Elk in Rocky Mountain National Park
 

PROCEEDINGS OF THE BOARD OF COUNTY COMMISSIONERS

Monday, June 19, 2000

EXECUTIVE SESSION

The Board of County Commissioners met for an Executive Session with Assistant County Attorney, Jeannine Haag. Chair Olson presided and Commissioners Disney and Rennels were present.

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners go into Executive Session at 2:30 p.m. to obtain confidential legal advice and potential litigation.

Motion Carried 3 - 0.

Executive Session ended at 3:00 p.m., no action was taken.

LAND USE PLANNING

(#620)

The Board of County Commissioners met in regular session with Larry Timm, Director of Planning. Chair Olson presided and Commissioners Disney and Rennels were present. Also present were Rob Helmick, Senior Planner; Sarah Flick, Environmental Planner; Sean Wheeler, Planner II; Claudia DeLude, Code Enforcement Officer; Russ Legg, chief Planner; Traci Downs, Civil Engineer; Al Kadera, Planner II; and Steve Stamey, Community Development Director, Estes Park. Recording Clerk, Jean O'Connor.

Chair Olson stated that the following items are consent and would not be discussed unless requested by the Board or members of the audience.

1. MARY'S LAKE ESTATES RELEASE OF WARRANTY COLLATERAL: 02-04-73; SOUTHWEST OF MARY'S LAKE ON THE WEST SIDE OF MARY'S LAKE ROAD, SOUTH WEST OF ESTES PARK.

This is a request for release of warranty collateral /SIA for public improvements. Staff recommendation is approval for the release of the warranty collateral in the amount of $1000.00 for the warranty of improvements required for the Mary's Lake Estates PUD.

  1. OVERLAND VALLEY AMENDED MINOR RESIDENTIAL DEVELOPMENT: NE 1/4 8-7N-69W, WEST OF OVERLAND TRAIL (COUNTY ROAD #21), BETWEEN VINE (COUNTY ROAD #48) AND LAPORTE AVENUE (COUNTY ROAD #46E), WEST OF THE AIRPORT HEIGHTS AND HAUMONT MRD

This is a request for an amendment to a 1999 MRD, to change the wording of Plat Note #1 regarding the raising of Livestock, so that it no longer applies to the areas identified as Outlots 1, 2, 3 and 4. Staff feels these findings must relate to the review criteria as stated in the code and must also address any appeals to the standards. 1.The amended plat complies with the Larimer County Land Use Code; 2. The amended plat is compatible with existing and permitted land uses in the surrounding area; 3. The amended plat will not adversely affect special places in Larimer County. Staff recommendation is approval of the request to amend the Overland Minor Residential Development Plat subject to the following conditions: 1. Prior to recording the Final Plat, the applicant shall provide the signed maintenance agreement as required by the previous approvals; 2. The applicant shall change Plat Note #1 to read as follows; "A maximum number of 4 livestock animals will be allowed on Lots 1 and 2 of the Overland Minor Residential Development. Any more then 4 livestock animals per lot will require the owners provide Larimer County with a pasture management plan for review and approval. The areas identified as Outlots 1, 2, 3, and 4 are not subject to these restrictions.

3. AMENDED PLAT OF LOTS 22 & 23, BLOCK 26, OWASSA LAKE SUBDIVISION AND A PORTION OF A METES AND BOUNDS PARCEL, PLUS VACATION OF A NEIGHBORING PORTION OF LAND. SE 1/4 OF SECTION 28, TOWNSHIP 10 NORTH, RANGE 73 WEST; OWASSA LAKE SUBDIVISION RED FEATHER LAKES; SOUTHEAST CORNER OF MOST OF THE RED FEATHER SUBDIVISIONS.

This is a request to (a) consolidate Lots 22 & 23, plus a portion of the Quaintance Estate into one lot, and (b) vacate a portion of High Country Estates. Staff recommendation is to approve the following: (a) proposed Amended Plat of Lots 22 & 23, Block 26, Owassa Lake Subdivision and a portion of a metes and bounds parcel, and (b) vacation of a portion of open space located in the High Country Estates Subdivision. The following conditions, however, must be met before the plat is recorded: 1. Applicant must clarify issues about the plat that have been raised by the County Engineer (letters dated 5/9/00 and 7/2/00); 2. Applicant must renew Permits 83-4746 and 85-3752 and arrange for final inspections through the Larimer County Building Department (letter dated 5/9/00).

