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PROCEEDINGS OF THE BOARD OF COUNTY COMMISSIONERS

Monday, April 9, 2001

LAND USE HEARING

(#23 & 24)

The Board of County Commissioners met with Larry Timm, Director of Planning; Chair Rennels presided and Commissioners Bender and Gibson were present. Also present were Carol Evan and Matt Lafferty, Planners II; Traci Downs, Civil Engineer; Jeannine Haag, Assistant County Attorney; and Jean O'Connor, Recording Clerk.

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

1. EAGLE RIDGE ESTATES PLANNED UNIT DEVELOPMENT AND REZONING TIME EXTENSION REQUEST: 13 AND 14-8-69; SOUTHWEST OF THE INTERSECTION OF COUNTY ROAD 15, COUNTY ROAD 58 AND COLORADO HIGHWAY 1 AND NORTH OF THE EAGLE LAKE SUBDIVISION

This is a request for a 6 month time extension (per Section 3.6.C of the Larimer County Land Use Code) of the conditional approval of the Eagle Ridge Estates Planned Unit Development Master Plan, preliminary phase plan and rezoning (from FA, Farming and conditional FA, Farming to FA-1, Farming) for 2 non-contiguous parcels to develop a PUD on 202 acres with 45 dwelling units and 138 acres of open space. Staff findings are 1. In October 1999 the Board of County Commissioners granted conditional approval to a request for rezoning the subject property from FA, Farming and an expired conditional FA zoning (originally O, Open) to FA-1, Farming and to a Planned Unit Development Master Plan and Preliminary Phase Plan to divide the 202 acre property, using a "cluster" design to create 45 lots ranging in size from 0.75 acres to 3.33 acres along with about 138 acres of open space. This approval was granted prior to the adoption of the Larimer County Land Use Code; 2. The conditional approval expired March 1, 2001. Prior to expiration, the applicant requested a 6-month time extension per Section 3.6.C. of the Larimer County Land Use Code. If the time extension request is approved the new expiration date would be September 1, 2001; 3. Staff is not aware of any major concerns with the time extension request and no objections to the request have been raised by County Health and Engineering staff. If the time extension is granted and the new deadline of September 1, 2001 is not met, then the conditional approval will expire. If that occurs, any development of the site would then need to comply with the provisions of the Larimer County Land Use Code in effect at that time; 4. With certain conditions, approval of the 6-month time extension request for the conditional approval of the Master Plan and Preliminary Phase Plan for the Eagle Ridge Estates PUD and Rezoning and the variance from the Larimer County Water, Sewer and Fire Safety Standards Manual requirements regarding standard vs. engineered septic systems, shall not result in significant negative impacts on area properties, provision of services or transportation, or the natural environment. Staff recommendation is approval of one 6-month time extension for the conditional approval of the Eagle Ridge Estates Planned Unit Development Master Plan, preliminary phase plan and rezoning (from FA, Farming and conditional FA, Farming to FA-1, Farming). Original conditions of approval as contained in the Findings and Resolution recorded March 14, 2000 at reception #2000016547 (with modifications because of the elimination of the previously approved equestrian center) are listed below. These conditions must be met and a complete Final Plat application shall be submitted prior to September 1, 2001 or the conditional approval shall expire. I. The rezoning from FA, Farming and expired conditional FA to FA-1, Farming is subject to the following conditions 1. The rezoning shall be for the purpose of the development of the subject properties as Eagle Ridge Estates PUD; 2. Failure to develop the Eagle Ridge Estates PUD as approved and prior to expiration of development approvals may result in rehearing and reconsideration of said rezoning by the Larimer County Board of Commissioners. II. The Master Plan and Preliminary Phase Plan for Eagle Ridge PUD are subject to the following conditions 1. The Final Plat shall be completed in strict conformance with the conditionally approved Master Plan and Preliminary Phase Plan, including all notes, wetlands delineation, septic system easements, open space and off-site access, utility and emergency access easements. Easements and rights-of-way of record and as required by the utility providers, the County Engineering Department and the Colorado Department of Transportation shall be provided on the Final Plat; 2. The following notes shall be included on the Final Plat a) Streets in this development shall not be maintained by Larimer County. Maintenance of the streets shall be the responsibility of the property owners. Failure to maintain these facilities may result in a lien being placed on these lots; b) Passive radon mitigation measures shall be included in construction of residential structures on these lots. The results of a radon detection test conducted in new dwellings once the structure is enclosed but prior to issuance of a certificate of occupancy shall be submitted to the Planning Department. As an alternative, a builder may present a prepaid receipt from a radon tester which specifies that a test will be done within 30 days. A permanent certificate of occupancy can be issued when the prepaid receipt is submitted; c) Lot specific geotechnical testing shall be required to determine whether engineered footing and foundation plans will be required for construction on these lots. A copy of the report and any required engineered plans must be submitted with building permit applications; d) Residential fire sprinkler systems shall be required for dwellings on Lots 25 - 45. Plans must be approved by Poudre Fire Authority prior to building permit issuance. If adequate fire flows are not available in other portions of this development at the time of residential construction, then sprinkler systems shall be required for dwellings in those areas; e) The following fees shall be collected at building permit issuance for new