Loveland Bike Trail
 

MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

Monday, August 11, 2003

BOARD OF EQUALIZATION

(No Audio Available)

The Board of Equalization convened at 3:00 p.m.; Chair Bender presided and Member Rennels was present. Also present were Gael Cookman, Clerk's Office and Jean O'Connor, Recording Clerk.

Ms. Cookman requested the Board approve the recommendations of the referees for July 31st and August 5th, 2003.

MOTION

Member Rennels moved that the Board of Equalization approve the recommendations of the referees for July 31st and August 5th, 2003.

Motion carried 2 - 0.

There being no further business, the Board adjourned and the Board of County Commissioners convened.

LAND USE HEARINGS

(No Audio Available)

The Board of County Commissioners met with Rob Helmick, Senior Planner; Chair Bender presided and Commissioners Gibson and Rennels were present. Also present were Geniphyr Ponce-Pore; Larry Timm, Claudia DeLude, Russ Legg and Al Kadera, Planning Department; Roxann Hayes, Engineering Department; Doug Ryan, Health Department; Jeannine Haag, Assistant County Attorney; and Jean O'Connor, Recording Clerk.

Chair Bender stated that item #1, Fagereburg Rural Land Plan has been removed from the agenda and that the following items are consent and would not be discussed unless requested by the Board or members of the audience.

2. AMENDED PLAT OF LOTS 4 & 5, ANDERSON SUBDIVISION, OF THE AMENDED PLAT OF LOTS 2 - 16 AND A PORTION OF LOT 1: SW 1/4 14-5-69. NORTH OF THE BIG THOMPSON RIVER, EAST SIDE OF TAFT AVE

The is a request to move the property boundary between two lots +/- 25 feet west in order to create a wider buffer between property line and an existing house. Staff recommendation is approval with the following condition and authorize the Chair to sign the plat when presented for signature 1. All conditions shall be met and the Final Plat recorded by February 11, 2004 or this approval shall be null and void.

3. AMENDED PLAT AND EASEMENT VACATION FOR LOT 6 IF X-BAR SEVEN SUBDIVISION FIRST ADDITION: 13-4-71, APPROXIMATELY 1/2 MILE NORTH OF GRAY MOUNTAIN DRIVE AND MOSS ROCK COURT, NORTH OF AND ADJACENT TO GRAY MOUNTAIN DRIVE

This is a request to amend Lot 6 of X-Bar Seven Subdivision, First Addition in order to reconfigure the shape of a lot to give the lot owners more privacy. Staff recommendation is approval with the following conditions and authorize the Chair to sign the plat when presented for signature 1. The Final Plat shall be recorded by February 11, 2004 or this approval shall be null and void; 2. Technical corrections to the plat, as required by Dale Greer of Larimer County Engineering, shall be made prior to recordation of the plat; 3. This amended plat shall be recorded concurrently with an approved Melvin BLA (File # 03-S2163).

MOTION

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

Motion carried 3 - 0.

  1. LARIMER COUNTY-CITY OF LOVELAND INTERGOVERNMENTAL AGREEMENT REGARDING GROWTH MANAGEMENT
  2. This is a request for adoption of the Proposed IGA dated December 17, 2002, with Staff revisions dated March 26, 2003. Staff recommendation is approval of the Intergovernmental Agreement as revised and dated March 26, 2003, including the revised Exhibit 1 dated July 21, 2003 and including the proposed additional amendment to Sec. 2.4.1 of the IGA. Mr. Timm stated that the County attorney's office is also recommending that the "five-year rollover" reference in section 10.0 be deleted and the following statement be added: "Parties may request, in writing, to extend the agreement to a mutually agreed upon date."

    Commissioner Rennels asked if the proposed "excluded areas" would put landowners in a bind if they chose to do something with their property? Mr. Timm stated that if a property owner requested annexation and was denied, they always retain the right to develop under County regulations.

