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MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

 

 

MONDAY, AUGUST 1, 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:  Traci Shambo, Engineering Department, Rob Helmick, Planning Department; Jeannine Haag, County Attorney’s Office; and Melissa Lohry, Deputy Clerk.

 

Chair Donnelly 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.

 

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

 

1.         MELIN/WALDEN WEST/WEEK BOUNDARY LINE ADJUSTMENT AMENDED PLAT, FILE #11-S3047:   This is a request to amend the plat and adjust the boundary between Tract B of the Melin Exemption and the Walden West/Meeks properties. The applicant proposes to adjust a common property line which was intended to follow the alignment of an irrigation ditch, but was erroneously described, through the use of an amended plat and boundary line adjustment. No new parcels or lots are being created and the amendment resolves the location “error” in the effected legal descriptions.  

 

Staff recommends approval of the Melin Exemption Amended Plat, file #11-S3047, 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.    All conditions of approval shall be met and the final plat recorded by February 1, 2012, or this approval shall be null and void.

 

2.    Prior to the recordation of the final plat, the applicant shall make the technical corrections required by Dale Greer, Land Surveyor of the Larimer County Engineering Department.

2.         CARSTENS BACKBONE VIEW SUBDIVISION – DEVELOPMENT AGREEMENT TIME EXTENSION, FILE #05-S2496:  This is a request to amend the Development Agreement for the Carstens Backbone View Subdivision to extend time for Phase 2 of the development, filing of the final plat. At the time of preliminary and final, plat approval, the owners did not believe that there was a reasonable market which could absorb the proposed lots due to the current state of the economy and, as the market conditions continue to be poor, the applicants are now requesting to extend the time to submit the final plat for the phase until 2014. This subdivision was approved in two phases with phase one being a lot containing the existing home and the remaining land to be two, undivided blocks. Phase 2 is the division of the land left over from phase one and the required the road, drainage and water utility improvements.

 

Staff recommends approval of the Carstens Backbone View Subdivision Development Agreement Amendment, file #05-S2496, subject to the following condition:

 

1.         Revise Paragraph 4 the first bullet of the Paragraph to read -- The Final Plat for Phase 2 shall be submitted no later than July 31, 2014.

 

 

3.         FOX HOLLOW PLANNED LAND DIVISION/PLANNED DEVELOPMENT – AMENDED DEVELOPMENT AGREEMENT EXTENSION, FILE #07-S2666:  This is a request to extend the time for completion of the public improvements for the PLD/PD. The Fox Hollow PLD/PD was initially approved, at preliminary plat, on August 3, 2007. The final plat was approved on May 8, 2008, and recorded on May 14, 2008. The Development Agreement anticipated that the improvements were to be completed by July of 2010, or prior to the issuance of a building permit on the lot, whichever came first. Since 2008, the economy has prevented the sale of the lot or installation of the nominal improvements, a common drive and water service, for the lot. The applicant is now requesting an open ended extension that is tied to the application for a building permit on Lot 2.  

 

Staff recommends approval of the Fox Hollow PLD/PD Development Agreement and Amendment, file #07-S2666, subject to the following condition(s):

 

1.         Revise the Development Agreement as follows:

 

            Item 8. (Completion Date) shall be modified so as to read in its entirety as follows:

All improvements required being constructed, or installed, for development of the Property and all other matters agreed to be performed shall be installed, constructed or performed by the owner of Lot 2 before acceptance of a building permit application on Lot 2. 

 

 

M O T I O N

 

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

 

Motion carried 2-0.

 

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

 

TUESDAY, AUGUST 2, 2011

 

ADMINISTRATIVE MATTERS

 

The Board of County Commissioners met at 9:00 a.m. with Neil Gluckman, Assistant County Manager. Chair Donnelly presided and Commissioners Gaiter and Johnson were present. Also present were:  Donna Hart, and Deni LaRue, Commissioners’ Office; Andy Paratore, Jeff Rulli, Christine Day, Louise Keough, Arthur Schumaker, and Royce Simpson, Facilities and Information Technology Department; Steve Miller, and Alexis Smith, Assessor’s Office; Jeannine Haag, Bill Ressue, and Linda Connors, County Attorney’s Office; and Gael Cookman, Deputy Clerk.

 

1.         PUBLIC COMMENT:  Mel Hilgenberg suggested ideas for parks and open spaces in Larimer County.

 

2.         APPROVAL OF THE MINUTES FOR THE WEEK OF JULY 25, 2011, AND REAPPROVAL OF THE MINUTES FOR JULY 11, 2011:

 

M O T I O N

 

Commissioner Gaiter moved that the Board of County Commissioners approve the minutes for the weeks of July 11, 2011, and July 25, 2011, as amended.

 

Motion carried 3-0.

