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MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

 

 

Monday, April 20, 2009

 

LAND USE

 

The Board of County Commissioners met at 3:00 p.m. with Matt Lafferty, Principal Planner.  Chair Rennels presided and Commissioners Donnelly and Johnson were present. Also present were:  Bill Ressue, Assistant County Attorney; Rob Helmick, and Toby Stauffer, Planning Department; Traci Shambo, Engineering Department; Chad Gray, Code Compliance; Doug Ryan, Health Department; and Tamara Slusher, 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 item was requested to be tabled until the Land Use Hearing to be held on Monday, May 11, 2009, at 3:00 p.m.  This item would not be discussed unless requested by the Board, staff, or members of the audience:

 

1.         HORSESHOE PARK LOTS 10, 11, AND LADERA ROAD AMENDED PLAT, FILE #09-S2864.

 

No one present wished to discuss this topic.

 

M O T I O N

 

Commissioner Johnson moved that Board of County Commissioners table this item until Monday, May 11, 2009 at 3:00 p.m.

 

Motion carried 3-0.

 

Chair Rennels explained that item 2 is on the consent agenda and would not be discussed unless requested by the Board, staff, or members of the audience:

 

2.         GLEN HAVEN 1ST FILING LOTS 40, 41, 44, AND 45 AMENDED PLAT, FILE #09-S2867:  This is a request to amend the Glen Haven Subdivision to adjust lot lines of the above mentioned property to accommodate an encroaching cabin that is partly on the subject property and partly on an adjacent property. 

 

No neighbors have voiced any objections to this proposal and the Development Services Team of the Engineering Department, and the Department of Health and Environment have no major concerns with this proposal.

 

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

 

Comments received from the Code Compliance Section of the Planning & Building Department indicate that to receive a final certificate of occupancy on the current permit 07-B0605, the applicants will need some additional inspections, current plans may need to change, and other permits may be necessary.

 

In addition to other changes to the plat and the application, the applicant will be required to place a signature space on the Plat for the owner of the adjacent parcel, Youth United Inc. A signed application form with all pertinent information from Youth United will also be required and shall be submitted prior to final approval of the plat.

 

The Development Services Team recommends approval of the Amended Plat of the west half of Lot 44, the east half of Lot 45, part of the east half of Lot 40, and part of the west half of Lot 41 in Block 11, Glen Haven Subdivision, File # 09-S2867.  Ms. Stauffer explained there were some corrections to the conditions of approval, which are outlined below.  She asked the Board to approve the following conditions and authorize the Chair to sign the plat when the conditions are met and the plat is presented for signature:

 

1.   The Final Plat shall be recorded by October 20, 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 requested by the Land Surveyor of the Larimer County Engineering Department.

 

3.   Prior to the recordation of the Final Plat the applicant or surveyor shall add a note indicating that the resultant lots will be subject to the same restrictions, covenants, and regulations as set forth in the plat of record for the Glen Haven Subdivision, First Filing.

 

4.   Prior to the recordation of the Final Plat the applicant or surveyor shall include all corrections as indicated in a letter dated April 8, 2009 from the Larimer County Planning Department.

 

5.   At the time the final plat is submitted for recording, the applicant will be required to submit a deed indicating that the portion of Lot 1 that is being removed out of Lot 1 with this Amended Plat will be added to the adjacent parcel, the Youth United property, parcel #56284-05-901.  This deed will be separate from a deed transferring ownership.  The deed adding the portion to the Youth United Parcel will need to include the legal description of the portion and the legal description of the Youth United parcel.

 

The applicant, Jack Mayo, addressed the Board and stated his agreement with the amended conditions.

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners approve the consent agenda, subject to the amended conditions listed above.

 

Motion carried 3-0.

 

3.         MONROE ZONING VIOLATION (DEADMAN ROCK QUARRY):  This is a notification to the Board that the property owner is in violation of Section 4.1.5 O-Open Zoning District of the Larimer County Land Use Code adopted by Larimer County by virtue of operating an industrial mining operation in the O-Open Zoning District which is not an allowed use without Special Review approval.

