PROCEEDINGS OF THE BOARD OF COUNTY COMMISSIONERS

Monday, August 21, 2000

 

LAND USE MEETING

(# 641)

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 Dave Shirk, Estes Valley Planner; Matt Lafferty, Planner II; Sean Wheeler, Planner II; Fred Starr, Planner II; Claudia DeLude, Code Enforcement Officer; John Pedas, Code Enforcement Officer; Doug Ryan, Environmental Planner; Rusty McDaniel, Project Engineer; and Jeannine Haag, Assistant County Attorney. Recording Clerk: Jean O'Connor.

Chair Olson noted that consent item #2 CSU RESEARCH FOUNDATION AMENDED MINOR LAND DIVISION & LOT SIZE VARIANCE has been removed from the agenda and stated that the following items are consent and would not be discussed unless requested by the Board or members of the audience.

A member of the audience requested that item #5- Colony Ridge Estates II Preliminary Plat Time Extension be removed from the consent agenda.

  1. AMENDED PLAT, LOT 1, BLOCK 2 AND LOTS 1, 2, AND 3, THIRD AMENDED PLAT OF LOT 2, BLOCK 2, WINDCLIFF ESTATES 4TH SUBDIVISION; THE SITE IS LOCATED ON CEDARCLIFF DRIVE IN WINDCLIFF ESTATES.

This is a request to modify existing lot lines and relocate a portion of an open space lot. This proposal would move two existing lots to the north and modify an existing lot line that changes the surrounding open space configuration but not change the size. Staff findings include 1. This is a proposal to rearrange open space and two lots and to rotate an existing lot line for lot 1, Block 2 and Lots 1, 2, and 3, Third Amended Plat of Lot 2, Block 2, Windcliff Estates 4th Subdivision; 2. The proposal is to move two lots north, relocate open space from where the two lots are moving to the area the lots are moving from, and to rotate the north lot line of a lot located on the southern end of the amended plat (see Figure 1); 3. The modification of lot location will be accomplished in a fashion that changes the surrounding open space lot configuration, but not its size; 4. This proposal falls within the category of a "Minor Subdivision", and satisfies the requirements set forth in the EVDC; 5. This request has been submitted to applicable reviewing agencies and departments for review and comment. No significant issues or concerns were expressed by reviewing staff relative to code compliance or the provision of public services. Staff recommendation is approval of this request.

3. CONDOMINIUM PLAT - COLONA CONDOMINIUMS SUPPLEMENT NO.2 (ALSO KNOW AS LAPORTE PLAZA PLANNED UNIT DEVELOPMENT): SE 1/4 OF 29-08-69; LOCATED ON THE SOUTH SIDE OF COUNTY ROAD 54G JUST WEST OF COUNTY ROAD 52.

This is a request to condominiumize the 5th and 6th of eight residential units in the LaPorte Plaza PUD. Staff findings include 1. The proposed Condominium Plat and declarations are in compliance with the Larimer County Master Plan and Land Use Code; 2. The condominium is compatible with the other development in the surrounding area; 3. Approval of the condominium will not result in any significant impacts to the neighboring properties, the natural environment, of the provision of services and infrastructure; 4. Property values in the surrounding area would not be adversely affected by this condominium; 5. Maintenance of the buildings, parking lots, landscaping and other common areas will be the responsibility of the property owners association, pursuant to the Condominium Declaration and By-laws of the Colona Condominium Association. Staff recommendation is Approval of File #00-S1608 the Colona Condominium Plat Supplement No. 2 (also referred to as the LaPorte Plaza PUD).

  1. RANCHLAND LANE - STREET NAME CHANGE: S 1/2 OF 12-10-68; LOCATED AT THE NORTHEAST CORNER OF INTERSTATE 25 AND COUNTY ROAD 82.