4. AMENDED PLAT OF LOT 12A, AMENDED PLAT OF LOTS 9, 10, 11, 12 OF VISTA BONITA ACRES: SE 1/4 OF SECTION 10, TOWNSHIP 7N, RANGE 68W; VISTA BONITA SUBDIVISION ON WESTERN BOUNDARY OF BAKER LAKE, SLIGHTLY EAST OF THE INTERSECTION OF I-25 & MULBERRY STREET.

This is a request to add a piece of a metes and bounds parcel that lies along the Lot's eastern boundary so that the owners of 12A will have lake access property. Staff recommendation is to approve the proposed Amended Plat of Lot 12A, Amended Plat of Lots 9, 10, 11, 12 of Vista Bonita Acres, File #00-S1578 with one condition: The applicant must address and resolve the issues that have been raised by the Larimer County Building Department.

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners approve Mary's Lake Estates Release of Warranty Collateral #95-MS0743; Overland Valley MRD Amended Plat #00-S1579; Owassa Lake Subdivision Lots 22 and 23 block 26 Amended Plat and Easement Vacation #00-S1577; and Vista Bonita Acres Lot 12A Amended Plat #00-S1578 as presented and outlined above.

Motion carried 3 - 0.

At this time Chair Olson stated that the order of the agenda would be amended to hear items 6 and 7 before item 5.

6. ESTES PARK CODE AMENDMENTS

This is a request to modify the Estes Valley Development Code to 1) Provide for "Outdoor Sales" as a specific permitted use in the "CO", "CH", and "I-1" Districts; and 2) to correct Table 5.1 (Accessory Uses) to make it consistent with the adopted provision to allow for short-term rentals throughout the Estes Valley. Staff findings are that these modifications are consistent with the Estes Valley comprehensive Plan and the intent and purposes of the Estes Valley Development Code (EVDC). The EVDC provides for outdoor sales as an accessory use or a temporary use. In order to address outdoor sales as a principal use, certain modifications to the Code should be made. Short-term rentals are "permitted as an accessory to any residential use in a residential zoning district located within the Town of Estes Park". It is recommended this table be corrected to include unincorporated Estes Valley, to reflect the adopted provisions. Staff recommendations is 1) approval of the addition of the use regulations for outdoor sales, Table 4-4, Section 7.13, and Chapter 13 (EVDC); and 2) approval of the correction of Table 5.1, Accessory Uses (EVDC), identifying that short term rentals are permitted in the Estes Valley.

Mr. Stamey introduced David Shirk, the newly hired Planner in Estes Park that will coordinate with County staff regarding development review in the Estes Valley. Commissioner Disney stated that the current coordination between the two staffs is greatly appreciated.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the Estes Park Code Amendments as presented.

Motion carried 3 - 0.

  1. KESSLER ZONING VIOLATION

Ms. DeLude noted that Mr. Kessler is out of town and asked to the Board to table this item to July 17, 2000 at 3:00 p.m. when Mr. Kessler could be present.

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners table the Kessler Zoning Violation until July 17, 2000 at 3:00 p.m. in the Commissioner's Hearing Room.

Motion carried 3 - 0.

  1. WARSON LEGAL LOT APPEAL: 11 & 12 - 07 - 70; ABOUT 3/4 MILE WEST OF SOLDIER CANYON COVE AT HORSETOOTH LAKE, JUST SOUTH OF SOLDIER CANYON ESTATES.

This item was tabled from May 22, 2000:

At this time Commissioner Rennels disclosed that Dr. Warson had treated her approximately 10 years ago for a period of one year; and did not feel, in anyway, that would affect her ability to render a fair decision regarding this appeal.

Chair Olson noted for the record that she had reviewed the materials and video of the May 22, 2000 hearing, and the Board is now in the discussion phase of this item. Public comment was closed before adjournment of the May 22 hearing. Therefore, review of materials submitted at this hearing would require a formal motion by the Board to reopen public comment, if the Board felt additional information is needed above and beyond what staff was directed to research at the close of the May 22 hearing.

