> Meetings & Minutes > Commissioners' Minutes > BCC Minutes for 04/04/11  

MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

 

 

MONDAY, APRIL 4, 2011

 

LAND USE HEARING

 

The Board of County Commissioners met at 3:00 p.m. with Matt Lafferty, Principal Planner. Chair Donnelly presided and Commissioner Johnson was present. Also present were: Robert Helmick and Chad Gray, Planning Department; Doug Ryan, Environmental Health Department; Jeff Goodell, Engineering Department; Jeannine Haag, County Attorney’s Office; and Dana Bouchard and Gael Cookman, Deputy Clerks.

 

Chair Donnelly opened the meeting with the pledge of allegiance and asked for public comment on the County Budget and Land Use Code.

 

Michael Charles Carmien, an electrical contractor specializing in renewable energy systems, expressed concerns regarding the county’s land use code, specifically setback and height restrictions for wind turbine towers.

 

Mr. Lafferty thanked Mr. Carmien for voicing his concerns and noted that staff will research the restrictions and follow-up with Mr. Carmien.

 

Chair Donnelly explained that the following items were on the consent agenda and will not be discussed unless requested by a member of the Board, staff, or the audience.

 

1.    ESTES PARK ESTATES SUBDIVISION 2ND LOTS 27 & 28 AMENDED PLAT AND EASEMENT VACATION:  This request is to amend Lots 28 & 29 of the Estes Park Estates Subdivision 2nd Filing, designed to combine Lot 28 and a portion of Lot 29 into one lot. If granted, the request will simplify the property’s legal description and allow all current structures to be located entirely on one lot. The applicants have also requested to vacate a 10-foot utility easement along the lot line, while also dedicating a new 5-foot easement on the revised lot line.

 

In their review of this request, staff has found the proposed amendment and easement vacation will not adversely affect any neighboring properties or any county agency, nor will the request result in any additional lots.

 

Therefore, staff recommends approval of the Amended Plat of Lots 28 & 29 Estes Park Estates Subdivision, 2nd Filing, and 10-foot easement vacation, file #11-S3024, subject to the following conditions (and authorization for 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 September 4, 2011, 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 shall make the technical corrections requested by the Assessor’s Office.

 

2.         GUESWEL EXEMPTION AND GUESWEL SEARS/SCHARF BOUNDARY LINE ADJUSTMENT: This is a request to combine a tract of land, directly adjacent to the Poudre River with three adjacent properties, by amending the plat of the Gueswel Exemption and adjusting the boundary lines. The plat will create and record actions completed via quit claim deeds recorded in 2010.

 

In their review of this request, staff has found the proposed amendment and boundary line adjustment will not adversely affect any neighboring properties or any county agency. The amended plat will not result in any additional lots; therefore, staff finds that the request meets the requirements of the Larimer County Land Use Code.

 

Therefore, staff recommends approval of the Amended Plat of the Gueswel Exemption and the Gueswel Sears/Scharf Boundary Line Adjustment, file #11-S3023, subject to the following conditions (and authorization for 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 4, 2011, 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 the Land Surveyor of the Larimer County Engineering Department.

 

3.         The reconfiguration of the lot lines shall be finalized at such a time when the plat and findings and resolution of the County Commissioners are recorded. 

 

M O T I O N

 

Commissioner Johnson moved that the Board of County Commissioners approve the consent agenda, as outlined above.

 

Motioned carried 2-0.

 

3.         BERTHOUD TIE LINE 1041 APPEAL – FILE #11-G0210:  This is a request to appeal the requirements of the 1041 permit process for a 500-foot-section of a high pressure gas line. The location of the proposed gas line is south of County Road 14 and adjacent to the limits of the Town of Berthoud. The Berthoud Tie Line connects an existing regulator/substation located south of this site at the terminus of the Milliken-Berthoud Gas Line and the West Main Gas Line in south west Loveland. The Milliken line was reviewed and approved through the location and extent process immediately before the adoption of the current 1041 regulations. The West Main Line was recently approved by the Board of County Commissioners via a 1041 permit. 

