PROCEEDINGS OF THE BOARD OF COUNTY COMMISSIONERS

Monday, June 21, 1999

LAND-USE PLANNING MEETING

(#486)

The Board of County Commissioners met at 3:00 p.m. in regular session with Rob Helmick, Senior Planner. Chair Pro-Tem presided by conference call from Moab, Utah and Commissioner Rennels was present. Also present were: Carol Evans, Matt Lafferty, and Fred Starr, Planners II; Eve Yanda Bassett, Open Lands Technician; and Jeannine Haag, Assistant County Attorney. Recording Clerk, Sherry Graves.

Chair Pro-Tem Disney noted that the following are consent items and will not be discussed in detail unless requested by the Commissioners or members of the audience. Ms. Evans submitted an amendment to condition #1 of additional wording to be placed on the Final Plat for the Reif Minor Residential Development for further protection for the Devil's Backbone, as recommended by the Parks and Open Lands Department; she noted that the applicant is in agreement with this amendment. Mr. Helmick also changed the collateral amount for the Grayhawk Knolls SIA and Collateral Release from $16,029.80 to $11,345.80.

  1. AMENDED PLAT OF LOTS 4 AND LOT 5A OF SOLDIER CANYON
  2. ESTATES, 1ST FILING (#99-S1421): NW 1/4 - 12-07-70 - ON THE SOUTH

    SIDE OF JACK PINE DRIVE; 7.77 ACRES; 2 LOTS; O-OPEN ZONING

    This is a request for an amended plat to adjust the lot line between Lots 4 and Lot 5A of the amended plat of Lots 5 and 6 of Soldier Canyon Estates, 1st Filing. 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 to adjust the lot line between Lots 4 and Lot 5A of the amended plat of Lots 5 and 6 of Solider Canyon Estates, 1st Filing.

  3. DONALD AND COMPANY PUBLIC SEWER WAIVER REQUEST IN
  4. THE FORT COLLINS UGA; A PORTION OF THE SW 1/4 OF SECTION 9,

    T7N, R68W ON THE NORTH SIDE OF THE HIGHWAY 14 FRONTAGE

    ROAD, 3.4 MILE WEST OF I-25; 40 ACRES; 1 LOT; C-COMMERCIAL

    ZONING

    This is a request to waive the UGA requirements for Public Sewer for a three-year temporary modular office building. Staff findings are: 1) The proposed Waiver from Public Sewer will not cause any adverse impacts to the surrounding properties or their values; 2) The proposed waiver has been submitted in compliance with the Larimer County/City of Fort Collins Intergovernmental Agreement for the UGA, and appropriate signatures and reviews have been obtained for such a request; 3) Approval of the Public Sewer Waiver will not result in any significant impacts to neighboring properties, the natural environment, or the provision of services and infrastructure, and is only temporary (3 years); 4) Property values in the surrounding area would not be adversely affected by this Waiver.

    The staff recommendation is for approval of the request from Donald and Company for a Waiver to the Public Sewer requirements for properties within the Fort Collins GMA, subject to the following condition: 1) This waiver is approved for a period of three years. At the end of three years, the applicant shall remove from the site the modular structure, and any new structures to be constructed will be connected to a public sewer system.

  5. REIF MINOR RESIDENTIAL DEVELOPMENT (#99-S1386): SW 06-05-69;
  6. EAST END OF WEST 32ND STREET, 1/3 MILE EASE OF GLADE ROAD

    (COUNTY ROAD 25); 15 ACRES; 2 LOTS; FA-1 FARMING ZONING

    This is a request for a Minor Residential Development to divide a 15-acre parcel with one existing dwelling into 2 lots of 4 and 11 acres for single family residential use. Staff findings include: 1) The proposed Reif Minor Residential Development (MRD) is consistent with the intent of the Larimer County Master Plan, the requirements of the Comprehensive Zoning Resolution, and the Subdivision Resolution as it pertains to minor residential developments, and is consistent and compatible with existing development in the immediate area; 2) The developer has proposed covenants and other measures to help mitigate impacts on wildlife and protect views of the Devil's Backbone formation. Building envelopes will be platted to keep improvements out of natural hazard areas and to provide a clustering effect for the structures; 3) Based on the application materials and proposed building envelopes and covenants, approval of he Reif MRD, with certain conditions, will not result in significant negative impacts on area properties, provision of services or transportation, or the natural environment.

