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MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

 

 

Monday, September 17, 2012

 

LAND USE HEARING

 

The Board of County Commissioners met at 3:00 p.m. with Matt Lafferty, Principal Planner. Chair Gaiter presided and Commissioners Donnelly and Johnson were present. Also present were:  Chad Gray, Code Compliance Department; Bill Ressue, County Attorney’s Office; and Gael Cookman, Deputy Clerk.

 

Chair Gaiter opened the hearing with the Pledge of Allegiance.

 

1.         LAWSON CODE COMPLIANCE, FILE #12-CC0171:    This is an alleged violation of Section 4.1.5 O-Open of the Larimer County Land Use Code by using his residential property to store junk/debris outdoors which is not an allowed use in the O-Open zoning district.   This property is located on Rist Canyon Road approximately ½ mile west of Vern’s Restaurant and just west of the North County Road 23E intersection.

 

Notice of this public meeting was mailed certified and regular mail to the owner of the subject property as well as by regular mail to all adjacent property owners.

 

On July 2, 2012, Code Compliance received another complaint about the property owner’s brother, Don Lawson, bringing more junk and debris onto the property. Stopped at the property and verified a violation of the Land Use Code existed and took photos. This is the third zoning violation file opened up in the last three years. The previous two zoning violation files were similar to the latest complaint. Code Compliance has received complaints about Don Lawson constructing additions onto his outbuildings without permits, dismantling recreational vehicles, renting out RV spaces, and allowing people to sleep in the outbuildings.  Each time the property gets out of compliance over a short period of time it takes weeks to months for the property to get back into compliance.

 

Adjacent property owners have raised concerns about impacts on their quality of life from the visual impacts caused by this property. 

 

Staff findings are as follows:

1.   The property is zoned O-Open.

 

2.   Using the property to store junk and debris outside or similar to a transfer station is not an allowed use in the Open Zoning district.

 

3.   A Special Exception would not be an option since the property is within the LaPorte Plan Area.

 

Staff recommends that the Board of County Commissioners grant Code Compliance to forego any future Board of County Commissioners Public Meeting process and authorize legal action if the property falls out of compliance with the Land Use Code regulations. 

 

Mr. Gray briefly explained the alleged violation, as described above. 

 

The property owners declined to speak, so Chair Gaiter opened up the hearing for public comment.

 

Kathy VanDress, neighbor, explained that she starting calling the Code Compliance office in 2012, and it has taken two-years to get to a hearing.  Ms. VanDress shared many photos which depicted property being used as a junkyard; she stated that it is an eyesore, and that it has diminished her own property value.  She requested that they be forced to clean up and maintain their property. 

 

Mrs. Lawson, mother of Don Lawson, stated that her son makes a living by disassembling vehicles and collecting and recycling scrap metals.  She stated that the property has been cleaned up and it no longer looks like the photos Ms. VanDress displayed. 

 

Cynthia Lawson, wife of Don Lawson, stated that they are trying to sell the property and that it has been very stressful, as they have been unable to find a buyer. 

 

Chair Gaiter closed public comment.

 

Commissioner Johnson stated it is evident that there is a continued problem with maintaining the residential character of this property and he agreed with Mr. Gray’s proposal.  Commissioner Donnelly and Chair Gaiter concurred.

 

 

M O T I O N

 

Commissioner Johnson moved that the Board of County Commissioners grant Code Compliance to forego any future Board of County Commissioners Public Meeting process and authorize legal action if the property falls out of compliance with the Land Use Code regulations. 

 

Motion carried 3-0.

 

The hearing adjourned at 3:25 p.m.

 

TUESDAY, SEPTEMBER 18, 2012

 

 

ADMINISTRATIVE MATTERS

 

The Board of County Commissioners met at 9:00 a.m. with Linda Hoffmann, County Manager.   Chair Gaiter presided and Commissioners Donnelly and Johnson were present. Also present were:  Donna Hart, and Deni LaRue, Commissioners’ Office; Angela Mead, Human Services Department; Dave Lentz, Natural Resources Department; Joni Friedman, Workforce Center; Sheriff Justin Smith, and Undersheriff Bill Nelson, Sheriff’s Department; George Hass (joined the meeting via conference call), and Bill Ressue, County Attorney’s Office; and Gael Cookman, Deputy Clerk.

 

Chair Gaiter opened the meeting with the Pledge of Allegiance.

 

1.   PUBLIC COMMENT:   Mel Hilgenberg updated the Board on several community events; he also shared a document, which outlines what to do if you have a complaint or concern with the Human Services Department. 

 

2.   APPROVAL OF THE MINUTES FOR THE WEEK OF SEPTEMBER 10, 2012:

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioner approve the minutes for the week of September 10, 2012.

 

Motion carried 3-0.