This is a request to appeal the Planning Director's decision that a parcel is not a legal lot. Staff findings include 1) The applicant has not shown by a preponderance of the evidence, that the decision to deny legal lot status from the Planning Director is in error, or that it is inconsistent with the intent and purpose of the Land Use Code. This is required to reverse the decision of the Planning Director. Therefore, the request to grant legal lot status does not satisfy the requirements found in Section 22.2 of the Land Use Code, for approval of appeals to the Board of County Commissioners; 2. A previous proposal to create additional lots at the site was deemed to be out of harmony with the surrounding neighborhood by a vote of the Board of County Commissioners (BCC); 3. The applicant has not demonstrated they will suffer unrecoverable losses, because the log

home does not have to be built on the subject parcel. The applicant can place it on another lot, or it can be resold; 4. The proposal is not supported by the various review agencies including those noted above; 5. Neither the applicant, nor any of their representatives, took all reasonable steps available to determine the status of the parcel or to obtain building permits before beginning customization of the log home materials. The responsibility for obtaining information from the files or obtaining a building permit prior to construction is the responsibility of the realtor and the builder; 6. Staff does not support approval of this appeal consistent with the County Attorney's letter of March 16, 2000. In addition, Staff recommends that the Board of County Commissioners not reverse the decision of the Planning Director because doing so will result in a building site that was not reviewed with respect to access, utilities, natural hazards or other criteria. Staff recommendation is denial of the Warson Legal Lot Appeal.

Mr. Wheeler stated that he had contacted referral agencies and the following are their concerns; Poudre Fire Authority- the degree of slope accessing the site and the condition of Red Cedar Road. Lori State Park- visual impacts and hazards of the site. County Engineering- Red Cedar Road does not meet county standards and would require significant improvements as well as mitigation of the degree of slope. County Health had previously stated that if the site were a legal lot, their office would be responsible for septic system permitting. The State Engineer expressed doubts over the possibility of obtaining a second well permit at the site. Mr. Wheeler further stated that he had inquired with other log home builders as to who was responsible for obtaining a building permit and at what stage would that person apply for a permit. The businesses stated that a building permit should be applied for and issued as a first step so the type of foundation needed for the site could be determined. Building a home and then determining a foundation type did not make any sense.

Commissioner Disney asked what impacts may exist at the site and if/how they would be mitigated. Mr. Timm stated that the question before the Board was if the parcel is a legal lot. Commissioner Rennels asked if Mr. Wheeler had met with anyone regarding the appeal since the last hearing. Mr. Wheeler stated that he had spoken with the applicant's attorney and the referral agencies previously mentioned. Chair Olson asked how Senate Bill 35 (SB 35) related to this application. Ms. Haag stated that if a portion of the lot had been conveyed prior to SB 35, then Larimer County would recognize it as a legal lot. If it was conveyed after SB 35, then it is not a legal lot. Chair Olson inquired as to 2 different legal descriptions for the property justifying 2 different lots. Ms. Haag stated that the property is within two sections, therefore the legal descriptions are different to denote the correct section-township-range.

Commissioner Rennels stated that the courts, due to a death, had divided the property and that a land use process had not been applied for to legally divide the property into two legal lots. Commissioner Rennels understood how the current owners could perceive two lots exist. Commissioner Disney agreed but also felt there is sufficient history within the Planning Department to argue the opposite- there is only one legal lot. Commissioner Rennels asked what is required under the new land use code to divide the lot. Mr. Kadera stated that the applicant could ask the Board for an exemption from the code to allow the old subdivision process to legally divide the property and that this would take approximately 10 - 12 months.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners adopt the staff recommendation for denial of the Warson Legal Lot Appeal #00-G0009.

Motion carried 3 - 0.

Commissioner Rennels stated that all parties proceeded in "good faith" but that, at a minimum, a footings and foundation permit should have been applied for and issued which would have prevented this situation. Chair Olson agreed.

There being no further business, the hearing recessed at 4:00 p.m.

LAND USE PLANNING MEETING

(#621)

The Board of County Commissioners reconvened at 7:00 p.m. in regular session with Rob Helmick, Senior Planner. Chair Olson presided and Commissioner Disney was present. Also present were Jeannine Haag, Assistant County Attorney; and Rusty McDaniel, Project Engineer. Recording Clerk: Jean O'Connor.

Chair Olson stated that Commissioner Rennels had recused herself from this hearing due to a family member's involvement with the application.

  1. BRENTS RANCH PLANNED UNIT DEVELOPMENT PRELIMINARY PHASE PLAN: 27-07-68; 1/4 MILE WEST OF COUNTY ROAD 5, 1/2 MILE NORTH OF COUNTY ROAD 40.