 

The applicant indicates that the original intent of this line was for the entire length to be placed within Berthoud Town Limits. However, due to the platting of the Heron Lakes PUD a short section of the proposed connecting line cannot be reasonably located within the town limits. The applicants have negotiated a construction easement and a permanent easement, for access and maintenance, from the affected property owner. If approved, construction of the line is anticipated to occur during the summer of 2011. 

 

In review of this request, staff finds that the requested appeal is consistent with the stated intent and purpose of the adopted 1041 regulations. Specifically, there has not been any significant public input resulting from the notice sent out to property owners and the applicants adequately assessed the proposed site of the pipeline.

 

Therefore, staff recommends approval of the Berthoud Tie Line 1041 Appeal, file #11-G0210.

 

Chair Donnelly opened the hearing to the applicant and Dan Tekavec, Public Service Company of Colorado, voiced his support for the requested appeal.

 

Chair Donnelly opened the hearing to public comment; however, no one from the audience addressed the Board regarding this matter.

 

M O T I O N

 

Commissioner Johnson moved that the Board of County Commissioners approve the Berthoud Tie Line 1041 Appeal.

 

Motioned carried 2-0.

 

4.         CHIU ZONING VIOLATION – FILE #10-CC0291:  This is an alleged violation of Section 4.1.5, O-Open Zoning District, of the Larimer County Land Use Code by virtue of operating a firewood cutting business in the Open Zoning District, which is not an allowed use without Special Exception approval.

 

On November 19, 2011, Code Compliance staff received a complaint about a firewood cutting business located at the subject property. At the end of November, Mr. Gray, visited the property and spoke with the tenant. The tenant of the property noted that she was subletting the back portion of the lot to a third party for storage of firewood and equipment. The property owner was contacted on December 3, 2010, at which time he stated that he was aware of the subletting situation. The firewood business owner, Tony Mahon, contacted Mr. Gray on December 7, 2010, and volunteered to move the business from the subject property by the end of January 2011. The business was not moved from the property and a hearing was scheduled for April 4, 2011.

 

Staff finds that violations of the Larimer County Land Use Code exist and require compliance with county regulations within a time determined by the Commissioners, and authorize legal action if deadlines set by the Commissioners are not met.

 

Chair Donnelly opened the hearing to the business owner, Tony Mahon, owner of Wood Business, addressed the Board to request that the business be allowed to remain and operate at the subject location.

 

Chair Donnelly then opened up the hearing for public comment:

 

Greg Zausen, Colorado State Forest Service, spoke in favor of the business and the services offered.

 

Donna Sasso, Duane Parks, and Rita Supiras, adjacent property owners, spoke against the business remaining in operation, due to declining property values.

 

Chair Donnelly closed public comment and opened the hearing to the business owner for rebuttal. Mr. Mahon reiterated his desire for the business to remain in operation.

 

Discussion ensued between the Board and staff in an attempt to ensure a feasible timeline for compliance.

 

M O T I O N

 

Commissioner Johnson moved that the Board of County Commissioners  find that violations of the Larimer County Land Use Code exist, require compliance (in the form of a completed land-use application to the Planning Department by May 9, 2011), and authorize legal action if the deadlines are not met.

 

Motion carried 2-0.

 

There being no further business, the Board adjourned at 4:00 p.m.

 

TUESDAY APRIL 5, 2011

 

ADMINISTRATIVE MATTERS

 

The Board of County Commissioners met at 9:00 a.m. with Frank Lancaster, County Manager. Chair Donnelly presided and Commissioner Johnson was present. Also present were: Larry Abrahamson, District Attorney’s Office; Justin Smith, Sheriff’s Department; Donna Hart and Deni LaRue, Commissioners’ Office; Mark Peterson, Engineering Department; Michael Kirk and Steve Balderson, Facilities Department; Carol Block, Finance Department; Liz DeJongh, Pam Stultz, and Lorenda Volker, Human Resources Department; Connie Ellis, Risk Management Department; Jeannine Haag and Linda Connors, County Attorney’s Office; and Dana Bouchard and Melissa Lohry, Deputy Clerks.

