PROCEEDINGS OF THE BOARD OF COUNTY COMMISSIONERS

Monday, September 11, 2000

LAND USE MEETING

(#651)

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 Sarah Flick, Environmental Planner; Jim Reidhead, Director of the Rural Land Use Center; Rob Helmick, Senior Planner; Doug Ryan, Environmental Planner; Rusty McDaniel, Project Engineer; and Jeannine Haag, Assistant County Attorney. 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. FOSSIL LAKE PLANNED UNIT DEVELOPMENT, 1ST FILING, LOT 14, BLOCK 3 UTILITY EASEMENT VACATION: SW 1/4, SECTION 9, TOWNSHIP 6N, RANGE 68W
  2. This is a request to vacation of a 6-foot utility easement. Staff recommendation is approval of the proposed utility easement vacation of Lot 14, Fossil Lake P.U.D. 1st Filing, Block 3, File #00-S1621.

  3. SWIFT PONDS PRELIMINARY RURAL LAND PLAN TIME EXTENSION: 10-06-68; LOCATED APPROXIMATELY 1 1/2 MILES NORTH OF STATE HIGHWAY 392 ON COUNTY ROAD 5 AND/OR APPROXIMATELY ONE MILE SOUTH OF COUNTY ROAD 38 ON COUNTY ROAD 5.
  4. This is a request to extend the Preliminary approval for the Swift Ponds Preliminary Rural Land Plan for six months beyond the allowed 90 days stated in the Rural Land Use Process. Staff findings include 1. The Swift Ponds Preliminary Rural Land Plan was approved May 17, 1999, with conditions; 2. The applicant is requesting a six-month time extension to submit the Final Plat, Final Development Agreement and other required submittals; 3. This land is a highly visible parcel along Interstate 25. Developing through the RLUP, rather than the other development alternatives, will provide significant benefits to Larimer County. Staff recommendation is approval of a six-month extension of the Preliminary Plan until February 14, 2001. All conditions of approval as stated in the Findings and Resolution dated May 17, 1999, continues to apply.

    M O T I O N

    Commissioner Disney moved that the Board of County Commissioners approve Fossil Lake Planned Unit Development 1st Filing Lot 14, Block 3 Easement Vacation #00-S1621 and Swift Ponds Preliminary Rural Land Plan Time Extension #98-RLP0028 as presented and outlined above.

    Motion carried 2 - 0.

  5. RAVENCREST CHALET APPEAL: 34-05-72; ALONG POLE HILL ROAD AT RAVENCREST CHALET

This is a request to appeal to the Board of County Commissioners pursuant to Section 22.2 of the Larimer County Land Use Code - To the provisions of Section 8.1.5.C.1 -Paving. Staff recommends denial of this appeal to the provisions of Section 8.1.5.C as requested by the applicant.

Commissioner Disney clarified that Pole Hill Road is rather steep and interferes with maintenance efforts and Mr. McDaniel replied in the affirmative and noted that the applicant's preliminary reports stated a grade of 16 - 17% at some portions.

Mr. Wayne Wisman, representative for the applicant, provided history of the site, which is used as a Bible School, retreat/ conference center with a capacity for 73 students and 10 staff. Mr. Wisman continued by noting that a few staff members live on site and visitors are either carpooled to the site or bused, making the additional traffic impact minimal at approximately 10 vehicle trips per day (VTD). Mr. Wisman further explained what the applicant would like to propose in the future, but at present, is only creating "elbow room" with the existing situation.

Mr. Lonnie Sheldon, Van Horn Engineering, provided history for the current VTD from surrounding roads, adjacent developments and businesses and noted that the most intense use of the site is the Bible Camp with 73 children and 10 staff. Mr. Sheldon noted that this minimal impact does not justify the applicant absorbing the entire cost of paving Pole Hill Road. Mr. Sheldon stated that a conservative estimate to pave the road, due to topography and hauling, is $4 - $500,000. Mr. Sheldon further stated that he provided additional information to the Engineering and Road and Bridge Departments within the past 10 days when he met with them to discuss a compromise for a solution to paving. Possibilities discussed include participation with increased maintenance of the road, and the formation of a special or general improvement district (SID or GID). Concerns of area residents, Mr. Sheldon continued, is safety and that if the road is paved, psychologically, a person would think they could drive faster and probably would. Commissioner Disney noted that if the road were paved, then there most likely would be a requirement for guardrails.

