Loveland Bike Trail
 

PROCEEDINGS OF THE BOARD OF COUNTY COMMISSIONERS

Monday, July 19, 1999

BOARD OF EQUALIZATION

The Board of County Commissioners met at 3:00 p.m. to review and approve the recommendations and decisions made by the Board of Referees for the hearings held on July 15 and July 16, 1999.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the recommendations and decisions made by the appointed Board of Referees for the Board of Equalization hearings held on July 15 and July 16, 1999.

Motion carried 3 - 0.

LAND-USE PLANNING MEETING

(#498 & #499)

The Board of County Commissioners met 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: Jim Reidhead, Director Rural Land Use Center; Russ Legg, Chief Planner; Rob Helmick, Senior Planner; Carol Evans, Planner II; Scott Cornell, Environmental Site & Access Specialist; Doug Ryan, Environmental Health Planner; Marc Engemoen, Director Public Works; Mark Peterson, County Engineer; Rusty McDaniel, Project Engineer; and Jeannine Haag, Assistant County Attorney. Recording Clerk, Sherry Graves.

Mr. Reidhead noted that the applicant for the Huang Preliminary Rural Land Plan has requested that this item be tabled until September 27, 1999.

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners table the Huang Preliminary Rural Land Plan (#98-RLP0023) until 3:00 p.m. on September 27, 1999, as requested by the applicant.

Motion carried 3 - 0.

Chair Olson noted that the following are consent items and will not be discussed in detail unless requested by the Commissioners or members of the audience.

  1. LITTLE MINOR RESIDENTIAL DEVELOPMENT (#97-EX`1049): NW 1/4
  2. 20-4-69 - SOUTH SIDE OF COLORADO HIGHWAY 56 (COUNTY ROAD 8)

    2 1/2 MILES WEST OF BERTHOUD; 16.99 ACRES; 2 LOTS; FA-1 FARMING

    ZONING

    This is a request for a minor residential development to divide a 16.99 acre parcel with one existing dwelling into 2 lots of 8.28 and 8.71 acres for single family residential use. Staff findings include: 1) The proposed Little 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) Approval of the Little 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 Little MRD, with the following conditions: 1) The Final Plat for this development shall be consistent with the conditionally approved sketch plan, including shared access specifications, plat notes and building envelopes meeting fire protection limits and for protection of wetlands, Right-of-way for Colorado Highway 56 to provide a half right-of-way of 75' shall be dedicated on the Final Plat; easements of record and as requested by utility providers must be shown on the Final Plat; 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 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 nuisance 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) 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 about pasture management; f) 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 current at time of building permit application shall apply; g) 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; h) Larimer County will not maintain the common access road. A road maintenance covenant pertaining to the common access for these lots is recorded with this plat; i) Engineered footing and foundation plans are required for new construction on these lots; j) Underground utilities are required; k) If any work on this property results in the placement of dredged or fill material or excavation in the wetlands as delineated on this plat, the property owners must contact the US Army Corps of Engineers to obtain any applicable Department of the Army permits prior to beginning such work; 3) Improvements required for this development, including road construction and any utility extensions and fire hydrants, are the responsibility of the developer. Construction plans for the common access road must be approved by County Engineering and the Berthoud Fire District prior to recording the Final Plat; plans for water utilities must be approved by the Little Thompson Water District and the Berthoud Fire District. Plans for the access to Colorado Highway 56 must be approved by the Colorado Department of Transportation and an access permit must be obtained from that agency. Six copies of the road and utility plans shall be submitted with the final plat materials. A Subdivision Improvements Agreement and approved collateral must be submitted and approved prior to recording the Final Plat (4 copies); 4) The following items must be submitted with final plat materials for review and approval prior to recording the Final Plat: a) A road maintenance covenant which addresses the common access serving these lots (3 copies); b) A final drainage and erosion control plan and report (4 copies); c) A current letter of commitment from Little Thompson Water District for domestic service/fire protection (2 copies); 5) All conditions shall be met and the Final Plat recorded by January 19, 2000 or this approval shall be null and void.

  3. HIRSCH MINOR RESIDENTIAL DEVELOPMENT APPEAL (#99-S1432):
  4. 31-06-68 - ON CR 11C - 1/4 MILE SOUTH OF CR 28 (57TH ST.)