This is a request for preliminary plat approval for a 40 lot PUD on an 80-acre parcel. Lot sizes are 39 lots of .5- 1 acres and one lot of 40 acres. Staff recommendation is approval of the Brents Ranch Planned Unit Development, File # 98-S1361, subject to the following conditions 1. The Final Plat must provide the necessary information to the Engineering Department for final evaluation of the drainage and ground water issues, prior to scheduling this item for Board of County Commissioners consideration; 2. All lots shall be subject to all fees in place at the time of building permit application, including and not limited to Capital Expansion Fees for County and Regional Roads, Cash in lieu of dedication fees for schools and parks, and drainage fees; 3. The Final Plat shall not allow for basement construction in this development, unless the applicant provides proof on a lot by lot basis that the lowest habitable floor has at least three feet of separation from the seasonal water table; 4. The final construction plans for this subdivision may not include filling of the developed areas to achieve separation. Fill in excess of three and one half feet across the site is not allowed. No alteration of existing grades prior to the approval of the Final Plat is permitted; 5. The emergency access must comply with all the requirements of the Poudre Fire Authority, as outlined in their memo of January 13, 1999. Knockdown barrier(s) are subject to Poudre Fire Authority approval. Construction of the emergency access road shall be such that this access remains dry and passable; 6. The applicant must provide proof that the emergency access does not or will not impair or negatively affect the drainage or cause flooding of the two properties it crosses. Applicant will install a fence on both sides of the emergency access road.; 7. The applicant must fence the west boundary of the developed area, with a fence adequate to keep the livestock from adjoining lots from entering the subdivision. The fence must have signs indicating the agricultural uses existing on those lots and no trespassing signs shall be posted; 8. The applicant must comply with the recommendations of the traffic impact report, including the installation of all recommended facilities; 9. The applicant must submit final construction plans for the sewer line crossing the site. These plans must include positive measures to insure the continued flow of ground water across the site, and may not drain or alter the hydrology of the wetland areas on this site or adjacent to this site; 10. The Final Plat shall be altered to reflect the design changes suggested by staff; 11. The Final Plat must detail and locate the building envelope for Lot 40. This envelope must maintain at least a 50-foot buffer from the wetlands. If the building envelope encroaches on the wetland areas the applicant shall provide a wetland mitigation plan; 12. The applicant shall submit a management plan for Lot 40 as a part of the Final Plat application. This plan will be reviewed to insure adequate measures are in place to preserve the wetland area on this lot; 13. All necessary water and sewer lines must be in place prior to the issuance of any building permit in this subdivision; 14. The Final Plat must contain notes with respect to the following items: a) All notice and notes required by the City of Greeley; b) The standard notes with respect to rural area issues and mosquito control; c) A requirement for engineered footings and foundations; d) Passive radon mitigation measures shall be included in construction of residential structures on these lots. The results of a radon detection test conducted in new dwellings once the structure is enclosed but prior to issuance of a certificate of occupancy shall be submitted to the Planning Department. As an alternative, a builder may present a prepaid receipt from a radon tester, which specifies that a test will be done within 30 days. A permanent certificate of occupancy can be issued when the prepaid receipt is submitted; 15. In addition to all of the normal Final Plat documents for this project they must include, in the development agreement and other documents the creation of an entity or assignment of responsibility for the maintenance and operation of the groundwater/subdrain system; 16. Applicant is responsible for mitigation of adverse impacts to water wells on adjacent properties. Applicant shall obtain baseline water level information from existing wells and monitoring wells prior to and after the installation of subdrain.

Commissioner Disney asked if the Division of Wildlife (DOW) had been contacted and/or commented. Mr. Helmick stated that there were no comments in the file from DOW. Commissioner Disney asked if an area drainage plan existed for the area. Mr. McDaniel stated that there was not a master drainage plan for the area but that the applicant is proposing a drainage retention pond within the development, which includes a pump to release drainage at the historic rate. Commissioner Disney asked if this covered the concerns of the Planning Commission and Mr. McDaniel replied in the affirmative.

Mr. Doug Konkel, the applicant, stated that he is in agreement with the recommendations of staff. Chair Olson refereed to a letter dated May 5, 2000 written by Mr. Konkel and asked if he objected to making the commitments contained in that letter, conditions of approval. Mr. Konkel did not object and stated that he would stand by reports provided with the application.

