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MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

Monday, November 4, 2002

LAND USE HEARING

(#113)

The Board of County Commissioners met with Rob Helmick, Senior Planner; Chair Gibson presided and Commissioners Bender and Rennels were present. Also present were Traci Downs, Engineering Department; Doug Ryan, Health Department; Sarah Flick, Matt Lafferty, and Geniphyr Ponce-Pore, Planning Department; Jeannine Haag, Assistant County Attorney; and Jean O'Connor, Recording Clerk.

Chair Gibson stated that the following items are consent and would not be discussed unless requested by the Board or members of the audience. Commissioner Rennels asked for clarification regarding the amount the applicant for Ironwood Plaza is to place in escrow. Mr. Lafferty stated the amount is $25,000.

1. IRONWOOD PLAZA PLANNED DEVELOPMENT (REZONING) AND PLANNED LAND DIVISION: NW 1/4 OF SECTION 16; TOWNSHIP 7 NORTH; RANGE 68 WEST - LOCATED ON THE SOUTHEAST CORNER OF HIGHWAY 14 AND DAWN AVENUE, WHICH IS APPROXIMATELY 1 MILE EAST OF INTERSTATE 25.

This is a two-part request for 1.Rezoning from C (Commercial) and R2 (Residential) to PD (Planned Development for a commercial development; and 2. Preliminary plat for the Ironwood Plaza 1st Filing PLD (Planned Land Division), which will consist of 2 commercial use lots on the 8.28 acre site. Staff recommendation is 1. Approval of the Ironwood Plaza Planned Development (rezoning) application from C (Commercial) and R2 (Residential) to PD (Planned Development) subject to the following conditions 1. Development of the Ironwood Plaza PD shall be consistent with the Preliminary Plat as found in file #01-S1900; 2. The permitted uses, lot building and structure requirements, setbacks and structure height limitations for lot 1 of the Ironwood Plaza shall be as noted in the staff report of the official file in planning. 2. Approval of the preliminary plat for the Ironwood Plaza Planned Land Division as outlined in the official file in planning.

2. AMENDED PLAT OF THE LAKE CANAL SUBDIVISION LOTS 1, 8, TRACT B AND DELOZIER RIGHT-OF-WAY: SE 1/4 OF 08-07-68: LOCATED ON DELOZIER DRIVE APPROXIMATELY 1/8 MILE NORTH OF HIGHWAY 14.

This is a request for an Amended Plat to the Lake Canal Subdivision to adjust the Lot lines of Lots 1, 8 and Tract B by moving the right-of-way for Delozier Drive. Staff recommendation is approval of the Amended Plat of Lots 1, 8, Tract B and the Delozier Drive Right-of-way (File # 02-S1956) as proposed.

3. AMENDED PLAT OF LOTS 27 AND 28, CEDAR PARK SECOND FILING: S 1/2 OF SECTION 34, TOWNSHIP 6 NORTH, RANGE 71 WEST OF THE 6TH PM, LARIMER COUNTY, COLORADO.

This is a request to amend the plat of Lots 27 and 28 of Cedar Park Subdivision, and vacate a portion a right-of-way easement. Staff recommendation is approval of Amended Plat of Lots 27 and 28, Cedar Park Second Filing with the following conditions 1. Prior to recordation of the plat, the applicant shall provide the Basis of Bearings to Larimer County Surveyor; 2. Prior to recordation of the plat, the applicant shall provide copies of all required monument records for each control corner to the Larimer County Surveyor.

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners approve the consent agenda as presented and outlined above.

Motion carried 3 - 0.

4. GLOEGGLER EXTENDED FAMILY DWELLING: NE 1/4 OF SECTION 29, TOWNSHIP 8, RANGE 69W. LA PORTE, CO

Ms. Flick stated that this item was table on October 7th because the property owners were not present. However, Ms. Flick continued, staff has been made aware of a medical emergency this morning involving the property owners and requested the item be tabled again. Chairs Gibson noted that area residence were present and suggested testimony be taken.

Mr. Phil Riedesel questioned why at the previous hearing, the new manufactured home was to be considered as the "extended family dwelling" but now staff is recommending that the old mobile home be the dwelling unit. Mr. Riedesel stated that area residents plead for the Board to require the Gloeggler parcel meet county standards or require the older mobile home be removed from the parcel.

Ms. Trudy Helt stated that the "medical equipment" stored outside is not for medical purposes and is actually fitness equipment, which is not used for physical or occupational therapy. At the last hearing, Ms. Helt continued, concern was expressed regarding the placement of the manufactured home and the inability for emergency personnel to access the residence. This morning an emergency vehicle had to park in the street and walk to the residence.

Commissioner Bender asked why staff is now recommending the older of the two homes be considered as the "extended family dwelling unit" and Ms. Flick stated that, when the need ceases, the older home would be removed instead of the newer home.

Commissioner Rennels stated that the item should be tabled in order to hear from the property owner and their preference for which home should remain. Commissioner Rennels suggested staff visit the property owner with a German interpreter in an effort to reconcile the issue.