This is a request to assign Ranchland Lane to an un-named road serving nine 35-acre lots. Staff findings include 1. Unique street names are important and needed to accommodate addressing of each dwelling. Having a specific street name within this subdivision that is easily consistent throughout will reduce confusion in location specific addresses; 2. No objections to the proposed application were received; 3. The County Engineering has reviewed the application with no issues of concern. Staff recommendation is approval of the request to affix the street name Ranchland Lane to the un-named segment of roadway found in file #00-S1614 subject to the following condition: The applicants shall be responsible for installing a street name sign at the intersection of Ranchland Lane and County Road 82. Said street sign shall include both street names.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve Windcliff Estates 4th Filling Amended Plat; Colona Condo Plat Supplement #2 #00-S1608; and Ranchland Lane Street Name Change #00-S1614 as presented and outlined above.

Motion carried 2 - 0.

5. COLONY RIDGE ESTATES II PRELIMINARY PLAT TIME EXTENSION: NE 1/4 03-04-69; 1/2 MILE SOUTH OF CR 14, WEST OF AND ADJACENT TO CR 17 (SOUTH TAFT) JUST SE OF CAMPION.

Mr. Dean Dushack, the applicant, asked if the extension could be until February 2001, six months from today, instead of six months from application. Mr. Wheeler stated that the applicant had received two previous extensions and this extension is proposed to expire December 22, 2000. This request is necessary, Mr. Wheeler continued, due to the length of time it has taken the Town of Berthoud to commit to water/sewer taps, which has now been received.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the Colony Ridge Estates II Preliminary Plat Time Extension to December 22, 2000 as submitted.

Motion carried 2 - 0.

6. SWANSON APPEAL: SE 1/4 OF SECTION 22,TOWNSHIP 08 NORTH, RANGE 68 WEST; APPROXIMATELY 1 1/2 MILE EAST OF I-25 ON COUNTY ROAD 54.

This is an appeal to the Board of Commissioners under the provisions of Section 22.2 "Appeals to County Commissioner" to declare Parcel # 88220-00-005 a "Legal Lot". Staff findings include 1. Parcel #88220-00-005 was created by a deed recorded on 4/14/82, under Reception # 454047; 2. The applicant is requesting that the Board of Commissioners designate Parcel #88220-00-005 a "Legal Lot"; 3. The Larimer County Engineering Department and the County Health Department reviewed this application. Both Departments support the request and have indicated that before either a building permit is issued or the land is further subdivided, the applicant will be required to meet appropriate County requirements; 4. The ELCO Water District has provided a statement indicating that they have water facilities in the vicinity of the property available to the applicant; 5. Approval of "Legal Lot" status would not preclude this property from additional County requirements; 6. Because the applicant will be required to meet the requirements necessary to obtain a building permit or subdivide land per Larimer County requirements, the Planning Department has no objections to the determination of Parcel #88220-00-005 as a "Legal Lot". Staff recommendation is to approve the request for Legal Lot Determination with the following condition(s): 1. The applicant must meet all appropriate County requirements before obtaining a Building Permit or being granted approval of any Land Division request.

Mr. Starr noted that a deed sale created this lot, which is not legal by County standards.

Ms. Jo Ann Swanson, the applicant, requested Board approval and realized that she "blew it" when the land was originally sold. Chair Olson asked if there was any intent to further divide the property and Ms. Swanson replied not at this time.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the Swanson Appeal as presented and outlined above.

Motion carried 2 - 0.

7. SPAULDING ZONING VIOLATION: 310 SPAULDING LANE, FORT COLLINS

Ms. DeLude stated that she visited this site today and the property is in compliance and requested the item be withdrawn from the agenda. The Board concurred.

  1. CLARK TRAVEL TRAILER VIOLATION REVISITED: 3992 WEST COUNTY ROAD 50.

Mr. Pedas stated that this alleged violation was first brought before the Board in November 1997, compliance has not been met since; however, Mr. Clark had been to the Building Department and renewed the expired building permit. Commissioner Disney asked if the renewing of the permit eliminated the recommendation to remove the building materials and Mr. Pedas replied in the affirmative.