single family dwellings: Poudre R-1 school fees and Larimer County fees for County and Regional Transportation Capital Expansion and Larimer County Park Fee (in lieu of dedication). The fee amount that is current at time of building permit application shall apply; f) Underground utilities shall be required; g) Rural area issues *. Agricultural uses are present in this area which may result in odors, dust and noise at any time of the day or night, seven days a week. These are a normal part of agriculture and should be expected to occur. Larimer County will not take action to stop or hinder legal agricultural uses on properties in this area; *. Lot owners should be aware of the potential for nuisance problems with some wildlife that may use this area, including wildlife eating pet food and garbage or wildlife killing small pets. Wildlife may also be attracted by some types of landscaping. The Division of Wildlife can provide information to property owners but will not remove animals that may be causing problems. It will be up to the homeowners to solve wildlife nuisance problems in a legal manner; *. During certain times of the year mosquitoes may present a significant nuisance. Larimer County does not have a mosquito abatement program. Any mosquito abatement activity will be the responsibility of the homeowner; such activity must be according to applicable Federal, State and local rules and regulations; *. Prairie dog colonies exist in the general area; prairie dogs can be a nuisance if they migrate to developed residential property. At times these animals are implicated in the transmission of plague to people or their pets. It is important for residents to observe animal control requirements for dogs and cats; *. A dog boarding kennel is located along Colorado Highway 1 near the southern end of this development. This use may result in odors and noise that may conflict with residential uses; 3. Final construction plans and drainage and erosion control plans and reports which satisfactorily address site-specific issues as contained in reviewing agency comments shall be required with the Final Plat application. Prior to recording the Final Plat, road construction and utility plans must be approved by applicable agencies, including the Larimer County Engineering and Health Departments, Poudre Fire Authority, Colorado Department of Transportation, Public Service Company, Water Supply and Storage Irrigation Company, North Poudre Irrigation Company, and utility service providers. Plans for identifying and controlling the emergency access and plans for the main entrance gates must be approved by Poudre Fire Authority. Ten copies of plans shall be submitted with the Final Plat application; 4. Copies of permits from the Colorado Department of Transportation for the accesses to the state highway shall be submitted with the Final Plat application (submit 2 copies). No construction shall take place within the highway right-of-way prior to obtaining permits or prior to approval of construction plans; 5. All necessary documents to ensure and provide for perpetual access, emergency access and utility easements across adjacent properties as presented in this application shall be submitted with the Final Plat application for review and approval; 6. All subdivision improvements necessary and proposed for this development are the responsibility of the developer. All improvements must be included in a Subdivision Improvements Agreement (SIA) and guaranteed by approved collateral. These improvements include such road construction, bridge(s), utility extensions, water line (pressure booster) pumps, street signs, fire hydrants, landscaping, internal trail system and other common features. The SIA with cost estimates and proposed collateral must be included in the Final Plat application. Approved collateral shall be submitted prior to recording the Final Plat; 7. a. Covenants and open space management plans for this development shall include provisions for maintenance of the common access roads and emergency access, emergency access gates, drainage facilities, open space tracts, trails and equestrian facilities, and other common elements. These documents must address specific items as recommended by reviewing agencies, including pasture management, weed control and management, wildfire mitigation, and wildlife habitat protection; 7. B. Specific covenants to implement the wastewater management plan as proposed for this development must be included. Formation of the Homeowners Association and submittal of the Association rules and procedures relating to sewer system management, along with the Technical Operations and Maintenance Manual for sewer systems shall be required for review and approval by the County Health Department prior to Final Plat recording; 8. Copies of the written agreements between the applicant and the North Poudre Irrigation Company and the Water Supply and Storage Company shall be submitted with Final Plat application materials; 9. Final Plat application materials shall include a listing of all encroachments in the Public Service Company's gas line easement, including those for roads, trails, utilities, septic easements, landscaping and lots. Encroachments agreements for development improvements must be approved prior to recording the Final Plat. Homeowners Association management plans must also note the presence of this easement and any special provisions for maintenance of open space that may impact or be impacted by the gas line/easement. Any necessary building envelopes for individual lots impacted by the easement shall be included on the Final Plat; 10. The final landscape plan for the development shall be approved by the County Natural Resources Department. Plans shall be consistent with the preliminary landscape plan, including plans for entrance features and signs; 11. Written confirmation from ELCO Water District that the entire development is included within their District shall be submitted with the Final Plat application; 12. Tamarisk trees on the subject property shall be removed as a part of phase 1 construction activities.

