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> Meetings & Minutes > Commissioners' Minutes > BCC Minutes for 08/24/09  

MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

 

 

Monday, August 24, 2009

 

LAND USE HEARING

 

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:  Chad Gray, Code Compliance Department; Eric Tracy, Engineering Department; Doug Ryan, Environmental Health Department; William Ressue, Assistant County Attorney; and Melissa Lohry, Deputy Clerk.

 

Chair Rennels opened the hearing 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.

 

1.         MISHAWAKA CAMPING AND SHUTTLING CODE COMPLIANCE:   This hearing was scheduled to determine if the initiation of three business uses, without prior county approval, may continue during the process of reaching compliance. The three business uses are:  1) A shuttle service to transport patrons between the Mishawaka Inn and the Graves property; 2) Off-premise parking on the Graves property for the Mishawaka Inn; and 3) Public camping on the Graves property. Also, the owner of the Mishawaka property has requested approval for more than 20 individuals to camp on the premises.

 

The two properties of reference are described as Parcel #1805000022, the “Mishawaka” property, and Parcel #1805000022, the “Graves” property. The Mishawaka property is located approximately 13-miles west on Highway 14 and contains the Mishawaka Inn and several outbuildings. The Graves property is located at the base of the Poudre Canyon near the intersection of Highway 14 and Highway 287 and is vacant land.

 

The property owners are in violation of the Larimer County Land Use Code, Section 4.1.5 O-Open Zoning District, by virtue of operating, or allowing the operation of, the three business uses noted above without first obtaining county approval. Public camping is allowed in O-Open Zoning Districts only by a special review approval process. A parking lot and shuttle service are not listed as uses allowed in O-Open Zoning Districts and are, therefore, only allowed by through the special exception approval process. Finally, allowing more than 20-individuals to camp on the island at the Mishawaka Inn site is a violation of a permanent injunction entered by the District Court.

 

Prior to the initiation of the event log connected with this current Code Compliance file, a Permanent Injunction was obtained from the Larimer County District Court on November 21, 2006, restraining the Mishawaka Inn from:

 

1.         Allowing a bridge spanning from the mainland to an island on the Mishawaka property from being used until and unless the owners obtained a building permit, including Flood Review Board approval; and

 

2.         Allowing camping on the property except for twenty (20) individuals who were allowed to camp overnight on the island.

 

After the issuance of the Permanent Injunction, Planning and Code Compliance staff became aware that the owner intended to use a shuttle service to and from the Mishawaka Inn in order to alleviate parking problems at the Mishawaka site. Staff advised Mr. Jones that a special exception application was required if he decided to continue with the shuttle service use permanently.


In May 2008, the Larimer County Sheriff’s Office notified Code Compliance staff that exit gates from the court yard at the Mishawaka Inn were padlocked, the bridge was being used and camping in excess of the limits established by the permanent injunction was taking place on the property. The Sheriff’s Office was asked to document future violations, if any, while enforcement options were being pursued.

 

As a result, this file was initiated in January 2009. By letter dated January 13, 2009, the owners and operator of the Mishawaka Inn were advised of outstanding issues and consequences that would arise if the issues were not resolved, including, but not limited to, the following:

 

·   If the bridge was used again, the county would make arrangements to remove the bridge pursuant to the permanent injunction.

 

·   In the event more than 20-individuals camped on the island, or campers were anywhere else on the property, the county would pursue a contempt order from the courts.

 

·   If the occupant load exceeded 752-individuals, a liquor license show cause hearing would be scheduled before the Board of County Commissioners.

 

·   If the outdoor exit gates were padlocked again, a liquor license show cause hearing would be scheduled before the Board of County Commissioners.

 

·   Staff encouraged the owners to submit a special exception application to the Larimer County Planning Department for off-premise parking and a shuttle service to and from the Mishawaka property to the base of the canyon.

 

On January 27, 2009, Robin Jones met with Mr. Lafferty, Candace Phippen, and Chad Gray. Several issues were discussed, including staff support for the off-premise parking and shuttle service, but no support was offered to Mr. Jones in regards to camping on site without county approval.

