PROCEEDINGS OF THE BOARD OF COUNTY COMMISSIONERS

Monday, August 9, 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 August 4, 1999.

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners approve the recommendations and decisions made by the Board of Referees for the hearings held on August 4, 1999.

Motion carried 3 - 0.

LAND-USE PLANNING MEETING

(#504)

The Board of County Commissioners met in regular session with Rob Helmick, Senior Planner. Chair Olson presided and Commissioners Disney and Rennels were present. Also present were Keith Schuett, Planner II; Sean Wheeler, Planner I; Rex Burns and Rusty McDaniel, Project Engineers; Mark Peterson, County Engineer; and Jeannine Haag, Assistant County Attorney. Recording Clerk, Sherry Graves.

The Board was requested to table the Amended Plat for Big Elk Meadows, Tract 1 Lots 15 & 15 until 3 p.m. on August 16, 1999 and retable the Cottonwood Rural Land Use Plan, originally tabled from July 12, 1999, until September 7, 1999.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners table the Amended Plat for Big Elk Meadows, Tract 1, Lots 15 & 16 until 3 p.m. August 16, 1999 and retable the Cottonwood Rural Land Plan until September 7, 1999, originally tabled to today from July 12, 1999.

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. AMENDED PLAT AND EASEMENT VACATION FOR GLACIER VIEW
  2. MEADOWS SUBDIVISION, 12TH FILING, LOTS 123 & 134 (#99-S1458):

    SE 1/4 - 36-09-72 - OFF 72E AT THE INTERSECTION OF MEADOW

    MOUNTAIN DRIVE AND NAVAJO PEAK COURT; 3.17 ACRES;

    2 LOTS; E-ESTATE ZONING

    This is a request for an amended plat to combine Lots 123 & 124 within the Glacier View Meadows 12th Filing, and to vacate a 20' existing utility easement along the common lot line; said combining of lots will result in one lot being approximately 3.17 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 123 & 124 within the Glacier View Meadows Subdivision 12th Filing and approval of the proposed vacation of the existing 20' utility easement as shown on the plat.

  3. RATIFICATION OF APPROVED AGREEMENT TO EXTEND VESTED
  4. RIGHTS FOR FOSSIL LAKE PLANNED UNIT DEVELOPMENT

    Ms. Haag submitted and requested approval of the resolution ratifying approval of the agreement to extend the vested rights for Fossil Lake Planned Unit Development.

    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 Amended Plat and Easement Vacation of Glacier View Meadows Subdivision, 12th Filing, Lots 123 & 124 (#99-S1458) and ratification of the approved agreement to extend the vested rights for Fossil Lake Planned Unit Development.

    Motion carried 3 - 0.

    R99-90s RESOLUTION RATIFYING APPROVAL OF AGREEMENT

    FOR EXTENDED VESTED RIGHTS FOR FOSSIL LAKE P.U.D.

    (Agreement dated November 10, 1998 - Public Hearing held 12/2198)

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

    3. DISCUSSION OF STEGNER PIT SPECIAL CONDITIONS (#98-Z1281):

    NE 1/4 - 33-08-69 - SOUTHWEST CORNER OF COUNTY ROAD 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 submitted a new set of conditions written following the Board's discussion at the hearing on July 19, 1999 and proposed by the applicant in their letter of August 4, 1999, and further modified by staff. Mr. Helmick stated that today's staff report also includes a copy of a preliminary groundwater modeling analysis conducted by the applicant; he noted that implicit in any of the construction or reconstruction items, plans need to be provided to the County for review and approval before commencement of any activities. Questions from the Board and discussion followed and several more modifications were made to the proposed conditions.