    The staff recommendation is for approval of the Reif MRD, with the following conditions: 1) The Final Plat for this development shall be consistent with the conditionally approved sketch plan, including notes, building envelope and covenants proposed by the developer. Building envelopes shall be platted for both lots which limit construction to approximately the westernmost 400' of each lot. Boundaries of the wildfire and geologic hazards shall be included on the plat.

    The Final Plat shall also note that "the following items shall be prohibited on the portion of the property including all land including and lying easterly of the rock formation and that portion including and lying westerly of the rock formation and extending to the westerly line of the Geological Hazard designated on the plat as the Rock Fall Hazard Area: A) Construction of any structure or building, barn, corral, shed, storage structure, awning, deck, above ground utility tank; B) Construction or erection of television, radio or any other type of antennae, satellite dish, play equipment, signage, lightposts or other types of lighting on, around or illuminating the rock, or additional fencing. Maintenance and repair of existing and perimeter wire and post style fencing for livestock is permitted; C) Any disturbances or alteration of natural features and land surface by means of grading, excavation or filling, surface and subsurface mining, extraction, removal or destruction of the rock or any vegetation, trees or shrubs; D) Parking or storage of vehicles, equipment or materials of any kind or nature to include dumping of soil, trash, refuse, waste or other materials.

    2) The following notes shall be included on the Final Plat: A) Lot owners should be advised that there is a potential for nuisance conflicts with wildlife (such as mountain lions, coyotes, deer, skunks, raccoons, prairie dogs and snakes). To protect both wildlife and pets, dogs and cats should not be allowed to roam free. Wildlife may be attracted to pet food, bird feeders, livestock feed, trash and barbecue grills. Lot owners should expect these types of interactions and be prepared to address wildlife conflicts if they arise. Larimer County is not able to mitigate nuisances if they develop, although information on managing these issues is available. Information is also available from the Colorado Division of Wildlife; B) 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; C) Prairie dog colonies do 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; D) Farming practices on adjacent properties can produce odors, noise and dust at any time of the day or night, seven days a week. These are a normal part of agriculture and should be expected to occur. Larimer County will not take action to stop or hinder legal agricultural uses in this area; E) This property is served by gravel roads. Lot owners should be aware that dust will be generated from traffic on these roads. F) 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. Lot owners who plan to keep livestock on these lots should contact the Larimer County Cooperative Extension Service for information bout pasture management; G) These lots are subject to covenants (recorded with this plat) that address architectural requirements including building sizes, design and colors and that limit some activities on these lots. These covenants are intended to provide mitigation for wildlife and visual impacts from this development; H) Depending on the location of water meter pits and buildings, multi-story homes on these lots may require pressure booster pumps to provide adequate pressure for domestic water service; I) The following fees shall be collected at building permit issuance for new single family dwellings: Thompson R2-J school fees and Larimer County fees for County and Regional Transportation Capital Expansion and Larimer County Park Fee (in lieu of dedication). The fee amounts currents at time of building permit application shall apply; J) Passive radon mitigation measures shall be included in construction of residential structures on these lots. Results of radon detection tests conducted in new residential structures shall be submitted to the Planning Department prior to issuance of a Certificate of Occupancy. 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; K) A road maintenance agreement pertaining to the common access for these lots is recorded with this plat. These lots are also subject to a road maintenance agreement for 32nd Street which is recorded in the Larimer County Clerk and Recorder's Office at Reception #90033263; L) Expansive soils are present on these lots. Site specific soil testing and engineered footing and foundation plans are required for new construction on these lots; M) Underground utilities are required; 3) Fire protection plans for this development shall be submitted with Final Plat materials. If the developer will not be extending water lines and installing hydrants, then the following note shall be included on the Final Plat: "Residential fire sprinkler systems shall be required for new dwellings on these lots unless written documentation from the Loveland Fire District, and the water service provider serving these lots, is submitted which states that the water lines serving the property have been upgraded and fire hydrants meeting the Loveland Fire District specifications have been installed and are operational. If sprinkler systems will be installed, plans must be approved by the Loveland Fire District prior to building permit issuance"; 4) Road construction plans for the common access and a drainage and erosion control plan and report shall be submitted for review and approval by the County Engineering Department and by the Loveland Fire District (road plans). If applicable, water line and hydrant plans must be approved by the water service provider and the Loveland Fire District. Four copies of the plans shall be submitted with the Final Plat materials. Plans must be approved prior to recording the Final Plat. A Subdivision Improvements Agreement and collateral are required for any improvements needed for the development; these documents shall be submitted with Final Plat materials and approved prior to recording the Final Plat; 5) A road maintenance agreement which addresses the common access serving these lots shall be submitted for recording with the Final Plat; 6) All conditions shall be met and the Final Plat recorded by December 21, 1999 or this approval shall be null and void.

