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> Meetings & Minutes > Commissioners' Minutes > BCC Minutes for 12/05/11  

MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

 

 

MONDAY, DECEMBER 5, 2011

 

LAND USE HEARING

 

The Board of County Commissioners met at 3:00 p.m. with Matt Lafferty, Principal Planner. Chair Donnelly presided and Commissioners Gaiter and Johnson were present. Also present were:  Jeff Goodell and Eric Tracy, Engineering Department; Doug Ryan, Environmental Health Department; Brenda Gimeson, Karin Madson, and Michael Whitley, Planning Department; Jeannine Haag, County Attorney’s Office; and Melissa Lohry, Deputy Clerk.

 

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

 

Chair Donnelly 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.         DEMMEL LAKE ESTATES RLUP, FILE #11-3055:   To divide approximately 84-acres into four (4) single-family residential lots and one residual lot. The residual lot will be protected from further development by a conservation mechanism for at least 40-years as required under the Rural Land Use Plan. The subject property is located in Section 31, Township 9 North, Range 68 West of the 6th Prime Meridian, generally located west of the Town of Wellington at the southwest corner of the intersection of County Roads 11 and 64. Under the property’s current O-Open zoning (1 home site per 10 acres), up to 8 homes could be built on the site, if approved through the County’s Conservation Development (CD) process.

 

The surrounding properties consist of a combination of residential dwelling units and farmland.  The proposed density of the Demmel Lake Estates RLUP project, one unit per 21.06-acres, appears to be compatible with the neighborhood. The applicants are hoping to divide the property and sell the lots in order to potentially place a pivot irrigation system on the property for irrigated farmland.

 

This property is approximately 84-acres total and is comprised of two parcels, one owned by Demmel Lake Project, LLC, and the other by Fred and Karen Ziegler. The property consists of 81.79-acres of farmland and an existing residence on a 2.44-acre parcel. This 2.44-acre parcel was divided off in a manner not consistent with the Larimer County Land Use Code or state statutes, so this small parcel is considered an illegal lot. The applicants are including it in the Rural Land Plan proposal to make it a legal lot. 

 

The proposal for the Demmel Lake Estates Preliminary Rural Land Plan is to divide the land into four single family residential lots (Lots 1-4) and one Residual Lot (Residual Lot A). The property consists of one existing home-site (Lot 1) and the applicants are proposing three additional home-sites (Lots 2-4), which will range in size from 2.44 to 5-acres. The residual land will be protected from further development for a minimum of 40 years, by a conservation mechanism, as required under the RLUP. In addition, a new building envelope on the northern end of Residual Lot A will be included on the final plat for future accessory buildings to preserve the long-time viability of the agricultural use; however, Residual Lot A will not be allowed any residences. The owners of the residual land parcels will be responsible for maintaining the residual land and for providing a periodic monitoring report(s) to the county. 

 

Each lot within the proposed development will directly access one of the County Roads—Lot 4 will access County Road 64 and Lots 1-3 will access County Road 11. All driveways within the development will be constructed to Rural Land Use standards per Section 5.8.6 of the Larimer County Land Use Code and will be required to obtain an access permit from the Larimer County Engineering Department. Water for Lots 1 and 2 will be provided by on-lot wells and, depending on the availability of water from the Northern Colorado Water District, water to Lots 3 and 4 could potentially receive a public water supply; however, if water taps are not available, Lots 3 and 4 will also receive water by on-lot wells. Each lot will have its own septic system. 

 

A neighborhood meeting was held on August 31, 2011, at the Leeper Center in Wellington.    Approximately 6 area residents attended but no new information was provided at the meeting and no major technical concerns were voiced about the project. The main concerns were about the water and how it would be provided to the proposed pivot. One attendee expressed a strong preference for relocating Lot 4 further east, closer to Lots 1-3.  This placement would inhibit the placement of a center pivot irrigation system in the future. 

 

Representatives from the County Engineering Department, County Health and Environment Department, and Rural Land Use Advisory Board have visited the site and have consulted with the Rural Land Use Center during the conceptual design phase.

 

Staff recommends that the Board of County Commissioners approve the Demmel Lake Estates Rural Land Plan.  The following contingencies must be met prior to approval of final plat by the Board of County Commissioners:

 

1.    The final plat shall be consistent with the approved preliminary plan and with the information contained in the Demmel Lake Estates Rural Land Plan (file #11-S3055) 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 Demmel Lake Estates Rural Land Plan.