M O T I O N

Commissioner Bender moved that the Board of County Commissioners table the Gloeggler Extended Family Dwelling to November 25, 2002 at 3:00 p.m. and direct staff to contact the property owner in person with an interpreter.

Motion carried 3 - 0.

There being no further business, the hearing adjourned at 3:30 p.m.

TUESDAY, NOVEMBER 5, 2002

ADMINISTRATIVE MATTERS

(#113)

The Board of County Commissioners met with Frank Lancaster, County Manager; Chair Gibson presided and Commissioners Bender and Rennels were present. Also present were Donna Hart and Deni La Rue, Commissioner's Office and Jean O'Connor, Clerk to the Board.

  1. PUBLIC COMMENT: None

2. APPROVAL OF THE MINUTES FOR THE WEEK OF OCTOBER 28, 2002:

M O T I O N

Commissioner Bender moved that the Board of County Commissioners approve the minutes for the week of October 28, 2002 as presented.

Motion carried 3 - 0.

3. REVIEW OF THE SCHEDULE FOR THE WEEK OF NOVEMBER 11, 2002: Ms. Hart reviewed the schedule with the Board.

4. CONSENT AGENDA:

M O T I O N

Commissioner Bender moved that the Board of County Commissioners approve the following items as presented on the consent agenda:

PETITIONS FOR ABATEMENT: As recommended by the County Assessor, the following petitions for abatement are approved Hollan; Loveland South Partners; Moulton; Plaut; Von Riesen; Genessee Co/ Boyd Lake (4); Genessee Co/ Waterfront; Pomeroy; Pittman; Fischer (6); Hewlet Packard Co (5).

11052002A001 LEASE AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND LIVERMORE FIRE PROTECTION DISTRICT

11052002A002 AMENDMENT 1 TO AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE STATE OF COLORADO FOR THE USE AND BENEFIT OF THE DEPARTMENT OF LABOR AND EMPLOYMENT

MISCELLANEOUS: Wagner-Peyser expenditure authorization for plan year 2002.

LIQUOR LICENSES: The following licenses were approved Loyal Order of Moose Lodge 275- Club- Fort Collins, CO and Red Feather Liquors- Retail- Red Feather Lakes, CO.

Motion carried 3 - 0.

5. APPROVAL OF APPOINTMENTS TO THE LARIMER EMERGENCY TELEPHONE AUTHORITY (LETA): Mr. Lancaster requested approval of the appointments to LETA as presented.

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners appoint the following citizens to LETA as recommended Joanne Sizemore, Lowell Richardson, Randy Lesher, and Capt. Bill Nelson all for two-year terms commencing January 1, 2003.

Motion carried 3 - 0.

6. AUTHORIZE ISSUANCE OF A 6% SPECIAL EVENTS PERMIT TO THE AMERICAN LEGION: Ms. O'Connor requested approval for the issuance of a liquor permit to the American Legion for Veteran's Day and authorize the Chair/ County Manager to sign upon receipt. Ms. O'Connor explained that the Legion was unaware that they could not sell beverages to non-members and therefore had not submitted an application prior to this week. If the State can expeditiously process the application, Ms. O'Connor noted that the Legion might be able to serve the public on Veteran's Day.

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners authorize the issuance of a 6% Special Events Permit to the American Legion for November 11, 2002 and authorize the Chair or County Manager to sign upon receipt.

Motion carried 2 - 0. Commissioner Bender reqused himself.

7. WORK SESSION: Ms. La Rue showed the Board a public service announcement regarding the budget process, which will air on cable television.

8. COMMISSIONER REPORTS: The Board noted their attendance at events last week.

  1. LEGAL MATTERS: None

There being no further business, the meeting adjourned at 9:50 a.m.

WEDNESDAY, NOVEMBER 6, 2002

LIQUOR LICENSE HEARING

BIBIAN MERCADO

(#114)

The Board of County Commissioner met with Linda Connors, Assistant County Attorney; Chair Gibson presided and Commissioners Bender and Rennels were present. Also present were Bibian Mercado, the applicant and Jean O'Connor, Recording Clerk.

Ms. Connors briefed the Board on the request from Mr. Bibian for a Hotel & Restaurant liquor license to be located at 1901 East Lincoln Street, Fort Collins, CO 80524 and d.b.a. El Chubasco. Ms. Connors accepted a petition circulated by the applicant and pictures of the posted notice of hearing as exhibits for the hearing. Ms. Connors requested Mr. Mercado explain alias's, dates of birth and social security numbers discovered during a routine background check.

Mr. Mercado stated that he provided the military a false date of birth so he could service his country; the aliases are a nickname (Bob) and the other is a family name (Bivian). Mr. Mercado stated that he was unaware of two social security numbers and suggested that perhaps the other number is his son's who has the same name. Mr. Mercado requested staff notify him of any results in the investigation of the second number. Mr. Mercado further noted his intention to abide by the laws of the State of Colorado and the Liquor Code.

Commissioner Rennels requested further investigation of the second social security number.

