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MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

 

 

Monday, November 16, 2009

 

LAND USE HEARING

 

The Board of County Commissioners met at 3:00 p.m. with Matt Lafferty, Principal Planner. Chair Pro-Tem Johnson presided and Commissioner Donnelly was present. Also present were: Jeff Goodell and Toby Stauffer, Engineering Department; George Haas, Assistant County Attorney; and Melissa Lohry, Deputy Clerk.

 

Chair Pro-Tem Johnson opened the hearing 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 Pro-Tem Johnson explained that the following items were on the consent agenda and would not be discussed unless requested by the Board, staff, or members of the audience:

 

1.         HIAWATHA HEIGHTS LOTS 1 & 2 AMENDED PLAT AND WEIDEMAN LOT SIZE APPEAL, FILE #09-S2910 & FILE #09-G0180:   This is a request to amend the plat of Hiawatha Heights to adjust the lot lines of two lots to allow an addition to an existing structure. The request also includes a lot size appeal, as one of the lots will be decreased in size.

 

Staff has found that the proposed plat amendment to adjust the lot line between Lots 1 & 2 of the Amended Plat of Lot 22, Block 19 and Lot 1 of the Amended Plat of Lots 16- 22, Block 20 of Hiawatha Heights Subdivision, will not adversely affect any neighboring properties or any county agency; therefore, the request meets the requirements of the Larimer County Land Use Code.

 

Staff recommends approval of the Amended Plat of Hiawatha Heights Lots 1 & 2 of the Amended Plat of Lot 22, Block 19; and Lot 1 of the Amended Plat of Lots 16- 22, Block 20, file #09-S2910; and approval of the Weideman Lot Size Appeal, file #09-G0180, subject to the following conditions and authorization for the chairperson to sign the plat when the conditions are met and the plat is presented for signature:

 

1.         The final plat shall be recorded by April 16, 2010, or this approval shall be null and void.

 

2.         Prior to the recordation of the final plat, the applicant shall make the technical corrections requested by the Land Surveyor of the Larimer County Engineering Department.

 

3.         Prior to the recordation of the final plat, the applicant shall make the technical corrections requested by the Assessor’s Office.

 

2.         GLACIER VIEW MEADOWS 7TH FILING, LOTS 43A & 45 LOT CONSOLIDATION AND EASEMENT VACATION, FILE #09-S2911:   This is a request to combine two adjacent lots, Lots 43A and 45, Glacier View Meadows 7th Filing, into one lot and vacate the 20-foot utility easement along the common lot line. The applicants wish to consolidate the lots for the purpose of Home Owners’ Association dues and taxation.

 

Staff has found that the proposed lot consolidation of Lots 43A & 45 in Glacier View Meadows 7th Filing and 20-foot utility easement vacation will not adversely affect any neighboring properties or any county agency; therefore, the request meets the requirements of the Larimer County Land Use Code.

 

Staff recommends approval of the Lot Consolidation for Lots 43A & 45 in Glacier View Meadows 7th Filing, file #09-S2911, and the vacation of the 20-foot utility easement, subject to the following conditions:

 

1.         All conditions of approval shall be met and the final resolution of the County Commissioners recorded by May 16, 2010, or this approval shall be null and void.

 

2.         The resultant lot is subject to any and all covenants, deed restrictions or other conditions that apply to the original lots.

 

M O T I O N

 

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

 

Motion carried 2-0.

 

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

 

TUESDAY, NOVEMBER 17, 2009

 

ADMINISTRATIVE MATTERS

 

The Board of County Commissioners met at 9:00 a.m. with Neil Gluckman, Assistant County Manager. Chair Rennels presided and Commissioners Donnelly and Johnson were present. Also present were:  Donna Hart, Deni LaRue, and Diane Tokarz, Commissioners’ Office;  Doug Ryan, Environmental Health Department; Andy Paratore, Facilities & Information Technology Department;  Gary Buffington, Department of Natural Resources;  Russ Legg, Planning Department;  Major Justin Smith, Sheriff’s Office;  David Ayraud, Assistant County Attorney;  and Melissa Lohry, Deputy Clerk.