    Chair Bender asked why the "CPA" designations were being excluded and Mr. Gary Wilson, Loveland staff, noted that the parcels are already development as 35-acre parcels or are open space.

    Chair Bender noted there is no public present for this item.

    MOTION

    Commissioner Gibson moved that the Board of County Commissioners adopt the Intergovernmental Agreement between Larimer County and the City of Loveland, dated December 17, 2002, be approved as revised and dated March 26, 2003, including the revised Exhibit 1 dated July 21, 2003 and including the proposed additional amendment to Sec. 2.4.1 of the IGA as proposed by Loveland in item 5 of the staff report; and delete the reference to "five-year rollover" in Section 10.0 and add the statement recommended by the assistant County attorney.

    Motion carried 3 - 0.

  3. GOOD ZONING VIOLATION: 42300-00-002/SANDCREEK

This is an alleged violation of the Land Use Code Section 4.1.5: Outside storage is not a permitted use in the O-Open zoning district; Section 4.1.5: Junkyards are not a permitted use in the O-Open zoning district; and Definition Junkyard: "A facility for the display, storage, collection, processing, purchase, sale, salvage or disposal of used or scrap materials, equipment, junk vehicles, appliances or other personal property whether of value or valueless..." Staff findings are 1. The property is zoned O-Open; 2. The O-Open zoning district does not permit junkyards; 3. The O-Open zoning district does not permit outdoor storage; 4. The travel trailers are, by definition of the Larimer County Land Use Code, considered junk; 5. There is miscellaneous storage outside and around the abandoned travel trailers; 6. The continued use of the property, in violation of the zoning regulations, will affect property values in the area. Staff recommendation is 1. Find that a violation exists; 2. Require compliance within 30 days. Compliance requires that the two travel trailers, and all items stored outside and around the travel trailers, be removed from the property; 3. Authorize legal action if the deadline is not met.

Ms. DeLude briefed the Board and requested they find a violation exists at the site.

Mr. Bill Good, property owner, stated that he purchased the land in 1991 and it was zoned Agriculture, not O-Open as represented by staff. At that time, Mr. Good continued, he purchased an "Airstream" travel trailer and placed it on the parcel. Mr. Dave Micholson, President of the Sandcreek Homeowners Association (HOA), ordered him to remove the trailer because it did not conform to covenants. Mr. Good stated that when he refused, a short time later the trailer had been vandalized. Mr. Good further noted the trailer would remain on the parcel until a Federal investigation has been completed.

Mr. Duke Shaffer, adjacent property owner, stated that the HOA is only enforcing the covenants and that the trailer has been there as long as he could remember.

Ms. Julie Powers, council for the HOA, reiterated enforcement of the covenants and the desire of the HOA to have the trailer removed.

At this time the hearing was closed to the public and Commissioner Rennels stated that the Board does not have jurisdiction for enforcement of covenants.

Mr. Good reiterated his frustration with "criminal collusion" with the parties involved in this matter.

Commissioner Gibson asked how the County could remove the trailer if it has a title and Ms. DeLude replied that upon Court order, the County could store the trailer and if the owner does not claim it within 30-days, it would be at the County's discretion for disposal.

MOTION

Commissioner Gibson moved that the Board of County Commissioners find a violation exists; require compliance within 30-days. Compliance requires that the two travel trailers, and all items stored outside and around the travel trailers, be removed from the property. And authorize legal action if the deadline is not met.

Motion carried 3 - 0.

