Loveland Bike Trail
 

PROCEEDINGS OF THE BOARD OF COUNTY COMMISSIONERS

Monday, December 4, 2000

LAND USE HEARING

(#674)

The Board of County Commissioners met with Larry Timm, Director of Planning at 3:00 p.m.; Chair Olson presided and Commissioner Disney was present. Also present were Fred Starr and Carol Evans, Planner II; Rob Helmick, Senior Planner; Claudia DeLude, Code Enforcement Officer; Rust McDaniel, Project Engineer and Jeannine Haag, Assistant County Attorney. Recorder Clerk: Jean M. O'Connor.

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

This item was tabled from November 6, 2000:

1. BLUE SPRUCE DRIVE RIGHT-OF-WAY VACATION: E 1/2 11-07-70: 6108 BLUE SPRUCE DRIVE. LOT 18, SOLDIER CANYON ESTATES, FIRST FILING.

This is a request to vacate a portion of Blue Spruce Drive located within the lot boundaries of Lot 18, Soldier Canyon Estates, First Filing. Staff recommendation is Approve the request to vacate a portion of Blue Spruce Drive as identified in the "Legal Description" provided by the applicant.

2. PLATTE RIVER POWER AUTHORITY AMENDED SPECIAL REVIEW: 05-10-68; AT THE RAWHIDE POWER PLANT, 10 MILES NORTH OF WELLINGTON AND 3 MILES WEST OF I-25.

This is a request for review of a Special Review Amendment File # Z-54-79 to add a 75 megawatt gas turbine generator to the existing power plant. Staff recommendation is approval of Platte River Power Authority Amended Special Review #00-Z1341 as proposed with the commitments contained in the August 15, 2000 letter from John Fooks.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve Blue Spruce Drive Right-of-Way Vacation #00-S1656 and Platt River Power Authority Amended Review #00-Z1341 as outlined above.

Motion carried 2 - 0.

Ms. DeLude requested that item #4 Painter Zoning Violation #00-ZV1339 be removed from the agenda and tabled to February 5, 2001 at 3:00 p.m.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners table Painter Zoning Violation #00-ZV1339 to February 5, 2000 at 3:00 p.m.

Motion carried 2 - 0.

  1. WOLF SPECIAL REVIEW TIME EXTENSION: NW 1/4 1-7-71; APPROXIMATELY 10.5 MILES WEST OF LAPORTE LOCATED ABOUT 2.5 MILES SOUTH OF RIST CANYON ROAD ON FIRE ROUTE 11.

This is a request for a time extension for completion of the condition of approval for the WOLF Special Review that required a site improvement survey to be completed and submitted by December 13, 2000. An extension to June 1, 2001is requested. Staff findings include 1. Conditional Special Review approval was granted by the Board of County Commissioners in December 1999 for an operation which provides shelter/rescue services for wolf-hybrid dogs and which is also licensed by the Colorado Division of Wildlife as a facility to hold full-blooded wolves; 2. During the public hearing process for the Special Review concerns were expressed that the facility might expand beyond its current location (leased 5 acres within the 40 acre parcel). The materials that had been submitted for the application did not show the extent or location of the 5 acre leased area or the improvements in relationship to the boundaries of the entire 40-acre parcel. The submitted plans also did not include all of the improvements that were located on the site. In order to have an accurate record of the operation/facility and an accurate delineation of the area where the use was permitted, a condition of approval required that this information be submitted; 3. Condition #3 of the Findings and Resolution for the approval was a three-part condition that addressed various actions to be completed by the applicants within certain time frames. The third part of the condition required submittal of a site improvement survey of the leased 5-acre area within the subject 40-acre property (parcel #17010-00-009), along with the location of all improvements (structures, facilities, enclosures). The condition specified a December 13, 2000 deadline for compliance with the requirement; 4. The applicants have requested a 6-month time extension to June 1, 2001 to complete this condition. Their written request cites the costs involved and difficulty in scheduling a surveyor for doing work in the mountains. Granting a one-time 6-month extension should allow sufficient time for completion of this requirement. Staff recommendation is approval of a 6-month time extension to June 1, 2001 for submittal of the site improvement survey of the leased 5 acres within parcel #17010-00-009. The site survey shall show the 5 acres leased area within the 40 acre parcel, along with the location of all improvements (structures, facilities, enclosures). A copy of a signed contract with a surveyor or surveying company for the site improvement survey/site plan with a completion date prior to June 1, 2001 shall be submitted to the County Planning Department by February 5, 2001.