  7. COMMENCEMENT RIDGE SUBDIVISION RELEASE OF COLLATERAL
  8. FOR PUBLIC IMPROVEMENTS (#95-SU0650): 19-05-69 - WEST END

    OF CR 18, NORTH OF WHEATRIDGE COURT

    This is a request for release of collateral for the Commencement Ridge Subdivision. The staff recommendation is for approval of the request to release the Subdivision Improvements Agreement and collateral for the Commencement Ridge Subdivision, with the condition that Warranty Collateral Agreements and warranty collateral in the amount of $5,560.00 be provided by the developer.

  9. GRAYHAWK KNOLLS SUBDIVISION IMPROVEMENT AGREEMENT

AND COLLATERAL RELEASE (#95-MS0806): 26 & 26-09-69 - WEST

SIDE OF CR 15, SOUTH OF CR 66 AND NORTH OF CR 64

This is a request for release of collateral for the Grayhawk Knolls Subdivision. The staff recommendation is for approval of the request to release the Subdivision Improvements Agreements and collateral for the Grayhawk Knolls Subdivision, with the condition that Warranty Collateral Agreements and warranty collateral in the amount of $11,345.80 be provided by the developer.

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners adopt the staff findings and staff recommendations and approve the Amended Plat of Lots 4 and 5A of the Amended Plat of Lots 5 and 6 of the Solider Canyon Estates, 1st Filing (#99-S1421); Donald and Company Public Sewer Waiver Request; Reif Minor Residential Development (#99-S1386); Commencement Ridge Subdivision Release of Collateral for Public Improvements (#95-SU0650); and Grayhawk Knolls Subdivision Improvements Agreements and Collateral Release (#95-MS0806); each, with the conditions as outlined.

Motion carried 2 - 0.

Mr. Helmick requested that the RS & S Partnership item be removed from the agenda. Brad March, attorney for the applicant, explained the reason for the request; he noted that there are two structures proposed on the property and when the applicant applied for their second building permit, staff would not approve two principal uses on the site. Mr. March stated he talked to Mr. Helmick and submitted a request for an exemption and noted that staff is comfortable with an agreement that provides that they would not be able to get a Certificate of Occupancy on the second building until the property had been subdivided. Mr. March stated that there is a general concern about the possibility of the subdivision not being approved. Ms. Haag stated that the issue is complicated and there are a number of issues that need to be explained to the Board and discussed; she suggested that the Board discuss this matter in Executive Session during Legal Matters tomorrow and, in the meantime, continue the item until next week.

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners continue the RS & S Partnership Conditional Exemption until Monday, June 28, 1999.

Motion carried 2 - 0.

The meeting adjourned at 3:20 p.m.

TUESDAY, JUNE 22, 1999

ADMINISTRATIVE MATTERS

(#487)

The Board of County Commissioners met at 9:00 a.m. in regular session with County Manager Frank Lancaster. Chair Olson presided and Commissioners Rennels and Disney were present. Also present were: Mike Powers, Director of Culture, Library, and Recreation Services; Marty Hefferman, Assistant Director of Culture, Library, and Recreation Services; Brenda Carnes, Library Director; Mark Peterson, Project Engineer; Deni LaRue, Community Information Manager; Donna Hart, Commissioners Office Administrative Manager; and Gael M. Cookman, Recording Clerk.

1. OPEN SESSION FOR PUBLIC COMMENT: No one addressed the Board during Open Session for Public Comment.

2. APPROVAL OF MINUTES FOR WEEK OF JUNE 14, 1999:

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the Minutes for the week of June 14, 1999.

Motion carried 3-0.

3. APPROVAL OF THE SCHEDULE FOR THE WEEK OF JUNE 28, 1999:

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners approve the schedule of the week of June 28, 1999.

Motion carried 3-0.