 

1.    PUBLIC COMMENT:         Gregg Leverett expressed concern regarding the procedures and operations of the Larimer County of Human Services Department.

 

Mel Hilgenberg announced the closing of the City of Fort Collins election at 7:00 p.m.

 

2.    CRYSTAL FIRE:     Sheriff Smith provided information regarding the Crystal Fire in Larimer County.  He stated that the fire is 15-percent contained and that the weather continued to pose a threat for firefighters and homeowners. Mr. Smith requested the Board approve a resolution to enact a 30-day ban on all open fires within the county.

 

M O T I O N

 

Commissioner Johnson moved that the Board of County Commissioners approve a resolution declaring fire restrictions in Larimer County for 30-days.

 

Motion carried 2-0.

 

04052011R004           RESOLUTION DECLAIRING FIRE RESTRICTIONS IN LARIMER COUNTY

 

3.    APPROVAL OF THE MINUTES FOR THE WEEK OF MARCH 28, 2011:

 

M O T I O N

 

Commissioner Johnson moved that the Board of County Commissioners approve the minutes for the week of March 28, 2011.

 

Motion carried 2-0.

 

4.    REVIEW OF THE SCHEDULE FOR THE WEEK OF APRIL 11, 2011:        Ms. Hart reviewed the upcoming schedule with the Board.

 

5.    CONSENT AGENDA:

 

M O T I O N

 

Commissioner Johnson moved that the Board of County Commissioners approve the consent agenda, as listed below:

 

04052011R001           RESOLUTION TO REQUEST A MAIL BALLOT ELECTION

 

04052011R002           FINDINGS AND RESOLUTION APPROVING THE EAGLES

CREST RESORT PRELIMINARY AND FINAL CONDOMINIUM MAP

 

04052011R003           RESOLUTION ADOPTING AMENDMENTS TO THE LARIMER COUNTY LAND USE CODE

 

Motion carried 2-0.

 

6.    NATIONAL CRIME VICTIMS’ RIGHTS PROCLAMATION FOR THE WEEK OF APRIL 10, 2011, TO APRIL 16, 2011:              Mr. Abrahamson noted that the week of April 10, 2011, is National Crime Victims’ Rights Week across the nation, and requested the Board uphold this tradition by adopting a proclamation for Larimer County.

 

Commissioner Johnson read the proclamation aloud.

 

M O T I O N

 

Commissioner Johnson moved that the Board of County Commissioners proclaim the week of April 10, 2011, National Crime Victims’ Rights Week.

 

Motion carried 2-0.

 

7.    HVAC EQUIPMENT TO SERVE FIRST FLOOR CONFERENCE ROOMS AT THE LARIMER COUNTY COURTHOUSE OFFICES BUILDING:       Mr. Kirk and Mr. Balderson presented their proposal to install an HVAC roof-top unit to provide heating and air-conditioning to the three conference rooms on the first floor of the courthouse building. This system would operate independently from the rest of the building, allowing the rooms to be independently controlled during after hour meetings. If approved, the system, with an estimated lifespan of 20 to 25-years, will reduce energy consumption and save an estimated $13,060 annually.

 

M O T I O N

 

Commissioner Johnson moved that the Board of County Commissioners approve the installation of an HVAC roof-top unit for the conference rooms at the Larimer County Courthouse Offices.

 

Motion carried 2-0.

 

04052011A001           AGREEMENT BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND TRANE U.S. INCORPORATED FOR AN HVAC ROOF TOP UNIT FOR THE CONFERENCE ROOMS AT THE LARIMER COUNTY COURTHOUSE OFFICES.

