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MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

 

 

Monday, October 22, 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:  Karin Madson, Planning Department; Eric Tracy, Engineering Department; Doug Ryan, Environmental Health Department; and Gael Cookman, Deputy Clerk.

 

Chair Gaiter opened the hearing with the Pledge of Allegiance.

 

1.   VERIZON-LIVERMORE CMRS SPECIAL REVIEW, FILE #12-Z1891:  This is a request for Special Review approval for a Commercial Mobile Radio Services (CMRS Facility) for Verizon Wireless to replace an existing non-conforming 190-foot guyed tower with a new 190-foot self supporting tower that will be capable of co-location.

 

The Planning Commission considered this Special Review request at their September 19, 2012 meeting.  There was no discussion and the item remained on the consent agenda. The Planning Commission forwarded a unanimous recommendation for approval of the application. 

 

The Development Services Team and Planning Commission recommends that the Board of County Commissioners approve the Verizon-Livermore Commercial Mobile Radio Service Special Review, file #12-Z1891, subject to the following conditions:

 

1.   This Special Review approval shall automatically expire without a public hearing if the use is not commenced within three years of the date of approval.

 

2.   The Site shall be developed consistent with the approved plan and with the information contained in the Verizon-Livermore CMRS Special Review, File #12-Z1891, except as modified by the conditions of approval or agreement of the County and applicant.  The applicant shall be subject to all other verbal or written representations and commitments of record for the Verizon-Livermore CMRS Special Review.

 

3.   Failure to comply with any conditions of the Special Review (Special Exception) approval may result in reconsideration of the use and possible revocation of the approval by the Board of Commissioners

 

4.   This application is approved without the requirement for a Development Agreement.

 

5.   In the event the applicant fails to comply with any conditions of approval or otherwise fails to use the property consistent with the approved Special Review, applicant agrees that in addition to all other remedies available to County, County may withhold building permits, issue a written notice to applicant to appear and show cause why the Special Review approval should not be revoked, and/or bring a court action for enforcement of the terms of the Special Review.  All remedies are cumulative and the County’s election to use one shall not preclude use of another.  In the event County must retain legal counsel and/or pursue a court action to enforce the terms of this Special Review approval, applicant agrees to pay all expenses incurred by County including, but not limited to, reasonable attorney’s fees.

 

6.   County may conduct periodic inspections to the property and reviews of the status of the Special Review as appropriate to monitor and enforce the terms of the Special Review approval.

 

7.   The Findings and Resolution shall be a servitude running with the Property.  Those owners of the Property or any portion of the Property who obtain title subsequent to the date of recording of the Findings and Resolution, their heirs, successors, assigns or transferees, and persons holding under applicants shall comply with the terms and conditions of the Special Review approval.

 

8.   The tower shall not be lit.  The light on the equipment building shall be designed, shielded, aimed, located and maintained to prevent glare and light trespass on abutting properties and the vicinity.  In addition, this light shall be equipped with a motion activated and manual switch, so that it is turned on only when needed by maintenance personnel.

 

2.  RIVER BLUFFS OIL WELLS FLOODPLAIN SPECIAL REVIEW:  This is a request to allow up to eight oil well heads and associated production facilities to be located within the Flood Fringe overlay zone.

 

Bayswater Exploration & Production, the mineral lease owner, is requesting to locate up to eight oil well heads and associated production facilities within the Flood Fringe overlay zoning district for the purposes of producing oil and gas. Oil and gas drilling and production is considered an industrial use in the Larimer County Land Use Code. Industrial uses including oil and gas drilling and production are not listed as an allowed use under the Flood Fringe overlay zoning district.  Section 4.2.2.E.1.h allows all other uses allowed by the underlying zoning to go through a Floodplain Special Review process. The original application submitted by the applicant had the production facility located outside of the regulatory floodplain. After review, it was determined the proposed location of the production facility was located within a known, but not regulated flood hazard area. A previous application for the same property identified this location as a significant spill from the ditch. The application was approved, but to be prudent, the applicant submitted a second application showing the production facility located on the same pad as the well heads. The pad is elevated to 1 foot above the base flood elevation and the lowest mechanical break is located a minimum of 18 inches above the base flood elevation. The motion to recommend approval of the second application was unanimously approved by the Flood Review Board. The Land Use Code requires a recommendation from the Flood Review Board with a final approval from the Board of County Commissioners through a Floodplain Special Review.

 

The Flood Review Board met on Monday, October 8, 2012, and reviewed the report prepared by PFS dated September 21, 2012, and found the analysis to be acceptable. A motion was approved for a favorable recommendation to the Board of County Commissioners for approval of the Floodplain Special Review. 

 

Staff finds that all applicable review criteria in Section 4.2.2.I.2 of the Land Use Code have been met.

 

The Development Services Team recommends approval of the FPSR and allow up to eight oil well heads and associated production facilities to be located within the Flood Fringe overlay zoning district, as proposed.

 

M O T I O N

 

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

 

Motion carried 3-0.

 

The hearing adjourned at 3:05 p.m.

 

 

TUESDAY, OCTOBER 23, 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:  Neil Gluckman, Deni LaRue, and Donna Hart, Commissioners’ Office; Candace Phippen, Building and Code Compliance Department; George Hass and David Ayraud, County Attorney’s Office;  and Gael Cookman, Deputy Clerk.