 

1.         PUBLIC COMMENT:  Evelyn King addressed the Board and requested they send a letter to the Air Quality Control Commission to request postponement of the 2010 implementation of the emissions testing program in Northern Colorado. She suggested the Board request the postponement until 2013 when the new Environmental Protection Agency Plan is announced.  Ms. King also voiced concern about the Larimer County Clerk charging for emissions testing beginning in January 2009, when the testing will not be available until June 2009.

 

Discussion ensued between the Board, Ms. King, and Mr. Ryan regarding the likelihood of postponement and/or boundary adjustment by the State of Colorado.

 

2.         APPROVAL OF THE MINUTES FOR THE WEEK OF NOVEMBER 9, 2009:

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners approve the minutes for the week of November 9, 2009.

 

Motion carried 3-0.

 

3.         REVIEW OF THE SCHEDULE FOR THE WEEKS OF NOVEMER 23 & 30, 2009 AND DECEMBER 7, 2009:  Ms. Hart reviewed the upcoming schedules with the Board.

 

4.         CONSENT AGENDA:

 

M O T I O N

 

Commissioner Johnson moved that the Board of County Commissioners approve the consent agenda for Tuesday, November 17, 2009.

 

ABATEMENTS:   As proposed by the County Assessor, the following Petitions for Abatement are presented for approval:  Jerald H. Russell. Also proposed by the County Assessor, the following Petitions for Abatement are presented for denial:  Carol P. Sabey; Faith Tjardes & Matthew Iwashko; JMC Real Estate LLC; 454 Lindsay LLC; Nancy L. Anstett-Blackburn; Scott Shonbeck & Michelle E. Shonbeck; Grace M. Bramwell Trust; and M View Inc. 

 

11172009A001           AGREEMENT FOR MUNICIPAL JAIL SERVICES BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS, THE CITY OF FORT COLLINS, AND THE CITY OF LOVELAND

 

11172009R001           FINDINGS AND RESOLUTION DENYING THE COLLEGE LAKE SUBSTATION 1041 APPEAL

 

11172009R002           RESOLUTION CORRECTING THE “RESOLUTION ADOPTING AMENDMENTS TO THE LARIMER COUNTY LAND USE CODE,” DATED APRIL 29, 2003 (RECEPTION NUMBER 20030052604)

 

LIQUOR LICENSES:  The following licenses were approved and issued:  Western Ridge Restaurant & Resort LLC – Hotel & Restaurant – Livermore.

 

Motion carried 3-0.

 

5.         2010 CAMPGROUND FEE INCREASE PROPOSAL :  Mr. Buffington presented the proposed campground fee increases for the upcoming year. He stated that the fees were last updated in 2008 and the proposed $5.00 increase for full hookup, electrical, and boat-in campsites is in keeping with increases scheduled for state parks in 2010.

 

M O T I O N

 

Commissioner Johnson moved that the Board of County Commissioners approve the proposed recommended campground fee increases for full hookup, electrical, and boat-in campsites in 2010.

 

Motion carried 3-0.

 

6.         RE-ACTIVIATION OF THE MIDDLE BALD MOUNTAIN RADIO SITE APPLICATION PROCESS WITH THE UNITED STATES FOREST SERVICE:   Major Smith and Mr. Paratore requested the Board re-activate the application process with the United States Forest Service for consideration of the Middle Bald Mountain radio site.

 

Commissioner Johnson asked Major Smith to detail the costs associated with re-activating the application. Major Smith stated there were no fees directly resulting from the re-activation, as the application fees had previously been paid to the United States Forest Service; however, if the county decided to move forward with the process, there would be numerous vendor and consultant fees associated with the project.  

 

Commissioner Johnson also questioned Major Smith and Mr. Paratore about their plan to inform citizens concerned about the proposed radio site and Mr. Paratore explained that concerned citizens can subscribe to an email list, which will be updated by Ms. LaRue. Subscribers will be notified of all actions and proposals related to this item.

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners approve the Technical Communications group, or FITD, to re-activate the application process for a public safety radio site on Middle Bald Mountain.

 

Motion carried 3-0.

 

7.         DISTRICTS AND BOARD APPOINTMENTS:   Ms. Tokarz presented the following appointments/reappointments to the General Improvement Districts (GID), Public Improvement Districts (PID), and the Retirement Board:

 

GID #2 Pinewood Springs Board:     Mary Caner appointed to a four-year term, beginning December 1, 2009, and expiring November 30, 2013; and Pat Little reappointed to a four-year term, beginning December 1, 2009, and expiring November 30, 2013.

