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MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

 

 

Monday, May 13, 2013

 

 

LAND USE HEARING

 

The Board of County Commissioners met at 3:00 p.m. with Matt Lafferty, Principal Planner. Chair Johnson presided and Commissioner Donnelly was present. Also present were:  Terry Gilbert, Rob Helmick, and Savanah Benedick, Planning Department; Chad Gray, and Tony Brooks, Code Compliance Department; Clint Jones, Engineering Department; Jeannine Haag, County Attorney; and Gael Cookman, Deputy Clerk.

 

Chair Johnson opened the hearing with the Pledge of Allegiance, and explained that items 1-3 were on consent and would not be discussed unless requested to do so by the Board, staff, or members of the audience.  Mr. Lafferty then explained that with regards to item number 1, the easement cannot be vacated due to the location of the sewer line installed in that area; he requested that all references to the easement vacation be removed from the conditions of approval, and he further noted that the applicant was in agreement with this recommendation.

 

1.         CRYSTAL LAKES LOT 36 & 41 LOT CONSOLIDATION/EASEMENT VACATION, FILE #13-S3161:  This is a request to amend the plat and consolidate Lots 36 and 41 of the Crystal Lakes 6th Addition and vacate the 30-foot utility easement along the common lot line.  Both properties are located in the Crystal Lakes 6th Addition.  These properties are located adjacent to each other with a 30-foot utility easement located along the common lot line.  Consolidating these lots will create one lot that is approximately 1.08 acres in size.

 

No neighbors have voiced any objections to the easement vacation proposal. Additionally, the following Larimer County agencies have stated that they have no objections to this proposal:

 

•  Department of Health and Environment

•  Engineering Department

•  Assessor

•  Addressing

•  Code Compliance Section

•  Crystal Lakes Water and Sewer have signed off on the proposal, indicating there are no water or sewer lines in the existing easement to be vacated.

 

The proposed Lot Consolidation of Lots 36 and 41 of the Crystal Lakes 6th Filing will not adversely affect any neighboring properties or any County agency.  The consolidation will not result in any additional lots.  It makes sense to vacate the easement that would go through the middle of the resulting lot if not vacated.  Staff finds that, with the conditions as listed below, the request meets the requirements of the Larimer County Land Use Code.

 

The Development Services Team recommends approval of the Lot Consolidation of Lots 36 and 41 of the Crystal Lakes 6th Filing, file #13-S3161, subject to the following condition(s):

 

1.   All conditions of approval shall be met and the final resolution recorded by November 13, 2013, 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.

 

2.         DUNKIN MINOR LAND DIVISION AMENDED PLAT OF TRACTS 2 & 3, FILE #13-S3159:  This is a request for an amended plat to reconfigure lot lines for Tracts 2 and 3 of the Dunkin Minor Land Division.  There currently exists a single-family dwelling on Tract 2 and a steel outbuilding on Tract 3. 

 

The following Larimer County agencies have the following comments:

 

·  Dale Greer, County Surveyor has no objections to the proposal with two modifications to the plat prior to recording.

·  Department of Health and Environment has no concerns as long as utility providers have adequate access for their needs.

·  Engineering is not concerned as long as access and drainage patterns are not impacted.

·  Addressing does not have any concerns.

 

The proposed Amended Plat for Tracts 2 and 3 of the Dunkin MLD will not adversely affect any neighboring properties or any County agency.  The reconfiguration will not result in any additional lots and will assist with the existing nonconforming setback for the house on Tract 3.

 

The Development Services Team recommends Approval of the Amended Plat to reconfigure lot lines for Tracts 2 and 3 of the Dunkin Minor Land Division, file #13-S3159, 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 November 13, 2013, or this approval shall be null and void.

 

2.   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.

 

3.         HIAWATHA HEIGHTS LOTS 5-7 BLOCK 20 AMENDED PLAT, FILE #13-S3160:  This is a request for an amended plat of lots 5 -7, Block 20 Hiawatha Heights to combine the three lots and an adjacent meets and bounds parcel.

 

The applicant recently acquired this property and wishes to have the property boundary reflect the ownership of the land.  As is the case with many properties in Red Feather Lakes the home was built outside of the original lots and the adjacent land was added to the lots so as to include the home.  The home built in 1926 is served by a well and sanitation vault system.  The applicants propose no changes to the home or site.  This lot fronts to Cliff Drive and Lake Hiawatha and is only 4.4 feet from the edge of the road.   No change is proposed here and the non-conformity (requires a 25 foot setback) will not change 

 

The request meets the requirements of the Larimer County Land Use Code and seeks to rectify an existing property ownership.  No individual or agency has noted any concern with the application. 

 

The Development Services Team recommends Approval of the Hiawatha Heights Lots 5-7 Block 20 Amended Plat, file #13-S3160, 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 November 13, 2013, or this approval shall be null and void.

 

2.   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.

