> Meetings & Minutes > Commissioners' Minutes > BCC Minutes for 04/13/09  

MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

 

 

Monday, April 13, 2009

 

LAND USE HEARING

 

The Board of County Commissioners met at 3:00 p.m. with Matt Lafferty, Principal Planner.  Commissioner Donnelly was present and Chair Rennels presided. Also present were:  Jeanine Haag, County Attorney; Rob Helmick, Samantha Mott, Michael Whitley and Toby Stauffer, Planning; Traci Shambo, Engineering; Doug Ryan, Environmental Health; and Angela Myers, Deputy Clerk.

 

Chair Rennels opened the meeting with the Pledge of Allegiance and asked for public comment on the County Budget and Land Use Code.  No one from the audience addressed the Board regarding these topics.

 

Chair Rennels explained that the following items are on consent and would not be discussed unless requested by the Board, staff, or members of the audience:

 

1. CRYSTAL LAKES 8TH FILING LOT 142 EASEMENT VACATION, FILE #09-S2865:  This is a request to vacate a 15-foot utility easement along the common lot line of Lots 142 and 136. The vacated easement will be on the Lot 142 side of the common line. The vacation will accommodate an existing garage that has been approved by a variance (see File #08-BOA0732).  If approved, the recording instrument for this application will be a Findings and Resolution from the Board of County Commissioners.  The property is located in and will be served by the Poudre Fire Authority.  Poudre R-1 is the local school district.

 

This application was forwarded to the appropriate departments and agencies for comment.  The responses from these groups indicate that there are no other issues of concern.  The Development Services Team recommends approval of the Crystal Lakes 8th Filing Lot 142 Utility Easement Vacation, File #09-S2865.

 

2. CRYSTAL LAKES 13TH FILING LOTS 50 and 51 LOT CONSOLIDATION/EASEMENT VACATION, FILE #09-S2866:  This is a request for Lot consolidation to combine Lots 50 and 51 of Crystal Lakes 13th Filing and vacate the 20-foot utility easement along the common lot line. If approved, the recording instrument for this application will be a Findings and Resolution from the Board of County Commissioners.

 

No neighbors have voiced any objections to this proposal.  Additionally, the following Larimer County agencies have stated that they have no objections to this proposal:  Department of Health and Environment; Addressing Section; Engineering Department Development Review Services; and Code Compliance Section.  For detailed comments please see the letters from each department.

 

The proposed Lot Consolidation of Lots 50 and 51 in Crystal Lakes 13th Filing and 20-foot utility easement vacation will not adversely affect any neighboring properties or any county agency.  The Lot Consolidation will not result in any additional lots and the easement vacation will not leave any properties without utility service.  The staff finds that the request meets the requirements of the Larimer County Land Use Code.

 

The Development Services Team recommends approval of the Lot Consolidation of Lots 50 and 51 in Crystal Lakes 13th Filing and 20-foot utility easement vacation along the common lot line of the two lots, File #09-S2866, subject to the following conditions:   1) All conditions of approval shall be met and the final resolution of the County Commissioners recorded by October 13, 2009, or this approval shall be null and void; and 2) The resultant lot is subject to any and all covenants, deed restrictions or other conditions that apply to the original lots.

 

3.  EAGLE LAKE 2ND LOT 27 AMENDED PLAT, FILE #08-S2775:  This is a request to amend the Eagle Lake Second Filing Subdivision to reconfigure the boundary of Lot 27. 

 

Lot 27 of the Eagle Lake Second Filing Subdivision is surrounded by two metes and bounds parcels held under common ownership.  The property owners would like to adjust the configuration of the three parcels.  Lot 27 is proposed to decrease in size from 4.1 acres to 2.5 acres.  The metes and bounds parcels would increase from a total of 113.82 acres to 115.42 acres.

 

Because Lot 27 is within a subdivision and the other parcels are metes and bounds parcels, an Amended Plat must be used to adjust the subdivision lot, and a Boundary Line Adjustment must be used to adjust the metes and bounds parcels.  While an Amended Plat requires approval by the Board of County Commissioners, a Boundary Line Adjustment is approved administratively.

 

The properties are generally located northwest of the intersection of Highway 1 and Eagle Lake Drive and are zoned FA – Farming.  There is a single-family home on Lot 27 and a single-family home on one of the metes and bounds parcels.  The other metes and bounds parcel contains Dixon Reservoir.

 

No neighbors have voiced any objections to this proposal.  Additionally, the following Larimer County agencies have stated that they have no objections to this proposal: Department of Health and Environment; Engineering Department; and Addressing Section.

 

Comments received from the Land Surveyor of the Larimer County Engineering Department identify several required corrections to the plat.

 

The Development Services Team notes that a 70-foot-wide access easement must be recorded on the metes and bounds parcels prior to recording the Amended Plat and that the Amended Plat must be recorded prior to recording the associated Boundary Line Adjustment.

