> Meetings & Minutes > Commissioners' Minutes > BCC Minutes for 09/03/12  

MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

 

 

Monday, September 3, 2012

 

County offices were closed in observance of Labor Day.

 

TUESDAY, SEPTEMBER 4, 2012

 

 

ADMINISTRATIVE MATTERS

 

The Board of County Commissioners met at 9:00 a.m. with Linda Hoffmann, County Manager.  Chair Gaiter presided and Commissioner Donnelly was present. Also present were: Donna Hart, and Deni LaRue, Commissioners’ Office; Gary Buffington, and Jeffrey Boring, Department of Natural Resources; Charlie Johnson, Engineering Department; Matt Lafferty, Candice Phippen, and Eric Fried, Planning Department; Myrna Rodenberger, and Irene Josey, Treasurer’s Office; George Hass, Jeannine Haag, David Ayraud, and Bill Ressue, County Attorney’s Office; and Gael Cookman, Deputy Clerk.

 

Chair Gaiter opened the meeting with the Pledge of Allegiance. 

 

1.   PUBLIC COMMENT:  Mel Hilgenberg reviewed many items with the Board, including continued recovery efforts from the High Park fire, and his on-going Medicaid appeal to the state.

 

2.     APPROVAL OF THE MINUTES FOR THE WEEK OF AUGUST 27, 2012

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners approve the minutes for the week of August 27, 2012.

 

Motion carried 2-0.

 

3.     REVIEW OF THE SCHEDULE FOR THE WEEK OF SEPTEMBER 10, 2012:  Ms. Hart reviewed the upcoming schedule with the Board.

 

4.    CONSENT AGENDA:  

 

M O T I O N

 

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

 

09042012A001           CONTRACT FOOD SERVICES AGREEMENT FOR THE CRIMINAL JUSTICE SERVICES DIVISION BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND ARAMARK CORRECTIONAL SERVICES, LLC

 

09042012A002           AMENDMENT 3 TO AGREEMENT DATED FEBRUARY 1, 2012, BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND GH PHIPPS CONSTRUCTION COMPANY FOR LARIMER COUNTY FAIRGROUNDS AND EVENTS CENTER

 

09042012R001           LOT CONSOLIDATION RESOLUTION APPROVING THE CONSOLIDATION OF LOTS 9 AND 10, BLOCK 7 OF SOUTH NOKOMIS LAKE SUBDIVISION AND PARTIAL ACCESS EASEMENT VACATION

 

09042012R002           FINDINGS AND RESOLUTION APPROVING AN AMENDED PLAT AND VACATION OF UTILITY AND EASEMENT IN GLACIER VIEW MEADOWS 9TH FILING LOT 37

 

09042012R003           FINDINGS AND RESOLUTION APPROVING THE AMENDED PLAT OF LOT 27 IN THE HILL CONSERVATION DEVELOPMENT

 

09042012R004           FINDINGS AND RESOLUTION APPROVING THE BOXBERGER MINOR LAND DIVISION

 

09042012R005           FINDINGS AND RESOLUTION APPROVING THE VACATION OF A RIGHT-OF-WAY ON RAWHIDE FLATS ROAD

 

09042012R006           FINDINGS AND RESOLUTION APPROVING THE COLLAND CENTER SIGN APPREAL AMENDED CONDITONS OF APPROVAL

 

09042012R006           RESOLUTION ESTABLISHING COMPENSATION FOR DISTRICT ATTORNEY OFFICE ADMINISTRATOR JANE D. BRADLEY

 

09042012R007           RESOLUTION ESTABLISHING COMPENSATION FOR DISTRICT ATTORNEY APPOINTED OFFICIALS 

 

MISCELLANEOUS:   Public Trustee Second Quarter Report for 2012.

 

LIQUOR LICENSES:  The following licenses were approved and/or issued:  Riverbend Resort – 3.2% - Loveland; Aspen Lodge – Hotel & Restaurant w/Optional Premises – Estes Park.

Motion carried 2-0.

 

Chair Gaiter explained that Sheriff Smith has two dispersal requests:  a request for $3000 from the Sheriff’s Drug Seizure Fund to support the drug calendar program; and $1800 for a drug prevention presenter for students in the Poudre School District.

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners approve the expenditure of $4800 from the drug seizure fund to support the Sheriff’s recommendations as outlined above.

 

Motion carried 2-0.

 

5.       APPROVAL FOR DEMOLITION CLEAN-UP:  Ms. Phippen requested the Board’s approval to expend $35,000 from the general fund for the clean-up and demolition of the home located at 2361 Highway 34, in Drake.  She explained that a lien will be placed on the property for the associated costs. 