Commissioner Disney noted that there are no conditions holding the applicant responsible for any impacts caused to neighboring wells by the development. Mr. Konkel stated that once the system is installed, any potential impacts to adjacent wells could be mitigated and agrees not to adversely affect adjacent property owners. Chair Olson asked if future impacts to property owners would be the responsibility of the homeowners association and Mr. Konkel replied in the affirmative.

At this time the hearing was opened for public comment. Mr. Lou Trionfera, area property owner, had the following concerns: 1. Why is Larimer County asking for a 50-foot right-of-way (ROW) through a wetland on the north side of the site? 2. The proposed emergency access road is across the property of an owner that was not notified of this hearing. The current flat, hard dirt surface, which is proposed as the emergency access, is flooded. 3. Fencing materials adjacent to agricultural land should be adequate to prevent children from reaching through to feed/touch the livestock. and 4. How can the applicant put drainage pipes through the wetland? Mr. Gordan Rowe, adjacent property owner of which the emergency access crosses, stated that the access should be a crowned/paved road because the current flat dirt road is under water. Mr. Bruce Griffith, adjacent property owner, stated that he agreed with the previous statements and that his main concerns are water and fencing.

There being no further testimony, the hearing was closed to the public.

Mr. Konkel rebutted stating that he heard two main concerns: 1. Type of fencing material and 2. Condition of the emergency access road. Mr. Konkle stated that he is willing to work with the affected property owners regarding fencing material and that he is willing to build the emergency access either way. However, Mr. Konkel continued, a paved road will encourage through traffic to the frontage road from County Road 5. Much discussion ensued regarding the level of service for the emergency access.

Mr. Helmick stated that if the county choose to utilize the 50-foot ROW through the wetland, the Army Corp of Engineering would review a mitigation plan. The Corp will also review the drainage pipe installation through the wetland. Mr. Helmick further stated that the applicant is proposing perimeter drainage for the development, which will direct water to the retention pond.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve Brents Ranch Subdivision #98-S1361 as revised and outlined above.

Motion carried 2 - 0.

There being no further business, the hearing adjourned at 8:30 p.m.

TUESDAY, JUNE 20, 2000

ADMINISTRATIVE MATTERS

(#622 & 623 )

The Board of County Commissioners met at 9:00 a.m. with Assistant County Manager Neil Gluckman. Chair Olson presided and Commissioners Disney and Rennels were present. Also present were: Rex Burns, Project Engineer; Rusty McDaniel, Project Engineer; Chip Steiner, Fairgrounds and Events Center Coordinator; Carol Block, Director of Finance; Terri Bryant, Chief Operations Accountant; Linda Coxen, District Attorney's Administrator; Tom Garton, Chief Building Official; Bob Keister, Budget Manager; Larry Timm, Director of Planning; Marc Engemoen, Director of Public Works; Ginny Riley, Director Human Services; George Hass, County Attorney; Jeannine Haag, and Nate Donovan, Assistant County Attorneys; Rob Helmick, Senior Planner; Claudia DeLude, Code Enforcement Officer; Deni LaRue, Community Information Officer; and Donna Hart, Commissioner's Administrative Manager. Recording Clerk: Gael Cookman.

  1. PUBLIC COMMENT: The following persons addressed the Board during open session for public comment: Margaret Philips, Howard and Loretta Keeton, Kathleen Kilkelly, Yvonne Wittreich, and Teresa Foltin. All are neighbors stating their concerns regarding the fact that the City of Fort Collins is encouraging the Hearthfire Subdivision to connect with Iverness Road, and they also had some opposition to a development called Crown Pointe. The neighbors stated their concerns as follows: 1) The possibility of additional traffic on county roads from these developments. 2) A request for information on the widening of Douglas Road. 3) Concern for adequate schools and police/sheriff services available for an additional subdivision. 4) A request that the Board make a statement to the City of Fort Collins regarding the impact that these two developments could have on traffic counts on the neighboring county roads. The Board stated that although the County has little influence on the Hearthfire Subdivision, the Engineering Department has been in touch with the City and they will continue to do so. The Board also asked Mrs. Keeton to work with Mr. McDaniel to determine the proposed width of Douglas Road. The Board also discouraged any discussion regarding the Crown Pointe development as this would need to be addressed in an advertised public hearing for the proposed development.
  2. APPROVAL OF THE MINUTES FOR THE WEEKS OF JUNE 5, 2000 AND JUNE 12, 2000:
  3. M O T I O N

    Commissioner Rennels moved that the Board of County Commissioners approve the Minutes for the weeks of June 5, 2000 and June 12, 2000.