Mr. Peter Clark, the property owner, stated that he had spoken with Building Code Enforcement and they are willing to work with him toward compliance. Mr. Clark emphatically denied that he is living in the trailer and that he is willing to move it, as well as the boat and horse trailer, to the back of the lot, but he stores tools and materials in the trailer both for his work and for use in building the storage shed. Mr. Clark noted that the trench will be filled in within 30 days, he has recently received a water tap from the City of Fort Collins and intends to complete the shed.

Chair Olson asked what timeframe is intended to complete the work and Mr. Clark stated that he was told it must be complete within six months and he intends to do so. Chair Olson asked what the intentions were after the building is complete and Mr. Clark replied that materials would be placed in or behind the building and that he intended to build a home sometime in the future. Commissioner Disney asked if there is a phone line to the trailer and Mr. Clark stated that there was a line for approximately 30 days until he received a digital cell phone at which time the phone line was disconnected.

Commissioner Disney asked if the site was visited in 1997 to confirm that no one was living in the trailer as requested at the time and Mr. Pedas stated that based on the testimony at that time, he did not visit the site. Much discussion ensued regarding the traffic to and from the site.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners finds that a violation does exist with respect to the storage of the trailer, boat and/ or horse trailer and require the removal of said items within 30 days; and compliance with all building permit requirements.

Motion carried 2 - 0.

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

The Board of County Commissioners reconvened at 6:30 p.m. with Larry Timm, Director of Planning; Chair Olson presided and Commissioners Disney and Rennels were present. Also present were Rob Helmick, Senior Planner and Jeannine Haag, Assistant County Attorney.

M O T I O N

Commissioner Rennels moved that the Board of County Commissioner go into Executive Session to discuss confidential legal advice.

Motion carried 3 - 0.

Executive Session ended at 6:55 p.m.; no action was taken.

LAND USE MEETING

(#641 & 642)

The Board of County Commissioners met at 7:00 p.m. with Larry Timm, Director of Planning; Chair Olson presided and Commissioners Disney and Rennels were present. Also present were Matt Lafferty, Planner II; Rob Helmick, Senior Planner; Rex Burns, Project Engineer; Doug Ryan Environmental Planner; Sylvester Mabry, Civil Engineer; and Jeannine Haag, Assistant County Attorney. Recording Clerk: Jean O'Connor.

Chair Olson stated that the agenda is being amended so the Board could address a recommendation from staff regarding the definition of a "Valid Development Application" as it relates to the citizen initiative for responsible growth and a resolution for the same.

  1. RESOLUTION DETERMINING A "VALID DEVELOPMENT APPLICATION".
  2. This is a request by the Larimer County Planning staff to have the Board define a "Valid Development Application" with respect to the Responsible Growth Initiative. Staff recommendation is 1. A valid development application is a complete application received on or before the date on which the 2000 General Election Ballot is certified by the Colorado Secretary of State for a) Sketch or Concept Review for land division, with final plats approved by the Board of County Commissioners; b) Sketch or Concept Review for Rezoning and Special Reviews heard and approved by the Board of County Commissioners; c) Special Exceptions heard and approved by the Board of Adjustment; and d) Site Plans, with Building Permits obtained within 12 months of approval. 2. Exemptions pursuant to Section 9 of the Initiative: The Board of County Commissioners further clarifies that a request for a setback or bulk variance shall not be considered development requiring further local government approval.

    Mr. Woody Eppecstlelmer, a Larimer County resident, stated that he supports the recommendation of staff and that he strongly objects to being restricted to a certification date instead of awaiting the outcome of the 2000 General Election. The Board concurred and noted that initiative has the appearance of Taxation without Representation.

    M O T I O N

    Commissioner Rennels moved that the Board of County Commissioners approve language for a resolution determining a valid development application to be presented at Administrative Matters on August 22, 2000 for final action.

    Motion carried 3 - 0.

