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MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

 

 

Monday, October 1, 2012

 

LAND USE HEARING

 

The Board of County Commissioners met at 3:00 p.m. with Matt Lafferty, Principle Planner.  Chair Gaiter presided and Commissioners Donnelly and Johnson were present. Also present were:  Michael Whitley, Planning Department; Eric Fried, and Chad Gray, Code Compliance Department; Eric Tracy, Engineering Department; Jeannine Haag, County Attorney’s Office; and Gael Cookman, Deputy Clerk.

 

Chair Gaiter opened the hearing with the Pledge of Allegiance; he then noted that the following items were on consent and would not be discussed unless requested to do so by the Board, staff, or members of the audience:

 

1.   HERRERA SUBDIVISION AMENDED PLAT, FILE #12-S3126:   This is a request for an amended plat to modify the requirement that all new habitable structures within the subdivision shall be protected with residential fire sprinklers.

 

The Herrera Subdivision was approved in 2011 and it reconfigured the boundaries of three existing parcels.  Two of the parcels contained single-family homes built in 2004 and the third parcel was undeveloped.   The existing homes were not constructed with residential fire sprinklers. 

 

During review of the subdivision, the Loveland Rural Fire Protection District noted that any new habitable structures within the subdivision must be protected with a residential fire sprinkler system. That requirement became a condition of approval for the subdivision and was written into the development agreement.  (The existing houses would not need to be retrofitted with sprinkler systems.)  There was not a discussion during the review of the subdivision regarding an option to provide a fire hydrant rather than fire sprinkler systems for new habitable structures.

 

The modified condition of approval would grant the property owners the option of installing a fire hydrant that meets Section 8.1.4.F.2 of the Land Use Code and Loveland Rural Fire Protection District requirements or installing fire sprinkler systems for new habitable structures.

 

The development agreement will be amended through a separate action.

 

The Development Services Team finds that the application meets the review criteria of an Amended Plat.  No additional lots will be created, the lot sizes and configurations will not change, the Amended Plat will not create a nonconforming setback for any existing building, and the lots meet the requirements of Subsection 8.14.1.I of the Land Use Code. The Amended Plat will not adversely affect easements or rights-of-way, and any covenants, deed restrictions or other conditions of approval not modified by this application, shall continue to apply to the lots.

 

The Development Services Team recommends approval of the Herrera Amended Plat File # 12-S3126, subject to the following condition:

 

1.   Condition 3 within the Findings and Resolution approving the Herrera Subdivision shall be modified to read:  “All new habitable structures shall be protected with residential fire sprinklers unless a fire hydrant that meets Section 8.1.4.F.2 of the Land Use Code and Loveland Rural Fire Protection District requirements has been installed.”

 

2.  CROSSROADS NW COMMERCIAL PARK AMENDED PLAT, FILE #12-S3127:  This is a request for an amended plat of the Crossroads Northwest Commercial Park Planned Unit Development to reconfigure the platted lots, road rights of ways, and easements in Blocks 2 & 3.  The results of this action will be fewer lots, 27 instead of 47, no internal roadways, and reconfigured easements and drainage.

 

The property for the subject request is generally situated at the northwest corner of the Highway 14 (Mulberry Road) and I-25 interchange, more specifically between John Deere Drive and the Frontage Road. The subject amended plat application proposes to reconfigure all the lots within Blocks 2 & 3 of the Crossroads Northwest Commercial Park PUD, which will cause an overall reduction of lots in the development from 47 to 27.

 

The property in question is surrounded on the west, north and south by commercial and industrial uses, and to the east is 1-25.  The site was originally subdivided into 47 lots in 1979/1980 and since the recordation of that plat only one lot has been developed.  This situation is largely attributed to the fact that a lot sale restriction was place on the majority of lots until site improvements such as roads, water, sewer and drainage were constructed.

 

Recently the property owners have acknowledged the lack of development activity and have opted to reconfigure the lots to create larger lots, and minimize the level of infrastructure improvements necessary for the lots to be sold, hence this application.  As a result the lots between John Deere Drive and the Frontage Road are being reconfigured.  The reconfiguration also includes vacating the un-constructed road rights-of-ways and relocating existing easements and planned drainage facilities.

 

It is believed by the applicant and the Development Review Staff that the results of this plan will be a more desirable site development pattern that will hopefully develop with new commercial uses.