 

On February 2, 2009, a confirmation letter was sent to the owners and operators of the Mishawaka Inn confirming the results of the meeting on January 27, 2009.  Mr. Jones agreed to:

 

·   Maintain an occupant load not to exceed 752-individuals;

 

·   Limit camping on the island to 20-individual or fewer and disallow any camping elsewhere on the property;

 

·   Disallow use of the bridge;

 

·   Keep exit gates unlocked at all times of occupancy; and

 

·   Pursue special exception approval through the county for his patrons to park on property owned by the Graves’ family at the bottom of Poudre Canyon. 

 

The letter confirmed staff members felt it would be appropriate to waive the $800 application fee associated with the sketch plan review process for the special exception as the proposal would promote and improve the health, safety, and general welfare of Larimer County residents. 

 

On February 6, 2009, Robin Jones, owner of Mishawaka Inn, met with Mr. Lafferty to discuss submittal requirements for a special exception application to allow off-premise parking with a shuttle service to and from the Mishawaka property.

 

Several events took place thereafter and highlights from those events are as follows:

 

·   May 17, 2009, first occupancy check conducted.

 

·   May 18, 2009, the Sheriff’s Office observed the bridge being used, camping occurring on the south side of Highway 14, and three exit doors padlocked over the previous weekend.

 

·   June 29, 2009, Code Compliance staff received an anonymous complaint about “hundreds” of campers on the Graves property at the bottom of the canyon. This was the first time staff became aware of camping occurring at the Graves property.

 

·   June 30, 2009, Robin Jones confirmed he was allowing camping on the Graves property, together with a shuttle service and parking. Mr. Jones also confirmed he believed he should be able to have his employees and band members camp across the street and did not intend to voluntarily stop this use.

 

·   On July 1, 2009 Mr. Jones agreed to a public hearing before the Larimer County Board of County Commissioners for the camping, shuttling, and parking issues. 

 

·   July 6, 2009, second occupancy check and camping site inspection conducted.

 

·   July 7, 2009, second complaint received about camping on the Graves property.

 

·   July 18, 2009, third occupancy check conducted and inspection of camping site on Graves property. 

 

·   July 30, 2009, liquor license show cause hearing conducted.

 

In preparation for this hearing, comments were solicited from several departments and agencies concerning off-premise parking, shuttle service, and camping on the Graves property.  Those comments are summarized below:

 

l.          Larimer County Engineering Department – Mr. Tracy advised staff that the Engineering Department would not support the uses since access to the Graves property did not have legal access pursuant to advice from Colorado Department of Transportation (CDOT). If an access were to become legal, the Engineering Department may allow the use to continue under a Special Event Permit during the application process if the applicant can demonstrate they are not in the FEMA designated floodplain (as per Ed Woodward’s comments), provide sufficient information to satisfy the Larimer County Land Use Code Sections 7.5.F and 7.5.R, and comply with any requests from CDOT. 

 

            Mr. Tracy also noted the applicant must go through the proper planning processes (special review, special exception, site plan, etc.). Assuming the use is approved through a special review or special exception, the Engineering Department will review the site plan. At that time, the applicant may be required to provide any/ all of the following:  traffic impact study, geotechnical report, construction plans, traffic turning templates, site distance study, etc. They may also be required to dedicate right-of-way, if requested by CDOT, and obtain the proper access permits, development construction permits, pay transportation capital expansion fees, and any drainage fees that may be applicable. The applicant may also be required to obtain approval from the Floodplain Review Board. This list is not all inclusive and more items may arise during the review process.

 

2.         Larimer County Environmental Health Department – Mr. Ryan advised staff that if the Board votes to allow group camping on a temporary basis during a scheduled compliance period, the Department of Health & Environment would suggest referring to the standards for special events that are outlined in Chapter 7 of the Larimer County Land Use Code as an appropriate guide for health and safety issues. Depending on how many campers are involved, some or all of the special event standards could be referenced.  

 

In review, access to the Graves property is not a legal access. Water, sewer, and solid waste standards have not been established for the camping use. Near-by property owners’ quality of life from traffic, dust, noise, and visual impacts may be affected by these businesses. Finally, the Graves property is in a semi-rural area, and it is reasonable to assume that adjoining residential properties will not become commercial properties.    

 

Staff has found:

 

1.         The properties are zoned O-Open.

 

2.         Public camping is allowed in O-Open Zoning Districts only by a special review approval process. A parking lot and shuttle service are not listed as uses allowed in O-Open Zoining Districts and are, therefore, only allowed by a special exception approval process.

