Elk in Rocky Mountain National Park
 

MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

Monday, September 29, 2003

LAND USE HEARING

(NO AUDIO AVAILABLE)

The Board of County Commissioners met at 3:00 p.m., with Al Kadera and Claudia DeLude, Planning Department; Chair Bender presided and Commissioners Gibson and Rennels were present. Also present were Jeannine Haag, Assistant County Attorney; Gael Cookman, Clerk and Recorder and Dawn Stroh, Recording Clerk.

Chair Bender stated the following items are consent and would not be discussed unless requested by the Board or members of the audience.

  1. ITEMS TABLED FROM THE AUGUST 18, 2033 HEARING

    1. ASPYN GRADING ZONING VIOLATION 02-ZV0317

This item is in regards to Aspyn Grading Zoning Violation tabled from the August 18, 2003 meeting. The staff findings state that; 1) the property is zoned RE-Rural Estate; 2) the RE-Rural Estes zoning district does not permit outdoor storage of commercial vehicles; 3) the continued use of the property, in violation of the zoning regulations, has affected the neighbors' ability to enjoy their own properties; 4) the continued use of the property, in violation of the zoning regulations, will affect property values in the area. The staff recommendations are to find that a violation exists and require compliance within 30 days for the outdoor storage of commercial vehicles to cease, or authorize legal action if the deadline is not met.

Ms. DeLude stated that she had met with the property owners prior to this hearing and they are researching historical uses of the property. Ms. DeLude requested the Board to table the meeting until November 3, 2003 at 3:00 p.m.

MOTION

Commissioner Gibson moved that the Board of County Commissioners table the Aspyn Grading Zoning Violation until November 3, 2003 at 3:00 p.m.

Motion carried 3-0.

    1. ROBINSON ZONING VIOLATION 02-ZV0127

This item is in regards to Robinson Zoning Violation tabled from the August 18, 2003 meeting. The staff findings include; 1) the property is zoned O-Open; 2) outside storage in not a permitted use in the O-Open zoning district; 3) a special exception was approved in 1976 permitting an auto repair business; 4) one condition of approval for the Special Exception was that there be no outdoor storage of autos/auto parts; 5) the property owner has made no contact to the staff; 6) the continued use of the property, in violation of the Land Use Code, will affect property values in the area; 7) the continued use of the property, in violation of the Land Use Code, has affected the neighbors' ability to enjoy their own properties. The staff recommendations are to find that a violation exists, require compliance within 45 days, and authorize legal action if the deadline is not met.

Ms. DeLude stated she has been in contact with the property owner and significant improvements have been made, however, the property owner has requested more time to complete the work. Ms. DeLude requests that the Board table the Robinson Zoning Violation until October 20, 2003 at 3:00 p.m.

MOTION

Commissioner Rennels moved that the Board of County Commissioners table the Robinson Zoning Violation until October 20, 2003 at 3:00 p.m.

Motion carried 3-0.

There being no further business, the meeting adjourned at 3:11 p.m.

TUESDAY, SEPTEMBER 30, 2003

ADMINISTRATIVE MATTERS

The Board of County Commissioners met at 9:00 a.m. with Neil Gluckman, Assistant County Manager; Chair Bender presided and Commissioners Gibson and Rennels were present. Also present were Dale Miller, Road and Bridge Director; Mark Peterson, County Engineering Department; Donna Hart, Commissioners Office; Claudia DeLude and Al Kadera, Planning Department; Stan Griep, Building Department; Gael Cookman Clerk and Recorder and Dawn Stroh, Recording Clerk.

1. PUBLIC COMMENT: Ms. Suzanne Guthrie and Mr. John Spoon voiced their concerns regarding property in the Big Thompson Canyon area.

2. APPROVAL OF THE MINUTES FOR THE WEEK OF SEPTEMBER 22, 2003.

MOTION

Commissioner Gibson moved to approve the minutes for the week of September 22, 2003.

Motion carried 3-0.

3. REVIEW OF THE SCHEDULE FOR THE WEEK OF OCTOBER 6, 2003. Ms. Hart reviewed the schedule with the Board.

4. CONSENT AGENDA: Mr. Gluckman requested the Board to remove item #2 Global Spectrum, L.P. from the agenda.

MOTION

Commissioner Rennels moved that the Board of County Commissioners approve the following items as presented on the consent agenda minus item #2 The Management Agreement By and Between Larimer County and Global Spectrum, L.P.