2. AMENDED PLAT OF LOTS 1 & 2 OF THE HANNA MINOR LAND DIVISION (MLD): SW 1/4, 04-07-69; LOCATED ON THE NORTH SIDE OF VINE DRIVE APPROXIMATELY 1/2 MILE EAST OF HAVEL DRIVE

This is a request for an amended plat to vacate the east 150 feet of Lot 2-B of the Hanna MLD, and add the vacated property by Boundary Line Adjustment (BLA) to the adjacent metes and bounds parcel, and to vacate the southeasterly 110' x 394' portion of Lot 2-A of the Hanna MLD Staff findings are 1. The proposed amended plats are in compliance with the Larimer County Master Plan and the Larimer County Land Use Code; 2. The amended plats are compatible with other development in the surrounding area; 3. Approval of the amended plats will not result in any significant impacts to neighboring properties, the natural environment, or the provision of services and infrastructure; 4. Property values in the surrounding area would not be adversely affected by the amended plats. Staff recommendation is approval of the Amended Plat of the Hanna MLD (File #00-S1727) to vacate the east 150 feet of Lot 2-B of the Hanna MLD and the southeasterly 110' x 394' portion of Lot 2-A of the Hanna MLD, subject to the following condition 1. Prior to recordation of the Amended Plat the applicant shall address the technical issues contained within the January 24, 2001 referral letter from Dale Greer of the Larimer County Engineering Department.

3. AMENDED PLAT OF LOT 2 OF THE TERRA VISTA MINOR RESIDENTIAL DEVELOPMENT (MRD): SW 1/4, 04-07-69; LOCATED ON THE NORTH SIDE OF VINE DRIVE APPROXIMATELY 1/2 MILE EAST OF HAVEL DRIVE.

This is a request for an amended plat to add the 100' x 394' property vacated by the Hanna MLD to Lot 2 of the Terra Vista MRD. Staff findings are 1. The proposed amended plats are in compliance with the Larimer County Master Plan and the Larimer County Land Use Code; 2. The amended plats are compatible with other development in the surrounding area; 3. Approval of the amended plats will not result in any significant impacts to neighboring properties, the natural environment, or the provision of services and infrastructure; 4. Property values in the surrounding area would not be adversely affected by the amended plats. Staff recommendation is approval of the Amended Plat of the Terra Vista MRD (File #00-S1726) to add the 110' x 394' portion of property vacated by Lot 2-B of the Hanna MLD onto Lot 2 of the Terra Vista MRD, subject to the following condition 1. Prior to recordation of the Amended Plat the applicant shall address the technical issues contained within the January 24, 2001 referral letter from Dale Greer of the Larimer County Engineering Department.

