PROCEEDINGS OF THE BOARD OF COUNTY COMMISSIONERS

MONDAY, APRIL 5, 1999

EXECUTIVE SESSION

The Board of County Commissioners met at 1:35 p.m. for an Executive Session. Chair Olson presided and Commissioners Disney and Rennels were present. Also present were Larry Timm, Director of Planning, and Jeannine Haag, Assistant County Attorney.

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners go into an Executive Session at 1:35 p.m. to obtain confidential legal advice.

Motion carried 3-0.

The Executive Session ended at 2:05 p.m.; no action taken.

LAND-USE PLANNING MEETING

(#465 & #466)

The Board of County Commissioners reconvened at 3:00 p.m. in regular session with Larry Timm, Director of Planning. Chair Olson presided and Commissioners Disney and Rennels were present. Also present were: Rob Helmick, Senior Planner; Carol Evans and Matt Lafferty, Planners II; Sean Wheeler, Planner I; Doug Ryan, Environmental Health Planner; and Rusty McDaniel, Project Engineer; John Pedas, Code Enforcement Officer; and Jeannine Haag, Assistant County Attorney. Recording Clerk, Sherry Graves.

Chair Olson stated that the following are consent items and will not be discussed in detail unless requested by the Commissioners or members of the audience. Commissioner Disney requested that the Gibbs Easement Vacation item be removed from the consent agenda and Don Magnuson requested that the Allison Estates Planned Unit Development item also be removed.

1. HORSETOOTH LAKE ESTATES AMENDED PLAT (#99-S1380): NE ¼

01-06-70 - SOUTH SIDE OF COUNTY ROAD 38E, SOUTH OF HORSE-

TOOTH MOUNTAIN PARK; 3.5 ACRES; O-OPEN ZONING

This is a request for an amended plat of Lots 30, 31, 55, 56, 58, 59, 64 and 65 in Horsetooth Lake Estates to combine the 8 lots to create 4 larger lots. Staff findings include: 1) Horsetooth Lake Estates Subdivision was recorded in 1964; numerous amended plats to combine lots in this subdivision have been approved in the past; 2) The proposed amended plat would combine Lots 30 and 31, Lots 55 and 56, Lots 58 and 59, and Lots 64 and 65, resulting in a total of 4 lots rather than 8; 3) All utility companies serving the site and the Larimer County Health and Engineering Departments have reviewed the request and stated no objection; 4) Approval of the amended plat of Lots 30, 31, 55, 56, 58, 59, 64, and 65 in Horsetooth Lake Estates Subdivision will not result in any significant negative impacts on surrounding properties, services, transportation or the natural environment. Reducing the number of small lots in this mountain subdivision is a benefit to the citizens of Larimer County. The staff recommendation is for approval of the amended plat of Lots 30, 31, 55, 56, 58, 59, 64 and 65 of Horsetooth Lake Estates, with the condition that easements as requested by Poudre Valley REA be provided for any existing facilities which cross these lots.

2. GRAYHAWK KNOLLS PLANNED UNIT DEVELOPMENT AMENDED

PLAT OF LOT 11 (#99-S1381): 26-09-69 ON THE WEST SIDE OF

COUNTY ROAD 15, ¼ MILE SOUTH OF COUNTY ROAD 66 IN THE

GRAYHAWK KNOLLS SUBDIVISION; 4.15 ACRES; 1 LOT; O-OPEN

ZONING

This is a request for an amended plat to adjust the building envelope for Lot 11 of the Grayhawk Knolls PUD. Staff findings are: 1) The proposed amended plat is in compliance with the Larimer County Master Plan, the Larimer County Zoning Resolution, and the Larimer County Subdivision Resolution; 2) The amended plat is compatible with other development in the surrounding area; 3) Approval of the amended plat will not result in any significant impacts to neighboring properties, the natural environment, or the provision of services and infrastructure; 4) Property values in the surrounding area would not be adversely affected by the amended plat.

The staff recommendation is for approval of the amended plat of Lot 11 of the Grayhawk Knolls PUD, subject to the following condition: 1) Before the amended plat for Lot 11 of Grayhawk Knolls is recorded, the applicant shall make all corrections as outlined in the Engineering Department letter from Dale V. Greer, Professional Land Surveyor, dated March 3, 1999.