    John Stegner, applicant, discussed his concerns with items (b) under Land Dedication and (c) Ground Water Issues. Mr. Stegner stated that he wants to make sure as they move into negotiations with the engineers, that there is an understanding and appreciation of what they are doing because these easements are not part of their project, they are add-ons, and they are agreeing to them because they think they benefit the community. With regard to the western easement, he would like it made clear that they will not bear the cost of construction or maintenance and they would like the right to use that western easement, once completed, for storm water runoff and discharge from their ponds. Also, he would like it agreed to that if acquisitions of easements to the river are not completed within 10 years, the easements would go away. Mr. Stegner stated he has been monitoring water levels for the last five months at two sites on his property and he would like that data considered in terms of monitoring time. Mr. McDaniel responded that cost for construction and maintenance of the easement will be borne by the County because it is a separate project that Mr. Burns has been working on for years. With regard to the time limit for acquisition of easements to the river, Mr. Burns stated that it is a long-range project and 15 or 20 years would be better; Mr. Stegner agreed to 15 years. There was much discussion concerning the width of the easements. A five-minute break was taken so the applicant and staff could discuss the width of the drainage easements; after the break, Mr. Burns reviewed for the Board what was agreed upon and is outlined in the conditions of approval in item (b) under Land Dedication; it was noted that the existing ditch on the east side will be within the 60 ft.

    After lengthy discussion, it was noted that the applicant shall operate this pit as described in the application materials, with the following modified conditions: Traffic Issues: a) A southbound, right turn lane shall be constructed by the operator on Taft Hill Road prior to the first off-site shipment of gravel that has been mined on the property; b) No more than 10% of the total truck traffic shall turn southbound on Taft Hill Road (averaged on a monthly basis), the operator shall provide information to document this at the request of the County; c) Daily traffic volume and direction of travel shall be monitored by the applicant. Capital Expansion Fees: A capital expansion fee of $19,965.00 shall be paid by the operator prior to the first off-site shipment of gravel that has been mined on the property. Land Dedication: a) The landowner shall dedicate property needed to increase the ROW for Taft Hill Road to a total width of 50 feet from centerline of the existing pavement to the west. The landowner will have the right to use any relocated County drainage ditch in the dedicated property, as described in Drainage Issues (e); b) The landowner shall dedicate drainage easements on the east and west sides of the property, as agreed to at the hearing on July 19, 1999. The specific location and width of these easements shall be negotiated with the Engineering Department, and shall be dedicated prior to the first off-site shipment of gravel that has been mined on the property. The property owner will provide 10 ft. of drainage easement on the east side of the property in addition to the 50 ft. of highway right-of-way for a total of 60 ft. from the approximately center of CR 19 and provide 30 ft. of drainage easement on the west side of the property and in each case the easement would be dedicated for county use for a period of 15 years for storm water uses, within which the County would have to make use of it for storm water purposes to drain to the Poudre River or the full width on both sides would revert back to the property owner and would convert to a reservation. Drainage Issues: The operator/landowner shall have the right to use the existing (or relocated) drainage ditch along the west side of Taft Hill Road, subject to the following conditions: a) There shall be a one-time dewatering discharge to the ditch after construction of the slurry wall; b) The maximum dewatering discharge shall be 1000 gallons per minute and the duration of this discharge shall be approximately 3 months. In no case shall the dewatering discharge be allowed to exceed the capacity of the ditch. Intermittent pumping and/or lower pumping rates may be used to insure that the capacity is not exceeded, and in this case, the duration may exceed three months. The capacity of the ditch, shall be assumed for this agreement, to not allow water depth to rise beyond a height which is 20 inches below the roadway; c) The operator shall clean and deepen the ditch to typical County standards and shall maintain the ditch in this condition for the life of the mining operation; d) The operator shall replace all undersized or damaged culverts between CR 54G and the Poudre River; e) Following the one-time dewatering discharge, the ditch may be used for storm runoff from the property at or below the historic irrigation and storm discharges from the property. This shall not include any groundwater discharges resulting from mitigation of groundwater mounding resulting from the slurry wall. Any pond discharges will require the establishment of a flow and volume to be approved by the County. Additional Berm: The operator will construct a six-foot high berm along the southern property boundary at the initial stage of mining (i.e. as soon as enough overburden and topsoil are available). Ground Water Issues: a) Six ground water monitoring wells shall be installed by the operator around the perimeter of the property. Ground water levels shall be monitored monthly; b) Ground water monitoring frequency shall increase to weekly if the ground water level of any well is within two feet of the natural ground surface; c) At least six months of baseline ground water level measurements shall be taken prior to construction of the slurry wall, and such data must be acceptable to the Engineering Department. These measurements shall include at least two months of data from the period of June 1 to September 1. All measurements of ground water shall be converted to elevations as specified by the County Engineering Department; d) Water elevations of lakes utilized by Mr. Seaworth and the Heron Lake RV park shall also be monitored monthly; e) Adverse impacts to ground water wells or to the lakes mentioned above shall be mitigated by the operator in a manner that is mutually agreeable to the operator and the owner of the adversely impacted ground water resource. Adverse impact is defined for the purposes of this approval as a decrease of two feet below the documented seasonal low water levels. This shall be determined based upon the monitoring program, and shall be attributable to the mining operation. Mitigation of the adverse impact to ground water levels may include, but is not limited to: ground water recharging, direct delivery of water to the affected lake or well, deepening or redrilling of ground water wells, and identification of and ceasing or modifying the activity causing the problem. This could include termination of the dewatering and breaching the slurry wall; f) As a result of the preliminary ground water modeling provided by the applicant, the ground water level upgradient of the slurry wall is predicted to rise as a result of "mounding". The operator will provide a plan, to be approved by the County Engineering Department, which will mitigate the impacts of the "mounding" of the ground water. At no time shall the ground water level be allowed to increase to a level which would impair, damage or injure CR 54G or the properties north of CR 54G. Monitoring: All monitoring shall be performed by the operator at the operator's expense. Monitoring results shall be made available to the public upon request, and provided to the County on a quarterly basis. Monitoring results shall be kept in the office on-site and shall be available for review by the public and the County during normal business hours. Larimer County Department of Health and the Environment: The applicant shall comply with the recommendations of the Larimer County Department of Health and the Environment, as described in the memo from Doug Ryan, dated March 3, 1999. Landscaping: The operator shall install the required landscaping for the perimeter of the site at the earliest possible date after mobilizing to the site.