 

3.         The owners and/or operators of the Mishawaka Inn established public camping, off-premise parking, and a shuttle service without first obtaining county approval.

 

4.         Allowing camping at the Mishawaka site beyond what is allowed by the permanent injunction would be a violation of the court order.

 

5.         The owner of the Mishawaka Inn has indicated the required land-use applications will be submitted; however, no applications have been submitted to date.

 

Staff’s recommendations are as follows:

 

1.         Staff does not support allowing more than 20-individuals to camp on the island at the Mishawaka Inn site, or elsewhere on the property, as this would be in violation of the permanent injunction entered by the courts. 

 

2.         Staff does support approval the off-premise parking and shuttling service to continue during the compliance process if the owners obtain a proper access permit through CDOT. Staff members believe these uses decrease the amount of traffic going to and from the Mishawaka Inn and provide a safer mode of transportation for people who may have had too much to drink. This belief is supported by reports from the Larimer County Sheriff’s Office.

 

3.         Staff does not support the continuance of public camping on the Graves property without first obtaining special review approval. 

 

In consideration of the information presented above, staff recommends the Board find violations of the Larimer County Land Use Code exist, require compliance with county regulations within a time determined by the Board, and authorize legal action if deadlines set by the Commissioners are not met. 

 

Chair Rennels asked staff and Mr. Ressue if the Board could make a determination regarding the limit of 20-individuals allowed by the courts to camp on the island at the Mishawaka Inn. Mr. Ressue stated that it was not in the Board’s jurisdiction to make a decision regarding that specific matter.

 

Chair Rennels opened the hearing to the applicant and Robin Jones addressed the Board. Mr. Jones stated that he was not seeking to expand the number of individuals allowed to camp on the island; however, he would like to allow his employees to camp on his adjacent property when necessary. Mr. Jones also addressed the issues of camping on the Graves property stating that he has four portable toilets and a dumpster on the site. In regards to the shuttle service, Mr. Jones stated he rents four busses and drivers from a company in Boulder to transport patrons to and from the Mishawaka Inn.

 

Chair Rennels opened the hearing to public comment and David Metzgar, a Poudre Canyon resident, addressed the Board. Mr. Metzgar discussed the county imposed hardships that seem to be occurring for businesses in the canyon, such as increased ticketing for driving under the influence of drugs/alcohol, the proposed road name change, etc.

 

Stan Mcgarvey, adjacent land owner, also addressed the Board and stated while he has no problem with his neighbors, he would not miss the increased noise from busses and campers.

 

Chair Rennels closed public comment and voiced her concern about allowing camping to continue on the Graves property. She stated that while she strongly supported the idea of bussing patrons to and from the property, she was hesitant to allow camping without limits.

 

Commissioner Johnson stated he was inclined to support the shuttle service and camping on the Graves property in order to keep patrons from drinking and driving.

 

Commissioner Donnelly stated that while he was unhappy with Mr. Jones’ lack of regard for county processes, he was also inclined to allow the shuttle service and camping to continue through the end of the concert season as an expectation to do so has already been established.

 

M O T I O N

 

Commissioner Johnson moved that the Board of County Commissioners find violations of the Larimer County Land Use Code exist, allow the operation of off-premise parking on the Graves’ property, shuttle service, and camping on the Graves property (subject to the standards set forth for special events and outlined in Chapter 7 of the Larimer County Land Use Code) to continue until September 19, 2009.

 

 Motion carried 3-0.

 

There being no further business, the hearing recessed at 3:30 p.m.

 

 

LAND USE HEARING

 

The Board of County Commissioners reconvened at 6:30 p.m. with Matt Lafferty, Principal Planner. Chair Rennels presided and Commissioners Donnelly and Johnson were present. Also present were:  Eric Fried and Candace Phippen, Code Compliance Department; Charles Johnson and Eric Tracy, Engineering Department; Linda Hoffman, Rural Land Use Center; William Ressue, Assistant County Attorney; and Melissa Lohry, Deputy Clerk.

 

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

 

1.         WILD RURAL LAND USE PLAN EXTENSION:  This is a request for authorization to extend an existing preliminary approval of the Wild Rural Land Plan (RLUP) for ten years. Preliminary approval of the Wild Land Use Plan was granted December 6, 2004, by the Board of County Commissioners and the intended uses of the land have not changed. The original approval allows about 177-acres to be divided into ten single-family residential lots on nearly 45-acres. The bulk of the property, around 130-acres, will be protected from further development in perpetuity by either a covenant or conservation easement, as required by the RLUP.