M O T I O N

Commissioner Bender moved that the Board of County Commissioners approve Eagle Ridge Estates Planned Unit Development and Rezoning Preliminary Plat Time Extension #98-S1306; Hanna Minor Land Division Amended Plat #00-S1727; and Terra Vista Minor Residential Division Amended Plat #01-S1726 as presented and outlined above.

Motion carried 3 - 0.

There being no further business, the hearing was recessed at 3:05 p.m.

The Board of County Commissioners reconvened at 7:00 p.m. with Rob Helmick, Senior Planner; Chair Rennels presided and Commissioners Bender and Gibson were present. Also present were Doug Ryan, Environmental Planner; Traci Downs, Civil Engineer; Jeannine Haag, Assistant County Attorney; and Jean O'Connor, Recording Clerk.

1. WILDWING CONSERVATION DEVELOPMENT GENERAL DEVELOPMENT PLAN: 24 & 25-07-68; LOCATED BETWEEN TIMNATH RESERVOIR AND LCR 901/WCR 13 1/2 MILE NORTH OF CR.40 AND SOUTH OF CR. 44.

This is a request for review of a General Development Plan for a Conservation Development of 100 lots on 280 acres. Lots in the proposal range from .8 to 1.8 acres with 53% of the site proposed as residual lands. Staff recommendation is to approve the Wildwing Conservation Development General Development Plan with the following conditions 1. The Preliminary Plat must fully address the off site road issues, including providing the revised Traffic Study; 2. Increase the setbacks along Timnath Reservoir as identified by both the staff and the Reservoir Company by either providing building envelopes or moving the lots back from the edge; 3. Providing the commitments for water and sewer service as identified by the Department of Health and the Environment; 5. Providing the alternate fire emergency access as requested by the Poudre Fire Authority; 5. As a General Development Plan this approval is further conditioned on the premise that the applicant successfully addresses the following in the Preliminary Plat application; 6. Compatibility with existing and allowed land uses in the Area; 7. Compliance with all standards and other requirements of this Code and with all other federal, state and County laws and regulations; 8. Compliance with Section 8 (Standards for All Development) of this Code.

Mr. Helmick requested direction from the Board regarding Section 5.3.6.A.5 of the Land Use Code; which addresses residual land design, size and configuration. Any reduction of the 80% residual land of a development, Mr. Helmick noted, is at the discretion of the Board. Staff, Mr. Helmick continued, recalled discussions pertaining to this section were intended for development in the outlying areas of the County that did not have public service. The Wildwing application will have public sewer service but is proposing a 16% reduction in density in order to reduce the residual land to 53%. Mr. Helmick stated that staff does not believe that the proposal, as submitted, meets the intent of the Land Use Code. Staff is recommending that the residual land be increased to 70% and the elimination of the two eastern clusters and taking these lots and combining them with the other clusters.

Mr. Fred Boekel, the applicant stated that the farm has not been profitable and that the IRS has sent notice that the farm must show a profit or be reclassified as a "Hobby Farm". Because of this, Mr. Boekel continued, the farm must be developed for the benefit of all family members.

Mr. David Klinger, a representative for the applicant, stated that the site was evaluated with respect to environmental constraints, wildlife, and topography and has been redesigned three times based on the Land Use Code and staff comments. Mr. Klinger noted that the Division of Wildlife has approved the final design and the Army Corp. of Engineer has approved the wetland delineation and building envelopes have been established with a 100-foot setback from the wetlands. Mr. Klinger stated that the average lot size is 1 acre, the residual land encompasses 53% of the property, and the density has been reduced 16%. As a result of a market analysis, the proposed lot sizes average 1-acre instead of the allowed 1/2 acre lots with public services.