    2. PRELIMINARY PLAT - BACKBONE MEADOWS SUBDIVISION: A PORTION OF THE N 1/2 OF SECTION 7, TOWNSHIP 5 NORTH, RANGE 69 WEST: LOCATED ON THE NORTH SIDE OF BECKER LANE, APPROXIMATELY 1/8 MILE EAST OF COUNTY ROAD 23H (GLADE ROAD). THE INTERSECTION OF COUNTY ROAD AND BECKER LANE IS APPROXIMATELY 3/4 OF A MILE NORTH OF THE INTERSECTION OF HIGHWAY 34 AND GLADE ROAD.

    This is a request for Preliminary Plat approval to subdivide a 90.38 acre parcel into 36 single family residential lots being approximately 2.3 acres in area each, and one 7.10 acre open space tract. Staff recommendation is for approval of the preliminary plat for Backbone Meadows Subdivision (file #99-S1451) with the following conditions 1. The Final Plat for the Backbone Meadows Subdivision (file # 99-S1451) is to be completed in strict conformance to the 1993 Zoning and 1994 Subdivision Resolution for the County of Larimer, State of Colorado; 2. The Final Plat for Backbone Meadows Subdivision shall be completed in strict compliance with the conditionally approved preliminary plat; 3. Short-term improvements as recommended by the traffic report prepared for the Backbone Meadows Subdivision, found in file #99-S1451, shall be constructed as part of improvements for this development; 4. Residential structures and outbuildings constructed on lots 8-12 shall not exceed a maximum roof elevation of 5220 above sea level. The existing grade, prior to any lot modifications, at the center of the structure location and the peak roof elevation shall be noted on the building permits for lots 8-12; 5. A 100-foot sewer system setback shall be labeled on the final plat for all lots that border the Louden Ditch or existing irrigation laterals; 6. Prior to final plat approval the applicant shall provide records that appropriate easements have been secured for the Emergency access in perpetuity along the private roads used for secondary/emergency access; 7. Shockman Lane shall be situated in the appropriate right-of-way or access easement for such a road. Access easements shall only be used for those portions of the road already encompassed by an access easement, all other portions of the road shall be in dedicated rights-of-way; 8. The applicant shall provide a copy of a completed ditch crossing, maintenance and access agreement with the final plat application. Said agreement shall be finalized before the final plat is recorded; 9. Larimer County Transportation Capital Expansion Fees will be collected at the time of building permit for each new residential structure in this development. Said fee amount shall be the fee in effect at the time of building permit application; 10. Cash In-lieu of Park Fees will be collected at the time of building permit for all new residential structures in this development. Said fee amount shall be the fee in effect at the time of building permit application; 11. Cash In-lieu of School Fees for the Thompson R2-J School District will be collected at the time of building permit for new residential structures in this development. Said fee amount shall be the fee in effect at the time of building permit application; 12. Passive radon mitigation measures shall be included in construction of residential structures on these lots. The results of a radon detection test 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; 13. All easements requested by the utility companies serving this site shall be illustrated on the final plat; 14. The internal roads for the subdivision shall be constructed to the specifications of the Larimer County Engineering Department requirements for such roads. The proposed emergency access road construction and alignment shall also be reviewed and approved by the Larimer County Engineering Department and the City of Loveland Fire Protection Bureau; 15. All utilities must be installed underground; 16. Construction plans shall be subject to the review and approval of the County Engineer, City of Loveland Water and Power Department, and City of Loveland Fire Protection Bureau; 17. The following notes shall be on a final disclosure statement: a) Mosquitoes may be a nuisance on this property Larimer County is not responsible for mosquito abatement and any land owner initiated abatement activities must meet all Federal, State and Local rules and regulations; b) Prairie dog colonies exist in the area of this property and may migrate to this property. Prairie dogs have been known to carry plague. Larimer County does not perform prairie dog control; c) There are existing agricultural activities in this are that may produce dust, odors and noise. Larimer County will not take any action to stop or hinder legal agricultural uses of nearby properties; d) There is the potential for wildlife interaction or property damage in this area. Property owners should take appropriate measures to protect property. Neither Larimer County nor the State Division of Wildlife is responsible for damage or control of wildlife; e) This development is the subject of a Development Agreement that has been recorded in the office of the County Clerk and Recorder and is also on file in the Larimer County Planning Office. There are also recorded covenants associated with this plat; f) All driveways over 100' long must be 15' wide and capable of supporting fire apparatus for the length of the driveway; 18. The applicant shall provide information satisfactory to the Larimer County Planning Department and Larimer County Department of Health and Environmental on ground water and soils for lots immediately northeast of the Louden Ditch prior to final plat. If the study indicates that potential contamination of subsurface flows from sanitation systems will occur the applicant will need to either modify the septic system setback from the Louden Ditch or purpose alternative systems that are approved by the Larimer County Health Department; 19. The applicant shall satisfy the concerns of the Engineering Department as found in the May 24, 2000 referral letter from Engineering Department as noted from Sylvester Mabry; 20. Covenant shall be reflective of the acknowledgments of the applicant made in the planning file and public hearing with respect to color and vegetation.

