Loveland Bike Trail
 
> Meetings & Minutes > Commissioners' Minutes > BCC Minutes for 03/24/08  

MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

 

Monday, MARCH 24, 2008

 

 

LAND USE HEARING

(#185)

 

 

The Board of County Commissioners met at 3:00 p.m. with Matt Lafferty, Principal Planner.  Chair Gibson presided, and Commissioners Eubanks and Rennels were present.  Also present were:  Sean Wheeler, Planning Department; Christy Coleman, Mark Peterson, Traci Downs, and Charlie Johnson, Engineering Department; Jeanine Haag, Assistant County Attorney; and Gael Cookman, Deputy Clerk.

 

Chair Gibson opened the meeting with the Pledge of Allegiance and asked for public comment on the County Budget and Land Use Code.  No one from the audience addressed the Board regarding these topics. 

 

Chair Gibson then explained that the following items were on consent and would not be discussed unless requested by the Board, staff, or members of the audience: 

 

1.  SADDLE RIDGE ACRES AMENDED PLANNED UNIT DEVELOPMENT - FILE #08-S2770:  This is a request for an amendment to the Saddle Ridge Acres PUD Lots 3A, 3B and Outlot A to reconfigure the building pads to accommodate a new configuration of buildings and site circulation.

At the February Planning Commission meeting a resident requested that the item be removed from the consent agenda and be discussed, as he was unaware as to what was being proposed.  However, after a brief consultation with the applicant the interested resident stated that all his questions were resolved and the item remained on the consent agenda.  After a brief overview of the project the Planning Commission made a motion to approve, which motion received a unanimous vote in favor of the request.

 

The Planning Commission and Development Services Team recommend approval of the Saddle Ridge Acres Amended PUD, File #08-S2770, subject to the following conditions:

 

1.    The Final Plat shall be consistent with the approved preliminary plan and with the information contained in the Saddle Ride Acres Amended PUD (File #08-S2770), except as modified by the conditions of approval or agreement of the County and applicant.  The applicant shall be subject to all other verbal or written representations and commitments of record for the Saddle Ridge Acres Amended PUD.

 

2.    The following fees shall be collected at building permit issuance for new non-residential construction:  Larimer County fees for County and Regional Transportation Capital Expansion.  The fee amount that is current at the time of building permit application shall apply. 

 

3.   Setbacks for lots 3-A through 3-G shall be 20 feet from all property lines adjacent to Highway 287 and County Road 14.  All other setbacks for said lots internal to the development shall be 0 (zero) feet.

 

4.    The allowable amount of square feet to be distributed to the new lots shall be no greater than 73,908 square feet.

 

5.    The uses allowed on the new lots shall be as originally approved in the Saddle Ridge Acres PUD (File # 96-MS0907).

 

6.    All other conditions and representation of approval from the original Saddle Ridge Acres PUD (File # 96-MS0907) shall remain in full force and effect unless modified by this approval.

 

2.   COUNTY ROAD 32C RIGHT OF WAY VACATION:  This is a request to vacate portions of unnecessary right of way of CR 32C.          

As a result of the City of Fort Collins development of the Bobcat Ridge Natural Area south of Masonville, the City was required to reconstruct and realign County Road 32C to make necessary improvements to the road and drainage systems in the area of the development to bring the systems into conformance with the minimum County standards, which include requirements for a 20 feet wide all-weather surface road with 1’deep road side ditches and not more than 2:1 fore-slopes and 1.5:1 back slopes.  In addition, the standards include requirements for maximum road grades, minimum horizontal curve radii and minimum vertical curve lengths. Improvements were also necessary to the culverts and swales along CR 32C to adequately convey the stormwater in a 10-year and 100-year rain event.

 

No adjoining lands to the proposed vacation will be left without an established public road or private access easement connecting the land with another established public road, or without utility or drainage services. All appropriate agencies have been notified of the proposed right-of-way vacation. 