 

2.    All roads/driveways will access the County Roads directly and shall be in accordance with Section 5.8.6.D of the Rural Land Use Process. The access points must meet the spacing criteria in Table 10-1 of the country rural area road standards. To meet these standards, the access for lot 3 must be at the southern limit of lot 3 and the access for lots 1, 2 and 3 shall be at least 100-feet apart. In addition, the access points will need to be located to maximize sight distance for the entering driver and additional access requirements, such as a culvert or paved apron, may be required. Applicant must obtain an access permit from the Larimer County Access Coordinator prior to commencing any construction on the project.  Before designing access points, the applicant must contact the Larimer County Access Coordinator to discuss access design requirements. The applicant shall comply with all such design requirements.

 

3.    The owners shall dedicate additional right-of-way for a 50-foot half right-of-way along Larimer County Road 64 and a 40-foot half right-of-way along Larimer County Road 11. This dedication shall be shown on the final plat. Road names and addressing shall meet standards in the “Road Naming and Site Addressing System Resolution.” 

 

4.    On-lot wells will be provided for Lots 1 and 2 and public water shall be provided for Lots 3 and 4, if available. A letter of commitment from the water provider must be provided prior to final plat approval. This letter of commitment must specifically state that the water distribution system is (or will be) designed to meet the normal and minimum pressure design standards contained in Section 8.1.2.A.1 of the Land Use Code or more stringent standards as required by the district. If the water system will be designed to provide fire protection, the letter of commitment also must address the pressure and delivery standards outlined in Section 8.1.4 of the Land Use Code. If a letter of commitment cannot be provided or if the outcome of a decreed water augmentation plan for the water district is denied and water becomes unavailable, Lots 3 and 4 shall be allowed on-lot wells and this condition shall be noted in the Development Agreement.

 

5.    The applicant shall enter into a binding fence removal agreement with the county which, at the request of the county, shall obligate the owners to remove, at their expense, the existing fences in the dedicated half right-of-way. No new fences or buildings shall be allowed in the half right-of-way; however, repair and maintenance of existing fences shall be allowed. The fence removal agreement shall be reviewed and approved by the County Attorney. 

 

6.    The applicant must provide a storm water management report to the Rural Land Use Center prior to commencing any construction on the project. Before designing stormwater drainage facilities, applicant and applicant's engineer must contact the Larimer County Engineering Environmental Specialist to discuss stormwater management design requirements. The applicant shall comply with all such design requirements. The applicant's plans must be prepared and stamped by a qualified professional engineer licensed in the State of Colorado and certified that they meet the stormwater management design requirements.

 

7.    If building envelopes are placed on the lots at final plat, all building envelopes shall be located outside the drainage areas, shall not interfere with existing drainage patterns, and shall meet minimum setback requirements listed in the Larimer County Land Use Code. 

 

8.    The residual land protective covenant and use plans must be reviewed and approved by the County Attorney and the Rural Land Use Center Director prior to final plat approval. 

 

9.    If restrictive covenants, small acreage management, architectural guidelines, or other related documents are prepared, these must be reviewed and approved by the Rural Land Use Center Director prior to final plat approval.

 

10.   The final development agreement must be reviewed and approved by the County Attorney prior to final plat approval.

 

11.   A Lot Sale Prohibition shall be placed on Lots 3 and 4 preventing the sale of these lots until the applicable improvements (i.e., water supply) have been completed and/or installed according to the project requirements. The lots cannot be sold, transferred or conveyed unless and until the developer provides written designation stating whether the improvements have been completed for the lot proposed to be sold, transferred, or conveyed. The Lot Sale Prohibition will be recorded in the records of the Larimer County Clerk and Recorder and will be a covenant running with the lots. Upon receipt of such written designation, the county will provide to the developers a release of the Lot Sale Prohibition for the particular lot(s) for which the improvements have been completed. 

 

12.    A note shall be added to the final plat, disclosure statement, and Development Agreement that the property is subject to the severed mineral interests that are owned by Anadarko E&P Company LP and Anadarko Land Corp. The Conceptual Plan and Final Rural Land Plan within the Larimer County Rural Land Use Plan and the subsequent development of the property in accordance with the plans do not impact the mineral rights owned by the Anadarko entities, or the ability of the Anadarko entities or their lessees, successors or assigns, to develop the minerals.