    63.58 ACRES; 3 LOTS; FA-FARMING ZONING

    This is a request to allow processing of a three-lot minor residential development. Staff findings are: 1) The Minor Residential Development process was amended in February of 1993 to limit the types of parcels that are eligible to be divided without going through the full subdivision process; 2) full subdivision process is available to divide parcels that are not eligible for consideration under the Minor Residential Development process. A subdivision request on this property would be reviewed by the Larimer County Planning Commission prior to hearing with the County Commissioners; 3) This request will not result in more than two building sites being created; 4) This request if approved would expedite the purchase of open spaces already committed to by the State of Colorado and the City of Loveland; 5) Staff does find circumstances or conditions of this property to be sufficient to justify waiver of the regulations. The staff recommendation is for approval of the requested appeal to the adopted Minor Residential Development standards, and allow the Hirsch Family Trust to submit an application, as described in their application, for a minor residential development on this property.

    M O T I O N

    Commissioner Disney moved that the Board of County Commissioners adopt the staff findings and staff recommendations and approve the Little Minor Residential Development (#97-EX1049) and the Hirsch Minor Residential Development Appeal (#99-S1432); each, with the conditions as outlined.

    Motion carried 3 - 0.

  5. CONTINUATION OF THE AMENDMENT TO THE PROPOSED LARIMER
  6. COUNTY ROAD MANUAL

    This is a request from the Larimer County Engineering Department to add Appendix G to the Design and Construction Standards to the Larimer County Road Standards manual for private local access roads. It was noted that these minimum design standards are not intended to prevent development of private property, but rather to encourage construction of roadways which fit the terrain while providing safe, functional roads. Staff findings are that the Engineering Department staff finds that adoption of the addition of these minimum 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 was for denial of the request to add appendix G to the Road Standards Manual until re-written to address issues raised and brought back to the Commission; the County staff recommends approval of the addition of these minimum standards to the Larimer County Road Standards. A public hearing on this issue was held on June 23, 1999 and was continued until today to allow time for staff to re-draft Appendix G to reflect changes that would require those roads requiring access off a county road, and all applicants using the Rural Land Use process, to adhere to same when constructing a private road. Chair Olson noted that today's hearing will be for discussion only and no further public comment will be taken.

    Mr. Cornell stated that initially staff recommended approval of the proposed design and construction standards, as written, with a second option for phased implementation; i.e., a designated period of voluntary commitment to these standards with a review period, and a third option offered by the Board was to propose regulation of multiple access roads where they require a County Access Permit, and to use the standards as design guidelines for all other multiple accesses, as well as single access permits, on a voluntary program. Ms. Haag has re-written parts of the proposed standards to try and address those options; she pointed out to the Board that she also made some changes to the Enforcement Section (G.1.B.3) because the initial draft of the regulations stated that the enforcement procedures would be the same as those included in the Larimer County Land Use Code. However, since that document hasn't yet been drafted, the County should not be referring to procedures in a document that hasn't been adopted; Ms. Haag noted she used some fairly general language that says that enforcement is done pursuant to existing Statutes or Case Law. Commissioner Rennels stated that she thinks these standards need to be voluntary for a period of time until more information is obtained and the information regarding the implication to agriculture needs to be looked at closer; she noted that she thinks they are excellent minimum standards for the Rural Land Use process, but she has a big problem with a variance process that comes before the Board which has no basis in fact to make a decision. Mr. Cornell stated that if there is an existing road accessing a farmhouse on a large parcel and the property owner proposed adding housing and the road accessing that housing was coming off a pre-existing road, it would be defined as grandfathered growth.

    M O T I O N

    Commissioner Rennels moved that these minimum design standards and construction become voluntary for one and one/half years, at which point the County reviews them as far as the mandatory necessity for them, and they become the standards for the Rural Land Use Center.

    Discussion among the Commissioners followed; Commissioner Disney stated that the Board has had a lot of discussion on this matter and if he would have thought that there wasn't a problem, he would never have supported all the work and investment of time and money that has gone into Mr. Cornell's efforts to develop these standards. Commissioner Disney noted that he sees the enforcement of minimum standards the same as the building code and to require minimum standards for the protection of property and lives is a responsible act of this Board. Chair Olson concurs with Commissioner Disney, stating that it is a matter of rights versus responsibilities.