    M O T I O N

    Commissioner Disney moved that the Board of County Commissioners approve the Stegner Farm Pit Special Review (#98-Z1281), with the conditions as modified and outlined above.

    Motion carried 3 - 0.

    Commissioner Rennels returned to the hearing for consideration of the next item.

  5. BELDUS ZONING VIOLATION (#94-ZV0542): 490 LARKSPUR DRIVE

ESTES PARK, COLORADO 80517

These alleged violations are for violations of Section 4.1 (Uses Permitted), Section 4.3 (Minimum Setbacks for Front Setback and Side Yard and Rear Yard, and Section 4.4 (Minimum Lot Area) and the violations of the Uniform Building Code, Sections 106.1, 106.4.4, Section 108.1, Section 108.4, Section 108.5.6, and Section 109.1. Mr. Schuett stated that he has worked with Mr. Beldus and his attorney Rick Zier and they have agreed that the applicant will apply for all appropriate building permits by August 20, 1999, pay all appropriate fees for a shed, renew a permit on an existing shed and deck, and the permits will be issued after the property is reduced to only one dwelling, which should occur no later than September 1, 1999. Mr. Schuett continued that all building permits will be finaled within 180 days of issuance and, if not, he requested that the Board authorize the County Attorney to proceed with legal action to compel compliance.

Mr. Zier concurred there are building code violations and a zoning violation and he noted that the zoning violation will be resolved as soon as only one of the three buildings is being used as a dwelling. Mr. Schuett noted that there is a kitchen in one of the dwellings, which the applicant has also agreed to remove, and he suggested that the chain of title indicate that only one dwelling may be located on the property. Mr. Zier concurred that they will record a simple statement, signed by Mr. Beldus, that the current zoning does not allow more than one dwelling on this property.