 

The proposed plat amendment to the Eagle Lake Second Filing subdivision will not adversely affect any neighboring properties or any county agency.  The Amended Plat will not result in any additional lots. Staff finds that the request meets the requirements of the Larimer County Land Use Code.

 

The Development Services Team recommends approval of the Amended Plat of Lot 27 of the Eagle Lake Second Filing Subdivision, File #08-S2775, subject to the following conditions and authorization for the chairman 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 Plat recorded by October 13, 2009, or this approval shall be null and void.  2) Prior to the recordation of the Final Plat, the applicant shall make the technical corrections required by Dale Greer, Land Surveyor of the Larimer County Engineering Department.   3) Prior to the recordation of the Final Plat, the applicant shall record a 70-foot-wide access easement on the adjacent metes and bounds parcels and shall include the reception number of the easement on the Final Plat.  4) 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.  5) The Schakel Boundary Line Adjustment shall be recorded following the recording of the Final Plat.

 

M O T I O N

 

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

 

Motion carried 2-0. 

 

The meeting recessed at 3:04 p.m.

 

 

LAND USE HEARING

 

The Board of County Commissioners reconvened at 6:30 p.m. with Rob Helmick, Senior Planner. Chair Rennels presided and Commissioner Donnelly participated via phone.  Also present was Angela Myers, Deputy Clerk.

 

 

1.  PROSPECT MOUNTIAN WATER DISTRICT SERVICE PLAN:  Chair Rennels explained that the hearing for the Prospect Mountain Water District Service Plan will be tabled until May 18, 2009, at 6:30 p.m. 

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners table the Prospect Mountain Water District Service Plan hearing until May 18, 2009, at 6:30 p.m. 

 

Motion carried 2-0. 

 

The meeting adjourned at 6:32 p.m.

 

 

TUESDAY, APRIL 14, 2009

 

ADMINISTRATIVE MATTERS

 

 

The Board of County Commissioners met at 9:00 a.m. with Neil Gluckman, Assistant County Manager.  Chair Rennels presided and Commissioner Donnelly was present.  Also present were:  Donna Hart, Commissioners’ Office; Gary Buffington, and Dave Lentz, Department of Natural Resources; Charlie Johnson, Engineering Department;  Laurel Kubin, and Edie McSherry, County Extension Office; Joe Ferrando, Community Corrections Department; Jeannine Haag, and Bill Ressue,  County Attorney’s Office; and Gael Cookman, Deputy Clerk.

 

1.         PUBLIC COMMENT:  John Rust addressed the Board with concerns pertaining to the Mountain Pine Beetle infestation in Larimer County, and posed questions regarding the process and policy for treatment and disposal of trees.

 

Diane Honstein presented a letter to the Board, which outlined her thoughts and ideas regarding the Hayden Subdivision and how the county might establish “zones” for public and resident use, while maintaining open space and protecting wildlife.

 

2.         APPROVAL OF MINUTES FOR THE WEEK OF APRIL 6, 2009:

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners approve the minutes for the week of April 6, 2009, as presented.

 

Motion carried 2-0.

 

3.         REVIEW OF THE SCHEDULE FOR THE WEEK OF APRIL 20, 2009:   Ms. Hart reviewed the upcoming schedule with the Board.

 

4.  CONSENT AGENDA: 

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners approve the following items as presented on the Consent Agenda for April 14, 2009:

 

ABATEMENTS:      As proposed by the County Assessor, the following Petitions for Abatement are presented for approval: Kampai Inc. doing business as Hibachi Japanese Steakhouse; Cornerstone Communications Inc.; Rite-Aid Corporation; and Alfred D. Thompson.

 

04142009A001           COMMUNITY CORRECTIONS FY 2008-2009 SUBCONTRACT BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS, THE SEVENTH JUDICIAL DISTRICT COMMUNITY CORRECTIONS BOARD, AND LARIMER COUNTY COMMUNITY CORRECTIONS

 

04142009A002           FENCE AGREEMENT 342 WEST DOUGLAS ROAD, FORT COLLINS, COLORADO BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS, JAMES K. FRANZEN, AND WENDY WESTFALL FRANZEN

 

04142009A003           PERMANENT NON-EXCLUSIVE WATER EASEMENT BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS, THE STATE OF COLORADO, THE EAST LARIMER COUNTY WATER DISTRICT, AND THE NORTH WELD COUNTY WATER DISTRICT

 

04142009A004           TEMPORARY CONSTRUCTION EASEMENT BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS, THE STATE OF COLORADO, THE EAST LARIMER COUNTY WATER DISTRICT, AND THE NORTH WELD COUNTY WATER DISTRICT

 