09302003A001 DEVELOPMENT AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND LAFARGE WEST, INC., FOR THE NORTH TAFT HILL EXPANSION LAFARGE WEST, INC., SPECIAL REVIEW ON SAND AND GRAVEL MINING FILE #00-Z1355

09302003A004 CONFIDENTIAL PERSONNEL AGREEMENT AND RELEASE BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND A COUNTY EMPLOYEE

09302003R001 RESOLUTION ESTABLISHING COMPENSATION FOR DISTRICT ATTORNEY JASON ST. AUBIN

09302003R002 FINDINGS AND RESOLUTION APPROVING AN AMENDED PLAT IN HIGH DRIVE HEIGHTS

09302003R003 FINDINGS AND RESOLUTION APPROVING AN AMENDED PLAT IN MICHENER MINOR LAND DIVISION

09302003R004 FINDINGS AND RESOLUTION APPROVING THE WEIXELMAN - MAE MINOR LAND DIVISION

LIQUOR LICENSES: The following licenses were approved and issued: Horsetooth Liquor - Retail - Fort Collins, CO; The Canyon Grill - Hotel and Restaurant - Fort Collins, CO.

Motion carried 3-0.

5. RESOLUTION TEMPLATE FOR THE ACCEPTANCE OF SUBDIVISION ROADS FOR COUNTY MAINTENANCE: Mr. Miller stated that the revised resolution identifies specific maintenance services and requested the Board to approve the proposed template as the format for existing and future subdivision road maintenance.

Commissioners Rennels had concerns regarding item #4 which states, Larimer County reserves the right to alter or remove plants, rocks, etc...within the dedicated Right of Ways, and item #5 which states, Larimer County has the right to remove "custom" or non-standard signs from the dedicated public Right-of-way. Commissioner Rennels stated that Larimer County would give the property owners notification before any action was taken. Mr. Miller stated that in the revised template, the language clarifies each item and that proper notification would be given to those affected.

MOTION

Commissioner Gibson moved that the Board of County Commissioners approve the proposed resolution template as the format for existing and future subdivision road maintenance.

Motion carried 3-0.

  1. INTERGOVERNMENTAL AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE CITY OF FORT COLLINS ON THE TAFT HILL ROAD DESIGN FUNDING: Mr. Peterson stated the County has been collecting regional road funds as part of the Capitol Expansion Fee Program. Mr. Peterson also stated the City of Fort Collins adopted their regional road fee dollars which they've collected more than $1,000,000.00, and have been conveyed to Larimer County. Mr. Peterson requests the Board approve the attached IGA and the transfer of $300,000.00 from Larimer County to the City of Fort Collins for the Taft Hill Road Design Fund. Commissioner Gibson stated concerns for other roads that are in high priority, and asked how the Taft Hill project was selected. Mr. Peterson stated he, Mr. Miller and Mr. Engemoen studied different criteria and ranked road projects by needs. The Taft Hill two-lane roadway is a high priority need since studies show in excess of 20,000 vehicles per day use that roadway.

MOTION

Commissioner Rennels moved that the Board of County Commissioners approve the IGA between Larimer County and the City of fort Collins for design work on Taft Hill Road. The IGA provides for the transfer of $300,00.00 from Larimer County to the City for Fort Collins for performance of this work and identifies how the funds will be used and the process for management of this project.

Motion carried 3-0.

09302003A003 INTERGOVERNMENTAL AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE CITY OF FORT COLLINS ON THE TAFT HILL ROAD DESIGN FUNDING

Mr. Gluckman stated that Mr. Hass reviewed the documents on item #2 Global Spectrum L.P., that was pulled from the consent agenda and recommended the Board approve and sign the faxed documents when received.

MOTION

Commissioner Gibson moved that the Board of County Commissioners approve and sign the faxed documents on the Agreement By and Between Larimer County and Global Spectrum, L.P.

Motion carried 3-0.

09302003A002 MANAGEMENT AGREEMENT BY AND BETWEEN LARIMER COUNTY AND GLOBAL SPECTRUM, L. P.

7. WORKSESSION: Commissioner Rennels stated when attending the Budget Committee on Friday, a new Bill for Insurance Dollars pertaining to emergency transportation and trauma services will be discussed. Commissioner Rennels also stated that the Hearts for Horses Organization has been in contact with her regarding auction of the Old Fairgrounds equipment and that maybe an in-kind donation could be considered. Mr. Gluckman briefed the Board on his schedule for the next two weeks. Chair Bender had concerns on when citizens would be allowed to comment on the County Budget for the year 2004.

8. COMMISSIONERS' REPORTS: The Board noted their attendance at events the prior week.

9. LEGAL MATTERS: None.

There being no further business, the meeting adjourned at 10:40 a.m.

_____________________________

THOMAS G. BENDER CHAIR

BOARD OF COMMISSIONERS

SCOTT DOYLE

CLERK AND RECORDER

( S E A L )

A T T E S T

_________________________________

DAWN L. STROH, DEPUTY CLERK

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