Commissioner Gibson asked who would maintain the open space and Mr. Klinger stated the Homeowners Association (HOA), however the family would retain ownership of the residual land. Mr. Boekel clarified that a portion of the residual land would be maintained by the HOA and the family LLC will retain ownership and that surface water irrigation remains with the land.

Chair Rennels asked if residents would have recreational access to the reservoir and Mr. Klinger stated visual access only.

Mr. Lucia Liley, attorney for the applicant, stated that although the Planning Commission recommendation was a split vote, the proposal complies with the Land Use Code and the Master Plan. Ms. Liley reiterated that the purpose of this hearing is for the Board to approve the general concept of the proposed layout/design.

Ms. Liley noted that the number of lots has been decreased by no more than 10%, and the lot size increased, while allowing a reduction of the residual land to 53%. Ms. Liley further stated that the County Master Plan allows this proposal to utilize Section 5.3.6.A.5 of the Land Use Code. The Master Plan also states that the design of a cluster is "site specific" and that the character of the cluster will vary based on the site.

Ms. Liley addressed compatibility and that staff is recommending the same density with smaller lots and the neighbors want larger lots than are proposed. The applicant, Ms. Liley continued, is using Section 5.3.6.A.5 to achieve a "down the middle" compromise. Mr. Mark Wilson provided a computerized simulation slide show of what is being proposed and what staff is recommending.

Mr. Don Magnuson, Cache La Poudre Reservoir Company, stated that the company has some issues with the proposal, however they are of a technical nature and the applicant has given a verbal commitment to address them during the preliminary plat stage. Commissioner Bender inquired about a "chain link fence" to protect the campground from the development. Mr. Magnuson stated that that request might have come from the lessee of the campground, however the applicant has agreed to a disclosure statement as to the dangers of the area, thereby having the homeowners take personal responsibility. Commissioner Gibson asked if the current lease is exclusive and Mr. Magnuson said no, and qualified that the reservoir is an amenity for the community and that the Town of Timnath has inquired about use of the reservoir.

Mr. Dell Smith, area resident noted that he prefers the open space and opposes the high density noting that it is too intense for the area. Mr. Smith further noted his preference for 10-acre sites with 80% residual land.

Mr. Kent Glover, farmer on the west side of the reservoir, stated that he has no objections to the proposal and appreciates the consideration given to the design and constraints of the proposal.

The hearing was closed to the public at this time and Ms. Liley stated that the applicant has worked hard with the Reservoir Company and is fully committed to resolutions at final plat. Ms. Liley stated that a straight 80/20 plan would produce more homes on smaller lots and requested the Board approve the proposal as proposed by the applicant.

Mr. Helmick stated that the purpose statement at the beginning of Section 5.3 addresses cluster design and states "..compact development"... and staff is not aware of any public benefit by spreading out the lot sizes and decreasing the open space.

Much discussion ensued regarding more technical aspects of the proposal, which would be addressed during the preliminary plat phase of the application.

M O T I O N

Commissioner Gibson moved that the Board of County Commissioners approve the Wildwing GDP as recommended by the Planning Commission and outlined above.

Motion carried 3 - 0.

There being no further business, the hearing was adjourned at 9:00 p.m.

TUESDAY, APRIL 10, 2001

ADMINISTRATIVE MATTERS

(#25)

The Board of County Commissioners met with Frank Lancaster, County Manager; Chair Rennels presided and Commissioners Bender and Gibson were present. Also present were George Hass, County Attorney; Carol Block, Director of Finance; K-Lynn Cameron, Manager of Open Space; Marc Engemoen, Director of Public Works; Charlie Johnson, Access Coordinator; Deni La Rue, Community Information Officer; Donna Hart, Commissioner's Administrative Manager; and Jean O'Connor, Clerk to the Board.

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

  1. APPROVAL OF THE MINUTES FOR THE WEEK OF APRIL 2, 2001:

M O T I O N

Commissioner Gibson moved that the Board of County Commissioners approve the minutes for the week of April 2, 2001 as presented.