 

On March 2, 2009, the Board of County Commissioners denied the application of Monroe Excavating to operate a rock quarry for construction materials.  This quarry had been in operation for some time and currently exists as an open excavation.  The operator and landowner had obtained the required Mined Land Reclamation Division (MLRD) permits and had provided bond to guarantee the reclamation of the site once completed.

 

After the Board of County Commissioners hearing, County staff contacted the MLRD staff to determine what actions would be necessary to reclaim the site and were informed of two possible courses of action:

 

1.   To submit a technical revision of the mine plan and/or reclamation documents. Have this revision reviewed by the State and then, once approved, commence operations to finish the site and begin reclamation.  A technical revision would take roughly 30 days after the revision is submitted.

 

2.   If a technical revision is not possible and an amended mine plan is required, the submittal and review could take 90-120 days once submitted.

 

The permitting of mining activity is controlled by the State of Colorado Minded Land Reclamation Division and the role of the County lies only in land use approval.  Once the technical revision or amended mine plan is approved, under state law, the owner has up to five years to complete the approved reclamation.

 

Several adjoining property owners have raised concerns about the impacts on the quality of life from traffic, dust, noise and visual impacts caused by this business. Additionally, residents have expressed concern regarding the amount of materials and equipment Mr. Monroe has spread out over this property, most of which is inoperable. The site is located in a rural residential area and it is reasonable to assume that adjoining residential properties will not become industrial properties.

 

Paul Barker, the engineer for the mining project, informed the Board that he could have the technical revision prepared and submitted to the state within 30 days.  Additionally, Gene Barker, the owner of the property, addressed the Board and clarified several questions regarding the amount of material that is currently being stored on the property.  The Board reviewed a list and asked for clarification on the purpose of several items.

 

Marion Monroe, the owner of most of the equipment being stored, clarified that he has been in the process of removing the equipment and materials for the past month and is approximately 50% complete.  Mr. Monroe requested that the Board allow him 90 days to remove the remaining items, due to inclement weather in the area.

 

Commissioner Rennels asked staff to clarify for Mr. Gene Barker which items could stay on the property and which are in violation of the Land Use Code.  Mr. Barker stated that he would work with staff regarding the items that he would like to remain on the property.

 

M O T I O N

 

Commisioner Donnelly moved that the Board of County Commissioners find a violation of the Larimer County Land Use Code exists for operating an industrial mining operation in the O-Open Zoning District on the subject property pursuant to the Board’s denial of the owner’s Special Review application 07-Z1650 on March 2, 2009.  The Board also finds a violation of the Larimer County Land Use Code exists for the storage of junk/debris and unlicensed/inoperable vehicles/machinery/equipment.  Commissioner Donnelly further moved that legal action be authorized if the deadlines shown below are not met:

 

·  Removal of all materials/equipment/items stored on the property not incidental to the use of the property as allowed by the Larimer County Land Use Code within 90 days.

 

·  The appropriate paperwork for the reclamation be completed and submitted to the state within 30 days, allowing for 120 days for state approval, notifying the County immediately of any delays.

 

Motion carried 3-0.

 

4.         BURGESS ZONING VIOLATION:  This is a request for the Board to take action regarding a violation of the Estes Valley Development Code pertaining to excess vehicle storage and prohibited use of the property as a junkyard.

 

On June 13, 2008, a complaint was received from an anonymous party alleging that the property owner was in violation of the Estes Valley Development Code Section 5.1.N Prohibited Uses.  Office Hart, Estes Park Police Department, conducted a site visit and informed the property owner that a complaint had been received regarding the accumulation of materials on the property.  Officer Hart advised the owner of the concerns regarding the Estes Valley Development Code violations.  At that time, the property owner agreed to clean up the property and stated that it should be complete by July 1, 2008.

 

On November 11, 2008, the property owner was contacted by telephone and advised that an investigation was underway regarding code violations at the subject property.  On this date, the property owner was also delivered a Notice of Violation by hand, enumerating that fact.

 

On December 9, 2008, a Notice of Scheduled Hearing was delivered to the owner via certified regular mail.

 

On January 20, 2009, a Land Use Hearing was held by the Board of County Commissioners addressing this complaint.  The Board found that a violation did exist and allowed 60 days for compliance.  The owner did not attend this hearing.

