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> Meetings & Minutes > Commissioners' Minutes > BCC Minutes for 01/19/09  

MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

 

 

Monday, January 19, 2009

 

County offices were closed on Monday, January 19, 2009 in observance of Martin Luther King Jr. Day.

 

 

Tuesday, January 20, 2009

 

 

ADMINISTRATIVE MATTERS

 

The Board of County Commissioners met at 9:30 a.m. with Frank Lancaster, County Manager. Chair Rennels presided and Commissioners Donnelly and Johnson were present. Also present were: Neil Gluckman, Assistant County Manager; Donna Hart, Commissioners’ Office;  Major Justin Smith, Lieutenant Andy Josey, and Sergeant David Burns, Sheriff’s Department; Joni Friedman and Dena Jardin,  Workforce Center; and Melissa Lohry, Deputy Clerk.

 

1.         PUBLIC COMMENT:  There was no public comment today.

 

2.         REVIEW OF THE SCHEDULE FOR THE WEEK OF JANUARY 26, 2009:  Ms. Hart reviewed the upcoming schedule with the Board.

 

3.         APPROVAL OF THE MINUTES FOR THE WEEK OF JANUARY 12, 2009:

 

M O T I O N

 

Commissioner Johnson moved that the Board of County Commissioners approve the minutes for the week of January 12, 2009.

 

Motion carried 3-0.

 

4.         CONSENT AGENDA:

 

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 January 20, 2009:

 

01202009A001           DEPARTMENT OF PUBLIC WORKS CONTRACT BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS, STATE OF COLORADO, AND HAMON CONTRACTORS, INC.

 

01202009R001           FINDINGS AND RESOLUTION APPROVING THE SANCHEZ MINOR SPECIAL REVIEW       

 

01202009R002           FINDINGS AND RESOLUTION APPROVING THE TIMBERLINE RESOURCES SPECIAL REVIEW AMENDMENT TO CONDITION OF APPROVAL

 

MISCELLANEOUS: Change in Sheriff’s Office Fingerprinting and Photographing Fee Schedule; Larimer County Cottonwood Shores PID #42 Advisory Board Bylaws; and Larimer County Terry Cove PID #37 Advisory Board Bylaws.

 

LIQUOR LICENSES:           The following licenses were approved and issued: Sundance Steakhouse – Hotel & Restaurant – Fort Collins.

 

Motion carried 3-0.

 

 5.        BOARD ASSIGNMENTS FOR 2009:  Mr. Gluckman reviewed the appointments for various boards and committees within the county and assigned a Commissioner to serve as liaison and point-of-contact for each.

 

6.         LEGISLATIVE UPDATE:  Mr. Gluckman informed the Board that they will meet with the legislative representatives for Larimer County on Friday, January 30, 2009, during which time they will be allowed to discuss topics the Board deems pertinent.

 

The Board briefly discussed a few pending legislative items that are of interest to the county and that they may want to discuss at the meeting.

 

7.         TIMNATH LAW ENFORCEMENT AGREEMENT:  Sergeant Smith and Lieutenant Josey presented the revised agreement, between Larimer County and the Town of Timnath, regarding law enforcement for 2009. Sgt. Smith noted that Timnath established a small municipal police department in 2008, which currently employs only one officer. Therefore, the proposed $24,000 agreement will allow the county to continue to provide law enforcement officers to Timnath, while the they transition and expand their municipal police department.  

 

Chair Rennels questioned Sgt. Smith about the span of time before the town becomes self-reliant and Sgt. Smith estimated it will probably be three to four years.

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners approve the Law Enforcement Agreement with the Town of Timnath.

 

Motion carried 3-0.

 

01202009A002           FIRST RENEWAL AND REPLACEMENT OF THE LAW ENFORCEMENT AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE TOWN OF TIMNATH

 

8.         INTEGRATED EMERGENCY MANAGEMENT COURSE:  Mr. Lancaster informed the Board that they had been invited once again, by the Federal Emergency Management Agency (FEMA), to participate in the Integrated Emergency Management Course. The course will take place in Maryland, during the week of April 12, 2009, and a representative from the Board is encouraged to attend along with county staff.

 

Mr. Lancaster requested the Board grant the county approval to cover the cost of food for those who attend the event, as well as appoint a representative from the Board to attend the course.

 

The Board approved Mr. Lancaster’s request to cover the cost of food and appointed Commissioner Johnson to attend the integrated emergency management course.

 

No motion was required for this item.

 

9.         COMMISSIONER REPORTS:  The Board discussed events they attended during the previous week.

 

10.       WORKSESSION:  There were no worksession items to discuss.

 

11.       EXECUTIVE SESSION REGARDING NEGOTIATIONS: Ms. Friedman and Ms. Jardin addressed the Board and requested they go into executive session regarding negotiations as outlined in 24-6-402-(4)(e) C.R.S.

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners go into Executive Session for determining positions relative to matters that may be subject to negotiations, developing strategy for negotiations, and instructing negotiators as outlined in 24-6-402-(4)(e) C.R.S.

 

Motion carried 3-0.

 

There being no further business, the meeting recessed at 10:45 a.m.