    Motion carried 3-0.

  4. APPROVAL OF THE SCHEDULE FOR THE WEEK OF JUNE 26, 2000:
  5. M O T I O N

    Commissioner Disney moved that the Board of County Commissioners approve the Schedule for the week of June 26, 2000.

    Motion carried 3-0.

  6. 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 June 20, 2000:

PETITIONS FOR ABATEMENT: As recommended by the County Assessor, were approved for the following: Lerche, Pedrotti, Pierson, Schlag.

ACTION ITEMS: Reappointment of Charles Huddelson to the Board of Adjustment for a 3 year term effective July 1, 2000 to June 30, 2003; Appointments of Kathleen Wild and Wilma Davis to the Board of Adjustment for a 3 year term effective July 1, 2000 to June 30, 2003; Reappointment of Gary York to the Board of Appeals for a 3 year term effective July 1, 2000 to June 30, 2003. Term Extension for Judy Barth, Phil Hein, Loren Maxey, Randal Stephens, and Everett Van Campen to the Fair Board for a 6 month period effective June 1, 2000 to November 30, 2000; Reappointment of Gregory Koch to the Flood Review Board for a 2 year term effective July 1, 2000 to June 30, 2002; Reappointment of Mark Peterson to the Flood Review Board for a 2 year term effective July 1, 2000 to June 30, 2002 with waiver of term limit; Reappointment of Mark Korb and Rodney Nelson to the Planning Commission for a 3 year term effective July 1, 2000 to June 30, 2003; Reappointment of Betty Anderson to the Rural Land Use Board for a 3 year term effective July 1, 2000 to June 30, 2003; Allison Estates Final Plat; Trails at Vista Bonita Final Plat; Waiver of the Larimer County Personnel Policy Manual for Forfeiting Vacation Leave Accumulations for Penny Roberts; Waiver of the Larimer County Personnel Policy Manual Provision for Forfeiting Vacation Leave Accumulations for Brandi Parrott.

A00-81 AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND TRAILS AT VISTA BONITA LLP

A00-82 SUBDIVISION IMPROVEMENT AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND ALLISON ESTATES, LLC

A00-83 AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE RIGHT MOVE

A00-84 GRANT AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE STATE OF COLORADO ACTING BY AND THROUGH THE COLORADO DEPARTMENT OF LABOR AND EMPLOYEMENT (Wagner-Peyser Funding Agreement)

C00-31 SINGLE ENTRY POINT AGENCY CONTRACT BETWEEN THE BOARD OF COUNTY COMMISSIONERS FOR THE USE AND BENEFIT OF THE LARIMER COUNTY DEPARTMENT OF HUMAN SERVICES AND THE STATE OF COLORADO FOR THE USE AND BENEFIT OF THE DEPARTMENT OF HEALTH CARE POLICY AND FINANCING (Long Term Care Case Management)

R00-124s RESOLUTION REGARDING THE RELEASE OF COLLATERAL FOR STANTON BRIDGE PUD

R00-125s FINDINGS AND RESOLUTION APPROVING THE MILLER MINOR RESIDENTIAL DEVELOPMENT

R00-126s FINDINGS AND RESOLUTION DENYING THE ADAMS MINOR RESIDENTIAL DEVELOPMENT

R00-127s FINDINGS AND RESOLUTION APPROVING THE WILLIS FARM SUBDIVISION

R00-128s FINDINGS AND RESOLUTION APPROVING THE HACIENDA de ARBOLES MINOR RESIDENTIAL DEVELOPMENT

R00-129s FINDINGS AND RESOLUTION APPROVING THE GLEN RIDGE ESTATES SUBDIVISION

R00-130g RESOLUTION APPROVING THE EXTENSION OF TIME TO COMMENCE A BOARD OF COUNTY COMMISSIONERS HEARING FOR PROJECTS SUBMITTED UNDER PREVIOUS LAND USE REGULATIONS

R00-131s RESOLUTION REGARDING THE RELEASE OF WARRANTY COLLATERAL FOR MARY'S LAKE ESTATES

MISCELLANEOUS: Roselle-Shields MLD #99-S1466; Amended Plat of Lots 88, 89, and Tract "C" of Fairway Estates; MRD Plat for Hacienda de Arboles; Amended Plat for Greeley-Boulder Colony, Lot 17-19; Use Restriction Covenant for Anderson's Wonderview Condominiumization; License for Club Operations-Horsetooth Recreation Corporation.