 

The request for extension is on property that consists of two non-contiguous parcels of land referred to as the Development Parcel and the Non-Development Parcel (Development Parcel is generally located ¾ mile north of Highway 34, immediately north of the Hidden Valley Estates I and Hidden Valley Estates II RLUP projects and the Non-Development Parcel is generally located about 3/8 of a mile north of Highway 34, immediately west of the Devil’s Backbone).

 

The applicant submitted materials to pursue final plat approval within the one-year time allotted by County Code section 5.8.5.C.14 and the draft version of a final plat has been circulated to referral agencies and comments have been returned to the applicant; however, the applicant is reluctant to move forward with revising and finalizing the documents given the current housing market, and has requested an extension of the preliminary approval.

 

In their review of this request, staff has found the following:

 

·   The Wild Preliminary Rural Land Plan was approved December 6, 2004, and is subject to all conditions of approval as stated in the Findings and Resolution dated January 25, 2005.

 

·   The applicant has requested an extension of the preliminary approval for 10 years, extending the approval through August 2019.

 

·   No objections to the extension request were raised by any of the referral agencies which included Larimer County Departments of Planning, Engineering, Environmental Health, Emergency Services and Natural Resources; the City of Loveland departments of Planning, Fire and Rescue, Natural Areas and Water and Power; State agencies CDOT, and Division of Wildlife; and various special districts and utilities such as Thompson R2-J School District, Qwest, Xcel, and Western Area Power Administration. 

 

·   The preliminary approval was granted more than four and a half years ago. An additional ten year extension would result in the preliminary approval enduring for nearly fifteen years; however, an extension of three (3) years would give the applicant additional time to pursue final approval in recognition of the current unfavorable economic climate and housing market. If economic conditions worsen or persist, additional review and action by the Board of County Commissioners could be requested at that time. A three year extension would allow the county to consider changes in development standards or surrounding conditions that may evolve.

 

Staff recommends approval of the time extension for three years, until August 31, 2012, with the stipulation that all conditions of approval as stated in the Findings and Resolution dated January 25, 2005, continue to apply.

 

Chair Rennels opened the hearing to the applicant, Linda “Kitty” Wild, who addressed the Board and requested an extension of ten years. 

 

Chair Rennels opened the hearing to public comment and Jim Crowder, resident of Hidden Valley Estates, addressed the Board.  Mr. Crowder stated that the Wild RLUP should be required to help pay for the maintenance of the roads used to access the Wild property.  Mr. Crowder also raised concerns about hunters on the Wild property and their tendency to trespass onto surrounding properties.

 

Chuck Achziger, President of the Hidden Valley Estates Homeowners’ Association, also addressed the Board and voiced concern about hunting on the Wild property.

 

Chair Rennels closed public comment and allowed the applicant, Ms. Wild, the chance to refute the problems raised by Mr. Crowder and Mr. Achziger.  Ms. Wild simply stated that the problems were not part of her application and again requested the Board approve an extension of ten years.

 

Commissioner Johnson asked Ms. Wild about her plans to combine with surrounding subdivisions in an effort to maintain roads.  Ms. Wild stated that there will be a road maintenance fund established and paid into once building begins on the Wild RLUP.

 

Chair Rennels reminded the Board that extending the Wild RLUP application for ten years would mean spanning two potentially different Boards.

 

Commissioner Johnson agreed and suggested the Board approve an extension between three and five years.

 

Commissioner Donnelly agreed that five years was a reasonable amount of time.

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners approve an extension of five years for the Wild RLUP preliminary approval, until August 31, 2014. All conditions of approval as stated in the Findings and Resolution, dates January 25, 2005, shall continue to apply.

 

Motion carried 3-0.

 

2.         BARBER ZONING VIOLATION:  The property owners are in violation of Sections 4.1.1 and 4.1.2 of the Larimer County Land Use Code, which regulate FA and FA-1 Zoning Districts, in addition to Section 4.3.10(E), by virtue of outside storage of junk, debris, and unlicensed/inoperable vehicles not owned by the occupants of the property.