 

As the result of the significant modifications to the layout of the development, Engineering staff comments indicate that approval of construction documents for various improvements, such as the drainage system will be necessary prior to the recordation of the amended plat.  Furthermore, because these improvements are critical to the overall development the Development Services team will require a Development Agreement as part of the approval to ensure that the improvements are constructed before the sale of lots within the development.

 

The Development Services Team recommends approval of the Crossroads Northwest Commercial  Park PUD Amended Plat, File #12-S3127, including easement vacations and relocations and right-of-way vacations, subject to the following condition(s) 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 April 1, 2013 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.

 

3.   The applicant shall enter into a Development Agreement with the County to ensure that the improvements, such as the drainage system and similar improvements on the construction drawings are approved and constructed prior to the development of lots within the development.

 

4.   The vacation and relocation of the utility easements, the reconfiguration of the lot lines, and vacation of internal road right-of-ways shall be finalized at such time when the plat and Findings and Resolution of the County Commissioners are recorded. 

 

M O T I O N

 

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

 

Motion carried 3-0.

 

3.  DAVIS ABATEMENT, FILE #11-CC0160:    Mr. Fried explained the costs and expenses to abate the unsafe conditions of a dangerous building, located at 3710 Goodell Lane, Fort Collins, that were incurred by the County pursuant to the County’s Uniform Abatement Code (UAC).  These costs and expenses were not paid by the property owner, as requested.  Pursuant to the UAC, unpaid costs incurred to abate the unsafe conditions of a dangerous building may be assessed as a lien against the property.  Staff is requesting the Board of County Commissioners approve the Order and Assessment, which will then become a lien on the property.

 

FACTS: 

 

1.   The residence was posted “Dangerous Building—Do Not Occupy” by the Larimer County Building Department on July 8, 2011, due to substantial damage caused to the residence resulting from a fire that occurred on July 4, 2011.  The building has not been occupied since the fire date and appears to have been abandoned.

 

2.   Notice was provided to the owners and lienholder of record, as well as the attorneys representing the lienholder of record in a foreclosure action, by letter dated August 2, 2011 that a dangerous building notice had been posted at the property, a building permit was required to either demolish or rebuild the home, and all junk and debris stored outside on the property needed to be removed.

 

3.   A Notice and Order of the Larimer County Building Official was posted on the residence on March 2, 2012, and mailed by regular and certified mail to the property owners and lienholder of record, giving the property owner thirty (30) days to secure the house against public entry, and sixty (60) days to obtain either a demolition permit or a fire repair building permit.

 

4.   The property owner did not secure the building or obtain the permits as requested.

 

5.   An Order for Repair in the Matter of the Abatement of a Dangerous Building was issued by the Larimer County Building Official to the Larimer County Public Works Director on August 2, 2012, posted on the residence and mailed by regular and certified mail to the property owners and lienholder of record, to accomplish the repair work by private contract to commence no earlier than August 13, 2012.

 

6.   The County secured the building against public entry and accomplished the repair work on August 20, 2012.

 

7.   A Report of Costs for the abatement repair expenses was posted on the residence on August 24, 2012, and mailed by regular and certified mail to the property owners and lienholder of record on August 27, 2012, with the request that the amount owing be paid to the County within thirty (30) days.

 

8.   The owner has not paid the amount owing.

 

9.   Pursuant to the UAC, the Board of County Commissioners may approve an Order & Assessment detailing costs incurred at a public hearing.

 

Notices of this hearing were posted at the residence on August 24, 2012 and September 14, 2012, and mailed by regular and certified mail to the property owners and lienholder of record on August 27, 2012, and September 14, 2012.

 

Staff requests the Board of County Commissioners approve the attached Order and Assessment.

 

Mr. Fried further mentioned that the property owners stated that their attorney advised them not to attend the hearing, as they were evicted due to bankruptcy; however, Mr. Fried noted that they are still listed as the owners of record.  Some discussion ensued.

 

The property owners in question were not in attendance, and there was no public comment on this item.

 

M O T I O N

 

Commissioner Johnson moved that the Board of County Commissioners approve the Order and Assessment for the property located at 3710 Goodell Lane, Fort Collins, Colorado.

 

Motion carried 3-0.

 

4.  GLADMAN RUBBISH ORDINANCE COST, FILE #11-CC0075:  Mr. Gray explained the costs and expenses to remove and dispose of rubbish from the property located at 2221 North Overland Trail, Fort Collins, Colorado, that were incurred by the County pursuant to the County’s Rubbish Ordinance.  These costs and expenses were not paid by the property owner as requested.  Pursuant to the Rubbish Ordinance, unpaid costs incurred to remove and dispose of rubbish may be assessed as a lien against the property.  Staff is, therefore, requesting the Board of County Commissioners approve the Order and Assessment.