LIQUOR LICENSES: License approval was granted to: Ptarmigan Club LLC - 6% - Fort Collins, CO; Gateway Liquors, Inc. - 6% - Loveland, CO; Boys & Girls Clubs of Larimer County - 3.2% SPECIAL EVENTS PERMIT - Fort Collins, CO. Licenses were issued to: Loveland Moose Lodge #484 - 6% - Loveland, CO; Crystal Lodging, Inc. - 6% TEMPORARY TAVERN PERMIT - Loveland, CO; Loveland Sertoma Club, Inc. - 3.2% SPECIAL EVENTS PERMIT - Loveland, CO; Hickory House South - 6% - Fort Collins, CO.

Motion carried 3-0.

5. ACCEPTANCE OF DONATED SCULPTURE FOR FAIRGROUNDS AND EVENTS CENTER: Mr. Steiner introduced Tom and Dawn Weimer and explained to the Board that the Weimer's were donating a life-size sculpture titled "Too Big For Her Britches" to the Fairgrounds and Events Center at the time of its grand opening. The Board graciously accepted the sculpture on behalf of Larimer County and thanked the Weimer's for this contribution. Some discussion ensued regarding the County's responsibility in providing a concrete pad capable of carrying the 4,000-pound sculpture, and acquiring a granite base upon which "Britches" will stand. Mr. Steiner noted that the money to meet this responsibility would come from the Fairgrounds Tax.

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners accept the donated sculpture "Too Big For Her Britches" on behalf of Larimer County and the Fairgrounds and Events Center.

Motion carried 3-0.

6. 1999 FINANCIAL STATEMENTS AND AUDIT REPORT: Ms. Block introduced Alan Holmberg from the audit firm of Anderson & Whitney. Mr. Holmberg briefly reviewed the 1999 Annual Financial Report and explained that in his opinion, Larimer County's financial records to be in good shape. He noted that there are some recommendations and suggestions listed in the report, and asked if the Board had any questions. The Board was satisfied with the report and thanked Ms. Block and her department for a job well done.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners accept the 1999 Annual Financial Report.

Motion carried 3-0.

7. POLICY ON FUND BALANCE FOR THE BUILDING DEPARTMENT FUND: Mr. Garton requested Board approval to increase the working capital for the Building Department from 29% to 50%; he explained that the higher ratio was necessary because the building permits are paid before the work is completed, and the 50% ration would be in place in case there is ever a dramatic decrease in the local building industry. This would allow the building department to complete the residential and commercial permits that they would have already obligated themselves to.

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners approve a policy of setting the optimum working capital for the Building Department Special Revenue Fund at 50%.

Motion carried 3-0.

8. REQUEST TO CONVERT TEMPORARY EMPLOYEES TO LIMITED TERM EMPLOYEES FOR VOCA/VAWA GRANTS: Ms. Coxen requested Board approval for a .70 Limited Term Employee, that would be paid with the grant monies from their VOCA and VAWA funds for Victim Witness services; she noted that it would be necessary to add benefits for this position and that the County would have to provide the funds to accomplish this. Ms. Coxen stated that the employee hired for this position would have to sign a yearly agreement stating that the position is Limited Term, and if the grant money is not available, then the position would not be funded.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the addition of a .70 Grant Funded Limited Term Employee for the District Attorney's Office.

Motion carried 3-0.

9. 1ST READING OF REVISED ORDINANCE CONCERNING THE BAN OF OPEN FIRES AND FIREWORKS: Mr. Hass explained that Revised Ordinance Concerning the Ban of Open Fires and Fireworks adds contained fires to the ban; he also explained that this ordinance will take effect immediately after the final reading 10 days from now. John McFarlane stated that placing a blanket fire ban across all of Larimer County might not be such a good idea, as there are places, such as Flatiron, that can support open fires safely. The Board asked Mr. Hass if this ordinance allows them the flexibility to call out certain areas where they could allow the use of open fires; Mr. Hass indicated that the ordinance as written, would allow the Board to do this.

10. MODIFICATION OF RESOLUTION RESTRICTING FIREWORKS AND OPEN FIRES:

M O T I O N

Commissioner Disney moved that the Board approve the modification of the Resolution Restricting Fireworks and Open Fires in Larimer County.