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners find in the matter of the Beldus Zoning Violation that a violation exists and authorize the County Attorney to proceed with legal action to compel compliance if the property owner has not applied for all appropriate building permits by August 20, 1999, paid all appropriate fees for a shed, renewed a permit on an existing shed and deck after the property is reduced to only property dwelling, which should occur no later than September 1, 1999, and all building permits finaled within 180 days of issuance.

Motion carried 3 - 0.

The hearing adjourned at 4 p.m.

TUESDAY, AUGUST 10, 1999

ADMINISTRATIVE MATTERS

(# 505)

The Board of County Commissioners met at 9:00 a.m. in regular session with Neil Gluckman, Assistant County Manager. Chair Olson presided and Commissioners Disney and Rennels were present. Also present were: Ralph Jacobs, Director Human Resources; Randy Ratliff, Director Mental Health Center; Diane Martell, Engineering Staff Services Manager; Larry Timm, Director of Planning; Donna Hart, Commissioners' Office Administrative Manager; Deni LaRue, Community Information Manager. Recording Clerk, Sherry Graves.

1. OPEN SESSION FOR PUBLIC COMMENT: Pam Gilsenan addressed the Board during the open session for public comment and requested assistance regarding the plight of her children, especially her three sons; she noted that during the past six years, her sons have lived in a one-room cabin with their unemployed Father above Drake, CO. Ms. Gilsenan stated that her sons have been truant from school and suffer from lack of sufficient food, clothing, water, and shelter and have no medical, dental or vision care and she is appalled that with all the staff and resources available in the County, there is no help for her children. Ms. Gilsenan stated that she has spoken to the County Attorney, District Attorney, and Community Services, as well as the Sheriff and Police Departments and each says that it is the others' responsibility; she noted that school starts in less than two weeks and her main concern today is getting her sons into school. Commissioner Disney responded to Ms. Gilsenan that the County did go up and check on the situation and it was found to be within acceptable standards. Chair Olson stated that the Board will ask for an update on the situation and will review the records and report back to Ms. Gilsenan.

2. APPROVAL OF MINUTES FOR WEEK OF AUGUST 2, 1999:

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the Minutes for the week of August 2, 1999, as submitted.

Motion carried 3 - 0.

3. APPROVAL OF SCHEDULE FOR WEEK OF AUGUST 16, 1999:

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners approve the Schedule for the week of August 16, 1999, as submitted and revised.

Motion carried 3 - 0.

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

  1. APPROVAL OF CONSENT AGENDA:
  2. M O T I O N

    Commissioner Disney moved that the Board of County Commissioners approve the following documents as listed on the Consent Agenda for Document Review on August 10, 1999.

    MISCELLANEOUS DOCUMENTS: Amended Plat for Lots 13 and 14 in Vista View Estates and an Affidavit of Correction on Signature Block for Larimer County Health Department on Final Plat for Commencement Ridge Subdivision.

    LIQUOR LICENSES: County approval for renewal of liquor license was granted to Larry's Southwest Liquor - 6% - Loveland, CO. and for a permit for Modification of Premises for Young's Liquor - 6% - Fort Collins, CO. A license was issued to Ptarmigan Club - 6% with Optional Premises - Fort Collins, CO. and a 6% Special Events Permit for the Citizens for Preservation of Property Rights for event on August 28, 1999 in Loveland, CO.

    A99-154 LETTER AGREEMENT CONCERNING STORM DRAINAGE

    IMPROVEMENTS AND FUNDS IN CONNECTION WITH

    CONSTRUCTION OF COMMERCIAL PROJECT AT 2649 EAST

    MULBERRY BETWEEN THE BOARD OF COUNTY

    COMMISSIONERS AND MULBERRY COMMERCIAL PARK, LLC.