Commissioner Disney asked if the request for extension is denied, would the Special Review, previously approved, be null and void. Ms. Evans stated that a denial may result in a loss of vested rights and/or revocation of the Special Review; however, that would be determined during a different public hearing and not at this time. Commissioner Disney asked if the previously approved number of animals at the site had been complied with and Ms. Evans stated that she did not know and believed that condition of approval is currently the subject of a pending law suit.

Chair Olson asked if other conditions of approval have been met and Ms. Evans replied in the affirmative that to her knowledge the majority of conditions have been met. Chair Olson asked why 6-months is being requested and Ms. Evans stated that is what the applicant requested and allowed for inclement weather.

Mr. Mason Mitchell, representative for W.O.L.F., submitted a work order provided by a local surveying company, which notes that the survey will be performed and completed in late winter- subject to the weather. Mr. Mitchell reiterated that W.O.L.F. is a non-profit agency, which has spent large amounts of money on legal expenses recently as well as compliance with conditions of approval such as wildfire mitigation and evacuations this past summer due to wildfires in the area. Mr. Mitchell requested the Board act favorably on the applicant's request.

Commissioner Disney noted that the Board has compromised several times in the past and the applicant continually "snubs" any requirements placed on the facility and/or makes excuses why they can not comply after the fact. Commissioner Disney asked why the Board should believe the applicant would comply with a six month extension when they couldn't/ wouldn't get a survey within the previous year. Mr. Mitchell replied that in part "no harm- no foul" and that the applicant has submitted a work order showing their intent for compliance.

Chair Olson noted that the applicant should have taken care of this requirement first and before funds were exhausted.

Mr. Frank Wendland, applicant, noted for the record that he is unaware of any promises not previously kept.

Chair Olson inquired as to when and what was the amount of the fees that were waived for the applicant. Ms. Evans stated that the Board waived fees during Administrative Matters on February 21, 2000 but is unsure of the dollar amount at this time.

At this time the hearing was opened for public comment and Mr. Leighton Millar, volunteer at the facility, noted that the Board has not listened to the citizen appointed Planning Commission which recommended that the facility be allowed to maintain 50 animals at any given time. Mr. Malya stated that the Board has always acted arbitrarily and that the community as a whole should appreciate the folks of W.O.L.F. and their efforts.

There being no further comments, the hearing was closed for public comment and Mr. Mitchell had no rebuttal.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the WOLF Special Review Time Extension as presented and outlined above.

Motion carried 2 - 0.

There being no further business, the hearing adjourned at 3:50 p.m.

TUESDAY, DECEMBER 5, 2000

ADMINISTRATIVE MATTERS

(#674 & 675)

The Board of County Commissioners met with Frank Lancaster, County Manager; Chair Olson presided and Commissioners Disney and Rennels were present. Also present were Chip Steiner, Fairgrounds and Events Center Project Coordinator; Neil Gluckman, Assistant County Manager; Donna Hart, Commissioner's Administrative Manager; Deni La Rue, Community Information Officer; Jeannine Haag and Brian Treu, Assistant County Attorneys; and Jean O'Connor, Recording Clerk.

1. PUBLIC COMMENT: The Board of County Commissioners are available to the public from 9:00 - 9:30 a.m.

2. APPROVAL OF THE MINUTES FOR THE WEEK OF NOVEMBER 20, 2000:

Chair Olson abstained since she was not present.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the minutes for the week of November 20, 2000 as presented.

Motion carried 2 - 0.

3. APPROVAL OF THE SCHEDULE FOR THE WEEK OF DECEMBER 11, 2000:

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the schedule for the week of December 11, 2000 as amended.

Motion carried 3 - 0.

  • Invitations: Ms. Hart reviewed pending invitations with the Board.

4. CONSENT AGENDA:

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners remove the issuance of the liquor license for Mishawaka Inn, Inc. from the consent agenda.

Motion carried 3 - 0.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the following documents as published on the consent agenda for December 5, 2000:

PETITIONS FOR ABATEMENT: As recommended by the County Assessor, the following petitions for abatement are approved Faith Realty, Inc.; Hamm; Hargrove; Robertus; and Sanger.

