PROCEEDINGS OF THE BOARD OF COUNTY COMMISSIONERS

Monday, April 3, 2000

LAND USE PLANNING MEETING

(#591)

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 George Hass, County Attorney; Carol Evans, Planner II; and Sylvester Mabry, Civil Engineer. Recording Clerk, Jean M. O'Connor.

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

  1. AMENDED PLAT OF LOTS 1 &2 OF THE SUMMIT ENTERPRISES MINOR RESIDENTIAL DEVELOPMENT #00-S1543: NW 1/4 2-7-69; AT THE SOUTHEAST CORNER OF THE INTERSECTION OF NORTH SHIELDS STREET AND WILLOX LANE.

Amended plat to adjust the boundary line between Lots 1 and 2 of the Summit Enterprises Minor Residential Development, resulting in lots of 22.65 acres with the existing dwelling and 22.9 acres (currently vacant). Staff findings include 1. Summit Enterprises Minor Residential Development was recorded in 1998. The applicant proposes to adjust the lot line between Lots 1 and 2 of this development. 2. There are no objections to the proposed amended plat from utility providers, the Larimer and Weld Irrigation Company or County staff. Additional information about existing buildings on the property is needed to determine whether building permits are needed. 3. The proposed amended plat is consistent with the requirements of the Larimer County Land Use Code regarding amended plats. Staff recommendation is approval of the Amended Plat of Lots 1 & 2 of the Summit Enterprises Minor Residential Development with the following conditions: 1. The Final Plat shall note that the lots are subject to the Road Maintenance Agreement recorded on 7/13/98 at Reception #98058380; 2. The applicant shall submit to the Planning Department written information for each of the three existing outbuildings on the property: a. The year each building was constructed; b. The year when any additions or alterations were made to each building and a description of the additions or alterations made, if any; c. A description of how each building is used (i.e., for a barn, garage, office, etc.); and d. The outside dimensions of each building. The information shall be submitted and any building code issues addressed to the satisfaction of the Building Code Enforcement staff prior to recording the final plat for this request.

 

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve Summit Enterprises Minor Residential Development Amended Plat of Lots 1 & 2 #00-S1543 with conditions outlined above.

Motion carried 3 - 0.

There being no further business, the hearing adjourned at 3:05 p.m.

TUESDAY, APRIL 4, 2000

ADMINISTRATIVE MATTERS

(#591)

The Board of County Commissioners met in regular session at 9:00 a.m. with County Manager Frank Lancaster; Chair Olson presided and Commissioners Disney and Rennels were present. Also present were K-Lynn Cameron, Open Lands Manager; Ginny Riley, Human Services Director; Jim Reidhead, Director of the Rural Land Use Center; George Hass, County Attorney; Nate Donavan, Assistant County Attorney; Deni LaRue, Community Information Manager and Donna Hart, Commissioners Administrative Manager. Recording Clerk: Jean O'Connor.

  1. PUBLIC COMMENT: No one appeared to address the Board during open session for public comment.
  2. APPROVAL OF THE MINUTES FOR THE WEEK OF MARCH 27, 2000:

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners approve the Minutes for the week of March 27, 2000 as submitted.

Motion carried 2 - 0.

Chair Olson abstained since she was not present.

3. APPROVAL OF THE SCHEDULE FOR THE WEEK OF APRIL 10, 2000:

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the Schedule for the week of April 10, 2000 as amended.

Motion carried 3 - 0.

 

 

4. APPROVAL OF THE CONSENT AGENDA:

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners approve the following Documents as listed on the Consent Agenda for Document Review on April 4, 2000:

A00-47 LIBRARY SERVICES AGREEMENT BETWEEN THE TOWN OF BERTHOUD AND THE BOARD OF COMMISSIONERS OF LARIMER COUNTY

A00-48 LIBRARY SERVICES AGREEMENT BETWEEN THE ESTES VALLEY PUBLIC LIBRARY DISTRICT AND THE BOARD OF COMMISSIONERS OF LARIMER COUNTY

A00-49 LIBRARY SERVICES AGREEMENT BETWEEN THE TOWN OF WELLINGTON AND THE BOARD OF COMMISSIONER FO LARMIER COUNTY

A00-50 RESEARCH AGREEMENT BETWEEN THE COLORADO STATE BOARD OF AGRICULTURE, BY AND THROUGH COLORADO STATE UNIVERSITY AND LARIMER COUNTY DEPARTMENT OF HUMAN SERVICES/DID DIVISION