Motion carried 3 - 0.

3. APPROVAL OF THE SCHEDULE FOR THE WEEK OF APRIL 16, 2001:

M O T I ON

Commissioner Bender moved that the Board of County Commissioners approve the schedule for the week of April 16, 2001 as amended.

Motion carried 3 - 0.

4. CONSENT AGENDA:

M O T I O N

Commissioner Gibson moved that the Board of County Commissioners approve the following documents as presented on the consent agenda for April 10, 2001:

ACTION ITEMS: Approval of the revised Larimer County Works Policy on Domestic Violence.

A01-51 ABBREVIATED AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND DOWN ZANKEY CONSTRUCTION, INC FOR REMODEL OF 1501 BLUE SPRUCE DRIVE

R01-55s FINDINGS AND RESOLUTION APPROVING AN AMENDED PLAT OF COTTON WILLOW ESTATES

R01-56s FINDINGS AND RESOLUTION APPROVING THE WAIVER OF INTERGOVERNMENTAL AGREEMENT REQUIREMENTS FOR THE GRAYBILL PLANNED UNIT DEVELOPMENT

R01-57z REZONING FINDINGS AND RESOLUTION CONCERNING THE PETITION OF ARTHUR GALLEGOS

R01-58s FINDINGS AND RESOLUTION APPROVING THE KERNS PRELIMINARY RURAL LAND PLAN

R01-59 FINDINGS AND RESOLUTION APPROVING AN AMENDED PLAT OF BLUE MOUNTAIN SUBDIVISION LOTS 53 & 36

R01-60s FINDINGS AND RESOLUTION APPROVING AN AMENDED PLAT OF SOLDIER CANYON ESTATES

R01-61g RESOLUTION APPROVING EXPENDITURE OF FUNDS IN THE AMOUNT OF $28,000 FROM THE LARIMER COUNTY OPEN SPACE SALES TAX FUNDS FOR THE PURCHASE AND/OR IMPROVEMENTS FOR THE BUCKEYE CONSERVATION EASEMENT

MISCELLANEOUS: Lamb Minor Land Division Amended Plat; Schneider Minor Land Division; Stipulation between Larimer County and Grandbois Enterprises/Fargo County Roadhouse; and Larimer County Works Intervention/Failure to Cooperate Policy.

LIQUOR LICENSES: The following licenses were approved Overland Foods- 3.2%- Laporte, CO; Sandy's Convenience Store- 3.2%; Fort Collins, CO; 287 Discount Liquor- 6%- Fort Collins, CO; Rustic Resort- 6%- Bellvue, CO; and Rustic Liquors- 6%- Bellvue, CO. The following licenses were issued The Baldpate Inn- 6%- Estes Park, CO; Loveland Country Store- 3.2%- Loveland, CO; La Chaumiere- 6%- Lyons, CO; Total #4133- 3.2%- Loveland, CO; Glen Haven General Store- 3.2%- Glen Haven, CO; and Riverbend Resort- 3.2%- Loveland, CO.

Motion carried 3 - 0.

5. SIGNATURE AUTHORITY FOR CONTRACTS AND AGREEMENTS: Ms. Block stated the revised policy increases the amount for which elected officials, division/department heads and the County Manager may sign contracts or agreements. Ms. Block stated that elected officials and division/department heads would be able to sign contracts/agreements up to $25,000 and the County Manager could sign up to $50,000. Any document for $50,000 and above will require the Board's signature. Commissioner Bender asked about accountability and Mr. Lancaster stated that departments are required to follow the State Archive Retension mandates and should have an employee designated and trained in such.

M O T I O N

Commissioner Bender moved that the Board of County Commissioners approve changing the signature authority levels and approve the Administrative Policy 100.2H- Signature Authority for County Documents.

Motion carried 3 - 0.