04142009A005           CONTRACT BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE FEDERAL BUREAU OF PRISONS, COMMUNITY CORRECTIONS OFFICE

 

04142009D001           DEED OF DEDICATION JAMES K. FRANZEN AND WENDY WESTFALL FRANZEN

 

04142009D002           DEED OF DEDICATION DONNA YELEK

 

04142009R001           FINDINGS AND RESOLUTION APPROVING THE FRENCH MINOR SPECIAL REVIEW AND APPEAL

 

04142009R002           FINDINGS AND RESOLUTION APPROVING THE HESSDORFER-PHILLIPS SUBDIVISION PRELIMINARY PLAT

 

04142009R003           FINDINGS AND RESOLUTION APPROVING THE WILDER-NEST BED AND BREAKFAST RETREAT AMENDED CONDITION OF APPROVAL

 

04142009R004           FINDINGS AND RESOLUTION DENYING THE PETITION OF MONROE EXCAVATING DEADMAN QUARRY

 

04142009R005           FINDINGS AND RESOLUTION APPROVING THE LAFARGE TAFT BATCH PLANT AMENDED SPECIAL REVIEW AND APPEAL

 

04142009R006           FINDINGS AND RESOLUTION APPROVING THE ALEMAN EXPANSION OF NONCONFORMING USE

 

04142009R007           FINDINGS AND RESOLUTION APPROVING THE BINGER MINOR LAND DIVISION

 

04142009R008           RESOLUTION REGARDING EXTENSION OF APPROVAL OF THE AMENDED PLAT OF HILDERMAN MINOR LAND DIVISION, LOTS 1 AND 2

 

04142009R009           FINDINGS AND RESOLUTION APPROVING THE VACATION OF THE PLAT OF SWIFT PONDS RURAL LAND USE PLAN

 

04142009R010           A RESOLUTION ORDERING A PUBLIC HEARING TO CONSIDER PETITIONDS FOR A PUBLIC IMPROVEMENT DISTRICT

 

04142009R011           A RESOLUTION ORDERING A PUBLIC HEARING TO CONSIDER PETITIONS FOR A PUBLIC IMPROVEMENT DISTRICT

 

LIQUOR LICENSES:           The following license were approved and issued:  Eloy’s – Tavern – Fort Collins.

 

Motion carried 2-0.

 

5.  UPDATE ON EXTENSION FOOD SAFETY EDUCATION PROGRAMS:   Ms. Kubin and Ms. McSherry displayed a slide-show presentation that outlined the food safety program and education offered to workers in the industry and consumers alike.  Ms. McSherry explained that they are seeing more food-borne illnesses, as fruits and vegetables are flown in from all over the world where conditions might not be as regulated and/or sanitary. 

 

6.  FORESTRY PROGRAM SUPPLEMENTAL BUDGET REQUEST:   Mr. Buffington requested an increase in funding ($72,779) to support a full-time forester, operations, and the addition of a third collection site at Red Feather Lakes, to respond to the Mountain Pine Beetle threat in the region.  Mr. Buffington explained that the advantages as follows:  a full-time forester will be able to spend more time responding to citizen forest health needs, train and organize volunteers, and work on grants to stretch funding dollars to assist in the responsible end use of woody biomass products generated from the Mountain Pine Beetle epidemic in Larimer County.  The Board agreed that it was important to support this request.

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners approve increasing the funding in the Forestry Program for 2009 to fully fund the County Forester position, and one additional collection site at Red Feather Lakes, for a period of one year.

Motion carried 2-0.

 

7.  WORKSESSION:  Mr. Ferrando requested the Board’s support on a letter to the U.S. Department of Justice regarding a joint application for the Second Chance Act Grant to benefit the female population within the criminal justice system.  The Board agreed to support this effort.

 

Mr. Gluckman explained that the Northern Colorado Economic Development Corporation is requesting that Larimer County “forgive” the Enterprise Zone fees due to the county in 2009, in light of the current economic condition of the region.  Some discussion ensued, and the Board agreed to absorb this cost in 2009, but entertained the idea of the county possibly becoming a voting member of this organization.  Commissioner Donnelly requested that a representative attend a future Administrative Matters meeting to present an update on the organization’s activities. 

 

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

 

9.  LEGAL MATTERS:  (Affidavit provided)

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners go into Executive Session for the purpose of receiving confidential legal advice on specific legal questions, as outlined in 24-6-402(4)(b) C.R.S.

 

Motion carried 2-0.

 

The meeting adjourned at 10:30 a.m., with no further action taken.

 

 

__________________________________________

                        KATHAY RENNELS, CHAIR

BOARD OF COMMISSIONERS

 

SCOTT DOYLE

CLERK AND RECORDER

 

ATTEST:

 

­­­______________________________________

Angela Myers, Deputy Clerk

 

 

­­­______________________________________

Gael M. Cookman, Deputy Clerk