 

Mr. Hart informed the Board that although some clean up effort was made at the subject property, including erecting a 6 foot fence for screening, the property is still not in compliance with the Development Code.

 

Commissioner Rennels asked for clarification on the number of vehicles currently being stored on the property.  Mr. Burgess addressed the Board and disputed the list of vehicles provided by Office Hart.  He also addressed the desire to be allowed to keep his flatbed trailer, which is used for hauling firewood, on the property.  Mr. Burgess asked the Board to allow him 60 days to comply, stating that he would contact Office Hart within that timeframe.

 

M O T I O N

 

Commissioner Johnson moved that the property owners are in violation of the Estes Valley Development Code by virtue of allowing more than four vehicles, and two pieces of recreational equipment and/or recreation vehicles to be parked or stored on a lot of two acres or less.  The owners must reach compliance within 60 days from the date of this hearing by limiting the number of vehicles parked or stored on the lot to four, no more than two pieces of recreational equipment and/or recreational vehicles, and one flatbed trailer.  Legal action is authorized if compliance is not met within 60 days from the date of this hearing.

 

Motion carried 3-0.

 

There being no further business, the hearing adjourned at 4:10 p.m.

 

 

TUESDAY, APRIL 21, 2009

 

 

ADMINISTRATIVE MATTERS

 

The Board of County Commissioners met at 9:00 a.m. with Frank Lancaster, County Manager.  Chair Rennels presided and Commissioners Donnelly and Johnson were present.  Also present were:  Donna Hart, and Deni LaRue, Commissioners’ Office; Sheriff Alderden, Sheriff’s Department; Lorenda Volker, Human Resources Department; and Gael Cookman, Deputy Clerk.

 

1.         PUBLIC COMMENT:  Sherry Stroh explained that her realtor told her she would be able to purchase property across from her home in Drake; however, the sale has not taken place and she asked when she could anticipate completion of this process.  She also has been informed by the Parks Advisory Board that she may have to build a “wildlife friendly fence.”  Ms. Stroh stated this concerned her because of the rough terrain and how it will affect her access to fishing, etc.  The Board explained that she should not have been promised the land by her realtor, and that this item will be scheduled for hearing at a later date.

 

Ryan Schaefer, Nick Christensen, and Dale Boehner, local area developers, expressed their opposition to allowing McWhinney the ability to change their Master Financing Agreement (MFA), and re-prioritizing the road improvements for Crossroads, and I-25/Highway 34.   They stressed that it was a mis-use of tax dollars, that it creates an un-even playing field, and that public funds should not be re-directed to pay off private debt.  They requested that the Board submit a letter to the Loveland City Council to oppose amending the MFA.  Rocky Scott and Jay Hardy, representatives for McWhinney, stated that the original agreement did not specify the order of the projects, and that the proposed use of the funds are allowed under the original MFA agreement.

 

 

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 13, 2009, as presented.

 

Motion carried 2-0.  Commissioner Johnson abstained.

 

3.         REVIEW OF THE SCHEDULE FOR THE WEEK OF APRIL 27, 2009:   Ms. Hart reviewed the upcoming schedule with the Board.

 

4.  CONSENT AGENDA:   Mr. Lancaster noted that Item 9 has been removed from the Consent Agenda at the County Attorney’s request.

 

M O T I O N

 

Commissioner Johnson moved that the Board of County Commissioners approve the following items as presented on the Consent Agenda for April 21, 2009, with the exception of Item 9 that has been removed:

 

PETITIONS FOR ABATEMENT:   As proposed by the County Assessor, the following Petitions for Abatement are presented for approval:  Loretta A. Brewer; Ryan Walmsley; Swift Distribution Inc.; Cocal Lanscape; Boeche, SK Family Trust.