P01-04 ADMINISTRATIVE POLICY 100.2H- SIGNATURE AUTHORITY FOR COUNTY DOCUMENTS

6. REQUEST TO MODIFY AGREEMENT WITH ROBERT STEINER COMPANY, FAIRGROUNDS AND EVENTS CENTER COORDINATOR

Mr. Lancaster stated that Mr. Steiner has requested the deletion of paragraph B of this agreement due to the potental for a conflict of interest.

M O T I O N

Commissioner Gibson moved that the Board of County Commissioners approve the modification of agreement with the Fairgrounds and Events Center Coordinator, Robert Steiner Company.

Motion carried 3 - 0.

A01-52 MODIFIED AGREEMENT WITH ROBERT STEINER COMPANY, FAIRGROUNDS AND EVENTS CENTER COORDINATOR

7. WORK SESSION: Mr. Lancaster stated that the County is required to publish salaries and warrants twice a year. This requirement is for counties only and is put out for bid each year with the press media. Counties tried to have this requirement abolished in the past due to the cost of publication, but lobbiest for the media successfully defeated the measure at the legislature due to the newsworthiness of the information and revenues received from the counties. As a policy of the previous Board, Mr. Lancaster continued, a paper copy of salaries and warrants is provided to the press media, at no cost, since they (the media) testified this information was of great importance during the legislative session. However, Mr. Lancaster continued, Commissioner Gibson has received a letter from the Reporter Herald requesting the County stop sending them the salary/warrant packets. The reports should only be sent if the Reporter Herald wins the bid for publication. Consensus of the Board is to stop sending the reports to the papers unless specifically requested.

8. COMMISSIONER REPORTS: Commissioner Gibson stated that his Berthoud citizens meeting was well attended and discussions pertained to the proposed Separator Zone.

Commissioner Bender noted that he attended the Senate Chambers Dedication and would be attending discussions requesting PILT dollars in Washington, D.C. next month. Commissioner Bender also stated that he attended the CCI meeting at which the Land Use and Natural Resources Committee opposed SB01- 148 and believes support could be given to HB01-1225 with modifications.

Chair Rennels stated that she also attended CCI and control measures for Foot and Mouth disease were discussed. Chair Rennels also noted that the Board attended a tour of Harvest Farms. Attendence at the Berthoud Separator Zone meeting, Chair Rennels continued, was approximately a couple hundred citizens and compensation to property owners was an issue.

9. LEGAL MATTERS: Mr. Hass stated that an Intergovernmental Agreement (IGA) with the City of Fort Collins, approved January 12, 2001, pertaining to the ownership of open space in the Fossil Creek Reservoir area has a closing date of no later than March 31, 2001. However, for reasons not currently know, it is requested that this closing date be moved to no later than December 31, 2001. This agreement, Mr. Hass continued, allows for equal ownership of the open space in Fossil Creek.

M O T I O N

Commissioner Bender moved that the Board of County Commissioner approve the amendment to the IGA with the City of Fort Collins to allow a closing date no later than December 31, 2001 for open space in the Fossil Creek Reservoir area.

Motin carried 3 - 0.

A01-53 AMENDMENT TO INTERGOVERNMENTAL AGREEMENT WITH THE CITY OF FORT EXTENDING THE CLOSING DATE FOR PROPERTIES IN THE FOSSIL CREEK RESERVOIR AREA

EXECUTIVE SESSION

M O T I O N

Commissioner Bender moved that the Board of County Commissioners go into executive session at 10:50 a.m. for property negotiations and attorney advice.

Motion carried 3 - 0.

Executive session ended at 12:00 p.m.; no action was taken. Direction was provided for staff to negotiate with North Poudre Irrigation Company for exclusive surface water rights to Fossil Creek Reservior. Also staff is to begin discussions with the City of Fort Collins to modify the Fossil Creek Reservoir Management Plan to allow limited non-motorized boating.

There being no further business, the meeting was adjourned at 12:10 p.m.

_____________________________

KATHAY RENNELS, CHAIR

BOARD OF COUNTY COMMISSIONERS

MYRNA J RODENBERGER

CLERK & RECORDER

S E A L

(A T T E S T)

_____________________________

Jean M. O'Connor, Clerk to the Board

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