Loveland Bike Trail
 

PROCEEDINGS OF THE BOARD OF COUNTY COMMISSIONERS

Monday, August 14, 2000

land use meeting

(# 639)

The Board of County Commissioners met at 3:00 p.m. with Larry Timm, Director of Planning; Chair Olson presided and Commissioner Disney was present. Also present were Tom Garton, Chief Building Official; Russ Legg, Chief Planner; Claudia DeLude, Code Enforcement Officer; Doug Ryan Environmental Planner; Sylvester Mabry, Civil Engineer; and Jeannine Haag, Assistant County Attorney. Recording Clerk: Jean O'Connor.

Chair Olson stated that item #1 Loveland Pit Special Review #99-Z1321 had been removed from the agenda at the request of the applicant and the following items are on the consent agenda and will not be discussed unless requested by the Board of members of the audience.

  1. LOVELAND RURAL FIRE PROTECTION DISTRICT ADOPTION OF 1997 UNIFORM FIRE CODE
  2. Staff recommendation is for approved of the Loveland Rural Fire Protection Districts' adoption of the 1997 Uniform Fire Code (UFC).

  3. WALKER MANUFACTURING - AMENDED SPECIAL REVIEW: NE 1/2 SECTION 2, T6N, R68W; LOCATED AT THE SOUTHWEST CORNER OF THE INTERSECTION OF COUNTY ROAD 3 AND COUNTY ROAD 38.
  4. This is a request to amend the existing Special Review to allow construction of a 100,000 sq.-ft. addition to the existing manufacturing facility. Staff recommendation is approval of Walker Manufacturing Amended Special Review #00-Z1339 with the following conditions 1. The applicant shall record a Stormwater Drainage Easement and Legal Description on Lot 2, Walker Subdivision for the benefit of Lot 1, Walker Subdivision; 2. The Stormwater Drainage Easement shall not be modified or released unless authorized by Larimer County; 3. The applicant shall provide all information required by the Larimer County Engineer in their referral memo dated June 5, 2000 and made part of this report; 4. The applicant shall redesign the proposed east parking lot to limit the total number of employee vehicles directly accessing County Road 3, to no more than 30 vehicles. This shall not apply to truck traffic as described in the Traffic Impact Study; 5. The applicant shall comply with the requirements of Section 12.6, of the Land Use Code, which requires a Development Agreement to assure the completion and maintenance of all improvements required to serve the project; 6. Provide all information as requested by the Larimer County Engineer per attached review comment memo dated June 5, 2000; 7. Provide all information as requested by the Larimer County Health Department per attached review comment memo dated May 25, 2000. Specifically, the Larimer County Health Department will require the following: a) That all required State and County permits be obtained and copies provided to the Larimer County Health Department prior to the installation of the proposed on-site sewer system; b) Only domestic sanitary sewer wastes can be discharged into the on-site sanitary sewer system; c) All "Process Waste" shall be managed by a separate sanitary sewer facility to be approved by Larimer County; d) The Compliance Action Plan, as outlined in the May 2000 Environmental Self-Evaluation and Permit Report contained in the application file, shall be completed as part of the on-going manufacturing operation; 8. Provide a "Knox Box" to be mounted on the front of every new building equipped with a required Sprinkler System of the fire alarm. (Per 97 UFC 902.4; PFA Policy 88-20).

    M O T I O N

    Commissioner Disney moved that the Board of County Commissioners approve Loveland Rural Fire Protection District Adoption of 1997 UFC with noted correction (should be UFC not UBC) and Walker Manufacturing Amended Special Review #00-Z1339 as presented and outlined above.

    Motion carried 2 - 0.

  5. VISTA VIEW ESTATES PLANNED UNIT DEVELOPMENT RELEASE OF WARRANTY COLLATERAL FOR LANDSCAPING: 25-06-69; NORTH OF 57TH STREET IN THE LOVELAND GROWTH MANAGEMENT AREA.