    (Construction of Drainage Improvements

    A99-155 AGREEMENT BETWEEN THE BOARD OF COUNTY

    COMMISSIONERS AND WATKINS CONSTRUCTION COMPANY

    (Natural Resources Berthoud, Wellington and Red Feather Transfer

    Station)

    C99-50 SUPPLEMENTAL CONSULTANT CONTRACT BETWEEN THE

    BOARD OF COUNTY COMMISSIONERS AND J. F. SATO AND

    ASSOCIATES OF LITTLETON, CO. (Extends Design Contract to

    Include Construction Management at Laramie River Bridge)

    C99-51 STATE CDBG CONTRACT BETWEEN THE BOARD OF COUNTY

    COMMISSIONERS AND THE STATE OF COLORADO FOR THE

    USE AND BENEFIT OF THE DEPARTMENT OF LOCAL AFFAIRS

    (Estes Park Interagency Purchase)

    R99-91d RESOLUTION SETTING A PUBLIC HEARING ON THE PROPOSED

    ASSESSMENT ROLL FOR LARIMER COUNTY LOCAL

    IMPROVEMENT DISTRICT NO. 1997-2 (LONGVIEW DRIVE)

    R99-92s & z FINDINGS AND RESOLUTION APPROVING THE MASTER

    PLAN AND PRELIMINARY PHASE PLAN OF POUDRE

    OVERLOOK P.U.D. AND THE PETITION FOR REZONING

    R99-93z SPECIAL REVIEW FINDINGS AND RESOLUTION APPROVING

    THE PETITION OF LONE TREE KENNELS

    R99-94s FINDINGS AND RESOLUTION APPROVING THE JOY'S MINOR

    RESIDENTIAL DEVELOPMENT

    R99-95g RESOLUTION ADOPTING DEVELOPMENT REVIEW FEES

    Motion carried 3 - 0.

    5. APPROINTMENT OF FOUNDING MEMBERS OF THE NOT-FOR-PROFIT MENTAL HEALTH CENTER BOARD OF DIRECTORS: Mr. Ratliff requested Board approval of the appointment of five highly qualified members of a Board of Directors to become the "start up" governance body of the soon to be created not-for-profit community Mental Health Center serving Larimer County; he noted that the first meeting will be held on August 24, 1999 and this founding board all have experience in organizing non-profit organizations and will get the organization up and running.

    M O T I O N

    Commissioner Rennels moved that the Board of County Commissioners appoint the following candidates as Board of Directors for the new not-for-profit community Mental Health Center: Arthur J. Bavoso, Director of Planned Giving; Cheryl Olson, Larimer County Commissioner; John Mohr, Manager for U. S. Training and Development Celestica, Inc.; J. Robert Wilson, Columbine Health Systems; and Grand Sherwood, Ph.D., Director Housing and Food Services.

    Motion carried 3 - 0.

    5. APPROVAL OF APPOINTMENT OF NEW CHIEF BUILDING OFFICIAL: Mr. Timm stated that a panel of six people conducted five interviews for the position of Chief Building Official and their recommendation is for the Board to appoint Tom Garton, as Chief Building Official at an annual salary of $60,259.

    M O T I O N

    Commissioner Disney moved that the Board of County Commissioners appoint Tom Garton as Chief Building Official at an annual salary of $60,259., as recommended.

    Motion carried 3 - 0.

  3. WORKSESSION:
  4. -- Mr. Gluckman stated he received a letter from Doug Ryan, Environmental Health Planner, requesting the Board to meet with the Environmental Advisory Board prior to the September 8th hearing on the Land Use Code; it was decided that Chair Olson and a member from the Planning Staff will attend their next meeting.