    Mr. Lafferty stated that staff had modified recommendation #7 for clarity from that which was approved by the Planning Commission.

    Chair Olson asked if building envelopes; on Outlot A and the sites adjacent to the backbone, had been established to prohibit development on the backbone and Mr. Lafferty stated that Outlot A is currently involved in negotiations with the Open Lands program and that recommendation #4 establishes height restrictions for lots 8 - 12 inclusive.

    Commissioner Disney asked that recommendation #6 regarding the emergency access easements be in perpetuity and Mr. Lafferty concurred.

    Mr. Ken Meritt, representative for the applicant, stated that the geological features of the backbone would be preserved, easements for the secondary access have been secured, maximum height restrictions have been established in perpetuity for lots 8 - 12, and concerns over drainage and runoff have been addressed in a preliminary sub-surface soils report.

    Mr. Burns stated that concerns regarding drainage have been addressed with the use of an energy dissipater/ spreader and explained how this works. Mr. Burns also noted that covenants would address what could happen if the dissipaters failed and that the County has requested collateral for the proper installation of all facilities.

    Ms. Colleen Brezden, adjacent property owner, stated that current drainage flows toward her home, which requires her to run a sump pump at times continuously. Ms. Brezden noted that more concern seems to have been placed on the septic contamination of the irrigation ditch than with the flooding of homes. Ms. Brezden requested assurance from the Board, that the proposal would not adversely affect her property or those within her development.

    Mr. Dan King, County resident, asked why the new Land Use Code is not applicable and is concerned with the increased traffic on Glade Road and thought the safer access would be off Becker Road.

    Mr. Meritt rebutted stating that drainage has been addressed and that nothing is guaranteed and that the traffic impact report supports the proposed access location. Mr. Meritt noted that the applicant is in agreement with the conditions of approval as submitted and amended.

    Mr. Dale Olhausen, applicant, explained the results of the soils report and noted that a guarantee of no winter water is not possible; however, he will continue to work with existing residents to reduce the chance of winter water.

    Mr. Ryan stated that several areas of the County have water issues when located adjacent to irrigation ditches. The submitted soils report supports the leach field drainage will go under any existing basements and that each new lot will be reviewed at the time of building permit application for septic.

    M O T I O N

    Commissioner Disney moved that the Board of County Commissioners approve the Backbone Meadows Subdivision Preliminary Plat #99-S1451 as amended and outlined above.

    Motion carried 3 - 0.