    Motion failed 1 - 2; Chair Olson and Commissioner Disney dissenting.

    Chair Olson stated that she would like to go back to the minimum standards the way they were written originally, as recommended by the Task Force, and with the proposed changes offered at the June 23, 1999 hearing, before Ms. Haag's re-write, except for the Enforcement Section (G.1.B.3), which is to read as follows:

    Enforcement: Construction of a multiple access road without proper permitting and certification is a violation of this regulation. If the road is not in compliance, proper permitting and reconstruction of the road to meet the standards as described in this regulation must be completed before its use as a Multiple Access Road. The County may enforce this regulation by any legal or equitable means recognized by the Colorado Revised Statutes, Colorado Court Rules, and/or common law. Remedies may include, but are not limited to, denial, withholding or revocation of permits, certificates or other forms of authorization to use or develop any land, structure or improvements; and initiation of court action for injunctions, abatement, mandamus, or damages. No Larimer County Access Permit to access a public County road shall be granted for a private multiple access road unless it is shown to be constructed to meet the minimum requirements of this regulation.

    M O T I O N

    Commissioner Disney moved that the Board of County Commissioners approve the proposed Appendix G - Design and Construction Standards for Private Local Access Roads as originally proposed, including the proposed changes to Section G.1.B (Administration) and Section G.7.J (Stream Buffer Zone) submitted at the hearing on June 23, 1999, with an exception to include the re-written section (G.1.B.3) on Enforcement, as submitted by Ms. Haag today and outlined above.

    Motion carried 2 - 1; Commissioner Rennels dissenting.

    Mr. Cornell asked the Board for the date of the adoption of these standards; discussion followed.

    M O T I O N

    Commissioner Disney moved that the Board of County Commissioners designate August 23, 1999 as the effective date for adoption of these minimum design and construction standards.

    Motion carried 2 - 1; Commissioner Rennels dissenting.

    At this time Commissioner Rennels left the hearing because of a conflict of interest with the next item.

  7. STEGNER FARM PIT SPECIAL REVIEW (#98-Z1281): NE 1/4 - 33-08-69 -

SOUTHWEST CORNER OF CR 54G AND TAFT HILL ROAD; 80 ACRES;

FA-1 FARMING AND C-COMMERCIAL ZONING

This is a request for Special Review to allow gravel extraction on 40+ acres of an 80-acre parcel including processing over a 7-10 year period, with concurrent reclamation. Mr. Helmick described the request, location, and reclamation plan and reviewed the major concerns and issues; he noted that the impact on ground water is of concern to nearby property owners and to the Taylor and Gill ditch. Staff findings include that the Larimer County Zoning Resolution sets forth the standards for review and approval of a Special Review as follows: 1) Whether the proposal complies with the intent and purposes of this Resolution, and whether it complies with the intent and purposes of any comprehensive plan enacted by any governmental authority affecting the property in question. With the conditions proposed, and the mitigation measures indicated, the proposal complies with the intent and purposes of the resolution. The site is designated as a commercial mineral deposit and therefore must be mined before any other use could occur on the property. The site is designated as entry way to the LaPorte area, the mining and reclamation of the property, and retention of the structures and vegetation along CR 54G will serve to maintain the key aspect of the property with respect to that designation; 2) Whether or not the proposal is harmonious with the surrounding neighborhood. The general effect the proposal may have on the neighborhood. Mining is a potentially disruptive use. With the mining plan, the applicants have reduced the impacts of the use to an acceptable level. These measures include the setbacks, construction of berms in key locations, the hours and days of operation, and the fact that this is a temporary use; 3) The general effect the proposal may have on property values. There is no information available to indicate that the mining operation will adversely impact property values. There is some information which would indicate that the long term, post mining, values would actually increase; 4) Whether or not the proposal would impair the public health, welfare, property, and safety by creating undesirable traffic congestion, undesirable sanitary conditions, overburdening of utilities or adverse environmental influences in the area. The applicant has presented a traffic study and will comply with the recommendations of the study to assure traffic safety, the existing road is structurally adequate, the impacts of noise and dust will be minimized and the applicant is not disrupting either the cultural or environmental resources of the site; 5) The recommendation, if any, from an appropriate planning or other agency of a governmental unit near the property in question. The applicant will comply with the recommendations of referral agencies and no agency has indicated a conflict or issue with the use that has not been addressed by the applicant; 6) The anticipated time table for completion of the proposed use. The proposed time frame of 7-10 years for mining and reclamation of site is not excessive and the impacts of the use are temporary.