 

The properties are located on the south side of Lynn Drive, approximately 300-feet north of Trilby Road and a quarter mile east of South College Avenue in Fort Collins, Colorado. The larger parcel, “parcel one” file #09-CC0121, contains one single-family dwelling, is located on the southeast corner of Lynn Drive and Vivian Street, and is zoned FA-Farming. The smaller parcel, “parcel two” file #09-CC0120, is located on the southwest corner of Lynn Drive and Vivian Court, has four modular homes on the property (addressed as 6509 Vivian  Street, 6513 Vivian Street, 433 Vivian Court, and 437 Vivian Court) and is zoned FA-1.

 

A complaint about each parcel was received by code compliance staff on May 21, 2009, in regards to the outdoor storage of unlicensed/inoperable vehicles, junk, and debris on both sites. Because both parcels are owned by the Barbers, and because of a long history of neighborhood cross-complaints, staff decided to pursue investigation into both complaints simultaneously. Complaints against other parcels and encroachments into the right-of-way on Vivian Street are also being processed by staff but are not the subject of this hearing. As always, Code Compliance staff has attempted to enforce county codes even-handedly.

 

The following is a timeline of events for each parcel:

 

Parcel One:

On May 8, 2006, a complaint was filed for operating a “junkyard” and conducting remodeling work without the required permits. After much investigation, the complaint was not substantiated and the file was closed by Wendy Dionigi on October 15, 2007.

 

Pursuant to the new complaint, staff have visited the site several times and documented numerous unlicensed and/ or inoperable vehicles, as well as trash and debris, in the back yard. 

 

The latest on-site inspection occurred on August 6, 2009, at which time it was found that substantial progress had been made to clean up the property (compared to aerial photos and prior inspections). The Barbers reported spending almost $2,000 to get all required vehicles licensed and titled, but at the time of the inspection they had not installed license plates on all of the vehicles nor were they all fully operational. The wheels/axles have been removed from a semi-trailer on the property to achieve compliance with Land Use Code 4.3.10 (C). A vehicle originally believed to be a mobile home, was found to be a home-made trailer currently titled to the Barbers. There was still outdoor storage of debris, but the Barbers report it to be materials used by one of their four businesses. Staff was not provided access to a fenced portion of the yard, which was said to contain other vehicles.

 

It was noted during this visit that many properties in the neighborhood were in a similar condition, but staff has not received complaints about other properties. Based on prior policy direction from the Board of County Commissioners, county staff does not proactively initiate investigations of this nature.

 

Parcel Two:

A code compliance file was opened in June 2006, when staff received an inquiry from a realtor as to the status of four mobile homes contained on the parcel. During the subsequent investigation, Code Compliance Officer Wendy Dionigi noted in April 2007, that Mr. Barber had recently purchased the property and had already demolished one of the mobile homes. Ms. Dionigi informed Mr. Barber he needed a building permit to install a replacement mobile home, at which time the Barbers met with county staff and ultimately received a determination of nonconforming status and a building permit for the home. The dispute culminated in a hearing before the Board of County Commissioners on July 30, 2007, with the Board approving the replacement of the mobile home.

 

In 2008 a complaint was filed against parcel two for outdoor storage of junk and debris by one of the tenants. The complaint was resolved and the file closed on February 13, 2009.

 

Pursuant to the newest complaint, staff members have visited the site numerous times. On June 10, 2009, there was a car, a pickup-type camper shell, and a small amount of junk on the parcel. A dump truck loaded with debris has also been noted at the site but the truck was in different locations, with different loads, on subsequent visits, indicating it was in use to remove debris from the site. On July 1, 2009, an additional vehicle was parked on the site and on July 31, 2009, a third vehicle was parked on the site.

 

On August 6, 2009, staff was notified of a vehicle loaded onto a flatbed trailer and parked on the parcel. An inspection that same day revealed the trailer was licensed to the Barbers and the junk and debris on this parcel were removed; however, the Barbers had not yet completed the process of making the remaining vehicles fully operational and licensed.

 

Staff has found that the properties are zoned FA and FA-1 Farming, and outside storage of unlicensed, inoperable vehicles, junk, and debris is not a permitted use in these zoning districts. Also, outside storage of vehicles registered to someone other than the occupant of the property is not a permitted use in the FA and FA-1 Zoning Districts. Finally, the continued use of the properties in violation of the Larimer County Land Use Code will affect property values in the area as well as neighbors’ ability to enjoy their own properties. Therefore, staff recommends the Board find a violation exists and require compliance within 30-days (compliance requires that all vehicles stored outside on the property be operable and currently licensed to the occupants of the property). All outdoor junk and debris must be removed from the property. If the 30-day deadline is not met, the Board shall authorize legal action to enforce county regulations.