 

Chair Gaiter opened the meeting with the Pledge of Allegiance.

 

1.   PUBLIC COMMENT:  Mike Sanders, citizen, stated that he chose to move his family to Larimer County due to public safety and the low crime; he urged the Board to be judicious when making budget cuts and careful of asking the Sheriff to shoulder too much of that burden.   

 

Mel Hilgenberg again requested the Board’s assistance in resolving his dispute with the Department of Human Services, and/or to continue his Medicaid until March 4, 2013.  He also offered up some comments relating to the county budget. 

 

2.   APPROVAL OF THE MINUTES FOR THE WEEK OF OCTOBER 15, 2012: 

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners approve the minutes for the week of October 15, 2012.

 

Motion carried 3-0.

 

3.   REVIEW OF THE SCHEDULE FOR THE WEEK OF OCTOBER 29, 2012:  Ms. Hart reviewed the upcoming schedule with the Board.

 

4.   CONSENT AGENDA:

 

M O T I ON

 

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

 

10232012R001           FINDINGS AND RESOLUTION APPROVING THE AMENDED PLAT OF THE MONTROSE AMENDED PLAT OF LOT 1 AND STAGECOACH BOUNDARY LINE ADJUSTMENT

 

10232012R002           FINDINGS ARE RESOLUTION APPROVING THE AMENDED PLAT OF LOTS 1 AND 2 OF THE SOLDIER CANYON ESTATES FIRST FILING AND LOT 1 OF THE MILL CANYON ESTATES AND UTILITY EASEMENT VACATION ON LOT 1, MILL CANYON ESTATES

 

10232012R003           FINDINGS AND RESOLUTION APPROVING THE THAYER APPEAL

 

10232012R004           FINDINGS AND RESOLUTION APPROVING THE AMENDED PLAT IN BLOCKS 2 AND 3 OF THE CROSSROADS NORTHWEST COMMERCIAL PARK PLANNED UNIT DEVELOPMENT

 

10232012R005           FINDINGS AND REOLUTION APPROVING THE PKR FARM MINOR LAND DIVISION

 

10232012R006           FINDINGS AND RESOLUTION APPROVING THE AMENDED PLAT OF HERRERA SUBDIVISION

 

10232012R007           FINDINGS AND RESOLUTION APPROVING THE AMENDED PLAT OF LOT 7 OF HIGH DRIVE HEIGHTS

 

MISCELLANEOUS:  Recommendation for appointment of Marjorie Hancock and reappointment of Sharon Poggenpohl to the Estes Valley Public Library District effective January 1, 2013, and expiring on December 31, 2016; recommendation of Kaye Orten to the Estes Valley Public Library District effective October 23, 2012, and expiring on December 31, 2015;  Update Colorado Works Policy Minor Parents; Update Colorado Works Policy Quality Assurance Requests; Update Colorado Works Policy Non-Cooperation Policy; Larimer County Ordinance no. 042120080-001 Concerning Accumulation and Removal of Rubbish “Rubbish Ordinance.”

 

Motion carried 3-0.

 

5.  CONVERT A LIMITED TERM BUILDING INSPECTOR POSITION FOR A REGULAR POSITION:  Ms. Phippen explained that inspections and permit numbers have increased and they have a need to add a regular position to keep up with the demand.  Ms. Phippen proposed converting a limited term building inspector to a regular position, and further noted that this position would be fully funded by the fees collected from building permit applications, and that no general fund dollars would be required to support the position.

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners approve the conversion of a limited term building inspector, to a regular position.

 

Motion carried 3-0.

 

6.  WORKSESSION:  Ms. Hoffmann stated that they will soon be providing an update for the Board regarding the High Park fire and the Woodland fire.  She also noted that Scott Doyle, County Clerk and Recorder, recently gave her a tour of the elections process and she was very impressed with the level of regulation and controls in place to keep our elections secure and accurate.

 

7.   FIRST READING OF THE ORDINANCE RELATING TO PANHANDLING IN UNINCORPORATED LARIMER COUNTY:  Mr. Ayraud read the proposed ordinance in its entirety, and then explained that it mirrors the ordinances from the City of Loveland and the City of Fort Collins. 

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners approve the first reading of the ordinance related to Panhandling in Unincorporated Larimer County.

 

Motion carried 3-0.

 

8.   COMMISSIONER ACTIVTY REPORTS:  The Board shared their activities at events during the past week, during which Chair Gaiter noted the Treasurer informed him that the Estes Park Trail Gazette failed to post legal notices for the yearly sales tax meetings, and she needs it published in the Loveland Reporter Herald to meet the legal requirements. 

 

M O T I O N

 

Commissioner Johnson moved that the Board of County Commissioners approve publishing the legal notices regarding the Treasurer’s yearly sales tax meetings in the Loveland Report Herald for this one time, in order to meet the publication requirements on short notice.  

 

Motion carried 3-0.

 

9.   LEGAL MATTERS:  Mr. Hass and Ms. Hoffmann explained that the District Attorney is mandated to participate in both the State (PERA) and Larimer County’s retirement programs, and they recommended a possible change in policy that would make it ineligible for someone to participate in Larimer County’s retirement plan if they were already covered under another retirement plan.  Discussion ensued regarding the pros and cons of taking this action, ultimately the Board agreed that Commissioner Johnson will introduce this idea for discussion at the next retirement board meeting.

 

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

 

 

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