A00-51 ARCHITECTURAL SERVICE AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS OF LARIMER COUNTY AND FENTRESS-BRADBURN ARCHITECTS

R00-78s FINDINGS AND RESOLUTION APPROVING AN AMENDED PLAT AND ROAD VACATION IN ROMONA HEIGHTS, BLOCKS 7 AND 8

R00-79z SPECIAL REVIEW FINDINGS AND RESOLUTION APPROVING THE PETITION OF SPRINT PCS/TURNER CELL TOWER

R00-80s FINDINGS AND RESOLUTION APPROVING THE VELK AMENDED MINOR RESIDENTIAL DEVELOPMENT

R00-81s FINDINGS AND RESOLUTION APPROVING THE SUMMIT COMMERCIAL CENTER CONDOMINIUMS

R00-82s FINDINGS AND RESOLUTION APPROVING THE PARADISE VALLEY SUBDIVISION PRELIMINARY PLAT

R00-83g RESOLUTION AUTHORIZING ACQUISITION OF 778-ACRES OF OPEN SPACE IN THE CORRIDOR

MISCELLANEOUS DOCUMENTS: Brandenburg Minor Residential Development; Venner Ranch Estates 2nd Filing Amended Plat of Lots 14 & 15; Criswell Minor Residential Land Division #98-EX1182.

LIQUOR LICENSES: A license was approved for the White Buffalo- 6%- Loveland, CO. Licenses were issued to Cordova's Horsetooth Lighthouse, Inc.- 6%- Fort Collins, CO and Coach House Resort, LLC- 6%- Loveland, CO.

Motion carried 3 - 0.

  1. PROCLMATION FOR COUNTY GOVERNMENT WEEK: Ms. LaRue informed the Board that National County Government Week would be April 9 - 15, 2000 with a theme honoring volunteers; she then read the proclamation for the record.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners Proclaim the week of April 9, 2000 as National County Government Week.

Motion carried 3 - 0.

6. CORRIDOR LANDS ACQUISTITION FOR OPEN SPACE: Ms. Cameron stated the Open Lands Board was recommending the Board approve the purchase of open space between Fort Collins and Loveland; for this discussion, to be known as "The Corridor Farmlands" since the owner wished to remain anonymous. She further stated that the County would participate in the purchase and hold a conservation easement on the property, while the Cities of Fort Collins and Loveland held joint ownership; Loveland would maintain the land.

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners approve this property acquisition in the Corridor between Fort Collins and Loveland. The 778-acre parcel is a fee-simple purchase in partnership with the Cities of Fort Collins and Loveland, and Great Outdoors Colorado (GOCO).

Motion carried 3 - 0.

 

 

R00-83g RESOLUTION FOR THE EXPENDITURE OF FUNDS FROM THE OPEN LANDS FUND FOR THE ACQUISITION OF PROPERTY IN THE COORIDOR BETWEEN THE CITIES OF FORT COLLINS AND LOVELAND.

7. SUB-LEASE SPACE AT YOUTH SAFE TO FUNDING PARTNERS: Ms. Riley stated that the Human Services Department had a lease with Foothills Gateway for the Youth Safe space, which expires 12/21/00; however, the department had ceased program operation at the facility effective 3/31/00. Ms. Riley explained that Funding Partners is requesting to sub-lease 561-sq. ft. of office space for the remainder of the current lease and requested the 9-month sub-lease payment of $2,004 come from the General Fund. Commissioner Disney asked if the County Budget Manager had reviewed the request. Commissioner Rennels stated that Funding Partners had previously requested, and were approved for, an appropriation of up to $5,000 for printing. She noted that this request was to re-appropriate $2,004 of the $5000 to cover the cost of the sub-lease for 9 months.

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners re-allocate $2,004 of the previously allocated $5,000 for Funding Partners to sub-lease space at Foothill Gateway through December 31, 2000.

Motion carried 3 - 0.