6. HILL ZONING VIOLATION: 3620 EAST HIGHWAY 34

This is an alleged violation of the Land Use Code Section 4.1.1: Outside storage is not a permitted use in the FA-Farming zoning district. Junkyards are not a permitted use in the FA-Farming zoning district. Definition Junkyard: "A facility for the display, storage, collection, processing, purchase, sale, salvage or disposal of used or scrap materials, equipment, junk vehicles, appliances or other personal property whether of value or valueless..." Staff findings include 1. The property is zoned FA-Farming; 2. The use of the property for a fruit stand is permitted; 3. The FA-Farming district does not permit junkyards or outdoor storage; 4. There is outdoor storage of miscellaneous junk on around the property, which is not accessory to the fruit stand or residential uses; 5. The continued use of the property, in violation of the zoning regulations, will affect property values in the area; 6. The continued use of the property, in violation of the zoning regulations, has generated complaints regarding aesthetics. Staff recommendation is 1. Find that a violation exists; 2. Require compliance on or before December 1, 2003. Compliance requires that all-outdoor storage not accessory to the fruit stand or residential use be removed from the property; 3. Authorize legal action if the deadline is not met.

Ms. DeLude stated that she spoke with the property owner before the hearing and he has requested compliance on or before December 1, 2003 and that staff concurs with the request.

Chair Bender noted there is no public present for this item.

MOTION

Commissioner Rennels moved that the Board of County Commissioners 1. Find that a violation exists; 2. Require compliance on or before December 1, 2003. Compliance requires that all-outdoor storage not accessory to the fruit stand or residential use be removed from the property; 3. Authorize legal action if the deadline is not met.

Motion carried 3 - 0.

There being no further business, the hearing adjourned at 4:00 p.m.

TUESDAY, AUGUST 12, 2003

ADMINISTRATIVE MATTERS

(No Audio Available)

The Board of County Commissioners met with Frank Lancaster, County Manager; Chair Bender presided and Commissioners Gibson and Rennels were present. Also present were Jim Alderden and Gary Darling, Sheriff's Office; Jim Reidhead, Rural Land Use Center; David Ayraud and Jeannine Haag, County Attorney's Office; Claudia DeLude and Candace Phippen, Planning Department; Bob Keister, Donna Hart, and Deni La Rue, Commissioner's Office; and Jean M. O'Connor, Clerk to the Board.

1. PUBLIC COMMENT: Ms. Connie Stowers stated that a Rural Land Use Plan recently approved, is not in compliance with the conditions of Findings and Resolution or the Development Agreement Residual Land Restrictions. Ms. Stowers noted that Mr. Gary Jacobson has removed his fence from her property but has now run the fence down the middle of the Buckhorn River. The fence continually collects debris and is a hazard. Commissioner Rennels stated that the situation seems to be a civil issue and that the Board does not have jurisdiction.

2. APPROVAL OF THE MINUTES FOR THE WEEK OF AUGUST 4, 2003:

MOTION

Commissioner Rennels moved that the Board of County Commissioners approve the minutes for the week of August 4, 2003 as presented.

Motion carried 3 - 0.

3. REVIEW THE SCHEDULE FOR THE WEEK OF AUGUST 18, 2003: Ms. Hart reviewed the schedule with the Board.

  1. CONSENT AGENDA:

MOTION

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

08122003A001 DEVELOPMENT AGREEMENT AND RESIDUAL LAND USE RESTRICTIONS BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND CHRISTOPHER C. AND DARCY L. LEHMANN FOR THE LEHMANN RURAL LAND PLAN

08122003A002 CORPORATE SPONSOR AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND FIRST NATIONAL BANK FOR THE FAIRGROUNDS AND EVENTS COMPLEX FOR NAMING RIGHTS

08122003A003 DEVELOPMENT AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND RONALD J. PHETTEPLACE AND THE SUMMIT CREST SUBDIVISION HOMEOWNERS ASSOCIATION FOR THE SUMMIT CREST SUBDIVISION

08122003D001 DEED OF EASEMENT BY RONALD J. HOFMANN AND LISA A. HOFMANN IN FAVOR OF LARIMER COUNTY

08122003D002 DEED OF DEDICATION BY EDWARD L. GILLETTE AND SHARON M. GILLETTE OF SAID PROPERTY FOR USE AS A PUBLIC HIGHWAY