 

FACTS: 

 

1.   A Notice of Rubbish Ordinance Violation was posted at the property and served on the property owner on April 19, 2011 and February 10, 2012.

 

2.   The property owner did not remove the rubbish as required.

 

3.   An entry and seizure warrant was issued by the Larimer County (County) Court authorizing the County to enter the property to remove and dispose of the rubbish.

 

4.   The County removed and disposed of the rubbish on August 15, 2012.

 

5.   A Bill of Costs for the removal and disposal costs plus five (5%) percent for inspection and incidental expenses was served on the owner with the request the amount owing be paid to the County within fifteen (15) days.

 

6.   The owner did not pay the amount owed.

 

7.   Pursuant to the Rubbish Ordinance at paragraph 7.3:

 

“In the event that the bill [of costs] remains unpaid after 15 days, the costs may be assessed as a lien against the property until paid and shall have priority over all other liens except general taxes and prior special assessments.  If the costs remain unpaid after 90 days from the date of the bill [of costs] such costs together with a ten percent (10%) penalty for collection expenses shall be certified to the Larimer County Treasurer for collection in the same manner as other taxes are collected.”

 

Notice of this hearing was posted at the residence, and staff requests the Board of County Commissioners approve the Order and Assessment.

 

Mr. Gray briefly explained the situation, as outlined above. 

 

The property owner in question was not in attendance, and there was no public comment on this item.

 

The Board expressed concern for the property owner in this case, and they agreed to table this item in order to give time for Mr. Gray and the deputy county attorney to come up with other options for a payment plan that would not place the property owner in jeopardy of losing her home.

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners table the Gladman Rubbish Ordinance cost, File #11-CC0075, in order to give staff and the deputy county attorney time to work on options for the property owner.

 

Motion carried 3-0.

 

The hearing adjourned at 3:25 p.m.

 

 

TUESDAY, OCTOBER 2, 2012

 

ADMINISTRATIVE MATTERS

 

The Board of County Commissioners met at 9:00 a.m. with Linda Hoffmann, County Manager.   Chair Gaiter presided and Commissioners Donnelly and Johnson were present. Also present were:  Deni LaRue, and Suzanne Bassinger, Commissioners’ Office; Marc Engemoen, Public Works Division; Mark Peterson, and Rusty McDaniel, Engineering Department; Dale Miller, Road and Bridge Department; Gary Buffington, Department of Natural Resources; Undersheriff Bill Nelson, and Nicholas Christensen, Sheriff’s Department; John Gamlin, and Amy Dyer, Human Resources Department; Eric Fried, Code Compliance Department; Brenda Gimeson, Planning Department; and Gael Cookman, Deputy Clerk.

 

Chair Gaiter opened the meeting with the Pledge of Allegiance.

 

1.   PUBLIC COMMENT:  Tom Donkle, representative with Gerrard Excavating, addressed the Board in support of county involvement to replace the structure across Rist Creek in order to provide access to Whale Rock Subdivision.  Mr. Donkle then gave some background on the project for the Board.

 

Mel Hilgenberg discussed items pertaining to county government, and asked the Board to consider the needs and desires of their constituents when making decisions regarding the future of Larimer County.  He also strongly urged the Board not to cut funding for public safety and the County’s Extension Office.

 

2.   APPROVAL OF THE MINUTES FOR THE WEEK OF SEPTEMBER 25, 2012:  Approval of the minutes for the week of September 25, 2012, was postponed.

 

3.   CONSENT AGENDA:

 

M O T I ON

 

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

 

PETITIONS FOR ABATEMENT:  As recommended by the County Assessor, the following Petition for Abatement was approved:  Bank of Choice c/o Larry Melton, Realtec.  The following Petition for Abatement was denied:  Vincent Freytag.