3. AMENDED PLAT OF LOTS 5 AND 6, SOLDIER CANYON ESTATES

1ST FILING (#99-S1383): NW ¼ 12-07-70 - SOUTH SIDE OF JACK PINE

DRIVE WITHIN SOLDIER CANYON ESTATES 1ST FILING; 4.15 ACRES;

2 LOTS; O-OPEN ZONING

This is a request for an amended plat to combine Lots 5 and 6 within Soldier Canyon Estates 1st Filing; said combining of Lots will result in one lot being 4.15 acres in area. Staff findings include: 1) The proposed amended plat is in compliance with the Larimer County Master Plan, the Larimer County Zoning Resolution and the Larimer County Subdivision Resolution; 2) The amended plat is compatible with other development in the surrounding area; 3) Approval of the amended plat will not result in any significant impacts to neighboring properties, the natural environment, or the provision of services and infrastructure; 4) Property values in the surrounding area would not be adversely affected by the amended plat.

The staff recommendation is for approval of the amended plat of Lots 5 & 6 of Soldier Canyon Estates 1st Filing, subject to the following condition: 1) Before the amended plat to combine Lots 5 and 6 of Soldier Canyon Estates 1st Filing is recorded, the applicant shall make all corrections as outlined in the engineering Department letter from Dale V. Greer, Professional Land Surveyor dated March 3, 1999.

4. HIGHLAND PLACE LOTS 29 A-C EASEMENT VACATION (#99-S1379):

25-08-69 AT THE SE CORNER OF THE INTERSECTION OF ABBOTTS-

FORD ROAD AND RICHARDS LAKE ROAD, OFF STATE HIGHWAY 1,

EAST OF TERRY LAKE ROAD IN NORTH FORT COLLINS; 3 LOTS;

FA-FARMING ZONING

This is a request to vacate the entire length of a 60' utility easement between Lots 29 A, B, and C in the Highland Place Subdivision. Staff findings are: 1) The proposed easement vacation is in compliance with the Larimer County Master Plan, the Larimer County Zoning Resolution, and the Larimer County Subdivision Resolution; 2) The easement vacation is compatible with other development in the surrounding area; 3) Approval of the easement vacation will not result in any significant impacts to neighboring properties, the natural environment or the provision of services and infrastructure; 4) Property values in the surrounding area would not be adversely affected by the amended plat. The staff recommendation is for approval of the vacation of a 60 foot wide utility easement approximately 704 feet in length, between Lots 29 A, B and C in the Highland Place Subdivision.

5. LINDEN RIDGE SUBDIVISION 1ST FILING RELEASE OF WARRANTY

COLLATERAL (#92-SU0201): NE ¼ 11-07-68 - SOUTH OF CR 48, 1.5

MILES EAST OF I-25

This is a request to release the warranty collateral in the amount of $3,107.05 for Linden Ridge Subdivision 1st. The staff recommendation is for approval of the release of Warranty Collateral for Linden Ridge Subdivision First Filing, which consists of $3,107l.05 being held in the Commissioners' Escrow Account.

6. COOPER AUTO BODY REZONING (#98-Z1285): SE ¼ 28-08-69

DIRECTLY OFF THE NORTHSIDE OF U.S. 287, WITHIN THE LAPORTE

AREA PLAN ENTRYWAY CORRIDOR; 3.33 ACRES; 2 LOTS;

C-COMMERCIAL/O-OPEN ZONING

This is a request to rezone a portion of a 1.42 acre parcel from O-Open to C-Commercial. The applicant also seeks to adjust the boundary of the rezoned parcel, and attach it to an adjoining C-Commercial zoned parcel. A lot size variance will be needed for the remaining .63 O-Open zoned parcel. Staff findings include: 1) With certain conditions, the proposed Cooper Auto Body Rezoning is in compliance with the intent and purposes of the Comprehensive Zoning Resolution and the LaPorte Area Land Use Plan. The LaPorte Area Planning Advisory Committee has recommended approval for this application; 2) The proposed use is consistent with previous approvals, and is compatible with the character of the area; 3) The proposed use would not result in negative impacts on area properties, provision of services, access and traffic or the natural environment; 4) There have been no adverse comments received from any individual group or agency.

The Planning Commission/staff recommendation is for approval of the Cooper Auto Body Rezoning application, subject to the following conditions: 1) The conditions of prior approvals shall remain in effect, except as altered by this approval; 2) The applicant shall obtain a permit to install the proposed on-site sewer system from the Larimer County Health and Environment Department, prior to the issuance of a building permit. The applicant shall provide soil test data in the area of the proposed absorption to support the permit; 3) Floor drains for the new development shall not be connected to the on-site sewer system; 4) No process wastes may be discharged into any part of the drainage system connected to the on-site sewer system serving the facility; 5) The facility shall be connected to public sewer at such time as service is extended to within 400 feet of the property; 6) The final plat shall provide 10' utility easements for all existing utilities.