 

3.         REVIEW OF THE SCHEDULE FOR THE WEEK OF AUGUST 8, 2011:   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 as published below:

 

08022011A001           LARGE TRACT OIL AND GASS LEASE AGREEMENT BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND MARATHON OIL COMPANY

 

08022011A002           FIRST AMENDMENT TO THE DEVELOPMENT AGREEMENT FOR FOX HOLLOW PLANNED LAND DIVISION, FILE #07-S2666, BETWEEN THE BOARD OF COUNTY COMMISSIONERS, JANE ALEXANDER TRUST, AND TAY REILLY

 

08022011R001           FINDINGS AND RESOLUTION APPROVING THE ELDER PUBLIC SITE PLAN AND APPEAL

 

08022011R002           FINDINGS AND RESOLUTION APPROVING THE AMENDED PLAT OF LOT 2 IN THE PANDO MINOR LAND DIVISION

 

08022011R003           FINDINGS AND RESOLUTION APPROVING THE HALL EXEMPTION

 

08022011R004           FINDINGS AND RESOLUTION APPROVING AN AMENDED PLAT OF LOT 25, CEDAR PARK 2ND FILING, VACATION OF UTILITY EASEMENT AND APPEAL

 

08022011R005           FINDINGS AND RESOLUTION APPROVING AN AMENDED PLAT OF LOT 1, TOWN OF BELLVUE AND ALLEY RIGHT-OF-WAY VACATION

 

0822011R006             LOT CONSOLIDATION RESOLUTION APPROVING THE CONSOLIDATION OF LOTS 93 AND 94 OF CRYSTAL LAKES SUBDIVISION 6TH FILING AND UTILITY EASEMENT VACATION

 

08022011R007           FINDINGS AND RESOLUTION APPROVING THE AMENDED PLAT OF LOTS 2, 3, AND 4 OF THE REPLAT OF LOTS 5 AND 12 OF THE FLOYD HICKS SUBDIVISION

 

0802011R008             FINDINGS AND RESOLUTION APPROVING THE CENTENNIAL FARM CONSERVATION DEVELOPMENT 2ND AMENDMENT TO DEVELOPMENT AGREEMENT

 

08022011R009           FINDINGS AND RESOLUTION APPROVING THE MIGHTY EARTHWORKS MINOR SPECIAL REVIEW AND FEE APPEAL

 

MISCELLANEOUS:   Department of Human Services Payments for June 2011; Larimer County Core Services Program.

 

LIQUOR LICENSES:  The following liquor licenses were approved and/or issued:  Ovations Food Services dba CSU Concessions/Stadium - both the Hotel and Restaurant and 3.2% licenses – Fort Collins; Vern’s Liquor -

 

Motion carried 3-0.

 

5.  CONVENE AS THE BOARD OF EQUALIZATION: 

 

M O T I O N

 

Commissioner Gaiter moved that the Board of County Commissioners convene as the Board of Equalization.

 

Motion carried 3-0.

 

Ms. Cookman presented the referee recommendations for July 25th, 26th, 27th, 28th, and 29th, 2011, and requested approval on the same.  Ms. Cookman also asked for clarification on the Peter Miller file that the Board had pulled from the previous week.  Commissioner Gaiter stated that he had checked with the referees and the same process had been utilized for Mr. Miller’s hearing; therefore, he recommended that Mr. Miller’s paperwork be approved as well.

 

M O T I O N

 

Commissioner Johnson moved that the Board of County Commissioners approve the referee recommendations for July 25th, 26th , 27th , 28th , and 29th, 2011, as well as the Peter Miller file that the Board had pulled from the previous week. 

 

Motion carried 3-0.

 

M O T I O N

 

Commissioner Gaiter moved that the Board of County Commissioners reconvene as the Board of County Commissioners.

 

Motion carried 3-0.

 

6.  RECOGNIZE GIS STAFF AS RECENT INTERNATIONAL AWARD RECEIPIENTS:   Mr. Rulli explained that this award, which acknowledges vision, leadership, hard work, and innovative use, was presented to Larimer County by the Environmental Systems Research Institute.  Mr. Rulli also noted that the software application was developed in-house and was show-cased at a recent Federal Emergency Management Agency exercise.  The Board thanked Mr. Rulli and his staff, Christine Day, Louise Keough, Arthur Schumaker, and Royce Simpson.

 

7.  APPROVE RECOMMENDED APPOINTMENT TO THE ESTES VALLEY PLANNING COMMISSION:  Ms. LaRue presented the recommendation of Joe Wise to the Estes Valley Planning Commission for a term effective August 2, 2011, and expiring June 20, 2015.

 

 M O T I O N

 

Commissioner Johnson moved that the Board of County Commissioners approve the recommendation of Joe Wise to the Estes Valley Planning Commission for a term effective August 2, 2011, and expiring June 20, 2015.

 

Motion carried 3-0.

 

8.  ASSISTANT COUNTY MANAGER WORKSESSION:  Mr. Gluckman requested a Commissioner be appointed to participate in the Legislative Committee session to be held on October 7, 2011.  Commissioner Johnson will represent Larimer County at this meeting.

 

9.  COMMISSIONER ACTIVITY REPORTS:  The Board reviewed their activities during the previous weeks.

 

10.  LEGAL MATTERS:  Ms. Haag requested the Board go into executive session to discuss ongoing negotiations regarding Anheuser-Busch litigation.

 

M O T I O N

 

Commissioner Gaiter 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.

 

The meeting adjourned at 10:25 with no further action taken.

 

 

 

__________________________________________

   TOM DONNELLY, CHAIR

BOARD OF COMMISSIONERS

 

 

SCOTT DOYLE

CLERK AND RECORDER

 

ATTEST:

 

 

______________________________________

Melissa E. Lohry, Deputy Clerk

 

 

______________________________________

Gael M. Cookman, Deputy Clerk

 

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