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MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

 

 

Monday, December 9, 2013

 

LAND USE HEARING

 

The Board of County Commissioners met at 3:00 p.m. with Matt Lafferty, Principal Planner. Chair Johnson presided and Commissioners Donnelly and Gaiter were present. Also present were: Deni LaRue, Commissioner’s Office; Clinton Jones, Engineering Department; Doug Ryan, Health and Environment Department; Michael Whitley and Brenda Gimeson, Planning Department; William Ressue, County Attorney’s Office; and Dana Polley, Deputy Clerk.

 

Chair Johnson opened the hearing with the Pledge of Allegiance, and explained that the item listed is on the consent agenda and would not be discussed unless requested by the Board, staff, or members of the audience.

 

1.   RUSTIC #2 LOTS 3 & 4 AMENDED PLAT, FILE #13-S3182: This is a request to amend the plat of Lots 3 and 4 of the Rustic # 2 Subdivision to amend the boundary lines.

 

These properties are located in the Rustic # 2 Subdivision, located off of Highway 14, just west of County Road 69 on Rustic Road.  The Rustic # 2 Subdivision was recorded in September, 1952 and amended in 2009 to add adjacent property to the lots.  This property is currently zoned O-Open and that will remain the same.  The lot line between Lots 3 and 4 will be adjusted to give both lots access to the river.  Lot 3 will decrease from 2.59 acres to 1.93 acres and Lot 4 will increase from .97 acres to 1.61 acres.  The smallest lot will not be any smaller than other lots in the subdivision.  All owners have agreed to the changes as proposed and signed the application form as submitted.  There are no proposed changes in the existing access or drainage. 

 

Staff determined that the proposed Amended Plat of Lots 3 and 4, Rustic #2 Subdivision reconfiguring the lot lines will not result in any additional lots, and that the request meets the requirements of the Larimer County Land Use Code with the conditions as outlined below.

 

Therefore, staff recommends Approval of the Amended Plat of Rustic # 2 Subdivision File # 13-S3188 to reconfigure the lots 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 June 9, 2014, 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 County Planning Staff, County Assessor’s office, and Brian Helminiak, Land Surveyor of the Larimer County Engineering Department.

 

 

 M O T I O N

 

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

 

Motion carried 3-0.

 

2.   ENVIRONMENTAL STEWARDSHIP AWARDS:       The Commissioners presented the following winners with their awards.

 

1.   Sarah Bayer, a teacher at Polaris Expeditionary Learning School in Fort Collins who worked with her students on a High Park Fire Research and Recovery Project.

 

2.   Troy Seaworth, a farmer north of Wellington who has implemented several conservation practices.

 

3.   Gallegos Sanitation, Inc, a business in Fort Collins who demonstrates sustainable practices in the area of solid waste management.

 

4.   James Shaklee, a leader on the Poudre Wilderness Volunteers Weed Crew was recognized for his work and education in preventing the spread of invasive, noxious weeds.

 

5.   Richard Eversole, a land owner in Cherokee Park who has made several forest and wildlife habitat improvements on his property.

 

There being no further business, the hearing adjourned at 3:25 p.m.

 

 

TUESDAY, DECEMBER 10, 2013

 

ADMINISTARTIVE MATTERS

 

The Board of County Commissioners met at 9:00 a.m. with Linda Hoffman, County Manager. Chair Johnson presided and Commissioner’s Donnelly and Gaiter were present. Also present were: Deni LaRue and Donna Hart, Commissioners’ Office; Marc Engemoen, Public Works Department; Dale Miller, Road and Bridge Department; Stephen Gillette and Linda Hammett, Solid Waste Department; Mark Peterson, Rusty McDaniel and Martina Wilkinson Engineering Department; Nancy Griffith-Conklin and Lindsay Murr, Community Corrections Department; Tommie Anne Benigni, Information Technology Department; and Dana Polley, Deputy Clerk.

 

1.   PUBLIC COMMENT:  Chair Johnson opened the meeting up to public comment giving citizens the opportunity to address the Board of Commissioners with events and issues pertaining to Larimer County.