Staff findings are as follows:

1. No objections have been received from affected property owners, utility providers, or interested public agencies.

            2. Notices have been sent to all utilities within the vicinity. All utilities have been relocated within new easements or rights of way which will not be vacated.

            3. The vacation of right-of-way will not leave any adjoining property owners without an established access.

            4. All requirements of CRS 43-2-303 have been met, including notification of landowners and utilities.

 

3.   COUNTY ROAD 74E, 73C, AND 162 RIGHT OF WAY VACATION:  This is a request to vacate a portion of unnecessary right of way for the intersection of CR74E, CR73C and CR162. 

Larimer County Engineering reconstructed the intersection of County Road 73C, 74E, and CR162, in 2005.  As a result of the project, a portion of the right of way for CR162 is no longer required.  By an Agreement dated April 22, 2005, with Campbell Development, Inc. and the County, we agreed to vacate the unnecessary right of way in exchange for the donation of required right of way.  The project is complete and the roadway is functioning.

 

No adjoining lands to the proposed vacation will be left without an established public road or private access easement connecting the land with another established public road, or without utility or drainage services. All appropriate agencies have been notified of the proposed right-of-way vacation. 

Staff findings are as follows: 

            1. No objections have been received from affected property owners, utility providers, or interested public agencies.

            2. Notices have been sent to all utilities within the vicinity. CenturyTel has an existing telephone utility in the proposed vacated area. An easement shall be reserved for this utility.

            3. The vacation of right-of-way will not leave any adjoining property owners without an established access.

            4. All requirements of CRS 43-2-303 have been met, including notification of landowners and utilities.

 

M O T I O N

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

Motion carried 3-0.

 

03242008R001           FINDINGS AND RESOLUTION APPROVING THE VACATION OF A RIGHT-OF-WAY ON COUNTY ROAD 32C

03242008R002           FINDINGS AND RESOLUTION APPROVING VACATION OF RIGHT-OF-WAY WITH RESERVATION FOR UTILITIES AT THE INTERSECTION OF COUNTY ROADS 74E, 73C, AND 162

 

4.  WARBERG FARM CONSERVATION DEVELOPMENT (CD), PRELIMINARY PLAT, IRRIGATION FACILITIES APPEAL:  This is a request for consideration by the Board of County Commissioners of the requirements imposed on the Warberg Farm CD Final Plat by a Ditch Company.

The applicants are requesting a hearing before the Board of County Commissioners to address requirements made by the Gard Lateral Ditch Company for their project, the Warberg Farm Conservation Development.  The applicants are asking the Board of County Commissioners to accept the information provided to date as being adequate to address impacts to irrigation facilities adjacent to the Conservation Development.  For background, Planning Staff forwarded copies of the applicant’s project materials related to these issues to the ditch company for the Sketch Plan review, and the Preliminary and Final Plat applications.  The Gard Lateral Ditch Company’s attorney provided comments for the Final Plat on July 27, 2006.  Planning Staff provided a copy of these comments to the County Engineering Department.

The applicants advised staff that the ditch company concerns had been addressed, and Staff did not receive any follow up inquiries from the ditch company regarding their concerns.  Approximately one year later, staff recorded the Final Plat and Development Agreement for the Warberg Farm CD. 

In November 2007, the ditch company’s attorney notified the applicants that the recording of the Final Plat did not address the Gard Lateral Ditch Company requirements.  They did not provide the Planning Department, as the County’s Project Manager, with a copy of the letter.  In December, 2007, the applicant contacted Planning Staff regarding these issues.  Planning Staff asked the Engineering Department to attempt to resolve the outstanding concerns between the applicant and the ditch company.  Staff can mediate, but not force a solution on either party and because the two sides can not agree, the applicant has requested the Board of County Commissioners make a ruling. 