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners adopt the staff findings and Planning Commission/staff recommendations and approve the Amended Plat for Horsetooth Lake Estates (#99-S1380); Amended Plat for Grayhawk Knolls Planned Unit Development, Lot 11 (#99-S1381); Amended Plat of Lots 5 & 6, Soldier Canyon Estates 1st Filing; (#99-S13383); Easement Vacation for Highland Place, Lots 29 A-C (#99-1379); Release of Warranty Collateral for Linden Ridge Subdivision 1st Filing (#92-SU0201); and the Cooper Auto Body Rezoning (#98-Z1285); each, with conditions as outlined above.

Motion carried 3-0.

6. ALLISON ESTATES PLANNED UNIT DEVELOPMENT (#97-MS1153):

NW ¼ 23-7-68 - SOUTHWEST CORNER OF COUNTY ROAD 5 AND

COUNTY ROAD 42E; 114.88 ACRES; 50 LOTS; FA-1 FARMING ZONING

This is a request for a Planned Unit Development Preliminary Plat for a single family residential development containing 50 lots. Mr. Lafferty informed the Board that two items have changed since the Planning and Zoning hearing; he noted that there were some concerns over the north/south roadway and the applicant has modified the alignment so it does not exit on CR 42E, and this modification is currently being reviewed by the Larimer County Engineering Department. Mr. Lafferty stated that the other concern is with the high ground water elevations and staff has added condition (4) to address this concern. Staff findings are: 1) The proposed Allison Estates PUD complies with the Larimer County Master Plan, Zoning Resolution, and PUD Resolution. The application satisfactorily addresses the criteria for evaluation of a PUD; 2) The proposal is consistent with the recommendations of the referral departments and agencies reviews and comments; 3) If constructed, as stated in the application materials and in compliance with County regulations and conditions of approval, the proposed use should not result in negative impacts on area properties, provision of services, access and traffic, or the natural environment; 4) If constructed as stated in the applications materials and in compliance with County regulations and conditions of approval, the proposed use complies with the technical requirements of the County.

Commissioner Disney expressed his concern that most homeowners don't read plat notes; consequently, how effective will the plat note be regarding condition (4) indicating which lots are not appropriate for basement construction? Mr. Lafferty responded that when a building permit application is received, staff will note the condition on the plat. Mr. Helmick addressed the Board and stated that Planning staff is exploring an avenue to eliminate the confusion with plat notes, which is to file a disclosure statement with the plat and this should be in effect when this proposal is presented for final plat approval.

Don Magnuson, representing the canal companies which traverse Allison Estates, stated that they do not think there is any way that high water situations can be mitigated on Lots 1 and 2 and they should become a nature area; he noted that their other concern is access as they don't see anything in the conditions that guarantees them the access they need and it is critical for them to have adequate access and right-of-ways. Mr. Magnuson stated that their request for the Inlet Canal is 75 ft. on each side from the center and on the Lake Canal Ditch that runs on the west side of Lots 1 and 2, they are asking for 100 ft. total - 50 ft. each side of center.

Doug Konkel, applicant, addressed the two concerns; he noted that there is a soils report available and after drilling 5 or 6 monitoring wells, which have been monitored every 30 days since last spring, it is evident that there is no seepage from the ditches. Mr. Konkel stated that the primary source of ground water in this area is from the Poudre River Basin and there are higher ground water levels on the westerly portion of this property than on the east. With regard to the other concern regarding access, Mr. Konkel stated that they have dedicated 100 ft. for canal row and they are improving the access and he thinks that asking 150 ft. for the ditch is too much; he asked who is going to maintain this space and control the weeds? Mr. Konkel stated that they are trying to be good neighbors and be accommodating; Mr. Magnuson responded that if the applicant is willing to give the canal companies the 100 ft. and realign the canal, and they can be assured that their accesses are adequate, they are willing to work with them. Mr. Konkel stated that he has no problem surveying the upper ditch to confirm where the ROW exists (they have done it on the lower one), and will do it as part of the conditions, and if they need more, he will dedicate an additional 20 ft.