 

Chair Johnson then led the Pledge of Allegiance.

 

2.   APPROVAL OF THE MINUTES FOR THE WEEK OF NOVEMBER 25, 2013 AND THE WEEK OF DECEMBER 2, 2013:

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners approve the minutes for the weeks of November 25, 2013, and December 2, 2013.

 

Motion carried 3-0.

 

3.   REVIEW OF THE SCHEDULE FOR THE WEEK OF DECEMBER 16, 2013:   Ms. Hart reviewed the upcoming schedules 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 outlined below:

 

12102013A001     AGREEMENT FOR SANITARY SEWER FINANCING BY AND BETWEEN LARIMER COUNTY LOCAL IMPROVEMENT DISTRICT NO. 2013-1, BERTHOUD ESTATES COMMUNITY ASSOCIATION, AND FOOTHILLS ESTATES HOMEOWNERS ASSOCIATION

 

12102013A002     AGREEMENT FOR DRINKING WATER FACILITY FINANCING, LARIMER COUNTY LOCAL IMPROVEMENT DISTRICT NO. 2013-3 AND FISH CREEK WATER ASSOCIATION

 

12102013A003     AGREEMENT FOR EMPLOYMENT AND TRAINING SERVICES BY AND BETWEEN THE CITY OF FORT COLLINS AND LARIMER COUNTY

 

12102013A004     SWETS TRAIL EASEMENT AGREEMENT

 

12102013R001     RESOLUTION ESTABLISHING COMPENSATION FOR DISTRICT ATTORNEY CHIEF DEPUTY DISTRICT ATTORNEY

 

12102013R002     FINDINGS AND RESOLUTION APPROVING THE CENTENNIAL FARM CONSERVATION DEVELOPMENT EXTENSION AND 3RD DEVELOPMENT AGREEMENT AMENDMENT

 

12102013R003     RESOLUTION REGARDING EXTENSION OF APPROVAL EXPIRATION DATE FOR LOTS 16 & 23 OF RESTU SUBDIVISION

 

12102013R004     RESOLUTION REGARDING EXTENSION OF APPROVAL EXPIRATION DATE FOR LOTS 11 & 12 OF LOVELAND HEIGHTS

 

12102013R005     RESOLUTION REGARDING EXTENSION OF APPROVAL EXPIRATION DATE FOR VARIOUS LOTS OF THE GLEN HAVEN SUBDIVISION

 

12102013R006     RESOLUTION REGARDING EXTENSION OF APPROVAL EXPIRATION DATE FOR VARIOUS LOTS OF HEROLD M.R.D.

 

121020013R007   RESOLUTION REGARDING EXTENSION OF APPROVAL EXPIRATION DATE FOR VARIOUS LOTS OF JOHNSON’S SUBDIVISION

 

12102013R008     RESOLUTION ADOPTING 2012 BUILDING CODES AND AMENDMENTS AND REVOKING EXISTING CODES

 

MISCELLANEOUS:   Recommended Appointment of Timothy Kerbs to PID#42 Cottonwood Shores; Approve By-Laws for the Larimer County Interagency Oversight Group (LCIOG) Board; Order and Assessment for Inclusion of Unpaid and Delinquent Stormwater Fees and Charges Owed to Boxelder Stormwater Authority on Larimer County Tax Bills; and Expenditure Authorization for Fiscal Year 2014 Workforce Investment Act Funding.

 

LIQUOR LICENSES:  The following licenses were approved and/or issued: Alicia’s Restaurant – Tavern License – Fort Collins; The Restaurant – Modification of Premises – Red Feather Lake.

 

Commissioner Gaiter requested clarification from staff that the original IGA with Boxelder Stormwater set the fee range, and the agreement listed on the consent agenda is regarding delinquent fees that are being billed on the County’s behalf by Pinnacle. Mr. Peterson confirmed this.

 

Motion carried 3-0.