08122003R001 RESOLUTION REGARDING RELEASE OF WARRANTY COLLATERAL FOR GRAYBILL PLANNED UNIT DEVELOPMENT

08122003R002 FINDINGS AND RESOLUTION APPROVING A DETERMINATION TO DECLINE ANNEXATION OF WHITMAN PROPERTY IN THE FORT COLLINS GROWTH MANAGEMENT AREA

08122003R003 FINDINGS AND RESOLUTION APPROVING AN AMENDED PLAT IN WILD EXEMPTION, TRACT 1

08122003R004 FINDINGS AND RESOLUTION APPROVING AN AMENDED PLAT AND VACATION OF EASEMENT IN HIDDEN VIEW ESTATES

08122003R005 FINDINGS AND RESOLUTION APPROVING AN AMENDED PLAT AND VACATION OF UTILITY EASEMENT IN CRYSTAL LAKES 7TH FILING, LOTS 54 AND 55

08122003R006 FINDINGS AND RESOLUTION APPROVING AN AMENDED PLAT IN YODER SUBDIVISION LOTS 3 AND 4

08122003R007 FINDINGS AND RESOLUTION APPROVING STREET NAMING IN VIRGINIA DALE ESTATES

08122003R008 FINDINGS AND RESOLUTION APPROVING AN AMENDED PLAT IN POUDRE PARK 2ND ANNEXATION

08122003R009 FINDINGS AND RESOLUTION APPROVING AN AMENDED PLAT IN PINEWOOD SPRINGS 2ND FILING

08122003R010 FINDINGS AND RESOLUTION APPROVING AN AMENDED PLAT AND VACATION OF UTILITY EASEMENT IN CRYSTAL LAKES 6TH FILING, LOTS 81 AND 82

08122003R011 FINDINGS AND RESOLUTION APPROVING AN AMENDED PLAT, VACATION OF EASEMENTS AND RIGHTS-OF-WAY IN POPLAR LAND 1ST FILING

08122003R012 FINDINGS AND RESOLUTION APPROVING AN AMENDED PLAT IN MEADOWDALE HILLS 2ND FILING, LOTS 95, 96, AND 97

08122003R013 FINDINGS AND RESOLUTION APPROVING AN AMENDED PLAT AND VACATION OF UTILITY EASEMENT IN GLACIER VIEW MEADOWS 1ST AND 2ND FILINGS

08122003R014 FINDINGS AND RESOLUTION APPROVING AN AMENDED PLAT IN WALPOLE SUBDIVISION, LOTS 3 - 5

08122003R015 FINDINGS AND RESOLUTION APPROVING THE VACATION OF UTILITY AND DRAINAGE EASEMENT IN CLYDESDALE PARK PLANNED UNIT DEVELOPMENT 1ST FILING, LOT 82

08122003R016 FINDINGS AND RESOLUTION APPROVING THE SCHNORR MINOR LAND DIVISION

08122003R017 RESOLUTION FOR STATUTORY VESTED RIGHTS FOR LEHMANN RURAL LAND PLAN

08122003R018 RESOLUTION FOR STATUTORY VESTED RIGHTS FOR SUMMIT CREST SUBDIVISION

MISCELLANEOUS: Summit Crest Subdivision Final Plat; Final Plat for Lehmann Rural Land Plan; Larimer County Works- County Diversion Policy Addendum; Letter of Support for reinstatement of Juvenile Accountability Incentive Block Grant.

LIQUOR LICENSE: The following license was issued Colorado State University- Hughes Stadium- Special Event 3.2%- Fort Collins, CO.

Motion carried 3 - 0.

5. DISCUSSION REGARDING THE CORRECTIONS MASTER PLAN:

Mr. Keister briefed the Board on the Corrections Master Plan and noted the total expansion build-out would be in three phases. The first phase has three stages, the 2nd phase would be in 20-years and the 3rd phase approximately 20-years after that. It is proposed that the $25 million dollar per year cost of Phase 1 (for debt service, staffing and operations) would be funded by the repeal of the existing .2% sales and use tax and simultaneous creation of a new sales and use tax of .4% as well as a creation of a 4.0 Mill Levy increase and both would be in perpetuity. Mr. Ayraud provided the Board with proposed ballot language for the November election on the two tax increases and clarified that there would be two separate questions for the citizens to consider.