The Planning Commission/Staff recommendation is for approval of the Stegner Pit Special Review, with eight conditions; Mr. Helmick submitted a letter dated July 13, 1999 from Banks and Gesso outlining responses and containing a summary of agreements which the applicant has proposed to the Planning Commissions' concerns and conditions. Mr. Helmick stated that several adjacent homeowners have commented on this proposal regarding concerns of noise, dust, traffic, ground water levels, etc. Discussion ensued regarding a condition recommended by the Planning Commission requiring the applicant to carry a bond for the protection of water related issues to the neighbors, subject to the County Attorneys interpretation. Ms. Haag was asked about this condition and she responded that the Mine Land Reclamation Act is clear that... "no governmental entity, including the County, can require any performance or financial warranty of any kind for mining operations..." Therefore, it is her opinion that the County cannot require the applicant to post a bond. Commissioner Disney asked if solution #6 in the applicant's letter regarding the installation of six observation wells and monthly monitoring of groundwater is enforceable and who is going to pay for the monitoring. Mr. Peterson stated that he has concerns regarding the way the solutions are written.

Mr. Paul Banks, representative for the applicants, introduced Mr. & Mrs. John Stegner, Mr. & Mrs. Gary Stegner, Martin Lind from Poudre Tech Aggregates, and Norm Roche from Goldens Concrete Company. Mr. Banks stated that they are in basic agreement with the recommendation and conditions of the Planning Staff and have been working with Engineering the past five or six weeks trying to resolve all the concerns. John Stegner stated that he and his brother are trying to plan for the future and determined that the highest and best use for this location was extraction of gravel and creation of these sealed reservoirs; he noted that they feel this operation will have a positive impact on the area and stated that ultimately they will be providing the County a lot of open space along the entry corridor into LaPorte. Mr. Stegner stated that Mr. Lind will be intimately involved in the reclamation of this property; he noted that LAPAC has been aware of what they are trying to do every step of the way and most neighbors are in agreement because they are going to try and mitigate flooding in the neighborhood. Mr. Stegner informed the Board that their family has a history of stewardship in the community and they have worked with the staff and the neighbors to try and resolve the issues. Mr. Banks stated that the Division of Water Resources and the Division of Minerals and Geology, who both govern, review, and regulate water issues, are recommending approval of this proposal. Mr. Banks discussed the surface drainage; he noted they have committed to not interfere with the County's use of the drainage ditch in terms of storm water flow and runoff from the road and he stated that the monitoring will be paid for by the applicant. In summary, Mr. Banks stated that he feels that with the improvement to the ditch, improvement to the culverts, the maintenance of the ditch over a period of time, and after the initial dewatering, there would be an improvement in the flow of water in the ditch, and he feels there will not be any negative impacts of the ground water in the area. Questions from the Board regarding the ground water and discussion followed.