Motion carried 3-0.

R00-132g RESOLUTION DECLARING A FIRE BAN IN LARIMER COUNTY

11. DISCUSSION OF VICTIM ASSISTANCE FOR REBUILDING AFTER THE BOBCAT FIRE: Commissioner Disney asked Mr. Garton if the County could waive the building permit fee for those who did not have insurance and need to rebuild their homes; he noted that he was not trying to reward those who did not have the foresight to acquire homeowners insurance, but he felt that the County should be able to help those who will not be able to rebuild without some assistance. Ms. Riley explained that the victims need to contact the American Red Cross first, and then the Red Cross will refer them to appropriate agencies, which could include the County. The Board asked Ms. Riley to work with the Building and Engineering Departments to try and determine which victims would qualify for assistance.

12. WORKSESSION: Mr. Gluckman requested Board approval to send a letter to Senator Campbell asking him to keep wildfires in mind during the upcoming Senate Interior Appropriations Committee as federal funding and resources are of critical importance when fighting forest fires. CONSENSUS OF THE BOARD was to sign the letter and also forward a copy to Senator Allard.

- Ms. LaRue presented the Board with a Bobcat Fire T-shirt and explained that these T-shirts were being distributed to all those who took part in assisting with the Bobcat Fire. Commissioner Disney informed Mr. Garton that there was discussion of training and incorporating Building Department staff for use during future fire emergencies.

- Ms. LaRue also explained to the Board that the Cornerstone Ceremony for the new Justice Center will take place at the corner of Mason Street and LaPorte Avenue Friday, June 23, 2000.

  • Mr. Gluckman requested direction from the Board regarding the Stewardship Trust;

the Board directed Mr. Gluckman to draft a letter of support regarding the parcels of land in Larimer County that were nominated by the Stewardship Trust.

  1. COMMISSIONER REPORTS: None.

14. LEGAL MATTERS: Mr. Donovan submitted a petition from the Red Feather Mountain Library District and requested the Board refer the petition to the County Clerk for examination and verification.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners acknowledges receipt of the petition for establishment of the Red Feather Mountain Library District, and, as provided in section 24-90-107, C.R.S., the Board refers such petition to the office of the Larimer County Clerk & Recorder for examination and verification of signatures. Upon completion of such examination and verification, the County Clerk shall return the petition to the Board where it shall be formally filed, and the procedures in section 24-90-107 C.R.S. and other appropriate authorities carried out.

Motion carried 3-0.

Ms. DeLude requested direction from the Board regarding the zoning violation for the number of bison presently residing at 1021 North Taft Hill Road. The bison density exceeds that allowed for a feed yard. The Board was also concerned with public safety regarding the fencing of the bison. The Board directed Ms. Haag to draft a letter notifying the property owner to comply with the Feed Yard Regulations or apply for Special Review.

Some discussion ensued regarding how to insure the Board does not receive additional public testimony after public testimony for advertised hearings is closed. The Board directed Ms. Haag to draft some documentation that could be placed on the podium in the Commissioners Hearing Room.

The meeting adjourned at 11:15 a.m.

 

THURSDAY, JUNE 22, 2000

SPECIAL MEETING OF THE BOARD OF COUNTY COMMISSIONERS

The Board of County Commissioners met in special session at 11:00 a.m., Chair Olson presided and Commissioners Disney and Rennels were present. Also present was Recording Clerk: Jean O'Connor.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners rescind resolution #R00-132g regarding the amended fire ban and replace it with a corrected resolution regarding the same.

R00-133g RESOLUTION AMENDING A FIRE BAN IN LARIMER COUNTY

Motion carried 3 - 0.

There being no further business, the meeting adjourned at 11:05 a.m.

 

 

 

________________________________________

CHERYL OLSON CHAIR LARIMER COUNTY BOARD OF COMMISSIONERS

 

 

 

MYRNA RODENBERGER

LARIMER COUNTY CLERK AND RECORDER

 

 

(S E A L)

 

 

A T T E S T

 

 

 

_______________________________________

Gael Cookman, Deputy Clerk

 

 

 

_______________________________________

Jean O'Connor, Deputy Clerk to the Board

 

 

 

 

 

 

 

 

 

Background Image: Rocky Mountain National Park by Sue Burke. All rights reserved.