Commissioner Gibson noted that if neither ballot measure is successful, citizens need to realize that at least $3.5 million needed would have to come from other County services that are not mandated by the State just do to a minimal Alternative Sentencing portion of Phase 1. Mr. Keister stated that another work session is scheduled for next week to finalize ballot language.

6. WORK SESSION: Mr. Lancaster stated that he would be scheduling a work session regarding the report on governance options.

Mr. Lancaster asked if the Board was ready to take a position on the Video Lottery Terminals issue. Consensus of the Board is that they are against the terminals in Larimer County and directed staff to draft a resolution stating such.

Mr. Lancaster informed the Board that the Board of Health has declared the West Nile Virus at epidemic status and may expand treatment to adulticiding.

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

8. LEGAL MATTERS: Ms. DeLude informed the Board that she has received $8,675 back from the Mechalke/Geibel family for clean up of property.

Ms. Haag requested formal authorization to commence legal action on the Horner Code Violation. Ms. DeLude stated that she has not received a formal zoning code complaint at this time. Ms. Phippen stated that building inspectors have red tagged the 30 x 50 building twice and have been ignored twice.

MOTION

Commissioner Rennels moved that the Board of County Commissioners authorize the commencement of legal action to pursue a building code violation and potential zoning code violation.

Motion carried 3 - 0.

There being no further business, the meeting adjourned at 11:30 a.m.

LIQUOR LICENSE HEARING

Irish Cowgirls, Inc.

dba

The Gambler Steakhouse

The Board of County Commissioners met with Sean McGill, Assistant County Attorney; Chair Bender presided and Commissioner Rennels was present. Also present were Gael Cookman, Clerk's Office and Jean O'Connor, Recording Clerk.

Mr. McGill stated that purpose of this hearing is to consider the approval of a Hotel-Restaurant liquor license for Irish Cowgirls, Inc. dba The Gambler Steakhouse, located at 4333 E. Mulberry, Fort Collins, CO 80524.

Exhibits were submitted and Ms. Megan Pervis was sworn in for testimony. Ms. Pervis stated that no opposition was received during the circulation of the petition. Ms. Pervis also noted that she has received a Liquor Codebook from the State, has joined the Fort Collins Restaurant Association, and will train employees to recognize and handle intoxicated patrons. Ms. Pervis stated that the establishment would call a cab if necessary and/or encourage the patron to get a hotel room.

Commissioner Rennels asked if Ms. Pervis has any experience in the restaurant business, and Ms. Pervis replied that her father owns the Gambler in Weld County and that she has grown up in the business. Commissioner Rennels suggested that Ms. Pervis work with staff and the Sheriff's Department on how to handle intoxication; Ms. Pervis concurred.

Ms. Cookman stated that the application is currently missing a diagram of the premise and that staff will perform a final inspection in the next week or so.

MOTION

Commissioner Rennels moved that the Board of County Commissioners approve a Hotel-Restaurant Liquor License to Irish Cowgirls, Inc. dba The Gambler Steakhouse, located at 4333 E. Mulberry, Fort Collins, CO 80524.

Motion carried 2 - 0.

There being no further business, the hearing adjourned at 1:40 p.m.

_________________________________

THOMAS G. BENDER, CHAIR

BOARD OF COMMISSIONERS

SCOTT DOYLE

CLERK AND RECORDER

S E A L

(A T T E S T)

_________________________________

Jean M. O'Connor, Clerk to the Board

Clerk's Note: See the minutes for the week of September 15, 2003 for a dba name change to Lil's Gamblers Steakhouse.

Background Image: Loveland Bike Trail by Sharon Veit. All rights reserved.