efforts. This home has had multiple building and zoning violations. Last year this property tested positive for methamphetamines and posted a public safety threat to neighbors. A criminal warrant was executed and removed more than a dozen individuals from the property. No injuries were reported, and the individuals were transferred to a different location.

 

Blue Ribbon Towing services removed several unlicensed and unregistered vehicles from the premises.

 

The House and garage will both be demolished, and the foundation will be removed and filled for public safety.

 

The total cost of the abatement is $163,000. The owner is responsible for the cost. If the owner defaults on the cost, there will be a tax lien placed on the property.

 

 

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

 

 

With there being no further business to discuss, the Board adjourned at 10:05 a.m.

 

 

TUESDAY, February 12, 2019

 

PIGGIN OUT

LIQUOR LICENSE HEARING

 

The Board of County Commissioners met at 2:45 P.M. with David Ayraud, County Attorney. Chair Donnelly presided, and Commissioners Johnson and Kefalas were present. Also present were: Kayleigh Ogden, Recording Department and Deirdre O’Neill, Deputy Clerk.

 

David Ayraud invited the applicants to state their names. Nick Blank, owner and Jonathon Holmes, business partners were sworn in by the Deputy Clerk.

 

Mr. Ayraud explained to the Board that this hearing is for a Tavern License plus optional premise located at 1015 South Lincoln in Loveland, Colorado.

 

Mr. Ayraud discussed exhibit A which is the affidavit of publication and exhibit B the map of the premises.

 

Mr. Ayraud reviewed the layout of the premises including outdoor patio space.  Mr. Blank stated that they are looking for a tavern license which would primarily be on the 1st floor but would like to be able to use the second floor and outdoor space for special events/Bar-b-ques etc. The optional patio space is approximately 1 acre up to the patio.

 

 

Mr. Ayraud asked a series of questions of Mr. Blank regarding the primary license and the optional premise. He also asked about notices posted on the premise and the outcome of the neighboring petition and signatures. Mr. Blank stated there were fifty-two signatures in favor and zero in opposition. Mr. Blank also stated that he did understand the liquor laws of Colorado and did complete training with the Loveland Police Department. Mr. Blank talked about the number of employees and their training as well as the hours of operation.

 

Mr. Ayraud asked if Mr. Blank managed or purchased alcohol for any other establishments. Mr. Blank stated that was also the Manager for Ale House in Loveland, Colorado and Piggin Out Smokehouse LLC in Lakewood. Mr., Ayraud stated that according to Colorado revised statute 44-3-4.4 subjection four states that each licensee shall manage or have a separate and distinct manager for each license premises and shall register the manager of each license premises with both the state and local licensing authorities. No person shall be a manager for more than one tavern license. Mr. Blank stated he was unaware of this and will only Manage the Piggin Out LLC in Loveland which he is applying for and file a change of Manger for the Lakewood location.

 

Mr. Ayraud asked several questions about the storing of liquor and how the establishment would handle intoxicated patrons. There was some discussion about the need for the optional space. Mr. Blank stated that it was originally submitted as a whole space but was told through the local and state that he needed to make this an optional space with no explanation as to why they needed to be separate.

 

There was some discussion between the Board and the Mr. Ayraud about the resolution.

 

Mr. Ayraud suggested we continue the hearing to a specific date in the future to get clarification from the State as to why they are advising against the approval of the Tavern license for the entire property as well as completed background checks of employees and will allow time for Board to amend or change the resolution for Mr. Blank to file a change of Registered Manger.

 

M O T I O N

 

Commissioner Johnson moved that the Board of County Commissioners table the Tavern liquor license for Piggin Out, LLC to Tuesday, March 12, 2019 at 2:45 p.m.

 

Motion carried 3-0.

 

With there being no further business, the Board recessed at 3:35

 

 

 

____________________________________

TOM DONNELLY

BOARD OF COMMISSIONERS

 

 

ANGELA MYERS

CLERK AND RECORDER

 

ATTEST:

 

____________________________________

Deirdre O’Neill, Deputy Clerk