 

5.   RECOGNIZE THE UNITED WAY PLANNING COMMITTEE:  Chair Johnson thanked Ms. Griffith-Conklin, Ms. Hammett, Ms. Murr, and Ms. Benigni for their efforts and successes with the United Way campaign. Ms. Griffith-Conklin briefly spoke regarding the achievements of the campaign this year and some of the events which were held.

 

6.   DECISION FOR RATE HEARING HELD ON NOVEMBER 18, 2013, REGARDING LARIMER COUNTY LANDFILL FEES:  Mr. Gillette addressed the Board regarding the increase of ruble material that is brought to the landfill every year. This material can not be compacted and therefore takes up more air space. He is requesting an increase of $1 per cubic yard to the rate for dumping ruble. Some discussion ensued regarding how low Larimer County’s rates are compared to surrounding landfills, and how this attracts people from all around to dump in our landfill. Commissioner Donnelly expressed his sympathy for this problem and suggested to raise the rate increase to $2 per cubic yard, stating that a $1 increase is too low.

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners approve the rate increase amended to an increase of $2 per cubic yard for ruble (asphalt, asphalt shingles, tree trunks, concrete, dirt, and sludge). Also, there are no other rate increases for the landfill or our transfer stations except for a State surcharge increase of $.01 for each car, $.02 for each pick-up, and a $.02 for each cubic yard of commercial trash or debris.

 

Motion carried 3-0.

 

7.   UPDATE ON FLOOD RECOVERY EFFORTS FOR COUNTY ROADS AND BRIDGES:   Mr. Engemoen gave an extensive presentation regarding the flood recovery process and current status. He highlighted the progress that has been made on temporary fixes and the struggles that the county is still facing. A lot of progress has been made in the last 12 weeks, but there is still a long way to go to reach full recovery. Commissioner Donnelly stated the need for a plan to be worked out for bridges on The Big Thompson that can be presented at the Work session on Thursday.

 

8.   COUNTY MANAGER WORKSESSION:  Ms. Hoffman stated that they are beginning to get some project worksheets approved, regarding the flood, which can be attached to the contract with the state and enable the cash advance program to begin. This will help fund the temporary repairs which are currently coming out of the county budget. The contract should be on the agenda for the Commissioners to sign in the next week or two.

 

She mentioned that the Lyons Fire District did a lot of work immediately following the flood to help with search and rescue and now they are receiving bills that they can not pay. The County is working with them and trying to get a cash advance from the state. Lyons falls partially in Boulder County and they are considering paying some of the bills now and letting it sort out later. Ms. Hoffman does not think this will be an isolated case.

 

Additionally, Ms. Hoffman reminded everyone that there is a press conference to discuss the status of the flood recovery on Friday at 10:15 in the 200 W Oak Building, Hearing Room, 1st Floor. This will be a presentation of packaged information for the public.

 

She stated that the State sent an extensive questionnaire to be competed for the Block Grant money which will fill in the gaps where other money does not qualify for the flood recovery. The questionnaire is to be completed by end of day on Wednesday, December 11, 2013.

 

Ms. Hoffman updated the Board that she recently reached out to the City of Fort Collins regarding the Foothills Mall redevelopment. They said there is no plan at this time to change the TIF arrangement. An updated proposal of the project will be looked at by the City Council next week. She has been talking with other municipalities to participate in a region wide study to look at TIF.

 

Lastly, the Wellness Supervisory Committee will be bringing to the Board next March the participation, outcomes, and cost-benefit ratio of the wellness program over this past year, which has been very successful.

 

9.   COMMISSIONER ACTICVITY REPORTS:  Due to a shortage of time Chair Johnson and Commissioner Gaiter skipped their activity reports. Commissioner Donnelly reviewed some highlights from his activities during the previous week.

 

10. LEGAL MATTERS:  There were no legal matters for discussion.

 

The meeting recessed at 11:25 a.m., with no further action taken.

 

 

LIQUOR LICENSE HEARING

DUNRAVEN INN

 

The Board of County Commissioners reconvened at 2:00 p.m. with Jeannine Haag, County Attorney. Chair Johnson presided and Commissioner Gaiter was present. Also present were:  Andrew Morgan, applicant; Michael Whitley, Planning Department; and Gael Cookman, Deputy Clerk.