 

M O T I O N

 

Commissioner Gaiter moved that the Board of County Commissioners approve the consent agenda items, as amended and outlined above. 

 

Motion carried 3-0.

 

4.         HOARD ZONING VIOLATION PUBLIC MEETING, FILE #09-CC0297:  This is an alleged violation of Section 4.1.11 R-1(Residential) of the Larimer County Land Use Code by using his residential property to store unlicensed/inoperable vehicles and junk/debris outdoors which is not an allowed use in the R-1(Residential) zoning district.

 

This property is located in the Pleasant Acres Subdivision which is SE of the intersection of East Mulberry Street and South Summit View Drive.

 

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 adjacent property owners.

 

On March 22, 2013, Code Compliance received a complaint about the property owner’s son, Anthony Hoard, dumping oil in the street and bringing more unlicensed/inoperable vehicles onto the property. Code Compliance Officer Chad Gray went to the property and verified a violation of the Land Use Code existed and took photos. Code Compliance has received numerous complaints about this property over the years and has opened and closed the zoning violation file many times. The property owner’s son has a towing company which transports junk vehicles to the salvage yards in the area. Code Compliance has informed the owner that the vehicles he transports are not allowed to be unloaded at this residential property. Each time the property falls out of compliance, generally 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 R-1 (Residential).

 

2.   Using the property to store unlicensed/inoperable vehicles and junk/ debris outside is not an allowed use in the R-1 (Residential) Zoning district.

 

3.   A Special Exception would not be an option since the property is within the Fort Collins Growth Management Area.

 

Staff recommends that the Board of County Commissioners set a deadline for the property to be brought into compliance and grant Code Compliance to forego any future 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 outlined above, and displayed photos he took of the property in question, and there were some questions as to whether or not the occupant was dumping oil on the ground.

 

Anthony Hoard, occupant of the property, stated that he is not dumping oil on the ground, but that one of his vehicles had a bad engine oil leak that he has since resolved.  He explained that he uses the extra vehicles as parts for a race car that he is building.  Mr. Hoard stated that he has been working on cleaning up the property, but that he still has about 3-4 weeks worth before he can get all of the vehicles removed. 

 

Chair Johnson opened up the hearing for public comment and Stan Hoard, property owner and father of the occupant, address the Board.  Mr. Hoard wanted to ensure it was allowable to have the race car, unlicensed, as long as his son was working on it.  Mr. Gray stated that as long as it was in the garage, it did not have to be licensed. 

 

There was no further public comment.

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County set a deadline of 30-days for the property to be brought into compliance and grant Code Compliance to forego any future public meeting processes and authorize legal action if the property becomes out of compliance with the Land Use Code regulations as the result of storage of unlicensed/inoperable vehicles. 

 

Motion carried 3-0.

 

There being no further business, the hearing adjourned at 3:30 p.m.

 

 

TUESDAY, MAY 14, 2013 

 

ADMINISTRATIVE MATTERS

 

The Board of County Commissioners met at 9:00 a.m. with County Manager Linda Hoffman. Chair Johnson presided, and Commissioners Donnelly and Gaiter were present. Also present were: Neil Gluckman, Donna Hart, and Deni LaRue, Commissioners’ Office, Emily Dawson Peterson, and LaVonne Johnson, Touchstone Health Partners; Gary Buffington, and Dan Reeves, Natural Resources Department; Undersheriff Bill Nelson, and Sergeant Tom Berglund, Sheriff’s Department; Marc Engemoen, Public Works Division; Rusty McDaniel, Kyle Arend, and Mark Peterson, Engineering Department; and Gael Cookman, Deputy Clerk.

 

Chair Johnson opened the meeting with the pledge of allegiance.

 

1.         PUBLIC COMMENT: Mel Hilgenberg reviewed his “report card” with his perceptions on how well the Board of County Commissioners are fulfilling their duties.

 

Bridgett Schmidt submitted comments regarding the oil and gas agreements and suggested that the County look at creating these agreements to provide more protection for those in the Growth Management Areas.

 

Eric Sutherland commented on the bonds issued for the metro improvements within the City of Fort Collins, noting that he feels the interest rate secured is far too high.

 

2.         APPROVAL OF THE MINUTES FOR THE WEEK OF MAY 6, 2013:

 

M O T I O N

 

Commissioner Gaiter moved that the Board of County Commissioners approve the minutes for the week of May 6, 2013.

 

Motion carried 3-0.

 

3.         REVIEW OF THE SCHEDULE FOR THE WEEK OF MAY 20, 2013 : Ms. Hart reviewed the upcoming schedule with the Board.

 

4.         CONSENT AGENDA:

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners approve the following items on the consent agenda, as listed below:

 

05142013A001           CONTRACT FOR CONSTRUCTION PROJECT NO. 304, BETWEEN THE BOARD OF COUNTY COMMISSIONERS, THE DIVISION OF PUBLIC WORKS, AND CONNELL RESOURCES, INC.