 

Chair Rennels opened the hearing to the property owners and Ruth Barber addressed the Board. Ms. Barber began by informing the Board that all of the vehicles on both properties are now operational and licensed to the Barbers. Ms. Barber stated that the properties owned by her and her husband are not out of character with the neighborhood, as most of their neighbors also have vehicles and debris stored on their properties. She also noted the many ways in which she and her husband have bettered their neighborhood, including landscaping the front yard of both parcels and improving the appearance of the mobile homes on parcel #2. Lastly, Ms. Barber presented a petition, containing the signatures of 95% of surrounding homeowners, in support of allowing the Barber’s properties to remain in its current state.

 

Floyd Barber also addressed the Board and stated that the complaints outlined above are only the latest attempts at harassment by the Carson family and the Hurd family. Mr. Barber stated that this is not the first time that these specific neighbors have manipulated county processes to hassle the Barbers.

 

Chair Rennels opened the hearing to public comment. Lauren McCaulby and Nicole Dyke addressed the Board in opposition of the reported violations against the Barbers and stated that they have also been endlessly harassed by the Carson family. TJ Hicks, Myrna Meyers, Mike Bower, Lance Dunkirk, and Kelly Trupkinwicz, all residents of the neighborhood, also addressed the Board in opposition to the violations, citing the numerous improvements the Barbers have made to their properties and the neighborhood as a whole.

 

Kenley Carson, Leisa Carson, Robert Hurd, and Gail Hurd, addressed the Board in support of the reported violations. All asked the Board to hold the Barber properties to the same standards as the rest of the county.

 

Craig Stern, attorney representing the Barber family, addressed the Board and reiterated Ms. Barber’s claims that the complaints were not just code enforcement issues, but a malicious attempt to use county resources and processes to ruin the lives of the Barber family.    

 

Chair Rennels closed public comment.

 

Commissioner Johnson stated that the county’s Land Use Codes were designed to protect citizens and their properties, not to harass neighbors, and because violations clearly do exist, he cannot find the complaints to be frivolous. He stated that the vehicles licensed to the Barbers should be removed from parcel #2 and a fence should be constructed to screen the remaining debris on parcel #1.

 

Commissioner Donnelly stated that he agreed with Commissioner Johnson about the screening requirement; however, he stated he interpreted the Land Use Code differently and did not believe the Barber’s should be forced to remove their vehicles from parcel #2.

 

Chair Rennels stated she agreed with Commissioner Johnson about the removal of vehicles from parcel #2 and specified that the fence constructed to screen the remaining illegal material must completely conceal the all of the materials.

 

M O T I O N

 

Commissioner Johnson moved that the Board of County Commissioners find a violation exists, require compliance within 30-days, and authorize legal action if the 30-day deadline is not met. He specified that compliance requires proof all vehicles stored on the property are operable and currently licensed to the occupants of the property and all outdoor debris must be removed from the property or completely screened from view by a fence. Legal action is authorized if compliance is not met within 30-days from the date of this hearing.

 

 Motion carried 2-1, Commissioner Donnelly dissenting.

 

There being no further business, the hearing adjourned at 9:00 p.m.

 

 

TUESDAY, AUGUST 25, 2009

 

ADMINISTRATIVE MATTERS

 

The Board of County Commissioners met at 9:00 a.m. with Neil Gluckman, Assistant County Manager. Chair Rennels presided and Commissioners Donnelly and Johnson were present. Also present were:  Frank Lancaster, County Manager; Donna Hart, Bob Keister, Deni LaRue, and Diane Tokarz, Commissioners’ Office; Michael Kirk and Stacey Baumgarn, Facilities and Information Technology Department; Rob Helmick, Matt Lafferty, and Samantha Mott, Planning Department; and Melissa Lohry, Deputy Clerk. 