ACTION ITEMS: Appointment of Deputy District Attorney Daniel W. Johnson

A00-165 AGREEMENT ADDENDUM BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND PLATTE RIVER POWER AUTHORITY FOR COMMUNICATIONS

A00-166 AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND BALLOFET-ENTRANCO FOR ARCHITECTURE AND ENGINEERING DESIGN SERVICES

A00-167 DEVELOPMENT AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND DOUGLAS B. AND KATHLEEN M. UDY

A00-168 AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND DISABLED RESOURCE SERVICES

A00-169 AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND PROJECT SELF SUFFICIENCY

A00-170 INTERGOVERNMENTAL AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE CITY OF FORT COLLINS POLICE SERVICES, LOVELAND POLICE DEPARTMENT, AND COLORADO STATE UNIVERSITY POLICE DEPARTMENT

A00-171 SUBDIVISION IMPROVEMENT AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE OWNER/ DEVELOPER OF ALLISON ESTATES SUBDIVISION

C00-62 CONTRACT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND POUDRE SCHOOL DISTRICT

C00-63 CONTRACT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE CITY OF FORT COLLINS FOR HEALTH AND HUMAN SERVICES COMMUNITY PARTNERSHIP (HHSCP)

C00-64 CONTRACT BETWEEN THE BOARD OF COUNTY COMMISSIONS AND RANDY L. AND TAMMY J. NELSON FOR THE SALE OF LOT 75 IN GVM 12TH FILING

C00-65 CONTRACT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE STATE OF COLORADO FOR THE USE AND BENEFIT OF CDOT, OFFICE OF TRANSPORTATION SAFETY AND THE LARIMER COUNTY SHERIFF'S OFFICE

D00-14 DEED OF CONSERVATION EASEMENT FOR SYLVAN DALE LEGACY CONSERVATION EASEMENT

R00-253s FINDINGS AND RESOLUTION APPROVING THE COTTONWOOD FARMS PRELIMINARY RURAL LAND PLAN

R00-254s FINDINGS AND RESOLUTION APPROVING THE RISTVUE PRELIMINARY RURAL LAND PLAN

R00-255s FINDINGS AND RESOLUTION APPROVING THE AMENDMENT TO THE HASENAUER 2ND AMENDED EXEMPTION PARCELS C & D

R00-256g RESOLUTION APPROVING THE LAW ENFORCEMENT ASSISTANCE FUND CONTRACT #L-38-1

R00-257s FINDINGS AND RESOLUTION APPROVING THE MILLER SUBDIVISION

MISCELLANEOUS: Approval of the Larimer County Hub Juvenile Assessment Center Grant; Udy Subdivision Final Plat; Amended Plat for Lots 1-7 Hawutha Hills RLUP Final Plat; and Larimer County Works Policy Revisions/Updates

LIQUOR LICINESES: The following licenses were approved Rock Inn Steakhouse- 6%- Estes Park, CO and Red Feather Café & Bar- 6%- Red Feather Lakes, CO. The following licenses were issued Archer's Poudre River Resort- 3.2%- Bellvue, CO and Young's Liquor- 6%- Fort Collins, CO.

Motion carried 3 - 0.

Discussion ensued regarding the Mishawaka Liquor License issuance and outstanding Building Code Violations. Ms. O'Connor stated that only one violation is related to the liquor license and it is a health/safety issue regarding the outdoor deck. Ms. O'Connor further noted that Mr. Jones is and has been aware of this issue since he submitted his licenses for renewal in October. The license will expire on January 3, 2001.

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners approve the issuance of the Mishawaka Inn, Inc.- 6%- Bellvue, CO liquor license upon compliance with the building code regarding the outdoor deck.

Motion carried 3 - 0.

5. FAIRGROUNDS AND EVENTS CENTER UPDATE: Mr. Steiner provided a fundraising update and noted several promising prospects. Mr. Steiner presented the Board with an agreement with International Coliseums Company, LLC (ICC) and explained that the agreement is for the development of a business and financial plan for which the County's contribution shall not exceed $230,000.

Discussion ensued regarding requests for use of the Fairground and Events Center site for a permanent Renaissance Festival and a two-day concert this summer. Commissioner Rennels noted that the land is currently leased to a farmer; Commissioner Disney noted that the land is fragile, no transportation improvements have been made and the City of Loveland would need to review and approve such requests.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the agreement with ICC for the development of the Fairgrounds and Events Center Business and Financial Plan.

Motion carried 3 - 0.

A00-172 AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND INTERNATIONAL COLISEUMS COMPANY, LLC FOR THE DEVELOPMENT OF THE FAIRGROUNDS AND EVENTS CENTER BUSINESS AND FINANCIAL PLAN

6. WAIVER OF PERSONNEL POLICY FOR THE SHERIFF'S DEPARTMENT: Mr. Lancaster stated this request is due to the re-hire of Deputy Eckrich, and the Sheriff's Departments effort to bring back a very competent officer at a fair rate of compensation.