 

13.       The following must be listed in a disclosure statement, approved by the County Attorney, available to lot buyers through the public records at the time of purchase:

 

a.         LOT SALE PROHIBITION.  Developers have executed a Lot Sale Prohibition Agreement which stipulates that Lots 3 and 4 cannot be sold, transferred or conveyed unless and until the developers provide to the county a written designation stating that all the applicable improvements (i.e., public utilities, including but not limited to water supply) have been completed and/or installed according to the project requirements. The lots cannot be sold, transferred or conveyed unless and until the developer provides written designation stating whether the improvements have been completed for the lot proposed to be sold, transferred or conveyed. The Lot Sale Prohibition is recorded in the records of the Larimer County Clerk and Recorder and is a covenant running with the Lots. Upon receipt of such written designation, the county will provide to the developer a release of the Lot Sale Prohibition for particular lot(s) for which the improvements have been completed. 

 

b.         The property is subject to the severed mineral interests that are owned by Anadarko E&P Company LP and Anadarko Land Corp. The Conceptual Plan and Final Rural Land Plan within the Larimer County Rural Land Use Plan and the subsequent development of the property in accordance with the plans do not impact the mineral rights owned by the Anadarko entities, or the ability of the Anadarko entities or their lessees, successors or assigns, to develop the minerals.

 

c.         Passive radon mitigation measures shall be included in the construction of structures designed for habitable space on these lots. The results of a radon detection test conducted in new dwellings once the structure is enclosed but prior to issuance of a certificate of occupancy shall be submitted to the Building Department. As an alternative, a builder may present a prepaid receipt from a radon tester which specifies that a test will be done within 30 days. A permanent certificate of occupancy can be issued when the prepaid receipt is submitted.

 

d.         Some or all lots in this development may include building envelopes. All structures must be located within these county approved building envelopes, as shown on the approved plan. If a structure within the building envelope is located 5-feet or less from the boundary of the building envelope, the owner/applicant for a building permit will be required to demonstrate that the structure(s) is located within the building envelope prior to the approval of the footing and foundation inspection.  This shall be accomplished by a written certification by a Colorado Licensed Surveyor.

 

e.         All structures and septic systems must be located within the building envelopes on any Residual Lots.

 

f.          Engineered footings and foundations may be required for new habitable construction. Please check with the Larimer County Building Department for requirements prior to submitting a building permit application.

 

g.         Lot owners should be advised that there is a potential for nuisance conflicts from wildlife (such as skunks, mountain lions, bears, raccoons, foxes, coyotes, prairie dogs, and snakes). The Colorado Division of Wildlife can provide information to property owners about how to handle these situations, but lot owners are responsible for addressing wildlife conflicts if they arise.

 

h.         Many other species of wildlife live in the area; some can be dangerous to humans and pets. It must be remembered that landowners will be living with wildlife. Species that may be found in the area are coyotes, mountain lions, bobcats, skunks, badgers, raccoons, deer, elk, hawks, owls, and eagles.

 

i.          Pets must be contained on property, either by leash or enclosure.

 

j.          During certain times of the year, mosquitoes may present a significant nuisance. Larimer County does not have a mosquito abatement program.  Any mosquito abatement activity will be the responsibility of the homeowner; such activity must be according to applicable federal, state, and local rules and regulations.

 

k.         Prairie dog colonies exist in the general area; prairie dogs can be a nuisance if they migrate to developed residential property. At times these animals are implicated in the transmission of plague to people or their pets. It is important for residents to observe animal control requirements for dogs and cats.

 

l.          Agricultural operations and farming practices on adjacent properties can produce odors, noise, and dust. These are a normal part of agriculture and should be expected to occur. In addition, plowing, planting, cultivating, spraying, harvesting, and various livestock operations may be carried out at all times including nighttime.

 

m.        If livestock will be kept on these lots, it will be important to carefully manage grazing in order to maintain grass cover in the pasture.  Overgrazing will produce bare ground, weeds, erosion, and polluted runoff. Management of these lots should be coordinated with drainage and erosion control issues, siting of sanitation systems, fencing, and feeding.

 

n.         Larimer County has adopted a Right to Farm Resolution.