 

10022012A001           EXPENDITURE AUTHORIZATION PY12 VETERANS WORKFORCE INVESTMENT PROGRAM, FY13 LOCAL VETERANS EMPLOYMENT REPRESENTATIVE – OPERATING AND PY13 DISABLED VETERANS OUTREACH PROGRAM BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE COLORADO DEPARTMENT OF LABOR & EMPLOYMENT

 

10022012A002           EXPENDITURE AUTHORIZATION PY11 WAGNER PEYSER CARRY IN; PY12 WAGNER PEYSER ADJUSTMENT #1

 

10022012R001           RESOLUTION REGARDING EXTENSION OF APPROVAL FOR PLEASANT ACRES, FILE #12-S3098

 

10022012R002           RESOLUTION APPROVING APPOINTMENT OF COUNSEL IN HARRISON V. COUNTY, et. al, U.S. DISTRICT COURT CASE NO. 11CV3407-MSK-KMT

 

LIQUOR LICENSES:  The following liquor licenses were approved and/or issued:  Hearts & Horses Inc. – Special Event 6% - Loveland; Be Local Northern Colorado – Special Event 6% - Fort Collins; Inferno Event Center – Extension of Temporary Permit – Loveland.

 

Motion carried 3-0.

 

4.  WILDFIRE AWARENESS MONTH PROCLAMATION:  Undersheriff Nelson and Mr. Christensen explained that they are working in cooperation with other Northern Colorado counties to raise awareness and provide wildfire education for the public.  They requested that the Board proclaim the month of October as Wildfire Awareness Month.  Commissioner Johnson read the proclamation aloud.

 

M O T I O N

 

Commissioner Johnson moved that the Board of County Commissioners proclaim the month of October, as Wildfire Awareness Month.

 

Motion carried 3-0.

 

5.   REPLACEMENT OF STRUCTURE ACROSS RIST CREEK PROVIDING ACCESS TO WHALE ROCK SUBDIVISION:  Mr. Peterson and Mr. McDaniel proposed that the Engineering Department staff work with Gerrard Excavating and other businesses interested in improving the access to Whale Rock subdivision, and expend approximately $34,000 in county funds to do so.  Some discussion ensued regarding the importance of this access point and the Board agreed to support the request.

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners approve spending approximately $34,000 in County funds to assist in improving the access to Whale Rock subdivision.

 

Motion carried 3-0.

 

6.   WAIVER OF POLICY REGARDING VACATION TIME:  Mr. Buffington requested a waiver of policy to allow an employee to use vacation time in conjunction with the Family Medical Leave Act (FMLA); he explained that although sick time is available, vacation time not used by this employee’s anniversary date would be forfeited.  Mr. Gamlin clarified that policy dictates employees must exhaust their sick leave balances prior to utilizing their vacation time in conjunction with FMLA; therefore, this would be a waiver of policy.

 

M O T I O N

 

Commissioner Johnson moved that the Board of County Commissioners approve the waiver of policy and allow the employee use of 40-80 hours of vacation leave along with FMLA before exhausting sick leave balance.

 

Motion carried 3-0.

 

7. APPROVAL OF ADDITIONAL FUNDS FROM GENERAL FUND FOR DEMOLITION AND CLEANUP OF A RESIDENCE IN DRAKE:    Mr. Fried explained that the cleanup efforts for the residence in Drake, Colorado, previously approved by the Board, ended up being $3,220 more than anticipated; he requested the Board’s approval on the additional funding.

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners approve the additional expenditure of $3,220 from undesignated General Fund Reserves to pay for demolition of a residence and cleanup of demolition debris at 2359 W Highway 34 in Drake, Colorado, pursuant to Colorado Department of Health and Environment asbestos mitigation regulations, for a total cleanup cost of $37,970.

 

Motion carried 3-0.

 

8.  LETTER OF SUPPORT REGARDING WORKGROUP ON WATER SHARING STRATEGIES:  Ms. Gimeson introduced Richard Seaworth, Val Manning, and Lou Grant, as members of the Agricultural Advisory Board. Ms. Gimeson then presented a list of recommended members for a joint workgroup with the City of Fort Collins regarding water sharing strategies, and she requested a letter of support from the Board endorsing the potential members.  Discussion ensued and the Board commended all involved for their efforts in this process.

 

M O T I O N

 

Commissioner Johnson moved that the Board of County Commissioners approve the letter of support to the City of Fort Collins regarding suggestions for possible members to a workgroup on water sharing.

 

Motion carried 3-0.

 

9.      COUNTY MANAGER WORKSESSION:  Ms. Hoffmann provided a brief update for the Board.

 

10.   COMMISSIONER ACTIVTY REPORTS:  The Board shared their activities at events during the past week.

 

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

 

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

 

__________________________________________

   LEW GAITER III, CHAIR

BOARD OF COMMISSIONERS

SCOTT DOYLE

CLERK AND RECORDER

 

ATTEST:

 

______________________________________        

Gael M. Cookman, Deputy Clerk

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