At this time the hearing was opened for public comment; Bill Seaworth, who resides south of the proposed mining operation, stated that he has a State commercial fishing license and wants a separate bond aside from the State because if the water level in the lake drops a few feet, he will lose his fish. Darwin Roe, who lives directly across from Bill Seaworth, southeast from the plan, noted that most of his concerns have been addressed, but he is also concerned about possible flooding and road access; he noted that arrangements need to be made to take care of the neighbors. Mariam Flood and Jim Gallenstein, who own property one mile east of the subject property, cited concerns regarding whether or not the dewatering operation will have a big effect on their recreational-use lake, which is a key part of their livelihood; they noted they are extremely concerned about fluctuating water levels. Ms. Flood stated that there are other developments in the area and she asked if anyone is looking at the big picture and the drainage issue; she expressed concern about the traffic and asked if there will be sales from this site. Mr. Lind noted that Senate Bill 120 addresses the issue of preventing injury to the river; he noted that this application conforms to the 1980 rules, which require them to set much larger bonds that take into consideration water, ground water, surface water, etc. Mr. Lind discussed the slurry wall and noted that it goes in before any mining operation starts; he discussed a 1200-acre project in Windsor with the same reclamation process and noted they have received no complaints. Mr. Banks addressed Mr. Seaworth's concern regarding change of ownership, noting that under the County's zoning, the special use goes with the land; he noted that they will monitor the lake levels in the Seaworth Lake and those monitoring records will be posted in their office for public viewing. Mr. Banks also offered to monitor the lake levels in Ms. Flood and Mr. Gallenstein's lake. Concerning the question about local sales, he noted they will be less than 5%, as the bulk of the material will go to a concrete batch plant. There was much discussion regarding the direction of ground water flow and Mr. Lind submitted two pages of mitigation measures, if there is a decrease in water. Chair Olson asked Ms. Haag to discuss the Seaworth's issue about the bond, which she did; Mr. Lind stated that the bond takes into consideration the amount of top soil on site, and the length and quantity of the dirt. The Board asked Mr. Peterson questions regarding how the conditions concerning groundwater should be written; he responded that they should have monitoring data that describes a baseline condition and then data following when the slurry wall goes into place and they start dewatering the site. Much discussion followed and the Board requested that the conditions as written be modified, and those conditions regarding ground water monitoring, enforcement mechanisms, barrow ditches, monitoring of water levels in Mr. Seaworth's lake and the Heron Lake Campground lake be clarified, and new conditions incorporated from the July 13, 1999 letter from Banks and Gesso, LLC. Chair Olson also asked that the French drain be clarified. Ms. Haag will work with Mr. Helmick in writing the conditions.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners table the Stegner Farm Pit Special Review (#98-Z1281) until 3:00 p.m. on August 9, 1999.

Motion carried 2 - 0.

The hearing adjourned at 5:45 p.m.

TUESDAY, JULY 20, 1999

ADMINISTRATIVE MATTERS

(#500 & #501)

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: John Pedas, Code Enforcement Officer; Rob Helmick, Senior Planner; Marc Engemoen, Director Public Works; Jim Reidhead, Director Rural Land Use Center; Donna Hart, Commissioners' Office Administrative Manager; and Deni LaRue, Community Information Manager. Recording Clerk, Sherry Graves.

1. OPEN SESSION FOR PUBLIC COMMENT: The following persons came to address the Board during the open session for public comment regarding a zoning violation in their neighborhood in Monument Gulch: John Barnes, Don and Wilberta Belew, and Larry Bahn. Mr. Barnes noted that on the subject property there is an unauthorized mobile home, four unlicensed vehicles, an automotive engine plus numerous auto parts, a wrecked utility trailer, two junk pickup campers, two junked refrigerators, three junked-type deep freezers, seven dilapidated buildings, three large truck loads of junk, etc.; he noted that all of these items are unsightly and have a very negative impact on their property values. Mr. Pedas reviewed the history of the violation; he noted that a hearing was held before the County Commissioners several years ago and the property owner was found to be in violation; subsequently, Ms. Haag filed suit in District Court, but the property owner has always found a way to delay any action. Mr. Pedas noted that there is a Court Order directing him to remove the mobile home and they are filing the contempt of Court papers and then it will go back to the Judge for a contempt hearing, at which time Mr. Davis has to show cause why he has not complied with the Court Order. Mr. Pedas stated that Mr. Davis did have a set of plans which were approved by the Building Department, but those permits have expired. Commissioner Disney advised the neighbors that the County has to follow the proper legal channels, however lengthy and agonizing they may be; he did request that Mr. Pedas follow up on the building permits to see if inspections were done and if they are legal. Mr. Pedas will review the building permits, discuss the situation with Jerry Blehm, Director of Environmental Health, and check the State Statutes regarding the discarding of refrigerators, freezers, etc.

2. BOARD OF EQUALIZATION DECISIONS:

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the recommendations and decisions made by the appointed Board of Referees for the Board of Equalization hearing held on July 19, 1999.

Motion carried 3 - 0.

3. APPROVAL OF MINUTES FOR WEEKS OF JULY 5 AND JULY 12, 1999:

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners approve the Minutes for the week of July 5, 1999, as submitted.