 

8.      GOLD WELL WORKPLACE AWARD:   Ms. DeJongh, Ms. Stultz, and Ms. Volker informed the Board of an award presented to Larimer County from The Wellness Councils of America, for the success of the Wellness Program. Ms. DeJongh provided a brief overview of the Wellness Program and noted that the award helps the City of Fort Collins move one step closer to becoming a “Well City.”

 

9.         REQUEST TO PARTICIPATE IN AN ANALYSIS OF THE FORT COLLINS TRANSPORTATION MANAGEMENT AREA (TMA):  Mr. Lancaster presented a request to regionalize the Fort Collins Transportation Management Area (TMA), as well as, possible implementation of governance and a funding structure for the system. Cost of the project is estimated to be $130,000 to $150,000, with 80-percent of the estimated budget to be funded with federal transportation funds. The remaining 20-percent match is to be provided with local funds. Mr. Lancaster requested that Larimer County participate in the partnership by providing a local match of $10,000, to be funded from the Health and Human Services fund balance.

 

M O T I O N

 

Commissioner Johnson moved that the Board of County Commissioners approve the request to participate in the analysis of the Fort Collins Transportation Management Area by contributing a $10,000 local match, from the Health and Human Services fund balance.

 

Motion carried 2-0.

 

10.       COUNTY MANAGER WORKSESSION:  In follow-up to concerns raised during previous public comment, regarding the county’s indication of “no environmental impact” on the Federal Communications Commission (FCC) application for the radio tower at Middle Bald Mountain at the insistence of the FCC; Mr. Lancaster explained that the county acted on direction from the FCC. Mr. Lancaster stated that because the county was already undergoing environmental impact studies for another portion of the project, the FCC requested they indicate “no environmental impact” to prevent triggering multiple studies for the same project.

 

The Board thanked Mr. Lancaster for the update and thanked staff for their management of the project.

 

11.       COMMISSIONER ACTIVITY REPORTS:  The Board elected not to provide activity reports for the previous week.

 

12.       LEGAL MATTERS:  Ms. Haag briefly discussed the Boards’ authority to review child protection records. The Board decided to revisit this issue the following week when Commissioner Gaiter would be present.

 

Mr. Lancaster and Mr. Peterson requested the Board go into Executive Session for the purpose of developing strategy for negotiations on land use matters and the issuance of a settlement claim.

 

M O T I O N

 

Commissioner Johnson 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 2-0.

 

The Executive Session ended at 10:30 a.m., with no further action taken.

 

THURSDAY APRIL 7, 2011

 

DECLARATION OF EMERGENCY

 

The Board of County Commissioners met at 3:00 p.m. with Frank Lancaster, County Manager. Chair Donnelly presided and Commissioners Gaiter and Johnson were present. Also present were: Neil Gluckman and Deni LaRue, Commissioners’ Office; and Dana Bouchard and Melissa Lohry, Deputy Clerks.

 

1.         CRYSTAL FIRE:  Mr. Lancaster recommended that the Board declare a local emergency for the Crystal Fire in Larimer County. He explained that the Declaration of Emergency is important for reclamation of money from State and Federal sources, as the estimated cost of damages is currently $800,000 and rising.

 

Commissioner Johnson agreed and emphasized that the Declaration of Emergency is necessary for coordinating finance efforts, and is not a delayed response to the fire emergency. He stated that the fire was declared an emergency the day it started and all efforts are being exhausted to fight it. Lastly, Commissioner Johnson stressed that the declaration does not change the response or severity of the disaster.

 

M O T I O N

 

Commissioner Johnson moved that the Board of County Commissioners approve the Declaration of Emergency for the Crystal Fire.

 

Motion carried 3-0.

 

04072011R001           DECLARATION OF EMERGENCY FOR THE CRYSTAL FIRE

 

There being no further business, the Board adjourned at 3:15 p.m.

 

 

 

 

 

 

__________________________________________

   TOM DONNELLY, CHAIR

BOARD OF COMMISSIONERS

 

SCOTT DOYLE

CLERK AND RECORDER

 

ATTEST:

 

_____________________________________

Dana S. Bouchard, Deputy County Clerk