M O T I O N

Commissioner Rennels moved that the Board of County Commissioner approve a Hotel & Restaurant liquor license for Bibian Mercado d.b.a. El Chubasco and direct staff to continue investigation of the second social security number.

Motion carried 3 - 0.

There being no further business, the hearing adjourned at 3:15 p.m.

THURSDAY, NOVEMBER 7, 2002

LANDFILL AND TRANSFER STATION RATE INCREASE

PUBLIC HEARING

(#114)

The Board of County Commissioners met with Steve Gillette, Assistant Director of Natural Resources at 2:30 p.m.; Chair Gibson presided and Commissioner Bender was present; also present was Frank Lancaster, County Manager and Gael Cookman, Recording Clerk.

Mr. Gillette presented the Board with a handout of the proposed Landfill, Wellington, Berthoud, and Red Feather Transfer Station rate increases; he noted that the overall expenditures for 2003 are projected to be 7.33% higher than our 2002 expenditures. Mr. Gillette explained that much of this increase is due to higher personnel costs, as well as increased contributions to the landfill replacement reserve, equipment replacement reserve, and the gas collection system fund. Mr. Gillette proposed an increase of 4.6% for compacted trash, 4.1% for loose trash, and an average of 13% for self-haul at the landfill; he also proposed a 14.1% average increase in the rates at the transfer stations. Mr. Gillette explained that the United States Forest Service permit, which allows them to operate the Red Feather Lakes transfer station, expires December 31, 2002. He noted that the Natural Resources Department is currently negotiating with the Forest Service to extend the permit and if successful, the proposed Red Feather Lakes fees would apply. If negations are unsuccessful then they will close the Red Feather transfer station. Finally, Mr. Gillette stated the advantages and disadvantages as follows: Increasing rates will allow the Natural Resources Department to continue their current level of service. Increasing rates will ensure adequate fund balances in their reserve funds. Increasing rates will accelerate funding for the landfill gas system, which is now expected to be required in 2006. The proposed rate increases will still keep the landfill competitive with surrounding landfills. Disadvantages: Customers will pay more to use the landfill and transfer stations and local haulers will most likely pass this increase on to their customers. Mr. Gillette requested Board approval on the proposed rate increases at the Landfill, and the Wellington, Berthoud, and Red Feather Lakes Transfer Stations.

Chair Gibson asked why the dollar amounts for certain fees were not rounded up or down to expedite customer service at the landfill. Mr. Gillette noted that most of the haulers use charge accounts, or Waste Wizard cards, which allow them prompt access without landfill gate attendants having to count back change to these customers.

Chair Gibson then opened up the meeting for public comment and Mark Glorioso from Gallegos Sanitation Inc. (GSI) approached the Board. Mr. Glorioso stated that in his opinion the figures presented by the Natural Resources Department are not accurate; he explained that most of the other area landfills charge by the ton, not by the cubic yard, and he questioned how the Natural Resources came up with their figures. Mr. Glorioso noted that GSI does not pay $210.00 for a 30-yard roll-off container at the other area landfills. Mr. Gillette agreed that most of the area landfills do charge by the ton, but since Larimer County charges by the cubic yard, they ask for the cubic yard rate when generating comparison sheets, and the rates listed are those quoted by the other area landfills. Susie Gordon from the City of Fort Collins Natural Resources Department addressed the Board stating that the best possible scenario would be to install scales at the Larimer County Landfill so that they could charge by the ton. This way there would be no possible way that haulers would be charged for air space or half-empty containers.

Chair Gibson closed public comment. Commissioner Bender asked again why the Larimer County Landfill does not utilize scales. Mr. Gillette explained that installing scales at this point would not be cost effective when considering the volumes they receive and the life of the landfill being at most 15 years if the vertical expansion is approved. Mr. Gillette noted that the scales cost approximately $100,000.00 per scale and they would need three scales for the three gates they use at their facility. Otherwise traffic would possibly back up on to Taft Hill Road which would be a safety hazard. Chair Gibson asked Mr. Gillette if the haulers are paying for empty space or half-empty roll-off containers. Mr. Gillette explained that the haulers are only charged for the cubic yardage they bring in. The landfill gate attendants use cameras to look in the back of the containers and if the hauler states that he/she only has 15 yards in a 30-yard container, then they are only charged for the 15 yards. Mr. Lancaster reminded everyone to keep in mind that landfills close due to volume not weight.

M O T I O N

Commissioner Bender moved that the Board of County Commissioners approve the Landfill and Transfer Station Rates Fee Schedule to be effective January 1, 2003; that the Red Feather Lakes Transfer Station operation will be contingent upon obtaining a permit from the U.S. Forest Service; and that the Estes Park Transfer Station fee increase will be held in a separate hearing.

Motion carried 2-0.

Meeting adjourned at 2:55 p.m.

______________________________

GLENN W. GIBSON, CHAIR

BOARD OF COMMISSIONERS

MYRNA J. RODENBERGER

CLERK AND RECORDER

(S E A L)

A T T E S T

______________________________

Jean M. O'Connor, Clerk to the Board

_______________________________

Gael Cookman, Deputy Clerk

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