- Ms. Hart reviewed pending invitations with the Board.

4. APPROVAL OF CONSENT AGENDA:

M O T I O N

Commissioner Disney moved for approval of the following documents as listed on the consent agenda on document review for June 22, 1999:

ACTION ITEMS: 1. Waiver of Personnel Policy to increase the Motor Vehicle Manager, Judy Baird, from Step 3 to Step 5. 2. Waiver of Personnel Policy to convert two (2) Temporary Employees at the HUB to Limited Term Employees without posting job notices. 3. Employment and Training Services request for an EDI - Employment/Program Development Specialist I Position. 4. Employment and Training Services request for an CMI - Employment Coach/Case Manager I Position. 5. Mental Health request for a Senior Program Worker Position.

MISCELLANEOUS DOCUMENTS: Jewett Amended Exemption Plat; & Hersh MRD Plat.

LIQUOR LICENSES: License approval was granted to: J.J.'s Lounge - 6% - Fort Collins, CO - CHANGE OF OWNERSHIP TO CORPORATION WITH WAIVER OF HEARING; LaChaumiere - 6% - Lyons, CO - CHANGE OF OWNERSHIP WITH WAIVER OF HEARING; Conoco No.06381 - 3.2% - Bellvue, CO; & Conoco No. 06382 - 3.2% - Laporte, CO.

A99-114 AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND ROBERT RAMSAY FOR THE USE OF DONATED FUNDS (for Open Space at Pinewood Springs)

A99-115 AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND WATKINS CONSTRUCTION COMPANY FOR FAIRGROUNDS IMPROVEMENTS

A99-116 LEASE AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE CITY OF FORT COLLINS FOR RESIDENTIAL FACILITY (Mental Health)

A99-117 AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE CITY OF FORT COLLINS FOR HUMAN RESOURCE GRANT ALLOCATION PROGRAM

A99-118 AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND DOHN CONSTRUCTION, INC. FOR THE LARIMER COUNTY PARKS AND OPEN LANDS VISITOR CENTER

A99-119 ADDENDUM TO AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND ANLANCE PROTECTION FOR SECURE TRANSPORTATION SERVICES (extension of existing services to include security at HUB)

C99-35 COMMUNITY MENTAL HEALTH CONTRACT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE STATE OF COLORADO FOR THE USE AND BENEFIT OF THE DEPARTMENT OF HEALTH CARE POLICY AND FINANCING (provision for Home Base services)

C99-36 INTENSIVE SUPERVISION CONTACT PAROLE (ISP) CONTRACT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE STATE OF COLORADO FOR THE USE AND BENEFIT OF THE DEPARTMENT OF CORRECTIONS AND LARIMER COUNTY COMMUNITY CORRECTIONS

C99-37 SERVICE CONTRACT BETWEEN THE BOARD OF COUNTY COMMISSIONERS, LARIMER COUNTY DEPARTMENT OF HUMAN SERVICES AND DR. MACK GREEN, L.L.C. (provision for psychological evaluations on site for the child welfare)

C99-38 CHANGE ORDER LETTER #2 FOR CONTRACT BETWEEN THE BOARD OF COUNTY COMMISSIONERS, THE DEPARTMENT OF PUBLIC SAFETY, AND THE DIVISION OF CRIMINAL JUSTICE (notification of change to the maximum amount payable)

D99-15 PERMANENT DEED OF EASEMENT FOR THE USE OF A STORMWATER DRAINAGE FACILITY FROM PHYLLIS A. SALINO

R99-59s FINDINGS AND RESOLUTION APPROVING THE VACATION OF UTILITY EASEMENT IN HIGHLAND PLACE SUBDIVISION

Motion carried 3-0.

5. LIBRARY FUNDING DISCUSSION WITH THE CITY OF FORT COLLINS: Mr. Lancaster noted that recently the City of Fort Collins Council questioned whether the County should be contributing additional funds to the municipal library system in order to cover the increasing cost of county citizens using the city libraries; he explained that Larimer County is the only county in the State that assists in funding a municipal library, and due to budget restraints, Larimer County may have to discontinue funding for the municipal libraries altogether. Ms. Carnes noted that they are currently funded by the City of Fort Collins; however, the City Council has placed the library system on their "B" list for budgetary items, which means it does not compete well with other city funded needs. Chair Olson noted that the County does not charge the City when City residents get booked into the Detention Center, or require the use of Health and Human Services; she then suggested that they consider forming a Library District to help with the funding issue. Some discussion followed regarding this, and the Board indicated that they would support their efforts should they decide to pursue the creation of a Library District. Mr. Lancaster noted that he will be meeting with the librarians and he will discuss the possibility of phasing out county funding for the municipal libraries, and also remove some of the requirements to provide for outlying book drop sites as these can be very costly to the libraries.