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners approve waiving the provision of the personnel policy governing hiring rates and vacation accrual rates to allow Deputy Eckrich to be paid at the same grade and step that he received when he resigned in August 2000 and to permit him to resume the accrual rate for vacation leave at 12 hours per month.

Motion carried 3 - 0.

7. POLICY ON INTERNAL POLICY DEVELOPMENT PROCESS: Mr. Lancaster led discussion on the proposed Internal Policy Development Process, which allows employee input prior to adoption. Commissioner Rennels suggested that a timeframe for comment and implementation be included.

8. RESOLUSION CLARIFYING ADOPTED POLICIES CREATING LARIMER COUNTY OFFICES IN WHICH APPOINTEES SERVE AT THE PLEASURE OF THE BOARD OF COMMISSIONERS: Mr. Lancaster stated that this resolution is to clarify that the only County policy regarding appointees who serve at the pleasure of the Board is Section 415 of Chapter IV in the Larimer County Personnel Policy Manual, and that any and all previous policies are rescinded by this action.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the resolution clarifying adopted policies creating County offices in which appointees serve at the pleasure of the Board.

Motion carried 3 - 0.

R00-258g RESOLUTION CLARIFYING ADOPTED POLICIES CREATING LARIMER OCUNTY OFFICE IN WHICH APPOINTEES SERVE AT THE PLEASURE OF THE BOARD OF COMMISSIONERS

9. DISCUSSION OF THE LEGISLATIVE AGENDA: Mr. Gluckman reviewed and discussed items listed for the agenda and Commissioner Disney suggested that Transportation Issues be added.

10. WORKSESSION: Mr. Lancaster stated that a letter received from Foothill Gateway, Inc. has been received and they are requesting "interim funding" in the amount of $87,684. Fund raising efforts by Foothills Gateway have secured $228,091 but the total local match requirement projected is $315,775. Discussion ensued regarding the unsuccessful campaign to raise funds through the Mil Levy Tax Initiative in the November Election and the sole source services which Foothills Gateway provides to the community.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve a one-time funding to Foothills Gateway, Inc. in the amount of $87,684 for interim needs for local match funding.

Motion carried 3 - 0.

Mr. Lancaster stated that the City Council for Fort Collins requested the County's input regarding the expansion of the Downtown Development Authority boundaries. The Board expressed gratitude for the chance to provide comment and suggested that the County be allowed a representative on the Board and to provide input on how dollars would be spent.

M O T I O N

11. COMMISSIOINER REPORTS: Commissioner Disney stated that the final I-25 Corridor Plan presentation had taken place with the Town of Timnath last week. Commissioner Rennels noted that she had attended several meetings at the Colorado Counties Inc. (CCI) conference last week and that issues surrounding Health and Human Services, Growth and Transportation were covered well.

12. LEGAL MATTERS: Ms. Haag stated that the Larimer County, Colorado Single Family Mortgage Revenue Bonds 1984 Series A Tax Exempt Capital Accumulator Bonds and the Larimer County, Colorado Taxable Single Family Mortgage Revenue Refunding Bonds, Series 1994 A have reached full redemption. Therefore, Ms. Haag requested Board approval for the cancellation of the promissory notes and that the deeds of trust securing such notes be released. Ms. Haag further noted that as a result, approximately $700,000 would be available to the County for any public purpose; i.e. the $87,684 to Foothills Gateway, Inc.

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners approve the cancellation of the following promissory notes and the deeds of trust securing such notes be released: Promissory Note in the principal amount of $52,700 dated May 30, 1985 payable to Home Federal Savings and Loan Association of the Rockies by Steven R. Williamson, Karla R. Williamson, Laurence E. Garretson and Bernice B. Garretson; Promissory Note in the principal amount of $25,650 dated October 29, 1984 payable to the Greeley National Bank by James L. Carter and Sherry L. Carter; and Promissory Note in the principal amount of $36,000 dated October 31, 1984 payable to Mellon Financial Serviced Corporation #9 by Judith R. Jackson.

Motion carried 3 - 0.