 

GID #15 Skyview:      Jennifer Berger, appointed to a four-year term, beginning December 1, 2009, and expiring November 30, 2013.

 

GID #17 Country Meadows:  Bruce Davis, reappointed to a four-year term, beginning December 1, 2009, and expiring November 30, 2013.

 

GID #18 Venner Ranch:         Kenneth Lindeman, appointed to a four-year term, beginning December 1, 2009, and expiring November 30, 2013.

 

PID #19 Highland Hills:         John DiFalco, reappointed to a four-year term, beginning December 1, 2009, and expiring November 30, 2013.

 

PID #20 Ptarmigan:    Frederick Allen, appointed to a 2-year term, beginning December 1, 2009, and expiring November 30, 2011; and Mark Early, appointed to a four-year term, beginning December 1, 2009, and expiring November 30, 2013.

 

PID #27 Crown Point:            Roberta Cox, appointed to a 2-year term, beginning December 1, 2009, and expiring November 30, 2011.

 

PID #30 Poudre Overlook:     Jeff Ballweber, reappointed to a four-year term, beginning December 1, 2009, and expiring November 30, 2013.

 

PID #32 Charles Heights:       Kurt Oliver, reappointed to a four-year term, beginning December 1, 2009, and expiring November 30, 2013.

 

PID #35 Bruns:           Rainey Corbyn, reappointed to a four-year term, beginning December 1, 2009, and expiring November 30, 2013.

 

Retirement Board:      James Saulnier, appointed to a four-year term, beginning December 1, 2009, and expiring November 30, 2013.

 

Chair Rennels thanked Ms. Tokarz for all of her work on the above mentioned appointments and reappointments.

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners approve the appointments and reappointments to General Improvement Districts, Public Improvement Districts, and the Retirement Board, as listed above.

 

Motion carried 3-0.

 

8.         ASSISTANT COUNTY MANAGER WORKSESSION:   Mr. Gluckman had no items to discuss.

 

Ms. LaRue informed the Board that this item must be presented at a public hearing, which has been scheduled for Monday, November 23, 2009, at 6:30 p.m., to discuss the proposed fee increases.

 

M O T I O N

 

Commissioner Johnson moved that the Board of County Commissioners rescind the prior motion to approve the proposed recommended campground fee increases for full hookup, electrical, and boat-in campsites in 2010.

 

Motion carried 3-0.

 

M O T I O N

 

Commissioner Johnson again moved that the Board of County Commissioners approve the proposed recommended campground fee increases for full hookup, electrical, and boat-in campsites in 2010.

 

Motion failed 0-3, as formal motion will be taken at the public hearing on November 23, 2009.

 

M O T I O N

 

Commissioner Johnson moved that the Board of County Commissioners move to consider the proposed recommended campground fee increases for full hookup, electrical, and boat-in campsites in 2010, at a public hearing on Monday, November 23, 2009, at 6:30 p.m.

 

Motion carried 3-0.

 

Chair Rennels requested approval to address a letter on behalf of the Board to the Poudre School District in regards to their decision to close the Red Feather Lakes School. Chair Rennels explained that she would like to request the Poudre School District delay closing the school until the Red Feather Lakes community and the school district have a chance to find alternative solutions.

 

Commissioners Donnelly and Johnson approved of the idea and voiced their concern about the possible closure of the school.

 

9.         COMMISSIONER ACTIVITY REPORTS:  The Board detailed their attendance at events during the previous week.

 

10.       LEGAL MATTERS:  Mr. Ayraud requested the Board go into executive session for conferences with an attorney regarding specific legal questions.

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners go into Executive Session to for conferences with an attorney regarding specific legal questions, as outlined in 24-6-402(4)(b) C.R.S.

 

Motion carried 3-0.

 

There being no further items, the Board adjourned at 11:00 a.m.

 

 

 

 

 

 

__________________________________________

                        KATHAY RENNELS, CHAIR

BOARD OF COMMISSIONERS

 

 

SCOTT DOYLE

CLERK AND RECORDER

 

ATTEST:

 

 

­­­______________________________________

Melissa E. Lohry, Deputy Clerk

 

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