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

    TUESDAY, AUGUST 22, 2000

    ADMINISTRATIVE MATTERS

    (#642 & 643)

    The Board of County Commissioners met with Frank Lancaster, County Manager; Chair Olson presided and Commissioner Disney was present. Also present were Larry Timm, Director of Planning; Terry Bryant, chief Accountant; Chip Steiner, Fairgrounds Coordinator' Avie Strand, Community Health Services Director; Ann Watson, Health Education Supervisor; Jeannine Haag, Assistant County Attorney; Donna Hart, Commissioners' Administrative Manager; and Deni La Rue, Community Information Officer. Recording Clerk: Jean O'Connor.

    1. PUBLIC COMMENT: The Board is available for public comment from 9:00 - 9:30 a.m.

  3. APPROVAL OF THE MINUTES FOR THE WEEK OF AUGUST 14, 2000:
  4. M O T I O N

    Commissioner Disney moved that the Board of Commissioners approve the minutes for the week of August 14, 2000 as presented.

    Motion carried 2 - 0.

  5. APPROVAL OF NOTED CORRECTIONS TO THE MINUTES FOR THE WEEK OF AUGUST 7, 2000:
  6. M O T I O N

    Commissioner Disney moved that the Board of Commissioners approve noted corrections to the minutes for the week of August 7, 2000.

    Motion carried 2 - 0.

  7. APPROVAL OF THE SCHEDULE FOR THE WEEK OF AUGUST 28, 2000:

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the schedule for the week of August 28, 2000 as amended.

Motion carried 2 - 0.

5. APPROVAL OF THE CONSENT AGENDA:

Mr. Ed Voles, Director of the Estes Valley Library District, encouraged the Board to support the resolution expanding the sale of bonds for the expansion of the library building.

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 22, 2000:

ACTION ITEMS: Appointment of Joseph Marr for a one year term effective August 22, 2000 to June 30, 2001; Frank Vertucci for a two year term effective August 22, 2000 to June 30, 2002; and Teri Olson for a five year term effective July 1, 2000 to June 20, 2005 to the Board of Health. Appointment of Mary Warring for a three year term effective July 1, 2000 to June 30, 2003 to the Urban Growth Area Review Board.

A00-126 AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE CITY OF FORT COLLINS FOR LIBRARY SERVICES

A00-127 AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND BIG THOMPSON APPLIANCE SERVICES FOR CLORO FLORO CARBON REMOVAL SERVICES

A00-128 AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND WELD COUNTY DEPARTMENT OF HUMAN SERVICES

R00-169g RESOLUTION TO CERTIFY A BALLOT QUESTION AUTHORIZING COUNTY ON BEHALF OF ESTES VALLEY PUBLIC LIBRARY DISTRICT TO ISSUE GENERAL OBLIGATION LIBRARY BONDS TO FINANCE CONSTRUCTION OF IMPROVEMENTS TO THE DISTRICT LIBRARY BUILDING

MISCELANEOUS: Glacier View Meadows Subdivision, 7th Filing Lots 10 & 11 Amended Plat.

LIQUOR LICENSES: The following liquor licenses were approved: Fossil Creek Conoco- 3.2%- Fort Collins, CO; Bohemian Cottage Restaurant- 6%- Loveland, CO; Taharaa Mountain Lodge- 6%- Estes Park, CO; Larry's Southwest Liquor- 6%- Fort Collins, CO.

Motion carried 2 - 0.

6. APPROVAL OF A RESOLUTION DEFINING "VALID DEVELOPMENT APPLICATION" AS USED IN PROPOSED AMENDMENT 24

Mr. Timm stated that this resolution was discussed in a public hearing held last evening and asked the Board to approve the resolution defining Valid Development Application as discussed.

Discussion ensued regarding press coverage, mailouts and placement of the resolution on the County web site under "Hot Topics".

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the Resolution and direct staff to prepare a press release regarding the adoption of the definition, mail the press release and definition to the current Planning Department mailing list, and post the information on the County Web Site.

R00-170g RESOLUTION ESTABLISHING THE MEANING OF A "VALID DEVELOPMENT APPLICATION" UNDER PROPOSED INITIATIVE #256- CITIZEN MANAGEMENT OF GROWTH

Motion carried 2 - 0.