 

1.         PUBLIC COMMENT:   Bonnie Mandell-Rice from the W.O.L.F. Sanctuary addressed the Commissioners and updated them on W.O.L.F.’s progress in resolving the issues raised by neighboring property owners at the Land Use Hearing on January 26, 2009. Ms. Mandell-Rice questioned staff and the Board about Conservation Easements and stated she would look into the possibility of placing such limits on the property.

 

Chair Rennels requested Ms. Mandell-Rice inform staff of the location of W.O.L.F.’s fire exit so that staff may update the property’s records.

 

Shirley Koenig, a resident of Red Feather Lakes, addressed the Board in regards to a shed her neighbor is planning to build. Ms. Koenig explained that her neighbor is in the process of applying for a building permit and variance to construct a barn on his property and in the meantime has decided to build a shed only a few feet from Ms. Koenig’s front door.

 

Commissioner Johnson asked Mr. Lafferty if the shed would meet set-back requirements. Mr. Lafferty explained that there was some confusion about lot lines and staff would need to research the property in greater detail before making a final determination.

 

Chair Rennels explained to Ms. Koenig that if the sheds proposed location is within the legal set-back, then the county has no authority to prevent its construction.

 

2.         APPROVAL OF THE MINUTES FOR THE WEEK OF AUGUST 17, 2009:

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners approve the minutes for the week of August 17, 2009.

 

Motion carried 3-0.

 

3.         REVIEW OF THE SCHEDULE FOR THE WEEK OF AUGUST 31, 2009:   Ms. Hart reviewed the upcoming schedule with the Board.

 

4.         CONSENT AGENDA:

 

M O T I O N

 

Commissioner Johnson moved that the Board of County Commissioners approve the Consent Agenda for August 25, 2009.

 

ABATEMENTS:       As proposed by the County Assessor, the following Petition for Abatement was presented for approval:  Hareen M. Alexander.

 

08252009A001           DEVELOPMENT AGREEMENT FOR NEWT PLANNED LAND DIVISION (FILE #07-S2739) BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS, BRIAN NEWT, AND REBECCA NEWT

 

08252009A002           ASSIGNMENT OF ALLOCATION BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE COLROADO HOUSING AND FINANCE AUTHORITY

 

08252009A003           DEPARTMENT OF PUBLIC WORKS CONTRACT BY AND BETWEEN THE BOARD OF COUTY COMMISSIONERS AND A-1 CHIPSEAL COMPANY OF DENVER

 

08252009A004           DEPARTMENT OF PUBLIC WORKS CONTRACT BY AND BETWEEN THE BOARD OF COUTY COMMISSIONERS AND A-1 CHIPSEAL COMPANY OF DENVER

 

08252009R001           FINDINGS AND RESOLUTION APPROVING THE VACATION OF AN EASEMENT IN LOT 18 OF CRYSTAL LAKES SUBDIVISION, 9TH FILING

 

08252009R002           FINDINGS AND RESOLUTION APPROVING THE AMENDED PLAT OF LOTS 11 AND 12 IN LOVELAND HEIGHTS

 

08252009R003           FINDINGS AND RESOLUTION APPROVING THE POUDRE VALLEY RURAL ELECTRIC AUTHORITY MINOR LAND DIVISION

 

08252009R004           FINDINGS AND RESOLUTION APPROVING THE NELSON LABRADOR LANE MINOR LAND DIVISION

 

08252009R005           FINDINGS AND RESOLUTION APPROVING THE DK CATTLE MINOR LAND DIVISION AND APPEAL

 

08252009R006           FINDINGS AND RESOLUTION APPROVING THE PETITION OF DRIPPING SPRINGS SPECIAL REVIEW

 

08252009R007           RESOLUTION ESTABLISHING COMPENSATION FOR DISTRICT ATTORNEY APPOINTED OFFICIALS

 

MISCELLANEOUS:           Final Plat – Newt Planned Land Division; Findings and Order of Show Cause Hearing for Mishawaka Inn, Inc. doing business as Mishawaka Inn; Updates to CCCAP Policies: Eligibility Over Ride Policy, Job Search Policy, Ongoing Works Child Care Policy, Provider Over Payment Policy, Post-TANF Child Care Policy, Reduced Parental Fee (Hardship) Policy, Special Needs Policy, Works Parental Fee Policy; and Updates to CCCAP Policies: Absences, Holds & Paid Holidays Policy, Alternative Rate Policy, Authorization Closure Notification, CCAP Eligibility (FPL) Policy, Child Care Over Payment Policy, Client Interview Policy, County Residency Verification Policy.