 

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners approve of the Library Services Agreement, effective from January 1, 1999, to and through December 31, 1999.

Motion carried 3-0.

A99-120 LIBRARY SERVICES AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE CITY OF FORT COLLINS

6. LEGAL MATTERS: At this time County Attorney George Hass and Assistant County Attorney Jeannine Haag joined the meeting for Legal Matters. Ms. Haag requested Board approval for the sale of Lot 80, Crystal Lakes Subdivision 13th Filing, PUD, and Lots 57 and 58, Glacier View Meadows Subdivision, 12th Filing, PUD.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners authorize the Chair to sign the Settlement Statement and closing documents pertaining to the sale of Lot 80, Crystal Lakes Subdivision 13th Filing, PUD, and Lots 57 and 58, Glacier View Meadows Subdivision, 12th Filing, PUD.

Motion carried 3-0.

R99-60g RESOLUTION FOR CONVEYANCE BY BOARD OF COUNTY COMMISSIONERS OF LARIMER COUNTY, COLORADO PERTAINING TO THE SALE OF LOT 80, CRYSTAL LAKES SUBDIVISION, 13TH FILING, PUD

R99-61g RESOLUTION FOR CONVEYANCE BY BOARD OF COUNTY COMMISSIONERS OF LARIMER COUNTY, COLORADO PERTAINING TO THE SALE OF LOTS 57 AND 58 GLACIER VIEW MEADOWS SUBDIVISION, 12TH FILING, PUD

Mr. Hass requested Board approval for an Interim Agreement with the Neenan Company for preliminary work on the Sheriff and Jail Administration Building.

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners approve of the Interim Agreement with the Neenan Company for preliminary work on the Sheriff and Jail Administration Building.

Motion carried 3-0.

A99-121 INTERIM AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE NEENAN COMPANY FOR WORK ON THE LARIMER COUNTY SHERIFF AND JAIL ADMINISTRATION BUILDING

Mr. Hass noted that Barry Nordell has registered a complaint against the Board of County Commissioners, the Larimer County Sheriff's Department and former Sheriff Richard Shockley; he requested the Board authorize the County Attorney to Defend both Larimer County and Richard Shockley individually, and to be responsible for any judgement or settlement that may result from the claim against Mr. Shockely individually.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners authorize the County Attorney to defend Richard Shockley individually and to be responsible for any judgement or settlement that may result from a claim against him in his individual capacity.

Motion carried 3-0.

Mr. Lancaster noted that he has received a number of noise complaints regarding the Canyon Inn Tavern in the Horsetooth Reservoir area. Some discussion ensued on how best to deal with this issue; the Board decided to have the County Attorney draft a letter to invite the owner to Public Comment during Administrative Matters so the Board can discuss the noise issue with the owner.

M O T I O N

Commissioner Rennels moved that the Board go into Executive Session at 10:25 a.m. to discuss contract negotiations.

Motion carried 3-0.

Executive Session ended at 11:30 a.m. with no action taken. At this time Commissioner Rennels left the meeting.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners continue the meeting at 1:30 p.m.

Motion carried 2-0.

The Board of County Commissioners reconvened 1:30 p.m. in regular session with County Manager Frank Lancaster. Chair Olson presided and Commissioner Disney was present. Also present were: Mark Peterson, Project Engineer; Deni LaRue, Community Information Manager; and Gael M. Cookman, Recording Clerk.

7. RESOLUTION REGARDING FUNDING WEST VINE BASIN DRAINAGE IMPROVEMENTS: Mr. Lancaster explained that after consulting with the Budget Manager, they have determined that the General Fund can make the loan to accommodate this request which was previously approved by the Board.

M O T I O N

Commissioner Disney reaffirmed the approval to fund the West Vine Basin Draining Improvement Project.

Motion carried 2-0.