After questions from the Board and much discussion regarding the two concerns, the Planning Commission/staff recommendation conditions for approval of the Allison Estates PUD Master Plan and Preliminary Plat were amended as follows: 1) The plat of the subdivision is to be completed in strict conformance to the Master Plan, Zoning Resolution, Subdivision Resolution and PUD Resolution for the County of Larimer, State of Colorado; 2) The final plat shall be completed in strict compliance with the conditionally approved preliminary plat; 3) The applicant shall demonstrate before approval of the final plat that sufficient right-of-way exists on County Road 5 for a southbound left hand turn lane on to County Road 42E; 4) The applicant shall provide evidence as to which lots in the development can accommodate basement construction. Said evidence shall include monitoring of the water level during the spring and early summer months when ground water is at its highest. Said evidence shall be on a lot by lot basis and shall be provided prior to approval of the final plat. Any lots proven not to be appropriate for basement construction will be noted on the final plat, and noted in a recorded disclosure statement; 5) An Engineers certification shall be required for all basement construction; 6) Building envelopes consistent with the setbacks required by the FA-1 zoning district shall be illustrated on the final plat; 7) Larimer County Transportation Capital Expansion Fees will be collected at the time of building permit for each new residential structure in this development. Said fee collected shall be the fee in effect at the time of building permit application; 8) Cash in-lieu of Park Fees will be collected at the time of building permit for all new residential structures in this development. Said fee collected shall be the fee in effect at the time of building permit application; 9) Cash in-lieu of School Fees for the Poudre R-1 School District will be collected at the time of building permit for new residential structures in this development. Said fee collected shall be the fee in effect at the time of building permit application; 10) Passive radon mitigation measures shall be included in construction of residential structures 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 Planning 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; 11) Engineered footings and foundations are required for new residential construction; 12) Use of lot 50 as an equestrian facility will require Special Review approval; 14) All utilities must be installed underground; 15) Drainage plans shall be submitted to the Lake Canal Company for their review and comment; 16) Construction plans shall be subject to the review and approval of the County Engineer, East Larimer County Water District, WYCO Pipeline, Poudre Fire Authority, Boxelder Sanitation District, and AT&T facilities shall be properly executed before any construction commences; 17) The following notes shall be on the final plat: a) Mosquitoes may be a nuisance on this property. Larimer County is not responsible for mosquito abatement and any land owner initiated abatement activities must meet all Federal, State and Local rules and regulations; b) Prairie dog colonies exist in the area of this property and may migrate to this property. Prairie dogs have been known to carry plague. Larimer County does not perform prairie dog control; c) There are existing agricultural activities in this area that may produce dust, odors and noise. Larimer County will not take any action to stop or hinder legal agricultural uses of nearby properties; d) There is the potential for wildlife interaction or property damage in this area. Property owners should take appropriate measures to protect property. Neither Larimer County nor the State Division of Wildlife is responsible for damage or control of wildlife; e) This development is the subject of a Subdivision Improvements Agreement that has been recorded in the office of the County Clerk and Recorder and is also on file in the Larimer County Planning Office. There are also recorded covenants associated with this plat; f) Hunting occurs in this area from September through January. Hunting occurs in this area from September through January. Hunting is allowed within 150' of private property. The Division of Wildlife will not take action to stop legal hunting in this area; g) All driveways over 100' long must be 15' wide and capable of supporting fire apparatus for the length of the driveway; h) No trees may be planted within 4' of gas lines and no structures may be placed within the Public Service easement; 18) A setback of 60' from the pipeline for all structures; 19) The location of the pipeline shall be disclosed; 20) The pipeline shall have a minimum 48" cover; 21) Acceptance of the new main road alignment at the intersection of 42E; 21) Maintenance of the 20 ft. strip of land between the west edge of the road and east edge of the Lake Canal Ditch will be maintained by the owners of Lots 1 and 2 and same will be reflected in the covenants.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners adopt the staff findings and Planning Commission/Staff recommendation and approve the Allison Estates Planned Unit Development (#97-MS1153), with the conditions as amended and outlined.

Motion carried 3-0.

Mr. Helmick offered clarification of an issue for the Board that the applicant must comply with Appendix C requirements of the Subdivision Resolution, which would dictate the 20 ft. easement width and must have a signed, stamped survey approved by the County before filing their final plat.

8. GIBBS EASEMENT VACATION (#97-SA1132): PART OF SECTION

19, TOWNSHIP 5 NORTH, RANGE 72 WEST; 773 NORTH LANE,

NORTH OF AND ADJACENT TO NORTH LANE, SOUTH OF AN

ADJACENT TO DEVIL'S GULCH ROAD; E-ESTATE ZONING

This is a request to extend a condition of approval for an approved vacation of a public road and bridle path easement. Ms. Haag stated that the Board has received a motion for reconsideration of this vacation, which is currently pending, and if the Board decides to re-hear the right-of-way vacation and rule that the right-of-way should not have been vacated, then this request for additional time to meet a condition, is a mute issue. However, if the Board rules that the right-of-way vacation was properly granted, at that time they can decide how much additional time, if any, to give the applicant to meet that condition. Ms. Haag stated that, in her opinion, the best way to proceed is to first rule on whether the Board is going to rehear this matter and then, depending upon the outcome of that vote, decide what to do with respect to this request.