  1. TANF FUNDING BID FOR THE YEAR 2000-2001: Ms. Riley stated that the TANF program is funded by a combination of state, federal, and county funds. Each county is required to submit the amount of TANF funds they expect to spend in the July 1, 2000 to June 30, 2001 program year, by April 7, 2000; as well as indicate if the county is willing to pay more than the county's targeted Maintenance of Effort (MOE) match.
  2. M O T I O N

    Commissioner Disney moved that the Board of County Commissioners approve and sign the TANF Funding Bid sheet which indicates a bid of $8,972,350 in TANF funds including a county MOE not to exceed the targeted MOE of $1,367,500.

    Motion carried 3 - 0.

  3. WORKSESSION: Mr. Lancaster stated that he had been made aware of an Email sent to employees of the Sheriff's Department by Sheriff Alderden and the steps he took to be sure the Sheriff had not acted inappropriately. Mr. Lancaster further stated that a second Email had been received from a citizen chastising the actions of the County Manager with respect to monitoring the actions of an elected official. The Board agreed that Sheriff Alderden had not violated County policy or State Statue and that Mr. Lancaster had also acted within the parameters of policy and statue, which require the County Manager to make sure elected officials and employees actions are within policy and State Statue.
  4. COMMISSIONER REPORTS: Commissioner Disney stated that he had attended a Northern Front Range Metro Planning Organization (MPO) retreat in which the focus was to strategize on the funding and location of projects.
  5. LEGAL MATTERS: Mr. Hass explained that the ballot language for the fairgrounds stated that the county would spend a specific amount of money from the sales tax to purchase land for a new Fairgrounds and Events Center. Mr. Hass explained that the dollar amount had been exceeded by $217,053; he noted that the Board could ask the voters to keep the excess revenue and use it for the Fairgrounds and Events Center, or the Board could return the money to the taxpayers. Much discussion ensued regarding how to refund the money.
  6. M O T I O N

    Commissioner Disney moved that the Board of County Commissioners refund $217,053 to the taxpayers through a property tax credit.

    Motion carried 3 - 0.

    Mr. Reidhead informed the Board that an applicant from the Rural Land Use Center whose project has already been granted preliminary approval now has two additional issues to bring to the Board for consideration. 1. To add an additional 40-acre parcel to the approved application so the covenants that apply to the approved project would now also apply to the 40-acre parcel. CONSENSUS OF THE BOARD WAS THAT THE APPLICANT WOULD NEED TO MAKE THE REQUEST AND GO THROUGH THE PUBLIC HEARING PROCESS TO MODIFY THE PROPOSAL FOR FINAL ACTION BY THE BOARD IN ORDER TO BE INCLUDED ON THE FINAL RECORDED PLAT AS A PART OF THE PROJECT.

    The second issue was the requirement for a traffic study: the applicant now has the ability to phase his project for a project total of 27 residential units. He is also considering the possibility of extinguishing a portion of his already approved lots by placing a perpetual conservation easement on them. Mr. Reidhead stated that the applicant wished to know if it would be possible to postpone the traffic study until the total number of lots in the project, under the RLUP, exceeded the number of 35-acre parcels allowed (19 35-acre tracts) on the total project acreage as a use-by-right. There is a possibility that the total number of building lots remaining; after extinguishing lots through a conservation easement, will be less than the number of 35-acre base units. The applicant wishes to avoid the cost of a traffic study if possible. CONSENSUS OF THE BOARD WAS THAT THE PUBLIC HEARING PROCESS PROMISED THE ADJACENT PROPERTY OWNERS THAT A TRAFFIC STUDY WOULD BE CONDUCTED AS A CONDITION OF APPROVAL. TO POSTPONE THAT CONDITION WOULD REQUIRE NOTIFICATION, INPUT AND CONSIDERATION FROM THE ADJACENT PROPERTY OWNERS.

  7. EXECUTIVE SESSION:

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners go into Executive Session at 11:05 a.m. to discuss pending litigation and negotiations.

Motion carried 3 - 0.

The Board came out of Executive Session at 11:35 a.m., no action was taken.

 

 

 

__________________________________

CHERYL OLSON, CHAIR LARIMER

COUNTY BOARD OF COMMISSIONERS

 

 

MYRNA RODENBERGER

LARIMER COUNTY CLERK AND RECORDER

 

 

(S E A L)

ATTEST:

 

 

____________________________________

Jean M. O'Connor, Deputy County Clerk