  5. COMMISSIONER REPORTS:
  6. -- Commissioner Disney reported that at the North Front Range Transportation and Air Quality Planning meeting recently they were informed that through resource reallocation by the Colorado Department of Transportation (CDOT) that Region 4, which is all of northeastern Colorado, had their financial allocation reduced by $292 million; therefore, the improvements proposed for the intersection of Highway 14 and I-25 is way below the cut-off line.

    -- Commissioner Rennels reported that at CCI recently they discussed the new resolution by the Governor for control of noxious weeds; she noted, however, that Larimer County has no authority to levy a tax for such control. She noted that they also discussed the attack that Fish and Wildlife is taking for predator control, which is for coyotes, bears and lions.

    -- Discussion ensued regarding the opening on the Board of Health; the Board will notify the Board of Health and Dr. LeBailly by letter of the action they are contemplating and request their comments regarding the appointment of Chair Olson to that Board.

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

  7. LEGAL MATTERS:

-- Ms. Haag announced to the Board that a favorable ruling was received yesterday from the Court in the Bev Harris Case.

The meeting recessed at 10:05 a.m.

WORKSESSION

The Board of County Commissioners reconvened at 10:30 a.m. for a worksession to discuss financing for the new Fairgrounds and Events Center. Chair Olson presided and Commissioners Disney and Rennels were present. Also present were: Neil Gluckman, Assistant County Manager; Carol Block, Director of Finance; Bob Keister, Budget Manager; Greg Pickett, Director Parks and Open Lands; Dave Spencer, Director of Facilities; Babette Cornell, Facility Planner; Marc Engemoen, Director of Public Works; Steve Bell, Managing Director for Dain Rauscher, Inc.; Myrna Rodenberger, Clerk & Recorder; Laurel Kubin, Director of Extension; John Cheney, President Fair Board; Loren Maxey, J. D. Wiant, and other unidentified persons. Recording Clerk, Sherry Graves.

A worksession was held to discuss a request from the Fairgrounds and Event Center Task Force to place .15 of a cent county sales and use tax for 20 years on the ballot this November to fund the $57 million master plan for facilities at the new fairgrounds/events center site east of Loveland. It was noted that originally the amount of tax needed to pay for buildings was projected to be .10 of a cent, but to include items requested by the Commission recently, the increase to .15 of a cent is needed; those items are operations and maintenance of the facility, moving 4-H activities to the new site during the first phase, possible future transportation costs, and increasing construction inflation estimates and contingency levels.

Ms. Block submitted and reviewed handouts of cash flow models showing net and gross pledge of revenues. The Board reviewed cost estimates of the proposed project, current sales tax commitments, estimated operating expenses, and calculated event revenues. Mr. Keister presented a listing of the already approved sales tax for the years 1996 through 2018, which is .65% from 2000 through 2012, 45% for the years 2013 and 2014 and then in 2015 drops to .25%; it was noted that by law, the County is allowed to collect a maximum of one cent in sales and use taxes. Mr. Keister also reviewed other financial needs of the County, such as operating costs for the jail, a new communications system for the Sheriff and infrastructure, and noted that transportation will become an even bigger part of the budget as the population continues to grow. Commissioner Disney stated that the State may require an interchange at Crossroads Boulevard if the project is built, which could cost at least $20 million in today's costs; Mr. Pickett stated that road improvement costs are not included in the project's proposal and an interchange expense may force major changes in the project and, if required, they may have to sell the land and find an alternative site.

The meeting recessed at noon until next Monday on August 16 at which time the Task Force was requested to rerun its cash flow model to reflect: 1) An increase in annual operating and maintenance costs from $700,000 to $1.2 million; 2) A way to address possible transportation problems, such as funding for an interchange; 3) Options for a different site if the current site proves to be too costly to build on; 4) What will need to be done when the tax expires in 20 years; 5) What will Loveland expect in the way of capital expansion fees for the fairgrounds project. Chair Olson informed the task force that answers to these questions are needed before the Board will decide to move forward with placing this initiative on the ballot this November.

 

 

____________________________________________

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