 

04212009A001           WARRANTY MEMORANDUM FOR PUBLIC IMPROVEMENTS WARGERG FARM CONSERVATION DEVELOPMENT 04-S2296 BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS, SONJA E. MAST, THE WARBERG FARM DRVELOPMENT LLC, AND THE WARBERG FARM HOMEOWNERS’ ASSOCIATION

 

04122009A002           DEVELOPMENT AGREEMENT LETTIS RIDGE ESTATES SUBDIVISION BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS,  JAMES B. LETTIS, AND MELISSA B LETTIS

 

04122009A003           TRANSPORTATION ENHANCEMENT CONTRACT BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE STATE OF COLORADO FOR THE USE AND BENEFIT OF THE COLORADO DEPARTMENT OF TRANSPORTATION AND LARIMER COUNTY

 

04122009A004           CONTRACT BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE STATE OF COLORADO FOR THE USE AND BENEFIT OF THE COLORADO DEPARTMENT OF TRANSPORTATION AND LARIMER COUNTY FOR RESURFACING PORTIONS OF COUNTY ROAD 17

 

04122009A005           BIKE/PEDESTRIAN TRAIL LICENSE AGREEMENT BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE STATE OF COLORADO FOR THE USE AND BENEFIT OF THE COLORADO DEPARTMENT OF TRANSPORTATION AND LARIMER COUNTY FOR STATE HIGHWAY 392 REGIONAL POUDRE RIVER TRAIL UNDERPASS RIGHT OF WAY

 

04122009A006           DEPARTMENT OF PUBLIC WORKS CONTRACT BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND LEFEVER BUILDING SYSTEMS OF COMMERCE CITY, ADAMS COUNTY, COLORADO FOR PROJECT NO. 15797 ROAD AND BRIDGE LOVELAND SHOP SITE AND SALT FACILITY

 

04212009A007           AMENDMENT TO COMMUNICATIONS AGREEMENT BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND PLATTE RIVER POWER AUTHORITY

 

04212009A008           FIRST ADDENDUM TO DEVELOPMENT AGREEMENT FOR CENTENNIAL FARM CONSERVATION DEVELOPMENT FILE #03-S2207 BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS, SALOMONSON BROTHERS LLC, CAREY J. SALOMONSON & DONNA L. SOLOMONSON TRUST, AND CENTENNIAL FARM RESIDENTIAL

 

04212009R001           RESOLUTION FOR STATUTORY VESTED RIGHTS FOR LETTIS RIDGE ESTATES SUBDIVISION 08-S2769

 

04212009R002           FINDINGS AND RESOLUTION APPROVING AMENDMENTS TO THE DEVELOPMENT AGREEMENT FOR THE CENTENNIAL FARM CONSERVATION DEVELOPMENT

 

04212009R003           FINDINGS AND RESOLUTION APPROVING THE DISNER/SYBRANDTS EXTENDED FAMILY DWELLING AND APPEAL

 

04212009R004           FINDINGS AND RESOLUTION APPROVING THE AMENDED PLAT OF LOT 27 OF THE EAGLE LAKE 2ND FILING SUBDIVISION

 

04212009R005           LOT CONSOLIDATION RESOLUTION APPROVING THE CONSOLIDATION OF LOTS 50 AND 51 OF CRYSTAL LAKES SUBDIVISION, 13TH FILING AND VACATION OF EASEMENT

 

04212009R006           FINDINGS AND RESOLUTION APPROVING THE VACATION OF AN EASEMENT ON LOT 142, CRYSTAL LAKES 8TH FILING

 

04212009R007           FINDINGS AND RESOLUTION APPROVING THE LOCKMAN MINOR LAND DIVISION AND LOT SIZE APPEAL

 

04212009R008           FINDINGS AND RESOLUTION APPROVING THE AMENDED PLAT OF LOT 26 IN FOX ACRES 2ND AND 3RD FILINGS

 

04212009R009           FINDINGS AND RESOLUTION APPROVING THE AMENDED PLAT OF LOT 1 IN BLOCK 31 OF THE OWASSA LAKE SUBDIVISION WITH A PORTION OF THE QUAINTANCE ESTATE AND VACATION OF UTILITY AND ACCRESS EASEMENT

 

04212009R010           FINDINGS AND RESOLUTION APPROVING THE SCHNEIDER MINOR LAND DIVISION AMENDED PLAT

 

MISCELLANEOUS:    Lettis Ridge Estates Subdivision Final Plat

 

LIQUOR LICENSES:  Glen Haven Inn – Hotel and Restaurant – Glen Haven; Zippy’s Liquor – Retail Liquor Store – Fort Collins; Horsetooth Market – Transfer of Ownership – Fort Collins.