  1. REQUEST TO APPROVE BERTHOUD LAND USE INTERGOVERNMENTAL AGREEMENT

Mr. Timm requested approval of a new Intergovernmental Agreement since the previous has had multiple changes since the last amendment. Mr. Lancaster asked how the current Growth Management Areas relate to Initiative 256 and Mr. Timm stated that the committed areas would be approved by a vote of the people and that some of the boundary lines may also change.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the Berthoud Land Use Intergovernmental Agreement and authorize the Chair to sign such; as well as direct staff to amend the County maps required to implement the agreement in accordance with the Berthoud Land Use Land map attached to the agreement dated August 22, 2000.

A00-129 TOWN OF BERTHOUD/ LARIMER COUNTY INTERGOVERNMENTAL AGREEMENT

Motion carried 2 - 0.

8. DISCUSSION OF FAIRGROUNDS SEWER ISSUES: Mr. Lancaster noted that much development is proposed around the fairground site, which requires the sewer line to be increased. Mr. Steiner has requested an independent study for verification of the estimated costs provided by the South Fort Collins Sanitation District. Commissioner Disney suggested staff ask the City of Lovelands' opinion since it is believed the fairgrounds are within the City's 208 Area. Mr. Lancaster concurred and suggested the Board consider the upgraded capacity during initial installation as opposed to improving the line in the future. Mr. Steiner asked if he could continue to move forward while following up on the issues raised and the Consensus of the Board was to move forward while investigating further.

9. MASON STREET TRANSPORTATION CORRIDOR PLAN: Ms. Susanne Durkin, City of Fort Collins Transportation Planning and Parking Manager, provided the Board with an update on the project. Ms. Durkin stated the corridor is for bikes, peds and transit only- no cars; and will run from Cherry Street to Harmony Road and is expected to be completed in 2010.

10. REQUEST WAIVER OF PERSONNEL POLICY: Ms. Bryant requested approve in waiving the personnel policy, which requires advertising of vacancies; and allow Accounting and Reporting to fill the Accounting Technician I vacancy with Ms. Debra Bowman, a current employee who has served as backup to the current Accounting Technicians.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners waive the personnel policy and allow Accounting and Reporting to fill the Accounting Technician I vacancy with Ms. Debra Bowman.

Motion carried 2 - 0.

11. TOBACCO SETTLEMENT GRANT FOR LARIMER COUNTY: Ms. Strand and Ms. Watson request Board approval to accept the Tobacco Settlement Grant award from the Colorado Department of Public Health and Environment and approve the hiring of 4 new staff members and purchase equipment related to those positions. The grant will allow, Ms. Watson continued, more localized education and prevention geared toward young teens and adults as well as assisting current smoker to quit. Chair Olson inquired as to what would happen after the funding period and Ms. Strand stated that it is anticipated that there will be future funding, however these positions are to be contingent upon additional funding.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the acceptance of the Tobacco Settlement Grant to the Department of Health and Environment and the hiring of 4 full time employees and purchase of needed equipment, with positions to be contingent upon future funding from the Tobacco Settlement Grant.

Motion carried 2 - 0.

12. WORKSESSION: Mr. Lancaster presented a draft Boards/Commissions Policy which limits the number of Boards/Commissions a citizen may apply for and requests their interest be prioritized. Mr. Lancaster noted that a complaint had been received from a citizen regarding the process for submitting an application and notification of an appointment or lack thereof. Mr. Lancaster suggested that the application, web site and press releases include notification of interview dates and the best time the applicant may be interviewed. The Board concurred with the suggestions.

Mr. Lancaster clarified the minutes of July 25, 2000 and the intent of the conversation regarding the recovery efforts of the Bobcat Fire and Federal Funding from Natural Resources Conservation Services (NRCS). Mr. Lancaster noted that it was not the intent of the Board or NRCS to have the residents participate in the 75/25 Federal funding program for the recovery. When Commissioner Rennels inquired as to the participation of the residents and their homeowners insurance; she was speaking with respect to individual preventative and recovery measures.