Mr. Legg stated that the applicant is currently on a cell phone trying to come to a compromise with the Vista View Homeowners Association, and asked that this item be moved to the end of the agenda.

5. DISHMAN ZONING VIOLATION: 3409 MARIANA COURT, LOVELAND.

This is an alleged violation for the use of the property as a commercial drilling company vehicle storage facility. The storage of commercial vehicles is not permitted in the FA-Farming zoning district. The FA-Farming district does not permit commercial/industrial uses. Staff findings include 1. The property is zoned FA- Farming; 2. The FA-Farming district does not permit commercial/industrial uses; 3. The continued use of the property, as a commercial business, has affected the neighbors' ability to enjoy their own properties; 4. The continued use of the property, in violation of the zoning regulations, will affect property values in the area. Staff recommendation is find that a violation exists, require compliance within 90 days, and authorize legal action if the deadline is not met.

Ms. DeLude noted that the main problem was the storage of commercial vehicles. The property owner has been working out of State and since the pictures were taken Ms. DeLude continued only one vehicle remains stored on the property. However, the commercial vehicles continue to come and go from the property. Chair Olson inquired as to why compliance within 90 days is being recommended and Ms. DeLude reiterated that the property owner is out of State, but still trying to mitigate the violation.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners find the Dishman Zoning Violation #00-ZV1333 does exist, require compliance within 30 days and authorize legal action if the deadline is not met.

Motion carried 2 - 0.

6. ARVIDSON ZONING VIOLATION: 2717 W. EISENHOWER BLVD.; AKA STATE HIGHWAY 34, LOVELAND

This is an alleged violation for the use of the property as a campground. Campgrounds are not permitted in a C-Commercial zoning district. This use would only be allowed, at this site and in this zoning district, if approved by Special Exception. Staff findings include 1. The property is zoned C-Commercial; 2. The C-Commercial zoning district does not permit campgrounds; 3. The continued use of the property, as a campground, has affected the neighbors' ability to enjoy their own properties; 4. The continued use of the property, in violation of the zoning regulations, will affect property values in the area. Staff recommendation is to find that a violation exists, require compliance within 30 days, and authorize legal action if the deadline is not met.

Ms. DeLude stated that she was on vacation last week and only spoke with the property owner this morning. Mr. Arvidson stated that he had a property manager, Mr. Eynon, and it is Mr. Eynon's in-laws who will be living in the camper for an unspecified period of time due to health issues and finances. Mr. Arvidson did not object to the situation on his property and is willing to assist in making the situation legal if that is possible. Ms. DeLude noted that the Land Use Code extended family dwelling provision does not fit this situation since the parties are not related to the property owner. Commissioner Disney stated that he has concerns about water and sewer.

Mr. Dana Eynon, property manager, stated that the water line has been tapped from the main house and that sewer is also tapped into the sewer line clean out for the main house. Mr. Eynon stated that a City of Loveland employee told him that this was acceptable. Chair Olson asked why there are two trailers and Mr. Eynon replied that his in-laws lived in one and his sister-in-law lived in the other while caring for her mother.

Commissioner Disney suggested the item be tabled to allow staff additional time to work with the property owner in submitting an extended family dwelling application and to allow time to confirm water and sewer usage from the City of Loveland. Chair Olson noted that exceptions had been granted in the past for an extended family dwelling when the parties were not related and Mr. Timm concurred and stated that the property owner would need to submit the application. Commissioner Disney pointed out that there is a lack of affordable housing in Larimer County.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners table the Arvidson Zoning Violation to September 25, 2000 at 3:00 p.m. to allow staff additional time in working with the property owner and property manager for compliance.

Motion carried 2 - 0.

4. VISTA VIEW ESTATES PLANNED UNIT DEVELOPMENT RELEASE OF WARRANTY COLLATERAL FOR LANDSCAPING: 25-06-69; NORTH OF 57TH

This is a request to release the remaining warranty collateral for landscaping for Vista View Estates Planned Unit Development. Staff recommendation is approval of the release of the remaining balance of warranty collateral for landscaping in the amount of $2,602.00 for Vista View Estates Planned Unit Development.