Motion carried 2 - 0; Commissioner Disney did not vote as he was not present for meetings during the week of July 5, 1999.

M O T I O N

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

Motion carried 2 - 0; Chair Olson did not vote as she was not present for the meetings during the week of July 12, 1999.

3. APPROVAL OF SCHEDULE FOR WEEK OF JULY 26, 1999:

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the Schedule for the week of July 26, 1999, as submitted and revised.

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 action items and documents as listed on the Consent Agenda on Document Review for July 20, 1999:

ACTION ITEMS: Larimer County Personnel Policy Waiver concerning Promotional Salary Increase Provisions for the Road and Bridge Department to hire Drew Davis as a Technical and Support Services Manager at step 5 of salary grade 163; Personnel Authorization Request for .5 FTE Case Services Aide II in Human Services.

MISCELLANEOUS DOCUMENTS: Amended Plat for Rostek Addition; and Drug Control and System Improvement Program Certificate of Appropriation of Match.

LIQUOR LICENSES: County approval was granted to Cottonwood Hollow - 6% - Livermore, CO.; Custom Cakes & Catering - 6% - Wellington, CO.; and a SPECIAL EVENTS PERMIT for the State Board of Agriculture for Colorado State University for Ag Day on September 11, 1999.

A99-137 AGREEMENT CONCERNING ELECTION SERVICES BETWEEN

THE LARIMER COUNTY CLERK & RECORDER AND THE TOWN

OF WINDSOR

A99-138 AGREEMENT CONCERNING ELECTION SERVICES BETWEEN

THE LARIMER COUNTY CLERK & RECORDER AND

WELD COUNTY SCHOOL DISTRICT RE-5J

A99-139 DEVELOPMENT AGREEMENT RELATING TO DEVELOPERS'

OBLIGATIONS IN THE WESTVIEW RURAL LAND PLAN

BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND

NORTH HILL PROPERTIES, LLC., STEPHEN B. AND KAREN B.

DELINE, AND WESTVIEW, LLC.

A99-140 AGREEMENT AND COVENANT CONCERNING TOWER

HEIGHT RESTRICT BETWEEN THE BOARD OF COUNTY

COMMISSIONERS AND JOHN BRUCE GREGG, JR. AND

NANCY G. GREGG, AND MICHAEL RADIO ENTERPRISES OF

COLORADO, INC.

A99-141 AGREEMENT CONCERNING LARIMER COUNTY YOUTH

ASSESSMENT CENTER AND YOUTH TRANSPORT SERVICES

BETWEEN THE BOARD OF COUNTY COMMISSIONERS, THE

CITIES OF FORT COLLINS AND LOVELAND, AND THE

TOWN OF BERTHOUD

A99-142 SUBDIVISION IMPROVEMENTS AGREEMENT RELATING TO

DEVELOPER'S OBLIGATIONS IN BUCKHORN GLADE

SUBDIVISION BETWEEN THE BOARD OF COUNTY

COMMISSIONERS AND HIGH MOUNTAIN LIMITED

R99-84g RESOLUTION APPOINTING THE MENTAL HEALTH EXECUTIVE

DIRECTOR FOR LARIMER COUNTY (Randy Ratliff)

Motion carried 3 - 0.

5. APPROVAL OF WEST VIEW RLUP FINAL PLAT: Mr. Reidhead requested Board approval of the Final Plat for the West View Rural Land Use Plan and for a variance to Section 3.5B(11) regarding non-contiguous parcels being included on one plat.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the Final Plat for the West View Rural Land Use Plan and grant a variance to Section 3.5B(11) which states that "Parcels not contiguous shall not be included on one plat, nor shall more than one plat be made on the same sheet".

Motion carried 3 - 0.

6. DISCUSSION OF PUBLIC HEARING FOR HEPA HABITAT CONSERVATION PLAN FOR PREBLE'S JUMPING MOUSE: Mr. Helmick informed the Board that the State of Colorado Department of Natural Resources collaborative planning process for the Prebels Meadow Jumping Mouse has reached the stage that a preliminary scoping meeting, required by the National Environmental Protection Act, needs to be held to prepare a Habitat Conservation Plan for each County. Mr. Helmick stated that the consultants for the process are trying to publish one notice in the Federal Register, which is required for this process, and he asked the Board if they wish to participate in the joint notice and setting a date for the scoping meeting; he noted that this meeting would not commit the Board to adopt the plan, but is a necessary step. Discussion followed and the Board decided not to participate in the joint publication nor in scheduling a scoping meeting.