Mr. Sheldon stated that the current condition of the road and the number of vehicle trips exceed County standards but the County does not have Pole Hill Road on either a short or long term work program; so it is not fair to make this applicant correct an existing deficit situation when only minimum impacts are anticipated.

Mr. Sheldon stated the applicant is willing to contribute to additional maintenance of the road, payment of capital expansion fees, and participation in a future SID or GID; as well as provide the County staff with an actual vehicle traffic count during the off season. Currently, Mr. Sheldon noted, the numbers being used as "Average Vehicle Trips", are actually hard numbers taken during the busiest time of day/year.

Commissioner Disney suggested the item be tabled to allow staff to review the new information. Mr. Helmick noted that the applicant is under a submittal deadline of September 13, 2000 at 4:30 p.m. due to a pending constitutional amendment on the November ballot.

Chair Olson stated that the best solution is a SID and expressed concern that a decision today can not bind the future Board. Mr. Sheldon disagreed and stated that the request is for a waiver from Section 8.1.5.C.1-Paving, which would be binding pending the submittal of a development application to planning staff. Mr. Helmick stated that if the Board makes a decision today, staff is willing to provide an interpretation for the record of today's hearing for which that decision is based.

Much discussion ensured regarding this action that could be interpreted as precedent setting and Mr. Helmick noted that this applicant's situation is very unique in facts, from any othert possible development proposals in a mountainous area, which might propose many new units and greater impacts to the roads. Mr. Helmick also noted that the steepest grades on the road are believed to be above the driveway of the applicant. Mr. Helmick further stated that there is no guarantee of the future Board's actions based upon today's decision, but if the applicant commits to the three things previously stated and submits an application consistant with representations made this afternoon; then future Boards would be hard pressed to not recognize this action.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners direct staff to draft conditions further outlining why this situation is unique and not precedent setting and grant Ravencrest Chalet a waiver from Section 8.1.5.C.1-Paving of the Larimer County Land Use Code.

Motion carried 2 - 0.

There being no further business, the hearing was adjourned at 4:10 p.m.

TUESDAY, SEPTEMBER 12, 2000

ADMINISTRATIVE MATTERS

(#652)

The Board of County Commissioners met with Neil Gluckman, Assistant County Manager; Chair Olson presided and Commissioner Disney was present. Also present were Larry Timm, Director of Planning; Fred Starr, Planner II; Claudia DeLude, Code Enforcement Officer; Rob Helmick, Senior Planner; Jeannine Haag and Brian Treu, Assistant County Attorneys; Deni La Rue, Community Information Officer; Donna Hart, Commissioner's Administrative Manager; Robert Thompson, Human Services; Ginny Riley, Director of Human Services; and Andy Paratore, Director of Information Management Services. Recording Clerk: Jean O'Connor.

  1. PUBLIC COMMENT: The Board of County Commissioners are available from 9 - 9:30 a.m.
  2. APPROVAL OF THE MINUTES FOR THE WEEK OF SEPTEMBER 4, 2000:
  3. M O T I O N

    Commissioner Disney moved that the Board of County Commissioners approve the minutes for the week of September 4, 2000 with noted correction.

    Motion carried 2 - 0.

  4. APPROVAL OF THE SCHEDULE FOR THE WEEK OF SEPTEMBER 18, 2000:

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the schedule for the week of September 18, 2000 as amended.

Motion carried 2 - 0.

4. CONSENT AGENDA:

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the documents as published on the consent agenda for September 12, 2000:

PETITIONS FOR ABATEMENT: As recommended by the County Assessor, the following abatements were approved: BH 29th Street, Inc; Cape; Carle; Davies; Hardy; Home Depot; Howshar; Hurd; Jewett; Judson/Ball/Judson; McCleary Family Trust; McMillen; Miramont Office Park; Nicholson; SanFilippo; Wampler; Weitkamp; Willis; Yancy Food Service.