 

o.         The following fees shall be collected at building permit issuance for new single-family dwellings: Poudre R-1school fees, Larimer County fees for County and Regional Transportation Capital Expansion, Larimer County Park Fees (in lieu of dedication), Drainage Fees and Rural Land Use Process fees. The fee amount that is current at time of building permit application shall apply.

 

p.         At time of real estate closing, the owner shall provide purchasers of residential lots and Residual Lot(s) A with the Code of the West, a County document which addresses differences between urban and rural living in Larimer County.

 

q.         The owners of the residual land parcel shall be responsible for providing, at the request of the Director, a periodic monitoring report for the residual land to Larimer County Rural Land Use Center.

 

r.          Lots in this Rural Land Plan are subject to the conditions and requirements of a Development Agreement. The developer and Larimer County executed this agreement in consideration of the approval of this development. This agreement was recorded in the Larimer County Clerk’s and Recorder’s office immediately after this plat. All purchasers should obtain and read the Development Agreement.

 

2.         MORNING STAR FARM RLUP, LOTS 2-4, AMENDED PLAT & EASEMENT VACATION, FILE #11-S3075:   This is a request to remove the building envelopes on Lots 2, 3, and 4 of the Morning Star Farm Rural Land Use Plan and vacate the existing 50-foot ditch easement within the boundary lines of Lot 4. The easement was previously platted to provide irrigation water to Lot 4 through a lateral ditch off of the main Harry Lateral Irrigation Ditch; however, this irrigation easement is no longer needed as the owner of Lot 4 has no irrigation water rights. Irrigation water delivered to Lot 4 from the Harry Lateral can still be delivered in the future through existing platted easements if needed. The homes on Lots 2 and 4 were built in 2000. The property owners of Lot 4 are planning for the construction of a new barn to be located south of the existing residence and would like to place it in a location that would be outside the building envelope. In reviewing the previous files, there appears to be no technical reason for the placement of the building envelopes, so the applicant and owners are requesting the building envelopes be removed so they may utilize their entire lot area. 

 

The lot lines will remain the same and the existing access point will remain unchanged. All covenants, deed restrictions and other conditions which applied to the original Rural Land Use Plan will continue to apply. This proposal meets the review criteria and there will be no changes to the historic drainage resulting from this change.

 

Staff recommends approval of the Morning Star Farm RLUP Amended Plat, Lots 2, 3, and 4, and Easement Vacation, file #11-S3075, subject to the following condition and authorization for the chair to sign the plat when the conditions are met and the plat is presented for signature:

 

1.    All conditions of approval shall be met and the final plat recorded by June 5, 2012, or this approval shall be null and void.

 

 

3.         PAPPAS APPEAL, FILE #11-PSP0024:   This is a request for an appeal to Section 4.3.10.H.2.c of the Land Use Code, which limits the size of a detached accessory living area to 40-percent of the square footage of the single-family dwelling or 800-square-feet, whichever is less.

 

The property contains an existing principal single-family residence and an existing detached accessory living area, both constructed in 1980. The building permit issued for the detached accessory living area indicated that the building would be a shed but it has been used as guest quarters since its construction; however, a certificate of occupancy was never issued. The detached living area includes one bathroom, two bedrooms, and a wood stove.

 

The principal home is 1,344-square-feet. The proposed detached accessory living area is 900-square-feet, which exceeds the size limitation of 40-percent of the size of the principal dwelling (1,344 x 40% = 537.6-square-feet) and also exceeds the maximum size limit of 800-square-feet for a detached accessory living area.

 

The Planning Director approved a Public Site Plan Resolution for the detached accessory living area on October 26, 2011, and one of the conditions of approval of the Public Site Plan Resolution is that an appeal must be granted by the Board of County Commissioners if the size of the accessory living area exceeds 537.6-square-feet.

 

Staff recommends approval of the Pappas Appeal, file #11-PSP0024.

 

4.         HOME STATE MINOR LAND DIVISION, FILE #11-S3073:   This is a request for approval of a Minor Land Division on approximately 19.52-acres on the southeast corner of County Road 18 and County Road 3E. The property contains one single-family home and a number of accessory outbuildings. The existing home and outbuildings would be on the proposed Lot 1 with the balance of the property within the proposed Lot 2. Development would not be allowed on Lot 2 until an appropriate subdivision process is approved by the Board of County Commissioners.

 

The property is served by the Little Thompson Water District and utilizes an on-lot septic system. The property is zoned FA-Farming which requires a minimum lot size of 2.3-acres (100,000 square feet) when a well or septic system is utilized.