Mr. Legg stated that efforts for a compromise had failed and that the Vista View Homeowners Association (HOA) is requesting the Board forecloses on the warranty collateral and give the money to the HOA for the replacement of dead trees.

Mr. John Minatta, representative of the applicant, stated that the trees planted in Fall 1999 had not been maintained and are dead due to a lack of water. Mr. Minatta asked if the HOA couldn't or wouldn't water the trees, why should the developer be responsible for replacing them again.

Chair Olson asked what had been accomplished since this item was heard in May of this year and Mr. Minatta replied that he had contacted Mill Brothers Landscaping, the original supplier of the trees, and was told that the trees died and/or are stressed due to a lack of water. Commissioner Disney asked who is responsible for the maintenance of the trees and Mr. Legg stated the HOA is responsible.

Mr. Dan Haines, member of the HOA Board, stated that concern was expressed at the time the trees were planted in the Fall of 1999 and the HOA was told that the trees were in a dormant stage and should stay that way until the following Spring. If the trees did not come out of dormancy, they would be replaced. Mr. Haines stated the trees were watered once a week.

Ms. Rene Blanchard, Chair of the Architectural Control Board, noted that many complaints have been received regarding the dead trees and that the HOA is not asking for anything that is unreasonable.

Mr. Minatta rebutted by reiterating that the trees were replaced in October 1999 and that the developer was unaware of any problems until the May 2000 hearing for the release of collateral. Chair Olson stated that the applicant has not acted on the Board's direction given at the May hearing, which was to replace a specified number of trees.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners require the applicant to replace trees identified and recommended by the Larimer County Forester, and upon a satisfactory inspection of said trees by the County Forester, approval of the release of the remainder of collateral.

Ms. Blanchard asked if there is a timeframe for the planting of the trees? Commissioner Disney replied that the County Forester would make that recommendation.

Motion carried 2 - 0.

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

 

TUESDAY, AUGUST 15, 2000

 

ADMINISTRATIVE MATTERS

(#640)

The Board of County Commissioners met at 9:00 a.m. in regular session with Niel Gluckman, Assistant County Manager. Chair Olson presided and Commissioners Disney and Rennels were present. Also present were: Jerry White, Right of Way Agent; Ned Sparks, Loveland Fire Department; Joe Ferrando, Community Corrections Director; Captain Bill Nelson, Sherriff's Department; Don Griffith, Sheriff's Deputy; John MacFarlane, Parks Department Representative; Ralph Jacobs, Human Resources Director; Marie Kincher, Health Department; and Jeannine Haag, Assistant County Attorney. Recording Clerk: Gael Cookman.

1. PUBLIC COMMENT: Woody Eppecstlelmer expressed his concerns with an initiative that limits development and can possibly eliminate any development applications beyond the limits of the initiative retroactive to September 13, 2000. He said that the County procedure, submittal of drawings or sketch plans, should be the measure of when a development begins. Mr. Eppecstlelmer also noted that an initiative that has not even been passed should constrain county procedure and county planning between now and November.

Pamela Gilsenan addressed the Board and requested assistance for her children who have been truant for six of the past seven years.

  1. APPROVAL OF MINUTES FOR THE WEEK OF AUGUST 7, 2000:
  2. M O T I O N

    Commissioner Rennels moved that the Board of County Commissioners approve the Minutes for the week of August 7, 2000.

    Motion carried 3-0.

  3. APPROVAL OF SCHEDULE FOR THE WEEK OF AUGUST 21, 2000:
  4. M O T I O N

    Commissioner Disney moved that the Board of County Commissioners approve the Schedule for the week of August 21, 2000.

    Motion carried 3-0.