A00-131 INTERGOVERNMENTAL AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE CITY OF FORT COLLINS FOR MAINTENANCE OF THE COYOTE RIDGE NATURAL AREA PROPERTIES

A00-132 MEMORANDUM OF UNDERSTANDING BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND PARTNERS OF ESTES PARK FOR USE OF COUNTY FACILITIES

C00-49 CONTRACT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND MOUNTAIN CONSTRUCTORS FOR PINEWOOD LAKE PARKING LOT AND DIKE TRAIL

D00-11 DEED OF DEDICATION OF TRAIL EASEMENT AT WATERDALE MHP

R00-182s FINDINGS AND RESOLUTION APPROVING THE OLANDER PRELIMINARY RURAL LAND PLAN

R00-183s FINDINGS AND RESOLUTION APPROVING THE AMENDED MASTER PLAN AND PRELIMINARY PHASE PLAN FOR INTERCHANGE BUSINESS PARK PLANNED UNIT DEVELOPMENT

R00-184s FINDINGS AND RESOLUTION APPROVING THE PRELIMINARY PLAT OF FOOTHILLS VISTA SUBDIVISION

R00-185z FINDINGS AND RESOLUTION AMENDING SPECIAL REVIEW OF ALLEN AND SUSAN SAGERT

R00-186s FINDINGS AND RESOLUTION APPROVING MODIFICAITON OF CONDITIONS OF APPROVAL FOR WITHROW RIDGE SUBDIVISION

MISCELLANEOUS: Approval of the reinstatement of three positions effective October 1, 2000 that expired during the Business Service Study for Information Management Services; Approval of Administrative Policy and Procedure 100.1D, Larimer County Boards and Commissions.

LIQUOR LICENSES: The following licenses were approved Summit Restaurant- 6%- Loveland, CO; Beaver Inn- 6%- Red Feather Lakes, CO; Charco Broiler- 6%- Fort Collins, CO.

Motion carried 2 - 0.

5. PROCLAMATION FOR CONSTITUTION WEEK: Ms. Ada Mather, Daughters of the American Revolution requested the Board proclaim the week of September 17 - 23, 2000 as Constitution Week.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the week of September 17 - 23, 2000 as Constitution Week.

Motion carried 2 - 0.

6. PROCLAMATION FOR H.O.P.E. WEEK: Mr. Thompson, Ms. Riley and Mr. Rusty Collins, Executive Director of Neighbor to Neighbor requested the Board proclaim the week of September 17 - 23, 2000 as H.O.P.E. (Homeless Organizations for Public Education) Week.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the week of September 17 - 23, 2000 as H.O.P.E. Week.

Motion carried 2 - 0.

7. ACCESS TO JOB GRANT: Ms. Riley and Mr. Thompson stated that an "Access to Jobs" Federal grant was received in the past year for Transfort of Fort Collins and COLT of Loveland and is currently up for renewal. Federal regulations allow counties to use funds from their allocation of Temporary Assistance for Needed Families (TANF) to assist with the local match requirement for the grant. The Department of Transportation (DOT) grant provides operational funding for bus routes that help low income residents access job opportunities in the East Mulberry and East Highway 34 corridors.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve $100,000 from TANF funds to provide the local matching funds for the Access to Jobs grant contingent on continued DOT funding. The $100,000 is to specifically be split as $66,266 to Transfort of Fort Collins and $33,734 to COLT of Loveland.

Motion carried 2 - 0.

  1. CONSOLIDATION OF SERVICES IN THE INFORMATION MANAGEMENT SERVICES DEPARTMENT: Ms. Riley and Mr. Paratore stated
  2. that they have been working toward consolidation of the Human Services Application Development and IMS Help Desk for over a year. Ms. Riley stated that they are now ready to sign a memorandum of understanding. Mr. Paratore noted that no new positions would be created and the consolidation would be a budgetary fiscal wash.