The applicant’s specific concerns are outlined in their letter.  Their ability to make this request is provided for in Section 8.8 of the Larimer County Land Use Code.  This Section outlines the responsibilities of developers related to irrigation facilities potentially impacted by their projects.  Where there are disagreements between applicants and ditch companies, Subsection 8.8.4.H provides a mechanism for applicants to seek resolution on the issues from the County Commissioners.  This subsection states…“When the county commissioners determine that unreasonable, unnecessary or extraordinary requirements are proposed by a ditch owner, the commissioners may approve only those requirements they deem appropriate to protect the irrigation facilities.”  Following the applicant’s written request for a hearing with the county commissioners, staff scheduled this project for consideration as quickly as possible.  This report is provided for background information only and the short review period did not allow for a staff assessment of issues.  Staff will prepare to address questions at the public hearing regarding the adequacy of the information provided.  Staff will also notify the ditch company of this hearing as well.

 

Because of the accelerated nature of this request for a public hearing, written comments are not provided by the Development Services Team.  The Development Services Team will be prepared to address questions related to this request at the public hearing. 

Mr. Wheeler briefly explained the item as outlined above, noting that they have been unable to mediate the issue with the parties involved.  Ms. Coleman stated that the development has gone through the preliminary plat stage and is in final construction.  She noted that the Gard Lateral Ditch Company has concerns regarding how drainage will be accomplished.

The applicant, Sonya Warberg Mast, addressed the Board.  Ms. Warberg Mast stated that the final plat was approved through engineering, and was certified as having met all of the design requirements and code standards.  Ms. Warberg Mast further stated that during the construction process they actually increased the size of the detention ponds.  Ms. Warberg Mast stated her belief that she has met and satisfied the requirements of the County; and has taken the strongest measures to ensure there are no negative impacts to the area or the Gard Lateral Ditch.

Dennis Messner, engineer hired by Ms. Warberg Mast, explained the design of the project is to release at a 2-year historic rate.  He explained the construction of the detention ponds and the culverts used.  He stated ponds will act both as water quality and detention ponds.

Andy Jones, attorney for the Gard Lateral Ditch Company, displayed a power point presentation noting the history and background of the water supply in this area.  Mr. Jones stated their belief that the plan does indeed alter the drainage patterns and will increase run off, which presents the potential for flooding and damage.  He explained that the Gard Lateral Ditch Company has had to hire engineers to review the project and that the applicant, according to the county’s Land Use Code, should be required to pay the associated costs for this review.  Mr. Jones then gave a historical time line of contact between the applicant and the Gard Lateral Ditch Company. 

Jeff Olhausen, engineer for the Gard Lateral Ditch Company, displayed a map of the proposal and the potential drainage problems as he sees them, with overflow issues and disruption of the historical flow of the ditch.  He also displayed photos of erosion control measures and displayed outlet works of the ponds.  Discussion ensued regarding the size of the culverts and the impact to the ditches.  Mr. Olhausen stated that is appears Ms. Warberg Mast is trying to detain the water on the Warberg property, which goes against the historical flow of the water.

Barbara Johnston, secretary of the Gard Lateral Ditch Company and their Ditch Rider; noted her concern with the ditches running into the pipeline and stated the need to be part of this process.  She stated the necessity to be able to divert and control water to respond to a 100-year storm.  Ms. Johnston also addressed the needs to be reimbursed for the review and studies, per the land use code.

Mr. Jones requested that the Board implement Mr. Olhausen’s report in order to:  1. Retain a 100 year storm management system for the entire property.  2.  Achieve a 2 year release rate.  3.  Increase the size of the detention ponds.  4.  Require the Homeowners Association to maintain the drainage system.  5.  Install access at the end of the cul-de-sac.  6.  Reimburse the Gard Lateral Ditch Company for their costs to date.

Under applicant rebuttal, Ms. Warberg Mast explained that she has offered to meet with Ms. Johnston, and has also offered to pay $5,000 of the costs that the Gard Lateral Ditch Company has incurred.  Ms. Warberg Mast noted that she has received approval for sizing and installation of the culverts, and she will not let things silt up or encourage damage or destruction of the area, as that would be of no benefit to her either.  Mr. Messner again explained the design of the detention ponds and culverts, and noted that they can look at some additional erosion control measures. 