Mr. Helmick stated that since the Board extended this approval in January, he has been besieged with a number of calls from individuals who are upset that either they were unaware, or there was some confusion about, or that they don't believe they received adequate notice of the original hearing last November. Mr. Helmick stated that if the Board decides to rehear this matter, and in order to allow time to meet the notice provision, May 17, 1999 is the suggested date for the rehearing. Commissioner Disney stated that since calls and correspondence have been received and there is confusion in the information that has been presented, he thinks it would be judicious to rehear the matter.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the date of May 17, 1999 for a rehearing of the Gibbs Easement Vacation (#97-SA1132) and continuance of the request before the Board today until that date.

Motion carried 3-0.

9. SPENCER CLUBHOUSE ZONING VIOLATION (#98-ZV1264): 406

NORTH HOLLYWOOD, PART OF LOT 11, BLOCK 1, ROSTEK 2ND;

This alleged violation is for using a single family dwelling for a clubhouse (central gathering point) for a motorcycle club. Mr. Pedas provided the background information regarding this alleged violation and reviewed the major issues and concerns; he noted that the property is a small, 8,000 sq. ft. lot with a 570 sq. ft. dwelling and has been used as a clubhouse (headquarters) for the Sons of Silence Motorcycle Club. Mr. Pedas stated that the influx of motorcycles into a residential neighborhood has been disruptive because of the noise and additional traffic and is inconsistent with the character of the neighborhood. Staff findings include: 1) The subject property is zoned FA-Farming; 2) The FA-Farming Zoning District does not permit places of assembly, gathering places or headquarters activities; 3) The use of the property for large group gatherings is totally out of character with the developed nature of the neighborhood; 4) Continued use of the property inconsistent with zoning will seriously affect property values in the neighborhood. The staff recommendation is to find, in the matter of the Spencer Clubhouse Violation, that a zoning violation exists, require immediate compliance, and authorize legal action if compliance is not met.

In a preliminary statement, Ms. Haag noted that the purpose of today's hearing is to gather information from all concerned parties and for the County to determine whether a zoning violation has occurred; therefore, the relevant information for today's purpose shall be limited to what uses are permitted in the FA Zone and does the current owner's use of his property fit within one of those permitted uses. Ms. Haag cautioned that this is only one step in a potential process and, even if the County decides today that there is a zoning violation and that the property is not being used commensurate with one of the permitted uses, and if the owner disagrees with that position and refuses to discontinue that use, the matter has to be decided by a Court of Law and if the owner continues to use the property until a Court issues an injunction ordering that the particular use be stopped, this process can take from 12 to 18 months.

Mr. Pedas stated that Section 9 of the Comprehensive Zoning Resolution lists uses permitted in the FA-Farming District, R-Residential Zoning District, and in the E-Estate Zoning District, which all make reference to single family dwellings; he reviewed the uses allowed in those District. Mr. Pedas noted that lodges, private clubs, and membership clubs are only allowed in T-Tourist, B-Business, I-Industrial, and C-Commercial Districts. Mr. Pedas defined membership club as a facility to accommodate a group of people organized for a common purpose to promote common goals, interests, or activities and characterized by certain membership qualifications, payment of fees, dues, etc. Mr. Pedas stated that the Sons of Silence would qualify as a membership club and he would identify the structure as a clubhouse and, based on the reported activities, there is no evidence to indicate that the structure is being used as a single family dwelling; he noted also that a substantial stockade fence has been built on the property and a sign erected that says "Sons of Silence". Mr. Pedas stated that because of the nature of the complaints, the Sheriff's Department has been contacted on each occasion of the activities.

Deputy Sheriff Chris Worsham presented slides showing the structure, fence, sign, tent, gate, etc. at 406 No. Hollywood. Jim Wattles, Denver Police Department, stated he was requested by the Sheriff's Department, because of his familiarity with the Sons of Silence in Colorado, to attend today's hearing; he noted that in the State of Colorado, there are three chapters of the Sons of Silence and the northern chapter is here in Fort Collins. Mr. Wattles reviewed a calendar of events into the year 2000 listing month by month the activities of the Sons of Silence, including those in Fort Collins; he noted that this structure in Fort Collins is commonly referred to as a clubhouse by everyone and this location is strictly used as a clubhouse.