    M O T I O N

    Commissioner Disney moved that the Board of County Commissioners approve the request to move 4.5 positions from Human Services Department to Information Management Services in order to consolidate Application Development and Technical Support Services.

    Motion carried 2 - 0.

  3. INCREASE .5 FTE SUPPORT STAFF POSITIOIN TO FULL TIME IN INFORMATION MANAGEMENT SERVICES DEPARTMENT: Mr. Paratore

stated that wages would be paid from existing enterprise funds and that the fiscal impact will be absorbed with existing fees. Mr. Paratore noted tha the position will be shared with facilites at approximately 4 - 5 hours per week, in order to assist with normal billing duties within Facilities. Mr. Paratore stated that IMS is moving toward a "Dispatch Center" type of operation meaning that an employee will call one number and their call will be logged and dispatched.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the request to increase a .5 FTE position to a permanent full time position.

Motion carried 2 - 0.

Chair Olson read a letter from Governor Owens to Ms. La Rue for her assistance in coordinating Colorado Cares Day.

10. ORDINANCE CONCERNING THE BAN OF OPEN FIRES, CONTAINED OPEN FIRES AND FIREWORKS:At this time Mr. Gluckman requested the Board

recess Administrative Matters and open a public hearing for the purpose of a second reading of the ordinance concerning the ban of open fires, contained open fires and fireworks.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners recess Administrative Matters and open a public hearing for the purpose of a second reading of the ordinance concerning the ban of open fires, contained open fires and fireworks.

Motion carried 2 - 0.

PUBLIC HEARING

for the2nd Reading of

ORDINANCE CONCERNING THE BAN OF OPEN FIRES, CONTAINED OPEN FIRES, AND FIREWORKS #O00-02

The Board of County Commissioners met with Neil Gluckman, Assistant County Manager; Chair Olson presided and Commissioner Disney was present. Also present was Jean O'Connor, Recording Clerk.

Mr. Gluckman stated that this hearing is for the purpose of a second reading on the Ordinance Concerning the Ban of Open Fires, Contained Open Fires and Fireworks. Chair Olson noted there is no public present for comment. Mr. Gluckman noted this revised ordinance allows the Sheriff to inspect and grant a waiver to this ordinance for residents regarding containers/conditions.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the 2nd reading of the ordinance concerning the ban of open fires, contained open fires and fireworks and publication thereof by title only.

Motion carried 2 - 0.

O00-02 ORDINANCE CONCERNING THE BAN OF OPEN FIRES, CONTAINED OPEN FIRES, AND FIREWORKS

At this time Administrative Matters reconviened.

11. WORKSESSION: Mr. Gluckman stated that Chair Olson is currently authorized to attend and vote at the October 6, 2000 Colorado Counties, Inc. Legislative Committee/ Membership Meeting; however, due to a conflict, Commissioner Rennels will be attending/voting and asked Chair Olson to sign authorizing such.

12. COMMISSIONER REPORTS: Commissioner Disney stated that he and Mr. Spencer, Facilities Director, had met with City of Loveland staff and the contractor regarding the exterior of the new Loveland building. After constructive discussions, Mr. Disney continued, the contractor/builder will make some changes to the design and present new rederings.

13. LEGAL MATTERS: Mr. Timm stated that staff had received two "steath tower" applications, which qualify for administrative review and presented photos of the proposed towers to the Board for their information. Commissioner Disney suggested the "tree steath tower" be required to plant live trees around them to provide for a better landscape and suggested a condition of approval be site compatibility.

  1. EXECUTIVE SESSION:

M O T I O N

Commissioner Disney moved that the Board of County Commissioners go into Executive Session at 10:40 a.m. to discuss potential litigation.

Motion carried 2 - 0.

Executive Session ended at 10:45 a.m.; no action was taken.

__________________________________

CHERYL OLSON, CHAIR LARIMER

COUNTY BOARD OF COMMISSIONERS

MYRNA RODENBERGER

LARIMER COUNTY CLERK AND RECORDER

(S E A L)

A T T E S T

__________________________________

Jean M. O'Connor, Clerk to the Board