There was no public comment. 

Commissioner Eubanks asked about the cul-de-sac access and the piping of water.  Ms. Coleman explained that the cul-de-sac access has been engineered and is ready to go; and that the pipe has been put on hold because piping a ditch that has historically had water running through it is not allowed.

Discussion ensued regarding the amount that the applicant should have to pay to the Gard Lateral Ditch Company to reimburse their engineer and attorney fees.  Commissioner Eubanks suggested the $6486.35 that was presented by Mr. Jones.  At this time Mr. Jones again approached the Board and stated that the number had increased due to the hours he worked to prepare for today's hearing, and the new figure would be approximately $7700.00.

 

M O T I O N

Commissioner Eubanks moved that the Board of County Commissioners deny the request to find that the Gard Lateral Ditch Company has made unreasonable, unnecessary or extraordinary requirements of the applicant for the Warberg Farm Conservation Development.  And further moved that the County require the applicant to pay the review fees and related costs to the Gard Lateral Ditch, their attorney’s fees, or any other fees or costs related to the irrigation facilities, in the amount of $7,700, and that the project will not move into the warranty phase until such payment has been made.

Motion carried 3-0.

 

5.  OWL CANYON STORAGE SPECIAL EXCEPTION, FILE #07-Z1628:  This is a request for review of a Special Exception application to construct and operate an enclosed mini-storage and outdoor RV and boat storage facility on the subject property.  Property is zoned O-Open.

This application has previously been to the Board of County Commissioners and at that time it was sent back to the Larimer County Planning Commission for further review and discussion.  The Larimer County Planning Commission did consider the application again at their February 20, 2008, meeting.  At that time the Team and the applicant were the only individuals who spoke, no member of the public commented.  The Larimer County Planning Commission discussion is reflected in the minutes of the meeting and they are attached for your review. 

 

The Board of County Commissioners' held a public hearing on January 7, 2008, on this request, after a Larimer County Planning Commission hearing on November 21, 2007.  The attached information was provided to the Board of County Commissioners for their consideration at the hearing.  Also provided at the hearing, by the applicant, was the information from the Town of Wellington, regarding the use and the Draft Master Plan. 

 

At the conclusion of the Board of County Commissioners hearing, the Board decided to send the request back to the Larimer County Planning Commission for further consideration.  The Board of County Commissioners noted its frustration with the Town of Wellington in not proceeding faster to reach an IGA with the County.  Based on the letter from the Town and the applicant’s comments, the Board felt it necessary to send this request back to the Larimer County Planning Commission.  The Board takes the Planning Commission’s recommendations very seriously, and felt that the Planning Commission hadn’t had the benefit of the additional information the Board had access to.  Also, the Board was concerned that with only 5 members of the Commission present for the hearing, the outcome might have been different had more members voted. 

 

From the perspective of the Development Services Team, we must advise that the Master Plan map presented is only a draft plan.   The Town’s plan has not yet been adopted by the Town.  There have yet to be any discussions with the County regarding a GMA boundary or the details of a proposed IGA.  Although the County is ready to start discussions with the Town regarding an IGA, we understand that the Town will wait to do so until after its comprehensive plan is adopted—possibly in April.  We think that to act as if the Town’s plan has been adopted and that an IGA has been adopted with the GMA boundary as shown on the map could be problematic with other land use applications prior to these approvals.  If the County were to approve this request based on draft plans and the intent to get an IGA, other property owners could expect similar treatment.  If for some reason the Town’s adopted plan is different or if an IGA is not agreed to, we may have approved a use that we might otherwise not have.

 

If the Town is supportive of the request, the Town could annex the site.