R99-62g RESOLUTION REGARDING FUNDING OF THE WEST VINE BASIN DRAINAGE IMPROVEMENTS

8. AMENDMENT TO TRANSIT DEVELOPMENT PLAN: Mr. Peterson requested an amendment to the Transit Development Plan to allow the Boulder Special Transit to start providing service to Estes Valley two days a week. Mr. Peterson explained that this will allow them to apply for a portion of their funding from a 5311 Grant which is federal money that is allocated to CDOT for rural transit services; he noted that they have to be part of a transit plan to apply for the Grant. Some discussion followed.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve an amendment to the Transit Development Plan (TDP) for Rural Larimer County to allow Boulder Special Transit to provide services to Estes Park.

Motion carried 2-0.

9. LETTER TO STATE OPPOSING CHANGE TO EBT (ELECTRONIC BENEFIT TRANSFER) PAYMENT ACCOUNTING: Mr. Lancaster requested board approval on a draft letter to the State of Colorado opposing the recommendations of the EBT sub-committee which would require counties to recognize both the expenditures and revenues associated with the full value of the EBT authorization; he noted that for the past two years the State has been giving food stamp money directly to the individuals rather than passing the money through the county, this in turn has reduced the county budget by approximately $14,000,000. Mr. Lancaster noted that the State would now like to put the money back on the county books for accounting purposes; however, if this happened it would exceed the present TABOR limit and the county would have to cut its current budget by $10,000,000.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the letter to the State of Colorado Department of Human Services opposing change to EBT payment Accounting.

Motion carried 2-0.

10. RESCIND AND RE-APPROVE DISTRICT ATTORNEYS SALARY RESOLUTIONS: Mr. Lancaster explained that there were a couple of errors on the resolutions that were passed last week with regard to the District Attorneys' salaries; he requested Board approval on the revised editions of these resolutions.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve rescinding and re-approving of the District Attorneys Salary Resolutions.

Motion carried 2-0.

R99-63g RESOLUTION ESTABLISHING COMPENSATION FOR DISTRICT ATTORNEY APPOINTED OFFICIALS (Deputy District Attorney Andrew Lewis)

R99-64g RESOLUTION ESTABLISHING COMPENSATION FOR DISTRICT ATTORNEY APPOINTED OFFICIALS (Deputy District Attorney J. Andrew Taylor)

  1. WORKSESSION: Mr. Lancaster explained that the City of Fort Collins would like to relocate some rare white prairie dogs to the Cathy Fromme Prairie and they wanted to be sure that the County had no objection to this; he explained that since the properties involved are all within the City limits, the City of Fort Collins really had no duty to request permission from the County, but the Division of Wildlife encouraged them to do so and they are complying with that request. CONSENSUS OF THE BOARD is to approve a letter supporting the City of Fort Collins' efforts to relocate the prairie dogs to the Cathy Fromme Prairie.

12. COMMISSIONER REPORTS: There were no reports given.

Meeting adjourned at 2:00 p.m.

 

 

 

 

WEDNESDAY, JUNE 23, 1999

AMENDMENT TO PROPOSED LARIMER COUNTY

ROAD MANUAL HEARING

(#488 & 489)

The Board of County Commissioners met at 6:30 p.m. in regular session with Assistant County Attorney Jeannine Haag. Chair Olson presided and Commissioners Rennels and Disney were present. Also present were: Scott Cornell, Environment Site & Access Specialist; Russ Legg, Chief Planner; Marc Engemoen, Director of Public Works; Mark Peterson, County Engineer; Tony Simons, Wildfire Coordinator; and Gael M. Cookman, Recording Clerk.

1. AMENDMENT TO PROPOSED LARIMER COUNTY ROAD MANUAL: REQUEST TO ADD APPENDIX G: DESIGN AND CONSTRUCTION STANDARDS FOR PRIVATE LOCAL ACCESS ROADS.

This is a request to add Appendix G: Design and Construction Standards for Private Local Access Roads, to the proposed Larimer County Road Manual; he noted that the standards would establish minimum requirements for the design and construction of roads on private property constructed to access residences. Mr. Cornell stated that the minimum requirements would address emergency access, engineering, and erosion and water quality issues, and the standards would apply to private roads serving more than one residence or accessing a business that serves the general public; he also noted that the grading standards that were originally included in this proposal are not being considered at this time. Mr. Cornell explained the Planning Commission had six concerns regarding this proposal: 1) Concern for trigger mechanism(s); 2) Flexibility in variances/exception process; 3) Compatibility with PLUS regarding stream buffers and wetlands; 4) Coordination with the Fire Code; 5) Private roads to single residents of extreme length, crossing extreme conditions - would not necessarily be exempted; 6) Responsibility for cost of compliance.