D00-15 (RELEASED) PROMISSORY NOTE IN THE PRINCIPAL AMOUNT OF $52,700 DATED MAY 30, 1985 PAYABLE TO HOME FEDERAL SAVINGS AND LOAN ASSOCIATION OF THE ROCKIES BY STEVEN R. WILLIAMSON, KARLA R. WILLIAMSON, LAURENCE E. GARRETSON AND BERNICE B. GARRETSON

D00-16 (RELEASED) PROMISSORY NOTE IN THE PRINCIPAL AMOUNT OF $25,650 DATED OCTOBER 29, 1984 PAYABLE TO THE GREELEY NATIONAL BANK BY JAMES L. CARTER AND SHERRY L. CARTER

D00-17 (RELEASED) PROMISSORY NOTE IN THE PRINCIPAL AMOUNT OF $36,000 DATED OCTOBER 31, 1984 PAYABLE TO MELLON FINANCIAL SERVICED CORPORATION #9 BY JUDITH R. JACKSON.

EXECUTIVE SESSION:

M O T I O N

Commissioner Disney moved that the Board of County Commissioners go into Executive Session at 11:20 a.m. for confidential legal advice.

Motion carried 3 - 0.

Executive session ended at 11:35 a.m. and the following action was taken:

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the settlement agreement in the matter of Larimer County Vs Paul Hein.

Motion carried 3 - 0.

A00-173 SETTLEMENT AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND PAUL HEIN.

There being no further business, the Board recessed at 11:40 a.m.

LANDFILL AND TRANSFER STATION RATE INCREASE

(No Audio Available)

The Board of County Commissioners met with Jannelle Henderson, Director of Natural Resources; Chair Olson presided and Commissioners Disney and Rennels were present. Also present were Marc Engemoen, Director of Public Works; Frank Lancaster, County Manager; Stephen Gillette, Assistant Director of Natural Resources; and Jean O'Connor, Recording Clerk.

Ms. Henderson noted that the rate increase in basically for three reasons 1. Personnel costs; 2. Subsidation of the Recycle Center; and 3. An increase in the landfill replacement fund. Ms. Henderson stated that referral agencies are supportive of the rate increase and that one call had been received against the increase by an elderly citizen on a fixed income. Commissioner Disney asked if a cost of living increase has been considered and Ms. Henderson replied in the negative and that staff has previously been directed to "just cover costs".

Commissioner Rennels asked what the remaining life of the landfill is projected to be and Ms. Henderson stated 6 - 8 years without verticle expansion. Chair Olson asked why the increase percentages were so high and Ms. Henderson stated they take into account the expansion of Berthoud as well as a new site for Red Feather Lakes since the lease with the Forest Service is expiring.

Mr. Mark Glorioso, GSI Sanitation, stated that private haulers need to notify their custormers prior to a rate hike; however the proposed rate increase is only three weeks away. Three weeks, Mr. Glorioso continued, is not sufficient time for budgeting purposes; Commissioner Disney concured.

Much discussion ensued regarding the timing for the rate increase and notice to private hauler. Chair Olson stated for the record that her trash provided, GSI Sanitation, had already billed her at the proposed rate inclusive of the increase.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve a 10% increase in disposal rates for the Larimer County Landfill and Berthoud, Wellington, and Red Feather Lakes transfer stations effective March 1, 2001.

Commissioner Rennels asked to amend the motion by changing the effective date to January 1, 2001 since providers have already billed customers at the higher rate; and Commissioner Disney concured.

Motion carried 3 - 0.

There being no further business, the hearing adjourned at 3:30 p.m.

THURSDAY, DECEMBER 7, 2000

FLOOD REVIEW BOARD VARIANCE DENIAL APPEAL

(#675)

The Board of County Commissioners met with Ed Woodward, Engineering; Chair Olson presided and Commissioners Disney and Rennels were present. Also present was Rex Burns, Project Engineer and Jean O'Connor, Recording Clerk.

  1. CENTURY HELICOPTERS, INC. FLOOD REVIEW BOARD VARIANCE DENIAL APPEAL

Mr. Woodward stated that the applicant is requesting this item be tabled to January 18, 2001 to allow the verification of techinical information gathered.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners table the Century Helicopters, Inc. Flood Review Board Variance Denial Appeal to January 18, 2001 at 2:00 p.m. in the Commissioner's Hearing Room.

Motion carried 3 - 0.

There being no further business, the hearing was adjourned at 2:15 p.m.

_______________________________

CHERYL OLSON, CHAIR BOARD

OF COUNTY COMMISSIONERS

MYRNA J. RODENBERGER

LARIMER COUNTY CLERK & RECORDER

(S E A L)

A T T E S T

_______________________________

Jean M. O'Connor, Clerk to the Board

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