 

The Development Services Team finds that while the application could meet many of the technical or design standards of the Code, the principal issue with a Special Exception is the appropriateness of the use for the site selected.  While the applicant does present a case for reuse of agricultural lands near Wellington, we continue to find that without an adopted GMA and IGA there is not a compelling case made as to why this use should be located at this site and what distinguishes this site from any other land around Wellington. 

 

The Development Service Team Recommended that the Larimer County Planning Commission recommends to the Board of County Commissioners, denial of the Owl Canyon Storage Special Exception, and based upon the discussion above continues that recommendation. 

 

In the alternative, should the Board of County Commissioners take action to approve the request the Team recommends that in addition to the required Site Plan Review approval and resolving drainage/floodplain issues the applicant be required, prior to the acceptance of the first building permit to execute an agreement to annex to the Town of Wellington. 

 

The Planning Commission recommends that the Owl Canyon Storage Special Exception, file #07-Z1628, be approved.

 

Mr. Lafferty displayed an aerial photo of the property and explained that they were anticipating this property would be included in the Town of Wellington's Growth Management Area (GMA).   He noted that the Development Services Team recommends denial until such a time that the Town of Wellington defines the GMA and establishes an Intergovernmental Agreement (IGA) with Larimer County.

 

The applicants, Jill and Beck Beckstead, requested Board approval on their application, noting that there is a very large need for storage in the area, as many homeowners store RV's and boats that they cannot store at their homes.

 

There was no public comment on this item.

 

Commissioner Rennels stated that she understood staff's position in having to enforce what is outlined in the Land Use Code; however, business owners should not be placed "on hold" until the Town of Wellington determines and creates both the GMA and  IGA.  Chair Gibson and Commissioner Eubanks agreed.

 

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners approve the Owl Canyon Storage Special Exception file # 07-Z1628, as discussed in the Team alternative recommendation, with the condition that the required Site Plan approval and resolving drainage/floodplain issues be resolved prior to the acceptance of the first building permit to execute an agreement to annex to the Town of Wellington.

Motion carried 3-0.

 

The hearing adjourned at 4:30 p.m.

 

TUESDAY, MARCH 25, 2008

 

ADMINISTRATIVE MATTERS

(#186 & 187)

 

The Board of County Commissioners met at 9:00 a.m. with County Manager Frank Lancaster.  Chair Gibson presided and Commissioners Eubanks and Rennels were present.  Also present were:  Donna Hart, and Deni LaRue, Commissioners’ Office; Ginny Riley, and Angela Mead, Human Services Department; Wynette Reed, Pam Stultz, and John Gamlin, Human Resources Department; Kathy Snell, Health and Human Services Department; Dave Morante, McWhinney Company; Larry Timm, Russ Legg, Wendy Dionigi, and Candice Phippen, Planning Department; Gary Buffington, and K-Lynn Cameron, Natural Resources Department; Jerry White, Engineering Department; Jeannine Haag, and Linda Connors, County Attorneys' Office; and Gael Cookman, Deputy Clerk.

 

1.   PUBLIC COMMENT:   There was no public comment today.

 

2.  APPROVAL OF THE MINUTES FOR THE WEEK OF MARCH 17, 2008:

 

M O T I O N

 

Commissioner Eubanks moved that the Board of County Commissioners approve the minutes for the week of March 17, 2008, as presented.

 

Motion carried 3-0.

 

3.  REVIEW THE SCHEDULE FOR THE WEEK MARCH 31, 2008:  Ms. Hart reviewed the upcoming schedule with the Board.

 

4.  CONSENT AGENDA:

 

M O T I O N

 

Commissioner Rennels moved that the Board of County Commissioners approve the following items as presented on the Consent Agenda for March 25, 2008:

 

PETITIONS FOR ABATEMENT:  As recommended by the County Assessor, the following Petitions for Abatement are approved:  McWhinney Real Estate Services, Inc.; Jacor Broadcasting of Colorado; Miriam White; North College Carwash & Storage, LLC; Rolando and Kathleen Santos; North Arrow Properties, LLC; and Randy Nelson.