Staff findings include: The Engineering Department staff finds that adoption of the addition of these standards will be beneficial in promoting construction of roads which adequately meet the minimum requirements for emergency access, are reasonably maintainable and address concerns of soil erosion and water quality. The Planning Commission recommendation is for denial of the request to add appendix G to the Road Standards Manual until it is re-written to address issues raised and brought back to the Commission. Staff recommendation is for approval of the addition of these standards to the Larimer County Road Standards.

A brief discussion followed regarding stream crossings and county road standards for setbacks from the steams. Mr. Peterson explained that the County uses CDOT standards for constructing roads.

Chair Olson opened the meeting for public comment and the following persons addressed the Board in opposition to the proposal: John Smethers, Dan Stroh, Tom Jackson, Evelyn King, Greg Wild, Doug Kindsfatter, Ed Kitchen, and Joyce Kitchen. The following concerns were raised by the above listed individuals: 1) Opposition to the standards because the roads in questions are private and the County should not be trying to regulate private roads. 2) Question was raised - "How many private land owners have asked for the road standards to be implemented?" 3) Encouragement to make this voluntary with incentives and education - do not make mandatory. 4) County roads are often not maintained to these standards, so the County should not require private roads to meet the standards either. 5) The belief that the County is trying to circumvent Senate Bill 35 which was enacted to keep government out of the 35 acre parcel intricacies. 6) Concern regarding the advertisement for this meeting, and belief that it was misleading as it stated that access-grading standards would be discussed rather than private road standards. 7) Concern regarding the specifications for gravel roads. 8) Concern with requirements for use of sidewalks. 9) Acknowledgement that most roads are already constructed to minimum standards because the market demands it. Ted Heeley addressed the Board noting that he is not opposed to standardization of the main road into subdivisions as he feels the roads should be of minimum standard for safety purposes.

Under Staff response, Mr. Cornell explained that he was hired over two years ago to work on this project, but does not have a firm count of how many landowners had asked for these regulations. Commissioner Disney explained that the Engineering Department was asked to look into this problem a few years back when the Board at that time was receiving complaints about landowners making cuts in the hogbacks and there was concern for the health and safety issues surrounding this.

Under discussion Commissioner Rennels stated that she was having a difficult time establishing exactly what problem they would be fixing if they approved of this request; she noted that the explanation from Commissioner Disney about the cuts in the hogbacks made sense, but she really did not see a problem with access roads into subdivisions. Commissioner Rennels recommended the possibility of using Appendix G as a guideline for the next year or so to monitor the situation to see how much of a problem the private roads cause. Commissioner Disney stated that regulations are written for the 1% of the population that break the rules and try to cut corners in order to save money; he noted that most of those in opposition stated that they already build the roads to minimum standards, therefore, these regulations should not affect them. Commissioner Disney also noted that although the roads are private, if they are not built to allow for emergency vehicle access, then a public health a safety issue could arise. Commissioner Disney stated that he would not be opposed to Commissioner Rennels' idea of monitoring those roads that do not require access off a County Road, but all roads that do require access off of a County Road and those applications that are submitted through the Rural Land Use Process should be required to meet the minimum standards when constructing a private road.

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners continue this hearing to July 19, 1999 at 3:00 p.m., and direct staff to re-draft Appendix G of the proposed Larimer County Road Manual to reflect the changes that would require those roads requiring access off of a County Road, and all applicants using the Rural Land Use Process to adhere to Appendix G of the Larimer County Road Manual when constructing a private road.

Motion carried 3-0.

Meeting adjourned at 9:00 p.m.

___________________________________________

CHERYL OLSON, CHAIR LARIMER COUNTY

BOARD OF COMMISSIONERS

MYRNA J. RODENBERGER

LARIMER COUNTY CLERK & RECORDER

( S E A L )

ATTEST:

 

___________________________________

Gael M. Cookman, Deputy County Clerk

 

___________________________________

Sherry E. Graves, Deputy County Clerk