 

The Minor Land Division plat would require the dedication of an additional right-of-way along the northern and western property lines to accommodate future improvements to County Road 18 to the north and County Road 3E to the west. 

 

Currently, the proposed size of Lot 1 is 2.32-acres and the size of Lot 2 is proposed to be 15.86-acres. The lot sizes on the final plat will likely be different as the Engineering Department has asked that more right-of-way be dedicated.

 

Staff recommends approval of the Home State Minor Land Division, file #11-S3073, subject to the following conditions and authorization for the chair to sign the plat when the conditions are met and the plat is presented for signature:

1.         All conditions of approval shall be met and the Final Plat recorded by June 5, 2012, or this approval shall be null and void.

 

2.         The following fees shall be collected at building permit issuance for new single family dwellings:  Thompson R2-J school fee, fees for county and regional Transportation Capital Expansion and Larimer County Regional Park Fee (in lieu of dedication).  The fee amount that is current at the time of building permit application shall apply. 

 

3.         Prior to the recordation of the Final Plat, the applicant shall make the technical corrections required by Dale Greer, Land Surveyor of the Larimer County Engineering Department and the plat modifications required by Eric Tracy, Civil Engineer II of the Larimer County Engineering Department.

 

4.         The access onto County Road 18 shall be abandoned and seeded within 120-days of the signing of the Findings and Resolution approving the Minor Land Division.

 

M O T I O N

 

Commissioner Gaiter moved that the Board of County Commissioners approve the consent agenda as listed above.

 

Motion carried 3-0.

 

5.         DEJESUS EXEMPTION PARCEL A AMENDED PLAT CHANGE OF PLAT NOTE / CONDITION, FILE #11-S3076:  This is a request for approval of an amended plat to remove the “residential use only” condition/plat note on Parcel A of the DeJesus Exemption (files #94-81 & #S37-86).

 

Parcel A of the DeJesus Exemption was created in 1981 (file #94-81). The plat for this exemption was approved by the Board of Commissioners, with conditions, on Monday, August 31, 1981. The agenda noted: “this request conforms to all requirements of the Exemption Regulations except the following: Exemptions will not be considered for uses other than single family residences, installation of public utilities, and agricultural uses.” The agenda also stated that “Parcel A contains a wood structure without sewer and water, which is used to sell curios in the summer.” The plat notes “Parcel A is to be retained for residential use by the owners.”   

 

The exemption plat was amended in 1986 so that the commercial operation (adjacent Drake Stage Stop Restaurant property) could be sold separately. According to the staff report, “field investigation at the time of application revealed a small amusement operation (steam train rides) was located on Tract A. The applicants (Joseph and Jerry Shaffer) were informed that the commercial use was contrary to the conditions of the exemption approval and the Larimer County Zoning regulations. The applicants have now removed that operation” The approved amended exemption plat again included the note that Parcel A was for “residential use only.”  The recorded plat shows 3 structures including a residence, the well house, and an unidentified structure (wood structure noted above). 

 

This current request indicates that the property owner’s are attempting to plan for the future use of their property. One option is to seek approval to legalize a campground that was recently closed by court order. Another option is to divide the property into multiple parcels with different uses on each parcel such as the residential uses on some parcels and commercial uses on others. The applicant has requested the “residential use only” condition and plat note be removed from the parcel. 

 

Staff has found that a change to the plat note/condition would not be consistent with the original conditions of approval for the DeJesus Exemption. The condition was placed on the exemption approval in response to the requirements in place at the time limiting the use to residential. Additionally, the conditions attempted to address physical characteristics of the property, such as the floodplain and steep slopes that limit the use of significant portions of this property.  

 

In staff’s opinion it is ill-advised to remove the “residential only” condition of approval, because of the significant physical constraints associated with development of the property. While there may be adequate space on the north side property to create a lot for an additional residence, the number and compounding impact of multiple issues associated with developing the property for higher intensity uses, such as commercial uses, are even more extensive, including flood plain special review (for the area previously used as a campground or a bridge to cross the river), steep slopes on the northern portion of the property, the provision of an adequate water source which would likely include an augmentation plan (beyond the current residential well), and required setbacks from State Highway 34 and County Road 43. The cost to resolve these issues may be prohibitive, with no guaranteed outcome. Removing the “residential use only” plat note may imply that these issues are not significant constraints or that they can be easily mitigated. If, in the future, the applicant, or a future property owner should choose to expend the time and money to successfully mitigate these issues, staff would certainly be willing to revisit the idea of removing this condition. 