 

03252008A001           ENTERPRISE ZONE MARKETING CONTRACT BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE STATE OF COLORADO FOR THE USE AND BENEFIT OF THE COLORADO OFFICE OF ECONOMIC DEVELOPMENT

 

03252008A002           CONTRACT FOR CONVEYANCE OF PERMANENT UTILITY EASEMENT BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS, AND DEER RIDGE, INC.

 

03252008A003           TERMINATION OF RIGHT OF FIRST NEGOTIATION - BLUE MOUNTAIN BISON RANCH BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS, AND DAYMAKER, INC.

 

03252008D001           DEED OF DEDICATION - DEER RIDGE, INC. (For improvements to County Road 67)

 

03252008D002           DEED OF DEDICATION - ARNOLD (For improvements to County Road 19)

 

03252008P001            LARIMER COUNTY WORKS POLICY - AFFORDABLE, APPROPRIATE CHILD CARE

 

03252008R001           FINDINGS AND RESOLUTION APPROVING THE PETITION OF THE GLADE QUARRY SPECIAL REVIEW

 

MISCELLANEOUS:  CDBG Homeless Services Grant (HSG) Proposal to the Colorado Division of Housing; CDBG Application to the State Division of Housing.

 

LIQUOR LICENSES:  The following licenses were approved and issued:  Vern's Inc., dba Vern's Place - Beer and Wine - LaPorte; Del Sol LLC, dba Eloy's - Tavern - Fort Collins.  The following permits were approved:  Mountain View Rotary - Special Event 6% - Loveland; Horsetooth Sertoma, Inc. - Special Event 6% - Fort Collins.

 

Motion carried 3-0.

 

5.   NATIONAL CHILD ABUSE PREVENTION MONTH PROCLAMATION:  Ms. Riley explained that the month of April is annually recognized as Child Abuse Prevention Month across the nation.  Ms. Mead reviewed the calendar of events and schedule of activities planned for the month of April to broaden public awareness of child abuse and neglect.  She noted that former Mayor Ray Martinez, who was orphaned as a child, would be the keynote speaker at the kickoff event on April 4, 2008.   Commissioner Rennels read the proclamation aloud.

 

M O T I O N

 

Commissioner Rennels moved that the Board of County Commissioners proclaim April 2008, as National Child Abuse Prevention Month.

 

Motion carried 3-0.

 

 

6.  ROCKY MOUNTAIN NATIONAL PARK UPDATE:  Vaughn Baker presented a slide show presentation and described highlights in the park, and some of the goals for the upcoming year.  Some highlights from last year include:  Acquiring “sister parks” in Poland, resurfacing of Trail Ridge Road, opening of a new Fire Operations Center and River District Storage building, finalization of the elk and vegetation management plan, Chronic Wasting Disease testing in elk, air quality control, expanded recycling in the park, and an update on the forest health regarding the pine beetle infestation.  Mr. Baker explained that this year they will be working on:  replacement of the Chasm Meadows Patrol Cabin, Alpine Visitor roof replacement, relocation of power lines, trail work and improvements, and new food services at the trail ridge store.  The Board thanked Mr. Baker for the update.

 

7.  NATIONAL ASSOCIATION OF COUNTIES (NACo) PRESCRIPTION DRUG DISCOUNT CARD PROGRAM:  Ms. Reed explained that the NACo has contracted with Caremark to provide a prescription discount card that member counties can offer their residents to help defray costs of prescription medicines.  Ms. Reed outlined the advantages noting that there is an average savings of 20% on prescriptions; however, the card can only be used if an individual’s prescription is not covered by insurance.  Ms. Snell explained how the cards would be distributed, and Ms. LaRue then explained the marketing strategies that will be used to inform county residents of the program.  The Board was very supportive of this program, especially Commissioner Rennels who promoted the implementation of the program for quite some time.

 

M O T I O N

 

Commissioner Rennels moved that the Board of County Commissioners approve implementing the National Association of Counties Prescription Drug Discount Program.