 

3.   REVIEW OF THE SCHEDULE FOR THE WEEK OF SEPTEMBER 24, 2012:  Ms. Hart reviewed the upcoming schedule with the Board.

 

4.   CONSENT AGENDA:

 

M O T I ON

 

Commissioner Johnson moved that the Board of County Commissioners approve the consent agenda as listed below:

 

09182012A001           INMATE CHAPLIAN SERVICES AGREEMENT BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND REVERAND BRET S. RICKARD

 

09182012A002           AGREEMENT FOR TRANSFER OF VEHICLE FROM LARIMER COUNTY TO THE LIFT FOR RURAL TRANSIT SERVICES BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE LIFT INC.

 

09182012A003           GRANT AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS, THROUGH THE DEPARTMENT OF COMMUNITY CORRECTIONS AND DIVISION OF CRIMINAL JUSTICE, AND THE OFFICE OF ADULT AND JUVENILE JUSTICE ASSISTANCE

 

09182012A004           DEVELOPMENT AGREEMENT FOR PARKER SECOND SUBDIVISION, FILE #11-S3041, BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE ESTATE OF EDNA K. PARKER AND HOME STATE BANK

 

09182012A005           DEVELOPMENT AGREEMENT FOR KECHTER CROSSING PLANNED LAND DIVISION, FILE #06-S2583, BETWEEN THE BOARD OF COUNTY COMMISSIONERS, AND 2309 KECHTER LLC, AND KECHTER CROSSING HOMEOWNERS ASSOCIATION INC.

 

09182012R001           RESOLUTION FOR STATUTORY VESTED RIGHTS FOR PARKER SECOND SUBDIVISION, FILE #11-S3041

 

09182012R002           RESOLUTION FOR STATUTORY VESTED RIGHTS FOR KECHTER CROSSING PLD/PD, FILE #06-S2583

 

MISCELLANEOUS:   Final Plat, Parker Second Planned Land Division; Final Plat, Kechter Crossing PLD/PD.

 

LIQUOR LICENSES:  The following liquor licenses were approved and/or issued:  Hideout Patio Bar & Grill – Tavern – Fort Collins; Best Western Crossroads – Tavern – Loveland.

 

Motion carried 3-0.

 

5.   FAMILY DAY PROCLAMATION:  Ms. Mead explained that September 24th is recognized nationwide as “Family Day – A Day to Eat Dinner with Your Children.”  She stated that statistics show that families who regularly eat dinner together have children that are less likely to smoke cigarettes or use alcohol or illegal drugs.  Commissioner Donnelly read the proclamation aloud.

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners proclaim September 24, 2012, as Family Day – A Day to Eat Dinner with Your Children.

 

Motion carried 3-0.

 

6.   REAPPOINTMENT OF LARIMER COUNTY PEST INSPECTOR:  Mr. Lentz explained that the County Pest Inspector is an appointed 2-year-term position, which is currently assigned to the County Forester and is up for re-designation in 2012.  He noted that the responsibilities of this position include inspecting for mountain pine beetle, spruce ips, Douglas fir beetle, thousand cankers disease, and Dutch elm disease.  Mr. Lentz requested that the Board reappoint him as the County Pest Inspector for the next 2-years.

 

M O T I O N

 

Commissioner Johnson moved that the Board of County Commissioners approve reappointing the County Forester, Dave Lentz, as the Pest Inspector for another two years.

 

Motion carried 3-0.

 

7.   FOLLOW-UP TO ECONOMIC DEVELOPMENT WORK SESSION:   Ms. Friedman requested the Board designate additional funding for economic development in Larimer County. She reviewed the breakdown of her proposal, noting that the funds will be used to hire a Larimer County Business & Enterprise (LCBE) Manager, and she also requested $3000 to support the upcoming Silver Breakfast and Keynote speaker.  Some discussion ensued.

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners approve the allocation of $20,000 for funding of 25% of a position for the Workforce Center to facilitate economic development issues; and approve the allocation of $3000 to sponsor the Silver Breakfast at the Estes Park Institute for Innovation.

 

Motion carried 3-0.

 

8.   COUNTY MANAGER WORKSESSION:  Ms. Hoffmann updated the Board on several items; one in particular required the Board’s consensus to authorize the chair to sign a letter of support for the Weed District’s continued relationship with the Canyon Lakes Ranger District for noxious weed management mapping.   Consensus of the Board was to allow the chair to sign the letter of support.

 

Ms. Hoffmann also noted that Suzanne Bassinger was hired as the Recovery Manager to assist in the fire recovery efforts; she noted that Ms. Bassinger has a very diverse background that fully supports the role she was hired for.

 

9.   COMMISSIONER ACTIVTY REPORTS:  The Board shared their activities at events during the past week.

 

10.   LEGAL MATTERS:

 

M O T I O N

 

Commissioner Donnelly 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 meeting adjourned at 10:35 a.m., with no further action taken.

 

__________________________________________

   LEW GAITER III, CHAIR

BOARD OF COMMISSIONERS

SCOTT DOYLE

CLERK AND RECORDER

 

ATTEST:

 

______________________________________

Gael M. Cookman, Deputy Clerk

 

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