 

Staff recommends denial of the DeJesus Amended Plat Change of Plat Note/Condition, file #11-S3076.

 

Chair Donnelly opened the hearing to the applicants. Jeff and Lori Shaffer each addressed the Board to request that the plat note restricting residential use on the property be removed so that they may file a Special Review application for camping on the property. Ms. Shaffer stated that the property had been in use since 1983 as a commercial campground; however, camping use was ceased due to a court case which found the use to be illegal.

 

Shirley Miller, Jackie Cassidy, and Alden Johnson, addressed the Board in favor of the requested plat note removal.

 

Chair Donnelly closed the hearing to public comment and opened commissioner discussion.

 

Commissioner Johnson clarified that the decision made by the Board at this time would only pertain to the plat note. Any further changes in the use of the property would be subject to special review and, possibly, flood plane special review. Furthermore, due to the community’s demonstration of the expected commercial use, he was in favor of removing the note.

 

Commissioner Gaiter echoed Commissioner Johnson’s sentiments.

 

Chair Donnelly asked Ms. Haag if the property’s history of use could be taken into consideration when determining its possible commercial uses. Ms. Haag stated that the plat note renders all previous (illegal) uses irrelevant.        

 

M O T I O N

 

Commissioner Johnson moved that the Board of County Commissioners approve the DeJesus Amended Plat Change of Plat Note/Condition, file #11-S3076.

 

Motion carried 3-0.

 

There being no further items, the Board adjourned at 3:30 p.m.

 

TUESDAY, DECEMBER 6, 2011

 

ADMINISTRATIVE MATTERS

 

The Board of County Commissioners met at 9:00 a.m. with Frank Lancaster, County Manager. Chair Donnelly presided and Commissioners Gaiter and Johnson were present. Also present were:  Donna Hart and Deni LaRue, Commissioners’ Office; Charlie Johnson, Engineering Department; David Bragg and Michael Kirk, Facilities and Information Technology Department; Gary Buffington, Natural Resources Department; Marc Egemoen, Public Works Department; Steve Bebell, Sheriff’s Office; George Haas, Jeannine Haag, William Ressue, and David Ayraud, County Attorney’s Office; and Melissa Lohry, Deputy Clerk.

 

1.         PUBLIC COMMENT:  Darlene Banderet and Mike Savage addressed the Board to request resolution to problems regarding access on County Road 6.

 

Eric Sutherland requested the Board demand funds from the Fort Collins Utility provider in regards to the “Sheriff’s Administration Office Change Order #2 for a Backup Generator.” Mr. Sutherland argued that the utility company should either provide a reliable stream of power or they should pay for necessary but redundant machinery to ensure vital customers, such as the Sheriff’s Office, maintain power.

 

Cheryl Distaso, from the Fort Collins Community Action Network, addressed the Board to discuss the ongoing tribulations faced by residents of the Bender Mobile Home Park.

 

2.         APPROVAL OF THE MINUTES FOR THE WEEKS OF NOVEMBER 21 & 28, 2011:

 

M O T I O N

 

Commissioner Gaiter moved that the Board of County Commissioners approve the minutes for the weeks of November 21 & 28, 2011.

 

Motion carried 3-0.

 

3.         REVIEW OF THE SCHEDULE FOR THE WEEK OF DECEMBER 12, 2011:  Ms. Hart reviewed the upcoming schedule 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 as it appears below:

 

12062011A001           AMENDMENT V TO AGREEMENT FOR MEDICAL SERVICES AT THE LARIMER COUNTY DETENTION CENTER BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND CORRECTIONAL HEALTH CARE MANAGEMENT, INC

 

12062011A002           LAND USE AGREEMENT – BARGAIN STORAGE AMENDED SITE PLAN 11-SP0280 BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND BOB EASON, OWNER OF BARGAIN STORAGE – LOVELAND, LLC

 

12062011A003           AMENDMENT #3 TO CDBG CONTRACT CMS #00956 ENCUMBRANCE #H0CDB08066G LARIMER HOME IMPROVEMENT PROGRAM BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE STATE OF COLORADO, DEPARTMENT OF LOCAL AFFAIRS, DIVISION OF HOUSING