 

Motion carried 3-0.

 

5.  AMEND CURRENT POLICY TO RETAIN LEAVE BALANCES UPON PROMOTION:   Sheriff Alderden requested Board approval to amend the current policy that exempts Majors and the Undersheriff from the County’s leave policy, which causes the employee to be paid for their leave balances at the time of promotion.  This results in the newly promoted employee(s) with no leave banks, regardless of how long they have worked with the County.  Ms. Volker stated that Human Resources supports the request; noting that it makes sense to alter the policy to allow the individuals to retain and/or unfreeze leave balances for the individuals promoted within the Sheriff’s Department.

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners the Policy revisions and adjust leave balances for incumbents, as submitted.

 

Motion carried 3-0.

 

6.  SMOKING AND TOBACCO PRODUCTS POLICY:   Mr. Lancaster presented an updated policy for the Board to review, noting that the changes prohibit vendors from offering free samples of smokeless tobacco, etc., as this contradicts the message of the County Health Department promoting smoking cessation. 

 

M O T I O N

 

Commissioner Johnson moved that the Board of County Commissioners approve Internal Operating Procedure 100.17A Smoking and Tobacco Products Policy.

 

Motion carried 3-0.

 

7.  WORKSESSION:  Mr. Lancaster continued the discussion regarding McWhinney’s request to change the Master Financing Agreement.  After much discussion, the Board directed Mr. Lancaster to draft a letter stating the history and facts and assumptions of the Board based upon the initial agreement and the trigger points that would commence road improvements at I-25 and Highway 34.  

 

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

 

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

 

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

 

 

WEDNESDAY, APRIL 22, 2009

 

LIQUOR LICENSE HEARING FOR FORT COLLINS LODGE NO. 804,

BENEVOLENT & PROTECTIVE ORDER OF ELKS OF THE U.S.A.

 

 

The Board of County Commissioners met at 2:00 p.m. to consider the application for a club liquor license for Fort Collins Lodge No. 804, Benevolent & Protective Order of Elks of the U.S.A.  Chair Pro-Tem Johnson presided and Commissioner Donnelly was present.  Also present were:  Linda Connors, Assistant County Attorney; Andrea Absmeier, Court Reporter; Tamara Slusher, Clerk & Recorder’s Office; and Gael Cookman, Deputy Clerk.

 

Ms. Connors reviewed the contents of the application, and present Exhibit 1 (photos of the posting of the premises), and the amended property diagram.  Ms. Connors asked the representative for the applicant, Attorney Brad March, a series of questions regarding the posting of the premises.  Mr. March stated that the posting had been posted since March 29, 2009.

 

Ms. Connors asked Mr. March to clarify item 11 on the application regarding legal possession of the premises.  Mr. March explained that, yes, the applicant does have legal possession of the premises for at least 1 year from the date that the license will be issued.

 

Ms. Connors requested clarification of the changes in the premises diagram submitted.  Mr. March and Ms. Cookman explained that there is a fence proposed in the outdoor area behind the building that is not yet constructed.  Ms. Cookman enumerated that the applicant must show control of the premise if alcohol is to be served outdoors.

 

Ms. Connors noted for the record that there was no one in the audience to speak in opposition to granting this liquor license.

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners approve the application for Club Liquor License for Fort Collins Lodge No. 804, Benevolent & Protective Order of Elks of the U.S.A. located at 1424 E. Mulberry Street, Fort Collins, Colorado.

 

Motion carried 2-0.

 

There being no further business, the hearing adjourned at 2:15 p.m.

 

 

 

__________________________________________

                        KATHAY RENNELS, CHAIR

BOARD OF COMMISSIONERS

 

SCOTT DOYLE

CLERK AND RECORDER

 

ATTEST:

 

­­­______________________________________

Tamara Slusher, Deputy Clerk

 

 

­­­______________________________________

Gael M. Cookman, Deputy Clerk

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