Wade Eldridge, attorney for the property owner, asked a number of questions, such as is there anything in the law that says someone cannot have two residences and how often do you have to stay at any one residence? Mr. Eldridge stated that it is Mr. Spencer's position that the word clubhouse is not defined in the zoning regulations, that this is a single family residence where he resides occasionally, and there is no requirement in the law anywhere that states if he must live there, and having an occasional gathering of friends is an incidental use to a residence and a residence is allowed under FA-Zoning. Mr. Eldridge stated that having people come to your house to talk about religion, politics, motorcycles, etc. is protected by the First Amendment of the United States Constitution. Mr. Eldridge asked for a definition of grange hall and tried to make a comparison between a grange hall and clubhouse, noting that a grange hall is a meeting place where farmers, ranchers, cattlemen, meet and is allowed in the FA-Farming Zone. Mr. Eldridge noted also that there is nothing in the zoning regulations that says you can't have a sign on your house. Mr. Eldridge stated that there is not a definition for clubhouse in the zoning regulation; Commissioner Disney stated that on page 81, item 54, there is a definition for membership club. In conclusion, Mr. Eldridge noted that Mr. Spencer has substantially improved the subject property and, under the zoning regulations adopted by Larimer County, gathering places and places of assembly are allowed in the FA-Farming Zoning District, his client lives there occasionally, and to say he cannot have people over occasionally for whatever reason, is a violation of the First Amendment.

The following adjacent property owners addressed the Board with their concerns: Jan Moraczewski, Brad Edwards, Kevin White, Mark Easter, Mary Beck, and Evonne White. Ms. Moraczewski stated that they are not opposed to neighbors meeting to talk about politics, religion, etc., but they are opposed to the noise; she noted they have been working with the local authorities to set up a neighborhood watch because this situation has created traffic problems and a fear factor in the neighborhood. Mr. Edwards stated he has no problem with the exercise of First Amendment rights, but he has problems with what has been going on at this house - loud noises late at night and early morning; he noted he goes by this building every day and has never seen anyone there when they were not having one of these events. Mr. White stated that the Bill of Rights was designed to protect ordinary citizens from the abuse of government; he said he also never sees anyone there except when they are having these group activities and this is not a single family residence, it is a vacant house and common sense says you don't board up your windows or put up a sign that says "No guns, no drugs, no knives". Mr. Easter, adjacent property owner, stated that there is no evidence of this being a single family residence and the neighborhood is not zoned for a clubhouse; he discussed the impacts this clubhouse has had on their neighborhood: 1) Three neighbors who lived in this neighborhood for over 5 years have now moved because of this clubhouse; 2) He has been awakened more than a dozen evenings since last July because of motorcycles coming and going to the clubhouse; 3) When gatherings are held, Cherry Lane is blocked by traffic and party goers; and 4) Numerous families have expressed concern about safety for their children. Mr. Easter noted that three other families were here to speak at the 1st hearing, but couldn't return today because of scheduling conflicts. Ms. Beck, who lives across the street from the clubhouse, stated that the activities conducted at this structure are truly out of compliance with the zoning; she stated that she was afraid to come and testify and there are other neighbors who would love to be here but are too afraid. Ms. White stated that this is not being used as a residence and she is concerned for the health and welfare of their children.

At this time the public comment portion of the hearing was closed and opened for discussion among the Commissioners; Commissioner Disney stated that the evidence given today clearly establishes this use as a private membership clubhouse, which is allowed in the T-Tourist Zone District, and the evidence presented establishes that this use is not compatible in this Zone. Commissioner Rennels agreed that Mr. Spencer has improved this property and she has no issue with the signs, fence, and whether or not he sleeps there, but she does have an issue with, by use and example, this has become a clubhouse.



M O T I O N

Commissioner Rennels moved that the Board of County Commissioners adopt the staff findings and staff recommendation and find, in the matter of the Spencer Clubhouse Violation (#98-ZV1264), find that a zoning violation exists, require immediate compliance, and authorize legal action if compliance is not met.

Motion carried 3-0.

The hearing adjourned at 5:20 p.m.

TUESDAY, APRIL 6, 1999

ADMINISTRATIVE MATTERS

(#467)

The Board of County Commissioners met at 9:00 a.m. in regular session with Frank Lancaster, County Manager. Chair Olson presided and Commissioners Disney and Rennels were present. Also present were: Greg Pickett, Director of Parks and Open Lands; Deni LaRue, Community Information Manager; and Donna Hart, Commissioners' Administrative Manager. Recording Clerk, Sherry Graves.

1. OPEN SESSION FOR PUBLIC COMMENT: No one came today to address the Board during the open session for public comment.

2. APPROVAL OF MINUTES FOR WEEK OF MARCH 29, 1999:

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the Minutes for the week of March 29, 1999, as submitted.

Motion carried 3-0.

3. APPROVAL OF SCHEDULE FOR WEEK OF APRIL 12, 1999:

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners approve the Schedule for the week of April 12, 1999, as submitted.

Motion carried 3-0.

-- Invitations: Ms. Hart reviewed the pending invitations with the Board.