 

Motion carried 3-0.

 

03252008A006           AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND CAREMARK PCS HEALTH L.P. FOR THE MANAGED PHARMACY BENEFIT SERVICES CONSUMER CARD PROGRAM

 

8.  EXPANDED COVERAGE OF COUNTY MEDICAL BENEFITS:  Commissioner Eubanks explained that the county currently does not offer medical benefits for domestic partners and noted that this proposal would extend the county’s medical benefits to cover same sex couples in domestic relationships.  Ms. Reed explained that after conducting research on this topic, she discovered that the associated costs with implementing this program would be “cost neutral.”  (Meaning the county would not see a cost impact.)  Discussion ensued regarding common law marriages, and the fact that the State of Colorado does not recognize domestic partnerships.  Dave Morante, Vice President of People Services at McWhinney Inc., explained that they implemented this proposal a few years ago because it provides equal treatment for all employees, and as a result employees feel more valued, which has helped with their employee retention rate.  Mr. Lancaster noted that adopting the proposal would not be an endorsement of a particular lifestyle; it would be more of a reflection of today's society and would be non-discriminatory for county employees.  Commissioner Eubanks and Commissioner Rennels were in favor of the proposal; however, Chair Gibson stated that he could not support it until the State of Colorado recognizes domestic partnerships.

 

M O T I O N

 

Commissioner Eubanks moved that the Board of County Commissioners approve the expansion of County medical benefits to cover domestic partnerships.

 

Motion carried 2-1; Chair Gibson dissenting.

 

9.  GRANT EASEMENT TO PLATTE RIVER POWER AUTHORITY (PRPA) FOR UNDERGROUND ELECTRIC TRANSMISSION LINE ON LONGVIEW FARM OPEN SPACE:   Mr. White explained that the PRPA is upgrading facilities west and south of Fort Collins and plans to construct a 230kV underground electric transmission line along the west boundary of Longview Farm Open Space.  They have requested a 25-foot wide permanent easement and a 30-foot temporary construction easement.  Mr. White explained that the County would receive $15,000 for the two easements, and PRPA agrees to grant a trail easement on two parcels south of Longview.  Commissioner Eubanks asked if there has been any public comment on this proposal.   Mr. White stated the citizens expressed concerned until PRPA agreed to bury the transmission line; since that change was made there has been no public comment on the item.

 

M O T I O N

 

Commissioner Rennels moved that the Board of County Commissioners approve the Underground Transmission Easement and the Memorandum of Consideration with Platte River Power Authority.

 

Motion carried 3-0.

 

03252008A003           CONTRACT FOR UNDERGROUND TRANSMISSION EASEMENT BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND PLATTE RIVER POWER AUTHORITY

 

03252008A004           MEMORANDUM OF CONSIDERATION BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND PLATTE RIVER POWER AUTHORITY

 

10.  WORKSESSION:   Mr. Lancaster explained that he met with the Assessor Steve Miller, Donna Hart, and Gael Cookman to discuss revising the County Board of Equalization (CBOE) hearing process, based upon citizen and staff feedback.   Mr. Lancaster recommend that the hearing boards consist of two referees, who will rotate so as not to get too “comfortable” with each other or appraiser staff.  He explained that former county commissioners are eligible to serve as referees during CBOE, based on the assumption that they gain experience in this role during their tenure as a commissioner.  Mr. Lancaster suggested that the commissioners be scheduled to hear protests in order to obtain this experience.  The Board agreed with Mr. Lancaster’s suggestion and proposed changes for restructuring the referee boards.

 

Mr. Lancaster then handed a Motion for Continuance regarding the Club Osirus Liquor License Hearing scheduled for this afternoon; he noted that Assistant County Attorney Linda Connors would appear during legal matters to discuss the motion.