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners approve the expenditure of $35,000 from undesignated general fund reserves to pay for demolition of a residence and clean-up of demolition debris at 2361 Highway 34 in Drake, Colorado, pursuant to Colorado Department of Health and Environment asbestos mitigation regulations. 

 

Motion carried 2-0.

 

6.    WORKSESSION:   Ms. Hoffmann reviewed several items of interest with the Board.

 

7.      COMMISSIONER ACTIVITY REPORTS:  The Board reviewed their events during the past week.

 

8.      EXCECUTIVE SESSION:  

 

Discussion ensued regarding access to complete the restoration of the river banks along the Lyons Park Open Space.  Mr. Ayraud explained that they will need to gain access via the recently vacated easement on the Brinks’ property, and he wanted to make the Board aware of this, as they may receive complaints from the property owner.

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners go in to executive session for conferences with an attorney for the purpose of receiving legal advice on specific legal questions, as outlined in 24-6-402-(4)(b) C.R.S.

 

Motion carried 2-0. 

 

The meeting recessed at 11:20 a.m., with no further action taken.

 

 

LAND USE HEARING

 

The Board of County Commissioners reconvened at 3:00 p.m. with Matt Lafferty, Principal Planner. Chair Gaiter presided and Commissioner Donnelly was present. Also present were:  Clint Jones, Engineering Department; Rob Helmick, Planning Department; Doug Ryan, Environmental Health Department; Bill Ressue, County Attorney’s Office; and Gael Cookman, Deputy Clerk.

 

Chair Gaiter opened the hearing with the Pledge of Allegiance.

 

Chair Gaiter then explained that the following item was on the consent agenda, and would not be discussed unless requested by the Board, staff, or members of the audience:

 

1.         INTERSTATE LAND HOLDINGS MINOR LAND DIVISION, FILE #12-S3124:  This Minor Land Division is proposed, in part, to rectify problems created with a ROW acquisition by CDOT for the new Windsor interchange.  The new ROW shifted the frontage road to the west through the applicant’s parcel and left a remainder ROW area to the east of the parcel.  The new ROW runs through the existing parcel creating two separate areas.  The smaller parcel has the old ROW added to it.  CDOT neither sought nor solicited any approvals by the County in this process.  The applicant/owner is now trying to rectify this problem and annex the properties into the City of Fort Collins.  The third parcel is a wetland mitigation parcel, which will be deeded to the City as a part of the overall development of the site.  The applicant has represented that all three parcels will be annexed into the City and no development approvals will be sought in the County; and they do not object to a restriction on development until annexed conditions exist on the entire Minor Land Division.  An undedicated private ROW and utility easement is being vacated with this request as well.  The easement divides Lot 2 and is no longer in use. The utilities were relocated to the west as a part of the construction project. 

 

The Minor Land Division process normally does not provide for the creation of multiple sites intended for development; however, due to prior transactions and complexities created by CDOT in this case the Development Services Team believes that this Minor Land Division can be reviewed and the newly created parcels with certain conditions can and do meet the test for division by a Minor Land Division under today’s regulations.

 

This Minor Land Division has been proposed to rectify parcel problems created when ROW for the new Windsor interchange was acquired.  Understanding that none of the parcels will develop in the County the creation of these three parcels meets the requirements of the Larimer County Land Use Code. 

 

The Development Services Team has evaluated this request and finds that with certain conditions recommended this request meets the approval criteria for a Minor Land Division. Specifically the Team finds:

·  The proposal is neither in a subdivision plat or previously approved exemption.

·  The lots proposed either meet the minimum lot area required in the T-Tourist zoning district or are consistent with potential approvals in the city.

·  The access and traffic impacts do not change with this proposal. 

 

The Development Services Team recommends approval of the Interstate Land Holdings Minor Land Division, file #12-S3124, 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 March 4, 2013, or this approval shall be null and void.

 

2.   The following fees shall be collected at building permit issuance if a new single-family dwelling is proposed on Lot 1:  Poudre School District school fee, Larimer County fees for County and Regional Transportation Capital Expansion, Larimer County Regional Park Fee (in lieu of dedication) and drainage fee.  The fee amount or other fees that are current at the time of building permit application shall apply. 

 

3.   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.

 

4.   The plat shall be specifically noted that no lot is to be built upon while remaining in the County unless a Planned Land Division/Planned Development is approved.  These lots are intended to be annexed to the City of Fort Collins prior to any development activity.

 

M O T I O N

 

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

 

Motion carried 2-0.

 

The hearing adjourned at 3:05 p.m.

 

 

__________________________________________

   LEW GAITER III, CHAIR

BOARD OF COMMISSIONERS

SCOTT DOYLE

CLERK AND RECORDER

 

ATTEST:

 

______________________________________

Gael M. Cookman, Deputy Clerk