 

LIQUOR LICENSES:         The following liquor licenses were issued and/or approved:  Snake Lake Bar & Grill LLC – Tavern – Red Feather Lakes; Castillon’s Mexican Restaurant – Hotel and Restaurant – Fort Collins; Bar SS Tavern – Tavern – LaPorte; Best Western Crossroads – New Manager Registration – Loveland.

 

Motion carried 3-0.

 

5.         ENERGY EFFICIENCY CONSERVATION BLOCK GRANT UPDATE:   Mr. Kirk and Mr. Baumgarn provided the Board an update on the $364,200 grant received by the county. The money will be dispersed over two years and will help fund: 1) Energy Efficient Building Department Standards and Codes; 2) Information Technology Virtualization program 3) the Development of Energy Management Software; 4) Education and Community Outreach; 5) Administrative costs; 6) Salary for Energy Conservation Specialist, hired to complete required government reporting, identify and compete for additional energy grants, and manage other pieces of the proposed program; and 7) Develop an Energy Efficiency Plan/Strategy for implementation by all county offices.

 

The Board thanked Mr. Kirk and Mr. Baumgarn and requested they continue to provide periodic updates to the Board.

 

6.         REFERRAL OF 1041 APPEAL TO THE LARIMER COUNTY PLANNING COMMISSION:   Mr. Helmick addressed the Board and explained that the Planning Department received an appeal to the requirements of obtaining a 1041 permit for a new electrical substation. The applicants, Colorado State University and Xcel Energy, are requesting an appeal for an electrical substation to be built on Colorado State University’s Foothills Campus.

 

The Board discussed the referral and agreed it would be useful to have the Planning Commission review the application and provide comment prior to the Board’s consideration of the application at hearing.

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners approve referring the application of Colorado State University and Xcel Energy to the Larimer County Planning Commission for comment prior to the hearing on the requested appeal.

 

Motion carried 3-0.

 

7.         BOARDS AND COMMISSIONS APPOINTMENTS: Ms. Tokarz presented the following appointments and reappointments for approval:

 

Board of Adjustment:           Carol Dowding appointed as and alternate to the Board for a 3-year period beginning August 25, 2009, and expiring June 30, 2012.

 

Extension Advisory Committee:       Kristina Meyers and Brenna Tindall, appointed for a 3-year period beginning August 25, 2009, and expiring June 30, 2012.

 

Rural Land Use Board:         Suzanne Bassinger and William Spencer reappointed for a 3-year period beginning August 25, 2009, and expiring June 30, 2012; Mike Lynch appointed for a 3-year period beginning August 25, 2009, and expiring June 30, 2012.

 

M O T I O N

 

Commissioner Johnson moved that the Board of County Commissioners approve the appointments and reappointments to the Board of Adjustment, Extension Advisory Committee, and the Rural Land Use Board as listed above.

 

Motion carried 3-0.

 

8.         ASSISTANT COUNTY MANAGER WORKSESSION: Mr. Gluckman addressed the Board and requested additional topics for the legislative meeting on September 29, 2009. Chair Rennels requested a discussion on the consolidation of lots for tax purposes and Commissioner Johnson requested a discussion on the impacts to county government budgets by legislative changes.

 

Mr. Lancaster and Mr. Keister reviewed the “Revised Estimated 2010 Funds” available to the county. Mr. Keister explained that the original estimation of funds received from property taxes was roughly $2 million less than the amount collected and requested the Board’s direction regarding how the additional money should be dispersed.

 

Commissioner Johnson stated that while the surplus should be used to cover critical shortcomings in places such as the Larimer County Detention Center, the county should remain frugal and keep the majority of the funds in surplus.

 

Commissioner Donnelly agreed and suggested some on the additional funds be applied to the Senior Tax Work Off Program.

 

Chair Rennels agreed with Commissioners Johnson and Donnelly and requested the Board revisit the topic when departmental budget proposals become available.

 

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

 

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

 

 

 

 

 

__________________________________________

                        KATHAY RENNELS, CHAIR

BOARD OF COMMISSIONERS

 

 

SCOTT DOYLE

CLERK AND RECORDER

 

ATTEST:

 

 

­­­______________________________________

Melissa E. Lohry, Deputy Clerk

 

 

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