At this time County Attorney George Hass joined the meeting and introduced Nate Donovan, a new Assistant County Attorney in their office.

7. DISCUSSION WITH CANYON GRILL OWNER: Chair Olson informed Mr. Alan Evans, owner of the Canyon Grill, that the Board has been getting quite a few noise complaints from the neighbors. Mr. Evans stated that he has had the same music over the past two years, nothing has changed, but he noted there is a vigilante group in the area putting pressure on him; he stated he would like to figure out a win/win situation so he knows exactly what he can do, the Sheriff Department knows what is allowed, as well as the neighbors, and he can keep the music in check so they can make a living and the neighbors can enjoy a quality of life. Mr. Hass stated there are two aspects of offensive noise in the Noise Ordinance: 1) Analysis of decibel level from the residential property line; 2) Concept of unreasonable noise, which takes into consideration frequency, low base tones, time of day, kind of noise, etc. Mr. Evans stated that he has called the Sheriff's Department and asked what noise level is allowed; the Sheriff's Department was unclear and so he went to the State and were informed that the noise level for the State Park across the street is 8.4 - 84-86 and he has tried to stay under that level - he noted he has a noise meter. Commissioner Disney stated that the music is a noise that is out of character to the normal background and he referenced the problems the White Buffalo had a few years ago with neighbors' complaints and they were shut down; however, they returned with enough mitigation measures and were allowed to re-open. Commissioner Disney stated that people have a right to peace and quiet in there own home. Mr. Evans stated that the difference is that the Canyon Grill has been there for 25 years and these neighbors moved in; whereas, with the White Buffalo, that establishment moved into an existing residential neighborhood. Mr. Evans proposed that some kind of noise level be set and to set some kind of a time limit - no music or activities past a certain time in the evening. Chair Olson asked about the building code violations that were unresolved in the letter from the Larimer County Building Department dated February 11, 1998; Mr. Evans stated that he has a signature of finalization and all those issues have been resolved. Chair Olson cautioned Mr. Evans that the Board is getting all these complaints and, at his time of license renewal, noise will be an issue and the Board could schedule a show-cause hearing. The Board suggested that Mr. Evans read the Noise Ordinance for guidance and they will make sure the Sheriff's Department isn't giving him mixed messages; she noted that the purpose of today's meeting was to make him aware of the complaints they have received. Mr. Hass suggested that Mr. Evans talk to his neighbors ahead of special events to inform them what is going to happen and ask for their cooperation. Mr. Evans stated that he will do whatever he can to make this work.

8. REQUEST FOR PERMANENT ROAD BARRICADE IN FAIRWAY ESTATES: Mr. Engemoen introduced Chuck Panella, President Fairway Estates Home Owners Association, and reviewed the history of the problem of non-resident traffic cutting through the subdivision to either access College Avenue or Harmony Road. Mr. Engemoen stated that a Neighborhood Safety Task Force was formed to make recommendations for resolving this problem and today they are requesting permission from the Board to construct a permanent barricade blocking all except emergency vehicle traffic on Palmer Drive at the bridge over Mail Creek/Larimer County Ditch #2. Mr. Engemoen noted that the barricade was erected for a four-month trial basis to allow residents to experience the change first hand; after that trial period, a vote was taken and 75% of the residents voted for the permanent barricade. Mr. Engemoen informed the Board that the property owners association will pay for the barricade. Mr. Panella stated that the only negative about the barricade is that it is inconvenient.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the construction of a permanent barricade blocking all except emergency vehicle traffic on Palmer Drive at the bridge over Mail Creek/Larimer County Ditch #2, in accordance with the design approved by the County Public Works Division and by the Poudre Fire Authority and as requested by the Fairway Estates Property Owners Association.

Motion carried 3 - 0.