  5. APPROVAL OF CONSENT AGENDA:

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 dated August 15, 2000:

ACTION ITEMS: Appointments to the Agricultural Advisory Board: Duane Baggs to an unexpired term effective July 1, 2000 to June 30, 2002; Phil Friedman and Bob Kraft to a three year term effective July 1, 2000 to June 30, 2003. Reappointments to the Agricultural Advisory Board: Ann Grant, Michael Matsuda, and Richard Seaworth to a three year term effective July 1, 2000 to June 30, 2003. Appointment to the Office on Aging Advisory Council: Thomas Nix to a three year term effective July 1, 2000 to June 30, 2003. Reappointments to the Office on Aging Advisory Council: Steve Budner and Ayleen Burns to a three year term effective July 1, 2000 to June 30, 2003. Reappointments to the Office on Aging Advisory Council with a waiver of term limit: Ellen Long and Stan Ulrich to a three year term effective July 1, 2000 to June 30, 2003.

A00-121 PURCHASE AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND BEMAS CONSTRUCTION, INC.

A00-122 SUBDIVISION IMPROVEMENT AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND BRIJER DEVELOPMENT, INC.

A00-123 ADDENDUM TO CABLING SYSTEM AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND COMTEL TECHNOLOGY

A00-124 SUPPLEMENTAL AGREEMENT TO THE ANNUAL PROJECT AGREEMENT RA-AR-75-054 BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE FOREST SERVICES

A00-125 COMMUNITY DEVELOPMENT BLOCK GRANT AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE LOVELAND HOUSING DEVELOPMENT CORPORATION

C00-42 CONTRACT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE COLORADO CHILDREN'S TRUST FUND THROUGH THE DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT AND THE LARIMER COUNTY DEPARTMENT OF HUMAN SERVICES

C00-43 TRANSPORTATION ENHANCEMENT CONTRACT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE STATE OF COLORADO FOR THE USE AND BENEFIT OF THE COLORADO DEPARTMENT OF TRANSPORTATION

R00-158s FINDINGS AND RESOLUTION APPROVING AN AMENDED PLAT IN OWASSA LAKE SUBDIVISION LOTS 22 & 23, BLOCK 26

R00-159s FINDINGS AND RESOLUTION APPROVAL TO AMEND THE CONDITIONS OF APPROVAL OF LOT 72, BERTHOUD LAKE RANCHETTES PLANNED UNIT DEVELOPMENT

R00-160s FINDINGS AND RESOLUTION APPROVING AN AMENDED PLAT AND VACATION OF DRAINAGE EASEMENT IN MOUNT VIEW ACRES SUBDIVISION

R00-161s FINDINGS AND RESOLUTION APPROVING AN AMENDED PLAT AND VACATION OF UTILITY EASEMENTS IN CRYSTAL LAKES 6TH FILING, LOTS 48, 49 & 50

R00-162z FINDINGS AND RESOLUTION DENYING THE WARSON LEGAL LOT APPEAL

R00-163s FINDINGS AND RESOLUTION APPROVING AN AMENDED PLAT AND VACATION OF UTILITY EASEMENT IN CRYSTAL LAKES 15TH FILING, LOTS 36 & 37

R00-164s FINDINGS AND RESOLUTION APPROVING THE STREET NAMING IN THE LAKE CANAL SUBDIVISION

R00-165s FINDINGS AND RESOLUTION APPROVING THE MASTER PLAN AND PRELIMINARY PHASE PLAN OF FOOTHILLS ESTATE II PLANNED UNIT DEVELOPMENT

MISCELLANEOUS: Withrow Ridge Subdivision Final Plat; Amended Plat of Glacier View Meadows Lot 235-A of the Amended Plat of Glacier View Meadows Lots 235 & 236 and Lots 237 of Glacier View Meadows 12th filing; Vista Bonita Acres Lot 12A Amended Plat.

LIQUOR LICENSES: Licenses were approved for: Tornado Club - 6% - Fort Collins, CO; Mishawaka Inn and Amphitheatre - CHANGE OF CORPORATE STRUCTURE - 6% - Bellvue, CO. Licenses were issued to: La Chaumiere - 6% - Lyons, CO; Supermarket Liquors, Inc. - 6% - Fort Collins, CO; Conoco 06358 - 3.2% - Loveland, CO; Vern's Liquor - 6% - LaPorte, CO.