 

11.  COMMISSIONER REPORTS:  The Board reviewed their activities during the previous week.

 

12.  LEGAL MATTERS:  Mr. Timm and Ms. Haag requested guidance on setting up funding for the Rubbish Ordinance account.  Chair Gibson proposed considering this at the time the formal ordinance is adopted. 

 

Executive Session (affidavit provided).

 

M O T I O N

 

Commissioner Rennels moved that the Board of County Commissioners go into Executive Session regarding authorization to commence legal action on a zoning violation as outlined in 24-6-402(4)(b) C.R.S.

 

Motion carried 3-0.

 

The Executive Session ended and the following action was taken:

 

M O T I O N

 

Commissioner Eubanks moved that the Board of County Commissioners authorize the County Attorney's Office to take legal action against David and Beverly Rohs, for failure to obtain a permit for an addition to a single family residence.

 

Motion carried 3-0.

 

Executive session (affidavit provided).

 

M O T I O N

 

Commissioner Eubanks moved that the Board of County Commissioners go into Executive Session regarding a confidential personnel matter and to obtain legal advice, as outlined in 24-6-402(4)(b) C.R.S.

 

Motion carried 3-0.

 

 

The meeting recessed at 1:05 p.m., with no further action taken.

 

 

LIQUOR LICENSE HEARING

CLUB OSIRUS

(#188)

 

The Board of County Commissioners reconvened at 2:30 p.m. with Assistant County Attorney Linda Connors.  Chair Pro-Tem Eubanks presided and Commissioner Rennels was present.  Also present were:  Don Johnson, Attorney representing Larimer County; Adele Reester, Attorney representing the owner of Club Osirus; and Gael Cookman, Deputy Clerk.

 

Ms. Connors explained the purpose of the hearing was for the establishment owner, Forefront Ventures, LLC, to Show Cause why their  liquor license should not be suspended or revoked due to numerous incidents that have occurred since they have taken ownership of Club Osirus.  Ms. Conners noted for the record that she was in receipt of a Motion for Continuance, which was filed by Ms. Reester, and stated that the first order of business was for the Board to consider this Motion for Continuance. 

 

Ms. Reester explained that she was retained as counsel for her client as of last Thursday, March 20, 2008.  She further explained that she was handed a 3-inch thick binder of the allegations, and feels that four days to prepare a defense against these substantial allegations is simply not enough time.  Ms. Reester explained that her client had tried repeatedly to retain counsel within the Fort Collins area, but ultimately had to go outside of his own jurisdiction to obtain representation; therefore, she requested a 30-day continuance.

 

Mr. Johnson stated his opposition to the continuance, noting that the establishment owner was served on March 10, 2008, and that this matter was set for a quick hearing due to the nature of the allegations.   He explained that County officials could have imposed a Summary Suspension, which would have shut down the establishment immediately; however, they chose to expedite the hearing date.  Mr. Johnson stated that this is a matter of public health and safety and recommended against continuing the hearing to a later date.

 

Ms. Conners explained the Board’s options as follows:  Agreeing with the request for a 30-day continuance; continuing the hearing to a date less than 30-days; or imposing a Summary Suspension, which would force a hearing date within 15 days.

 

Commissioner Eubanks and Commissioner Rennels both agreed that the allegations are serious in nature and that counsel should be afforded adequate time to prepare a defense.  They agreed to a 15-day continuance, and put the establishment owner “on notice” that they would immediately impose a Summary Suspension during that 15-day period if any incidents occur that jeopardize public health and safety.

 

M O T I O N

 

Commissioner Rennels moved that the Board of County Commissioners continue the Show Cause Hearing for Club Osirus to Friday, April 18, 2008, at 1:30 p.m.

 

Motion carried 2-0.

 

 

 

__________________________________________

                        GLENN W. GIBSON, CHAIR

BOARD OF COMMISSIONERS

SCOTT DOYLE

CLERK AND RECORDER

 

ATTEST:

 

­­­______________________________________

Gael M. Cookman, Deputy Clerk

 

 

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