 

05142013D001           DEED OF DEDICATION – GLEN HAVEN AREA VOLUNTEER FIRE DEPARTMENT

 

MISCELLANEOUS : Conveyance of Permanent Drainage and Utility Easement by Yakutat Land Corporation; Conveyance of Permanent Drainage and Utility Easement by Glen Haven Area Volunteer Fire Department, Inc.; Conveyance of Permanent Drainage and Utility Easement by Peter J. Baker and Sharon K. Baker.

 

LIQUOR LICENSES: The following license was approved and/or issued: Pot Belly Restaurant & Lounge – Tavern – Red Feather Lakes.

 

Motion carried 3-0.

 

5.         MENTAL HELATH MONTH PROCLAMATION : Ms. Peterson and Ms. Johnson requested that the Board proclaim the month of May, as Mental Health Month, in order to raise an increasing awareness and understanding of mental health and the need to support accessible services for all citizens.  Commissioner Gaiter read the proclamation aloud.

 

M O T I O N

 

Commissioner Gaiter moved that the Board of County Commissioners proclaim the month of May as Mental Health Month.

 

Motion carried 3-0.

 

6.         CAMPING IN LARIMER COUNTY JUST GOT A WHOLE LOT “KOOLER”: Mr. Buffington and Mr. Reeves explained that their department has just purchased a 2006 Airstream Classic camper they will be offering to the public for reservations at the Southbay Campground.  Mr. Buffington noted that it will be offered at $99.00 a night, and sleeps 3 adults, or 2 adults and 2 children.  The camper has all the luxuries of home, including a flat screen TV, DVD player, stereo system, fully outfitted kitchen, air conditioning, bathroom and shower.

 

The Board thanked Mr. Buffington and Mr. Reeves for sharing this information.

 

7.         VIN INSPECTION FEE INCREASE:   Undersheriff Nelson and Sergeant Berglund explained that state statute allows for $20.00 per vehicle identification number (VIN) inspections.  They explained that the Sheriff’s Department is below the average with regards to charging for this service and requested the VIN inspection fees be raised from $10.00 to $20.00.

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners approve the resolution increasing the fee for VIN inspections from $10.00 to $20.00.

 

Motion carried 3-0. 

 

05142013R001           RESOLUTION AMENDING SHERIFF’S FEES FOR RECORD SEARCHES, COPYING, AND FINGERPRINTING

 

8.         PUBLIC WORKS DIVISION YEAR IN REVIEW REPORT: Mr. Engemoen presented a handout and re-cap of all six departments within the Public Works Division.  The Board thanked Mr. Engemoen for this valuable information.

           

9.         IMPLEMENTATION OF THE SECOND PHASE OF THE OWL CANYON CORRIDOR PROJECT:  Mr. McDaniel presented the scope of the second phase of the Owl Canyon Corridor project which outlined the road realignment and timeline for completion; he requested approval on the same.  Some discussion ensued and the Board gave their approval for this project to continue.  (No formal action was taken.)

 

10.       COUNTY MANAGER WORKSESSION:  Ms. Hoffman reviewed her activities with the Board, and also noted that sandbagging efforts for the High Park fire victims have increased.

 

Mr. Gluckman provided a re-cap on Senate Bill 13-252, regarding renewable energy, noting that if passed, it would raise rates for all, especially family farmers.  He asked for a letter from the Board urging the governor to veto the bill.  Discussion ensued, during which, Chair Johnson stated that he could not take a position without having full knowledge of the specifics of this bill.

 

M O T I O N

 

Commissioner Donnelly moved that the Board of County Commissioners draft a letter to the governor requested he veto Senate Bill 13-252.

 

Motion carried 2-1; Chair Johnson dissenting.

 

11.       COMMISSIONER ACTIVITY REPORTS: The Board reviewed their activities at events during the past week.

 

12.       LEGAL MATTERS: There were no legal matters to discuss

 

There being no further business, the meeting adjourned at 10:30 a.m.

 

 

THURSDAY, MAY 16, 2013

 

EXECUTIVE SESSION

 

The Board of County Commissioners met at 2:15 p.m. with County Manager Linda Hoffman. Chair Johnson presided, and Commissioners Donnelly and Gaiter were present. Also present were: Neil Gluckman, Commissioners’ Office, Marc Engemoen, Public Works Division; Bob Herrfeldt, and Diana Frick, The Ranch; David Ayraud, County Attorney’s Office; and Gael Cookman, Deputy Clerk.

 

M O T I O N

 

Commissioner Gaiter moved that the Board of County Commissioners go into executive session for determining positions relative to matters that may be subject to negotiations; developing strategy for negotiations; and instructing negotiators, as outlined in 24-6-402(4)(e) C.R.S.

 

Motion carried 3-0.

 

The executive session ended at 2:55 p.m., with no action taken.

 

 

 

 

__________________________________________

   STEVE JOHSNON, 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.