 

 

LAND USE HEARING

 

The Board of County Commissioners reconvened at 3:00 p.m. with Matt Lafferty, Principal Planner. Chair Rennels presided and Commissioners Donnelly and Johnson were present. Also present were: Traci Shambo, Engineering Department; Doug Ryan, Environmental Health Department; Officer Andrew Hart, Estes Park Police Department; Dave Shirk, Estes Valley Planning Department; Michael Whitley, Planning Department; and Melissa Lohry, Deputy Clerk.

 

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

 

1.         JESSUP LOT SIZE APPEAL, FILE #08-G0165:  This is a request for approval of a lot size appeal to allow for the creation of 2.5-acre lot in the O-Open zoning district where the minimum lot size is 10-acres. The subject property consists of a 6.5-acre legal lot that has been in its current configuration since at least 1970. In 1963, the property was zoned O-Open and at that time, the minimum lot size in the O-Open zoning district was 2.3-acres.

 

In December 2001, Sylvan Dale Ranch established a 140-acre conservation easement on Green Ridge, just west of the Green Ridge Glade Reservoir in Loveland. A portion of the conservation easement was donated to Larimer County, by Sylvan Dale Ranch, and the remaining portion of the easement was purchased by Larimer County Open Lands. In May 2003, the conservation easement was slightly amended by the county. 

 

The entire 6.5-acres of the property referenced in today’s request was included in the 2001 conservation easement; however, the amendment in 2003 removed the conservation easement from 2.5-acres of the subject property, allowing for the development of a single-family home. If the lot size appeal is not granted, the property owner could still build a home on the 2.5-acres of land that is not within the conservation easement.

 

If the lot size appeal is granted, the property owner’s intent is to apply for a Boundary Line Adjustment to incorporate the 4-acres within the conservation easement into an adjacent property and leave the 2.5-acre parcel as a buildable lot. No additional lots would result from the Boundary Line Adjustment.

 

Staff understood the property owner’s intent to create buildable area on the 2.5-acres when the conservation easement was amended in 2003 and supports the proposed lot size appeal.

 

Chair Rennels opened the hearing to public comment and the appellant, David Jessup, addressed the Board. Mr. Jessup stated that he was in complete agreement with staff regarding the appeal.

 

Chair Rennels asked Mr. Ryan if he was comfortable with the appeal due to the lot’s close proximity to the Green Ridge Glade Reservoir. Mr. Ryan stated that he had visited the site and did not believed that neither the development of the property nor the installation of a septic tank would cause any threat to the Reservoir.

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners approve the Jessup Lot Size Appeal, file #08-G0165.

 

Motion carried 3-0.

 

2.         BURGESS ZONING VIOLATION:  This is a zoning violation brought before the Board by Officer Andrew Hart of the Estes Park Police Department.

 

On June 13, 2008, a complaint was received from an anonymous party alleging that the owner of the property located at 1075 Giant Track Road, in unincorporated Larimer County, was in violation of the Estes Valley Development Code, section 5.1.N. That same day, Officer Hart conducted a site visit and advised the property owner that a complaint had been received regarding the accumulation of materials on the property and the owner agreed to clean up the property by July 1, 2008.

 

On November 11, 2008, the property owner was contacted by telephone and advised that an investigation was underway regarding the unresolved code violations and a Notice of Violation was delivered, by hand, to the property owner.

 

On November 25, 2008, Officer Hart returned to the property to determine if compliance had been achieved and observed that the property remained in violation of the Estes Valley Development Code. Specifically, Officer Hart observed seven (7) cars, two (2) campers, one (1) trailer, and one (1) boat located on the property. He also noted that the accumulation of materials had not been reduced, although, it did appear that some of the materials had been rearranged and/or relocated on the property.

 

Since November 25, 2008, numerous calls and visits to the property owner have failed to resolve the violation.

 

Staff recommends the Board find the property owner in violation of the Estes Valley Development Code by virtue of allowing more than four (4) vehicles and two (2) pieces of recreational equipment and/or recreational vehicles to be parked or stored on a lot of 2-acres or less. Staff further recommends the Board authorize legal action if compliance with county regulations is not met within thirty (30) days from the date of this hearing.

 

Chair Rennels opened the hearing to public comment; however, there was no one present to address the Board.

 

Chair Rennels suggested that because the property owner was not present at the hearing, the Board allow him/her sixty (60) days to become compliant.

 

M O T I O N

 

Commissioner Johnson moved that the Board of County Commissioners find the property owner is in violation of the Estes Valley Development Code by virtue of allowing more than (4) vehicles and two (2) pieces of recreational equipment and/or recreational vehicles to be parked or stored on a lot of 2-acres or less. The owner must reach compliance within sixty (60) days from the date of this hearing by limiting the number of vehicles parked or stored on the lot to four (4) and no more than two (2) pieces of recreational equipment and/or recreational vehicles. The Board authorizes legal action if compliance is not met within sixty (60) days from the date of this hearing.

 

Motion carried 3-0.

 

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

 

 

 

 

 

________________________________

                                    KATHAY C. RENNELS, CHAIR

BOARD OF COUNTYCOMMISSIONERS

SCOTT DOYLE

CLERK AND RECORDER

 

ATTEST:

 

 

­­­______________________________________

Melissa E. Lohry, Deputy Clerk

 

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