Motion carried 3-0.

5. TRANSFER OF COUNTY PARCEL TO LOVELAND FIRE DEPARTMENT: Mr. White introduced Ned Sparks from the Loveland Fire Department and explained that the County has been parceling back property to the Loveland Fire Department over a period of years, and that the Fire Department uses the land for training purposes. He requested Board signature on a Quit Claim Deed that would transfer additional property adjacent to the Fairgrounds. Commissioner Disney asked if this would impact the Fairgrounds, and Mr. White explained that Bob Holt, Fairgrounds Director, is in agreement with the transfer of property as long as he has access to the area for overflow parking during Fairground functions. Mr. Sparks stated that there would be no problem for the Fairgrounds to use this area for parking when necessary. Mr. Sparks also explained that it is important to obtain possession of this property prior to the Fairgrounds moving to their new location.

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners approve the dedication of 2.5 acres near the Loveland Fairgrounds to the Loveland Fire Department for use as a training facility.

Motion carried 3-0.

R00-166g RESOLUTION QUIT CLAIM DEED BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE CITY OF LOVELAND - 3RD FAIRGROUNDS ADDITION TO THE CITY OF LOVELAND.

6. CDOT BERTHOUD BYPASS REQUEST FOR RIGHT-OF-WAY: Mr. White requested Board approval and signature on a Memorandum of Agreement and Resolution/Quit Claim Deed to accommodate transfer ownership of public right-of-way to CDOT for proposed Highway 287 improvements near Berthoud. Mr. White noted that the County will be paid $959.00 for this parcel.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the transfer of ownership of public ROW to CDOT for the proposed Highway 287 improvements near Berthoud.

Motion carried 3-0.

R00-167g RESOLUTION QUIT CLAIM DEED BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND COLORADO DEPARTMENT OF TRANSPORTATION FOR CR 6 TO SH 402 BERTHOUD BYPASS

7. WORKSESSION: Mr. Gluckman noted that he is still working on the tire recycling issue and that the State has sent an awards letter which should be received by the end of the week. He requested the Board authorize the Chair to sign the contract once all documentation has been received.

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners authorize the Chair to sign the contact, upon receipt, with Rebound & Tech, Inc., for the purpose of recycling tires.

Motion carried 3-0.

8. PUBLIC HEARING ON LOCAL LAW ENFORCEMENT BLOCK GRANT:

M O T I O N

Commissioner Disney moved that the Board close Administrative Matters and open the Public Hearing regarding the Local Law Enforcement Block Grant.

Motion carried 3-0.

Mr. Ferrando noted that The Hub, Larimer County Juvenile Assessment Center, has applied for the Local Law Enforcement Block Grant to partially fund a District Attorney position at the Hub. He noted that this would be a full time position, and would act as a liaison to the Courts and Law Enforcement agencies. Mr. Ferrando explained that there is a 10% match required and the District Attorney's office would cover the costs of the match. Mr. Ferrando requested Board approval of the grant and acceptance of the funds.

Chair Olson asked for public comment regarding this request, there being none, she closed the hearing to the public.

M O T I O N

Commissioner Rennels moved that the Board of County Commissioner approve the Local Law Enforcement Block Grant for use at The Hub.

Motion carried 3-0.

M O T I O N

Commissioner Rennels moved that the Board of County Commissioner close the Local Law Enforcement Block Grant Hearing and re-open the Administrative Matters Meeting.

Motion carried 3-0.