4. APPROVAL OF CONSENT AGENDA:

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the following documents and Petitions for Abatement as listed on the Consent Agenda for Document Review on April 6, 1999:

PETITIONS FOR ABATEMENT AND REFUND OF TAXES, as recommended by the County Assessor, were approved for the following: Dan Adams; John & Lesa Reagan; Thomas & Brenda Crews; Recreational E1quipment, Inc.; Hal Rogers, Inc. (2 Petitions); Edward & Carolyn Schroers; and Gigs Welding & Mfg. Co./c/o Roy Peterson.

MISCELLANEOUS DOCUMENTS: Letter of Support for Juvenile Accountability Incentive Block Grant Program; and Combined Plan for the Job Training Partnership Act for Program Year 1999, One-Stop Center, Wagner-Peyser and Veterans Programs.

LIQUOR LICENSES: County approval for renewal of liquor licenses was granted to: Fox Acres Country Club - 6% - Red Feather Lakes, CO. with Request for Permit for Modification of Premises; Sox & Cubs Pizza & Subs - 6% - Fort Collins, CO; Overland Foods - 3.2% - LaPorte, CO.; Glen Haven General Store - 3.2% - Glen Haven, CO.; Rustic Liquors - 6% - Bellvue, CO.; Rustic Resort - 6% - Bellvue, CO.; and Scorched Tree Bed & Breakfast Permit - Bellvue, CO. Licenses were issued to: Johnsons Corner Campground - 3.2% - Loveland, CO.; National Park Village North - 6% & 3.2% - Estes Park, CO.; and Columbine Lodge - 3.2% - Bellvue, CO.

A99-59 MODIFICATION AND AMENDMENT TO THE LARIMER

EMERGENCY TELEPHONE AUTHORITY INTERGOVERNMENTAL

AGREEMENT BETWEEN LARIMER COUNTY, THE TOWNS OF

ESTES PARK, WELLINGTON, BERTHOUD, AND THE CITIES OF

FORT COLLINS AND LOVELAND (Adds Windsor-Severance Fire

Protection District as a signatory to the IGA, includes CSU within LETA,

etc.)

A99-60 LIBRARY SERVICES AGREEMENT BETWEEN THE BOARD OF

COUNTY COMMISSIONERS AND THE TOWN OF RED FEATHER

LAKES (Equal Access to Library Services for Larimer County Citizens)

A99-61 SERVICE AGREEMENT BETWEEN THE BOARD OF COUNTY

COMMISSIONERS AND OCCUPATIONAL HEALTHCARE

MANAGEMENT SERVICES, INC. (Property, Automobile and

General Liability Self-Insurance Program)


A99-62 SERVICE AGREEMENT BETWEEN THE BOARD OF COUNTY

COMMISSIONERS AND OCCUPATIONAL HEALTHCARE

MANAGEMENT SERVICES, INC. (Workers' Compensation

Self-Insurance Program)

A99-63 ADDENDUM TO THE AGREEMENT BETWEEN THE BOARD OF

COUNTY COMMISSIONERS AND HENSEL PHELPS

CONSTRUCTION CO. (Addendum to the Guaranteed Maximum Price

for the Larimer County Justice Center)

R99-42s RESOLUTION REGARDING RELEASE OF WARRANTY

COLLATERAL FOR LINDEN RIDGE SUBDIVISION, 1ST FILING

Motion carried 3-0.

5. UPDATE ON CCI - PUBLIC INFORMATION COMMITTEE: Ms. LaRue provided an update on the CCI Public Information Committee; she noted that CCI has asked the Public Information Officers from the various counties to create an educational awareness plan for Colorado citizens to take to the Governor regarding what counties are doing with regard to growth issues. Ms. LaRue stated that the Committee met in Denver recently and acknowledged that there is a wide spectrum of issues throughout the State and they agreed to come up with some specific things they could point to that counties are doing to deal with growth issues; she noted that Larimer County has been developing so many interesting tools over the last few years and this is a good opportunity to let people know about them. Ms. LaRue asked the Board if they support this process and project and if she should move forward on it as part of the group and asked them to select some specific things for Larimer County to put forward as next week she is supposed to turn in three projects that Larimer County has done which exemplify what is important to us. The Board discussed connectivity and how the various processes link together; of the eight suggestions listed, the Board chose: 1) Fossil Creek & TDU's; 2) Transportation - I-25 Corridor Plan; and 3) Sylvan Dale Conservation Easement and Open Lands Program for Ms. LaRue to take to the Committee.

6. LIMITED TERM AGREEMENT FOR TWO PARKS' EMPLOYEES: Mr. Pickett requested Board approval to enter into limited term employment agreements with two staff members until December 31, 1999; he noted these employees are working on capital improvement projects and the funding source for their salaries will be from matching grant funds dedicated to capital projects.