 

12062011A004           INTERGOVERNMENTAL AGREEMENT BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE LARIMER EMERGENCY TELEPHONE AUTHORITY (LETA)

 

12062011R002           FINDINGS AND RESOLUTION APPROVING THE HUANG PLD/PD FINAL PLAT TIME EXTENSION

 

12062011R003           FINDINGS AND RESOLUTION APPROVING THE AMENDED RAMONA HEIGHTS SUBDIVISION PLAT OF LOTS 2B, 3A, AND A PORTION OF LOTS 1A, 2A, 19A, AND 19B, BLOCK 14

 

12062011R004           FINDINGS AND RESOLUTION APPROVING THE CORRECTION TO THE TOWN OF BELLVUE, LOT 2 AMENDED PLAT (INCORRECTLY TITLED AS, “TOWN OF BELLVUE LOT 1 AMENDED PLAT”)

 

12062011R005           FINDINGS AND RESOLUTION APPROVING THE AMENDED PLAT OF LOTS 1 AND 2 IN THE SADDLE RIDGE SUBDIVISION

 

12062011R006           FINDINGS AND RESOLUTION APPROVING THE CONSOLIDATION OF LOTS 11 & 12 IN BLOCK 1 OF THE CARTER LAKE VALLEY SUBDIVISION

 

12062011R007           FINDINGS AND RESOLUTION APPROVING THE VACATION OF A PARTIAL FISHING EASEMENT ON LOT 62, CRYSTAL LAKES 4TH FILING

 

12062011R008           FINDINGS AND RESOLUTION APPROVING THE AMENDED PLAT OF TRACT B OF THE JOHN WILLOX EXEMPTION AND THE BIVENS BOUNDARY LINE ADJUSTMENT

 

12062011R009           FINDINGS AND RESOLUTION APPROVING THE AMENDED PLAT OF LOT 2 IN SHILO FALLS SUBDIVISION

 

12062011R010           FINDINGS AND RESOLUTION APPROVING THE MAXEY SIGN APPEAL

 

12062011R011           FINDINGS AND RESOLUTION APPROVING THE AMENDED PLAT OF LOT 2 & 3 IN THE NIEBER EXEMPTION

 

12062011R012           FINDINGS AND RESOLUTION APPROVING AMENDMENTS TO THE ESTES VALLEY DEVELOPMENT CODE REGARDING RELIGIOUS LAND USE AND INSTITUTIONALIZED PERSONS ACT

 

MISCELLANEOUS:   Recommendation for Appointment of Edward Sharrar to PID #36, Bonnell West; Recommendation for Appointment of William Jacquot to PID #36, Bonnell West; Recommendation for Appointment of Steve Davision to PID #36, Bonnell West; Fiscal Year 2010/Fiscal Year 2011 WIA UI Claimant Initiative; Program Year 11 Performance Incentive Funds; and Disclaimer of Interest – Lone Tree Energy.

 

LIQUOR LICENSES:  The following licenses were approved and issued:  Archer & Archer LLC, doing business as Poudre Spirits & Wine – Retail Liquor Store – Bellvue; Gary Mansfield, doing business as River Song Bed & Breakfast – Bed and Breakfast 6% – Estes Park; CSU Concessions/Stadium, doing business as Ovations Food Services LP – 3.2% – Fort Collins; CSU Concessions/Stadium, doing business as Ovations Food Services LP – Hotel & Restaurant – Fort Collins.

 

Motion carried 3-0.

 

5.         2012 ANNUAL PARKS PASS CELEBRATING LARIMER COUNTY’S 150TH YEAR ANNIVERSARY:  Mr. Buffington presented the proposed 2012 Annual Parks Pass, designed with Larimer County’s 150th Anniversary logo. Mr. Buffington noted that the proposed pass is the first one to feature the county logo.

 

The Commissioners commended Mr. Buffington on the pass design and his work for the Natural Resources Department.

 

M O T I O N

 

Commissioner Gaiter moved that the Board approve the 2012 Annual Pass in commemoration of the 150th Anniversary of Larimer County.

 

Motion carried 3-0.

 

6.         SHERIFF’S ADMINISTRATION OFFICE CHANGE ORDER #2 FOR BACKUP GENERATOR:  Lt. Bebell, Mr. Kirk, and Mr. Bragg addressed the Board to request an additional $8,452 to the 2012 budget for equipment and updates to the Sheriff Administration Office.