9. FIRE BAN ORDINANCE/U.S. FOREST SERVICE FIRE BAN: Discussion ensued between Mr. Gluckman, Cpt. Bill Nelson, Sheriff's Deputy Don Griffith, Ellen Hodges (U.S. Forest Service Representative), John MacFarlane, and the Board regarding the severity of potential fires both in Larimer County and the Forest Service lands. After much discussion the Board agreed to ban all open fires in Larimer County, noting that this would be consistent with the Forest Service and their decision to ban all open fires. The Board agreed to allow expenditure from the Special Projects Fund in order to assist the Parks Department with signage for their campsites and parks. Mr. MacFarlane questioned his authority to enforce the ban within the parks and Cpt. Nelson explained that the Sheriff might be agreeable to deputizing the parks employees for the sole purpose of assistance in enforcing the fire ban. Mr. Gluckman noted that they will revise the Resolution to reflect the ban on all open fires effective immediately, and that the Ordinance will also be redrafted to include a menu of items that the Board could choose from to possibly enforce in the future. Mr. Gluckman noted that the Ordinance will be brought back to Administrative Matters for the first reading next week.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners authorize the Chair to sign the Resolution banning all open fires in Larimer County.

Motion carried 3-0.

R00-168g RESOLUTION BANNING ALL OPEN FIRES IN LARIMER COUNTY

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners authorize an expenditure not to exceed $5000.00 from the Special Projects Fund for signs prohibiting all open fires within the Larimer County Parks.

Motion carried 3-0.

10. SCHOOL RESOURCE OFFICER: Cpt. Nelson requested that this item be removed from the agenda.

11. HIRING OF NURSE PRACTITIONER FOR THE REPRODUCTIVE HEALTH PROGRAM: Ms. Kincher explained that their department had recently hired a nurse practitioner from out-of-state, but they did not realize until this employee was relocating that they had offered her the position at the wrong salary. Ms. Kincher noted that the employee had agreed to work 75% time, but their department offered her the position with the full time salary listed in error. Mr. Jacobs noted that departments have the ability to hire to step 5 without a waiver from the Board, but in this case the step 5 amount was still considerably lower than the salary quoted to the employee in her appointment letter. Ms. Kincher stated that the employee is highly qualified and that finding and retaining nurse practitioners is becoming increasingly difficult; therefore, she requested Board approval to retain Ms. Marsha Scott at 80% time at Grade 165, Step 12, with retroactive pay at this Grade and Step to June 21, 2000. The Board noted that this was the second time in two weeks that such an error had occurred, and they expressed concern that this might be a trend that departments are using to attract and hire personnel at a higher salary. Mr. Jacobs stated that he felt this is not a trend and that they were two honest mistakes that coincidently happened very close together. He noted that he will draft a memo to the Elected Officials and Department Heads reminding them to pay close attention to the salaries that are offered to new employees to insure they are correct.

M O T I O N

Commissioner Disney move that the Board of County Commissioners approve hiring Marsha Scott at 80% time, Grade 165, Step 12, with retroactive pay at the Grade and Step to June 21, 2000.

Motion carried 3-0.

12. REQUEST FROM SHERIFF'S DEPARTMENT TO WAIVE THE VACATION LEAVE FORFEITURE POLICY: Mr. Jacobs requested Board approval to waive the Vacation Leave Forfeiture Policy and reinstate 133 hours of vacation for Mr. Nantz; he explained that the construction of the Detention Center has prevented Mr. Nantz from taking accrued vacation.

M O T I O N

Commissioner Rennels moved that the Board of County Commissioner approve the request to waive the vacation leave forfeiture provisions of the Larimer County Personnel Manual in order to permit the reinstatement of 133 hours of vacation leave forfeited by Mr. Nantz.

Motion carried 3-0.

  1. COMMISSIONER REPORTS: None
  2. LEGAL MATTERS: None

Meeting adjourned at 11:05 a.m.

 

_________________________________

CHERYL OLSON, CHAIR

BOARD OF COUNTY COMMISSIONERS

 

 

MYRNA RODENBERGER

LARIMER COUNTY CLERK AND RECORDER

 

S E A L

 

(A T T E S T)

 

 

__________________________________

Jean M. O'Connor, Clerk to the Board

 

 

___________________________________

Gael M. Cookman, Deputy Clerk

 

 

 

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