9. APPROVAL OF PARKING POLICY: Mr. Lancaster reviewed the proposed parking policy and enforcement measures; he noted that the policy has been through all the departments at least three times and only one comment was received. Mr. Lancaster stated that construction of the new Justice Center and parking garage has made parking difficult and a new parking policy was necessary to ensure that parking in the courthouse parking lot is available to citizens coming to do business at the courthouse. Mr. Lancaster requested Board approval of the parking policy and noted and, if approved, the effective date will be August 16, 1999.

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners approve the Parking Policy, which will become part of the Larimer County Operating Procedures, as published and described.

Motion carried 3 - 0.

10. WORKSESSION:

-- Mr. Lancaster stated that, as requested by the Board, Mr. Gluckman checked into the sales tax issue regarding an exemption for agriculture equipment and was informed by the Department of Revenue that the information can just be written in at the bottom of their form. Mr. Lancaster stated that at some time the Board needs to discuss whether or not they want this matter placed on the ballot and he suggested that the Board ask Mr. Hass to write ballot language asking if Larimer County may exempt agriculture equipment from sales tax to be consistent with changes in State Legislature made in 1998.

-- Mr. Lancaster updated the Board on a meeting he had with the librarians and stated that the County is going to work with them in partnership to devise a plan, other than just asking for money; he noted that their problem is how to find a sustainable, reliable funding source for libraries. Mr. Lancaster stated that two of our facilitators are going to work with them regarding community input, and to review other options, such as, a library district, mill levy, or other types of funding sources -- whatever they can do community wide to look at how to meet the needs of all the libraries. Mr. Lancaster stated that they hope to have recommendations by June of next year and he noted that they are going to rewrite the contract and take out a lot of the requirements, which are unnecessary.

11. COMMISSIONER REPORTS:

-- A Centenarian Recognition Schedule was submitted listing the names and locations of those persons in the County who will be turning 100 in the next two months; Commissioner Disney reported he visited Imogene Victor in Loveland on July 14, 1999, who turned 101, and it was a delightful experience.

-- Commissioner Rennels reported that she, Deni LaRue, and Budget Manager Bob Keister were on KCOL recently discussing the Tabor issue and they received some good phone calls with good questions and feedback.

-- Commissioner Rennels stated she has a meeting tomorrow regarding senior citizen concerns in some of the trailer parks.

-- Chair Olson requested guidance from her colleagues as interviews are currently being conducted for the Environmental Advisory Board and the applicants are still Fort Centric; she noted they have advertised twice for applicants. Commissioner Disney stated that the other parts of the County had their chance to apply.

At this time, County Attorney George Hass rejoined and Assistant County Attorney Jeannine Haag joined the meeting for Legal Matters.

12. LEGAL MATTERS:

-- Mr. Hass discussed the sales tax exemption for agriculture equipment; Mr. Lancaster informed him that the Board would like him to draft some simple language for the initiative. Mr. Hass stated that he won't have to follow Tabor in drafting this initiative and so it can be simple and understandable.

-- Mr. Hass discussed a waiver of term limits for County Coroner; he noted that the Constitution states that you can exempt coroners from term limits and the ballot question could be as simple as "Shall the term limits be eliminated for the elected office of the Larimer County Coroner?"

-- Ms. Haag requested Board approval of a contract for the sale of Lot 125 in Glacier View Meadows Subdivision, P.U.D., 12th Filing to Dennis and Pamela L. Olson.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the contract for the sale of Lot 125 in Glacier View Meadows Subdivision, P.U.D. 12th Filing to Dennis and Pamela L. Olson for $14,000, and authorize the Chair to sign same.

Motion carried 3 - 0.

C99-45 CONTRACT FOR SALE OF LOT 125 IN GLACIER VIEW

MEADOWS SUBDIVISION, P.U.D., 12TH FILING TO

DENNIS AND PAMELA L. OLSON

-- Ms. Haag requested a motion from the Board to approve the County Attorney's pursuit of attorney fees in the Bev Harris Case.

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners approve the County Attorney's pursuit of attorney fees in the Bev Harris Case.

Motion carried 3 - 0.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners go into Executive Session at 11:35 a.m. to discuss potential litigation.

Motion carried 3 - 0.

The Executive Session ended at 11:45 a.m.; no action taken.

 

 

_________________________________________ __

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

 

 

Background Image: Loveland Bike Trail by Sharon Veit. All rights reserved.