 

Discussion ensued between the Board, Lt. Bebell, and Mr. Kirk regarding the reliability of the proposed system to ensure circumstances similar to this summer’s power outage will not interrupt vital functions. Mr. Kirk also assured the Board that he would address many of the issues brought forth by Mr. Sutherland, during public comment, with the City of Fort Collins.

 

M O T I O N

 

Commissioner Johnson moved that the Board approve the Sheriff’s Administration Office Change Order #2 for a backup generator.

 

Motion carried 3-0.

 

7.         ESTES PARK LOCAL MARKETING DISTRICT 2012 OPERATING PLAN :  Mr. Lancaster explained that each year, the Board must approve the proposed operating plan for the Estes Park Local Marketing District. He further noted that the proposed operating plan was previously presented to the Board on November 15, 2011.

 

Commissioner Johnson requested that next year, the Estes Park Local Marketing District formally present their proposed operating plan to the Board.

 

M O T I O N

 

Commissioner Gaiter moved that the Board of County Commissioners approve the Resolution to adopt the Estes Park Local Marketing District 2012 Operating Plan as presented on November 15, 2011.

 

Motion carried 3-0.

 

12062011R001           RESOLUTION ADOPTING THE ESTES PARK LOCAL MARKETING DISTRICT 2012 OPERATING PLAN

 

8.         COUNTY MANAGER WORKSESSION:  Mr. Lancaster presented a request from the City of Fort Collins to waive landfill fees for items related to the clean-up of the Bender Mobile Home Park.

 

Much discussion ensued between the Board, Mr. Lancaster, and Mr. Engemoen in regards to the nature of the request and the entity which would benefit from approval of the request. The Board directed Mr. Lancaster to request additional information from the City of Fort Collins.

 

9.         COMMISSIONER ACTIVITY REPORTS:  The Board noted their attendance at events during the previous two weeks.

 

10.       LEGAL MATTERS:  Mr. Hass requested the Board go into executive session to discuss the Court of Appeals decision in regards to County Road 6 and the status of mediation for the Larimer County Fairgrounds.

 

M O T I O N        

 

Commissioner Johnson moved that the Board of County Commissioners go into executive session for conferences with an attorney for the purpose of receiving legal advice on specific legal questions, as outlined in 24-6-402 (4)(b) C.R.S.

 

Motion carried 3-0.

 

The Board adjourned at 12:00 p.m., with no further action taken.

 

WEDNESDAY, DECEMBER 7, 2011

 

PUBLIC HEARING

 

The Board of County Commissioners met at 6:30 p.m. with Gary Buffington, Natural Resources Department Director. Chair Donnelly presided and Commissioners Gaiter and Johnson were present. Also present were:  Frank Lancaster, Commissioners’ Office; Chris Fleming, Department of Natural Resources; and Melissa Lohry, Deputy Clerk.

 

1.         HERMIT PARK CAMPSITE FEE INCREASE:  This is a request for approval of a $4 per night increase for the 83 campsites that accommodate tent and recreational vehicles at Hermit Park Open Space. The proposed increase would result in an additional $18,000 per year.

 

Mr. Buffington reviewed Hermit Park’s background and history with the Board, explained that the park is currently 57% self-sufficient, and noted that the proposed increase would aid in the park reaching the department’s 60-65% self-sufficiency goal.

 

Ms. Fleming explained that private campgrounds near Hermit Park average nearly $51 per night for up to two people, while Hermit Park currently allows up to 8 people at each site for only $20. Ms. Fleming also noted that in recent years, the county has invested $740,000 into the park for upgrades.

 

Commissioner Johnson asked Mr. Buffington if the fee increase had been approved by the Parks Advisory Board and Mr. Buffington stated that due to Hermit Park’s status as an open lands area, the fee was approved by the Open Lands Advisory Board.

 

Chair Donnelly noted there was no public present to comment on the proposed fee increase.

 

M O T I O N

 

Commissioner Johnson moved that the Board of County Commissioners approve the proposed Hermit Park Campsite Fee Increase beginning January 1, 2012.

 

Motion carried 3-0.

 

There being no further business, the Board adjourned at 6:45 p.m.

 

 

 

 

 

__________________________________________

   TOM DONNELLY, 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.