 

Ms. Haag asked the clerk to swear in the applicant, Andrew Morgan, and she then asked Mr. Morgan a series of questions pertaining to posting the notice, circulating the petition, and advertisement of the meeting in the Estes Park Trail Gazette.  She then entered Exhibit 1, Affidavit of Publication, Exhibit 2 (containing photos 2A – 2E) photographs of the notice posted on the premises; and Exhibit 3, the petition of the surrounding neighborhood.   Ms. Haag asked if there was any opposition from those signing the petition and Mr. Morgan stated there was not.

 

Ms. Haag then asked how Mr. Morgan would manage his establishment to insure that alcohol was served to the public in a safe manner.  Mr. Morgan stated that he and his staff are all TIPS trained and that he, himself, is a certified TIPS trainer, so they are well versed in serving alcohol in a safe and effective manner. 

 

Chair Johnson asked if Mr. Morgan has ever received a liquor violation in any capacity, and Mr. Morgan stated that he had not. 

 

Ms. Haag noted for the record that there was no public citizens in attendance to speak for or against the application.

 

M O T I O N

 

Commissioner Gaiter moved that the Board of County Commissioners approve the application for a Hotel and Restaurant liquor license for Mona Lisa LLC, dba the Dunraven Inn, located at 2470 State Highway 66, Estes Park, Colorado.

 

Motion carried 2-0.

 

The hearing adjourned at 2:20 p.m.

 

 

WEDNESDAY, DECEMBER 11, 2013

 

 

LARIMER COUNTY PLANNING COMMISSION AND BOARD OF COUNTY COMMISSIONERS JOINT HEARING

 

The Larimer County Planning Commission met at 6:00 p.m. Chair Glick opened the hearing with the Pledge of Allegiance. He then requested planning staff to present the item for discussion.

 

Ms. Madson gave a brief overview of the proposed amendments to the Larimer County Land Use Code – Section 11 Disaster Re-Build Program.

 

M O T I O N

 

Commissioner Cox moved that the Planning Commissioner approve the proposed amendment, file #13-CA-0139, to the Larimer County Land Use Code.

 

Chair Glick seconded.

 

Motion carried 6-0.

 

The Planning Commission then adjourned their meeting.

 

The Board of County Commissioners convened at 6:10 p.m. with Matt Lafferty, Principal planner. Chair Johnson presided and Commissioner Gaiter was present. Also present were: Eric Tracy, Engineering Department; Karin Madson and Terry Gilbert, Planning Department; Jeannine Haag, County Attorney’s Office; and Dana Polley, Deputy Clerk.

 

Chair Johnson explained that the item on today’s agenda was on consent and would not be discussed unless requested by the Board, staff, or members of the audience.

 

1.   AMENDMENTS TO THE LARIMER COUNTY LAND USE CODE- SECTION 11 DISASTER RE-BUILD PROGRAM:  This is a request to add a new Section 11.3 Flood Plain Management to the existing Disaster Re-Build Program.

 

11.3 Flood Plain Management.

 

For the duration of a Disaster Re-Build Program, the Flood Plain Overlay District described in Section 4.2.2.c. of the Land Use Code is hereby supplemented for those properties within the declared flood disaster area. The Flood Plain Administrator may use the best available information in addition to the information described in Section 4.2.2c., to make a determination and decision as to whether or not the affected properties are located within a floodplain.

 

Staff recommends approval of the proposed amendments; file #13-CA-0139, to the Larimer County Land Use Code.

 

M O T I O N

 

Commissioner Gaiter moved that the Board of County Commissioners approve the consent agenda as listed above.

 

Motion carried 2-0.

 

The hearing adjourned at 6:20 p.m.

 

 

 

__________________________________________

   STEVE JOHNSON, CHAIR

BOARD OF COMMISSIONERS

 ANGELA MYERS

CLERK AND RECORDER

 

ATTEST:

 

 

______________________________________

Dana S. Polley, Deputy Clerk

 

 

______________________________________

Gael M. Cookman, Deputy Clerk

 

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