In fact, Mr. Lancaster stated, the efforts by the residents of the community have been remarkable. Mr. Lancaster also commended the County staff who spent hundreds of hours working on the fire and recovery.

  1. COMMISSIONER REPORTS: None
  2. FIRST READING OF THE REVISED FIRE BAN ORDINANCE: Ms. Haag stated that the revision allows the Sheriff to waive individual situations from the Fire Ordinance.

M O T I ON

Commissioner Disney moved that the Board of County Commissioners approve the first reading of the Ordinance concerning the Ban of Open Fires and Fireworks.

Motion carried 2 - 0.

15. LEGAL MATTERS: Ms. Haag stated that a decision has been rendered regarding a complaint filed by Mr. Stucks regarding a lack of medical care at the detention center, in favor of Larimer County in the amount of $70,000??? Or 7,000???

Commissioner Disney requested the County Attorneys' office research the legality of Initiative 256 with respect to required compliance prior to a vote of the people.

EXECUTIVE SESSION

M O T I O N

Commissioner Disney moved that the Board of County Commissioners go into Executive Session at 11:30 a.m. to obtain confidential legal advice and discussion of possible litigation.

Motion carried 2 - 0.

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

THURSDAY, AUGUST 24, 2000

PUBLIC HEARING FOR

FERDALE LOCAL IMPROVEMENT DISTRICT

(#644)

The Board of County Commissioners met with Rex Burns, Project Engineer, at 7:00 p.m.; Chair Pro-Tem Rennels presided and Commissioner Disney was present. Also present were Linda Sanders, Administrative Services Manager, and Jean O'Connor, Recording Clerk.

Mr. Burns provided a brief description of the proposed Ferndale Local Improvement District. The project will acquire additional right of way from property owners to widen the Vernon Road, relocate utility poles and improve/pave Veron and Ferndale roads. Mr. Burns stated that 63% of the property owners had signed a petition in favor of the district, and if approved this evening by the Board, it will be placed on the November 2000 General Election Ballot for a vote by property owners and residents within the district. If approved by a majority of the voters, the additional assessments will start in 2001 and continue for 15 years.

Mr. Delbert Gray, area resident, supports the improvements.

Ms. Kathy Thompson, area resident, inquired as to whom could vote- only current residents/renters and/or absent property owners? Commissioner Disney asked Ms. O'Connor to investigate and respond to Ms. Thompson. Ms. Thompson asked if the proposed curbing would prohibit deliveries via the backside of the shopping center and Mr. Burns stated that the Engineering Department will work with businesses to accommodate deliveries.

Ms. Rosie Wright stated that a few property owners rent their homes and live elsewhere, will they be able to vote? Commissioner Disney asked Ms. O'Connor to investigate this also and respond.

Mr. Joe DeFranko stated that he has had trouble renting the other side of his duplex and felt it was due to the condition of the road. Mr. DeFranko is in favor of the district.

Ms. Vicky Harmon stated that there are nice homes on Vernon Road but the condition of the road makes them look slummy so she supports the district.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the Ferndale Local Improvement District and placement of such on the November 2000 General Election Ballot.

R00-171d RESOLUTION CREATING THE LARIMER COUNTY LOCAL IMPROVEMENT DISTRICT #2000-1: FERNDALE/GODINEZ SUBDIVISIONS

Motion carried 2 - 0.

There being no further business, the hearing was adjourned at 7:30 p.m.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

________________________________

CHERYL OLSON, CHAIR

LARIMER COUNTY COMMISSIONERS

 

 

MYRNA RODENBERGER

LARIMER COUNTY CLERK AND RECORDER

 

 

S E A L

 

 

(A T T E S T)

 

 

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Jean M. O'Connor, Clerk to the Board