M O T I O N

Commissioner Rennels moved that the Board of County Commissioners approve limited term employment agreements for Ron Mattern and Travis Rollins to extend their terms of employment until December 31, 1999; both employees will be converted from temporary to regular status for the duration of their employment agreements and will be classified as Park Maintenance Worker I, grade 138, step 1.

Motion carried 3-0.

WORKSESSION:

-- Mr. Lancaster stated that Mr. Pickett has requested clarification from the Board regarding what percentage of sales tax can be anticipated for the Fairgrounds facility and the length of time for the tax to be imposed; he noted that this information is necessary as they review the different models. Commissioner Disney stated that the Board needs to discuss this at length during a worksession before making a decision on this; they did say that the tax should be in the 15-20 year range, preferably 18 years.

-- Discussion ensued regarding adoption of a parking policy stating that County employees are not to park in the County parking lot; different options were discussed, such as: 1) The Poudre Valley Hospital's policy, which is three strikes and you are out (fired); 2) Assessing a fee; 3) Passing an Ordinance. Mr. Lancaster will discuss the legality of assessing a fee with the County Attorney; he suggested taking one step at a time: 1) Adopt a policy not to park in the parking lot; 2) Give Notice to violators; and 3) Send copy of Notice to Supervisor. Ms. LaRue suggested the possibility of erecting signs that say "Customer Parking Only"; the Board liked the suggestion. Mr. Lancaster will draft a parking policy and send it to the elected officials for their review.

-- Mr. Lancaster questioned whether the Board would like to change Operating Procedure 100.9K (Distribution Lists for Internal Written Communication) Section VIII, which states: "All written communication from Commissioners' departments to any elected officials other than the Board of County Commissioners should only come from the Chair of the Board of County Commissioners. Departments needing to communicate with other elected officials should prepare the information and route it to the County Manager for review and signature by the Board Chair."

M O T I O N

An unanimous motion was made by the Board to approve the elimination of Operating Procedure 100.9K, Section VII regarding Distribution Lists for Internal Written Communication.

Motion carried 3-0.

-- Mr. Lancaster reported to the Board that the Animal Task Force is meeting tonight for the first time.

8. COMMISSIONER REPORTS:

There were no Commissioners Reports today.

At this time, Assistant County Attorney Jeannine Haag, Director of Planning Larry Timm, Director of the Rural Land Use Center (RLUC) Jim Reidhead, and RLUC Technician Brenda Gimeson joined the meeting for Legal Matters.

LEGAL MATTERS:

1. Approval of two Real Estate Contracts: Ms. Haag requested Board approval of two real estate contracts to purchase the Schrader property at South Centennial Drive for $10,000 and to sell Lots 122, 123 and 124 in Glacier View Meadows, 12th Filing P.U.D. to Dennis H. and Pamela L. Olson for $48,500. Ms. Haag noted for the record that Mr. and Mrs. Olson are not related to Chair Olson and are unknown to her.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the contract for the purchase of the Schrader property for $10,000, and authorize the Chair to sign same.

Motion carried 3-0.

C99-11 CONTRACT FOR PURCHASE OF SCHRADER PROPERTY ON

SOUTH CENTENNIAL DRIVE, FT. COLLINS, COLORADO

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners approve the sale of Lots 122, 123 & 124 in Glacier View Meadows, 12th Filing, P.U.D. to Dennis H. and Pamela L. Olson for $48,500, and authorize the Chair to sign same.

Motion carried 3-0.

C99-12 CONTRACT TO SELL LOTS 122, 123 & 124 IN GLACIER VIEW

MEADOWS, 12TH FILING P.U.D. TO DENNIS & PAMELA OLSON

2. Question regarding Assessment of Fine for Parking in County Parking Lot: Mr. Lancaster asked Ms. Haag about the legality of assessing a fine to employees for parking in the customer parking spaces in the County parking lot; Ms. Haag stated that the County cannot assess a fee, but policy could make it a disciplinary matter which would go into the personnel file and, if the parking lot is posted, the car can be towed.

The meeting adjourned at 10:45 a.m.

At this time, the Board moved into a worksession to discuss proposed changes to the Rural Land Use Code, which will be reviewed before adoption during a public hearing.


___________________________________________

CHERYL OLSON, CHAIR LARIMER COUNTY

BOARD OF COMMISSIONERS

MYRNA J. RODENBERGER

LARIMER COUNTY CLERK & RECORDER

( S E A L )

ATTEST:

____________________________________________

Sherry E. Graves, Deputy County Clerk