Elk in Rocky Mountain National Park
 

PROCEEDINGS OF THE BOARD OF COUNTY COMMISSIONERS

Monday, April 23, 2001

LAND USE HEARING

(#28)

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 Matt Lafferty, Planner II; Sarah Flick, Environmental Planner; 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. AMENDED PLAT OF LOTS 12, 13 AND 14 OF FORT COLLINS COMMUNITY AIRPARK SUBDIVISION: SE 1/4, 07-07-68; FORT COLLINS COMMUNITY AIRPARK SUBDIVISION.

This is a request for an amended plat to join Lots 12, 13 & 14 of the Fort Collins Community Airpark Subdivision into one lot. Staff findings include 1. The proposed amended plat is in compliance with the Larimer County Master Plan and the Larimer County Land Use Code; 2. The amended plat is compatible with other development in the surrounding area; 3. Approval of the amended plat 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 plat. Staff recommendation is approval of the Amended Plat of Lots 12, 13, and 14 of the Fort Collins Community Airpark Subdivision (File #01-S1735).

2. AMENDED PLAT OF LOTS 2-A AND 3-A OF SUNRISE ACRES: NW 1/4, 16-07-68; SUNRISE ACRES SUBDIVISION

This is a request for an Amended Plat of Lots 2-A and 3-A of the Amended Plat of Lots 2 and 3 of Sunrise Acres, and Lot 4-A of the Replat of Lot 4 of Sunrise Acres. Staff findings include 1. The proposed amended plat is in compliance with the Larimer County Master Plan and the Larimer County Land Use Code; 2. The amended plat is compatible with other development in the surrounding area; 3. Approval of the amended plat 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 plat. Staff recommendation is approval of the Amended Plat of Lots 2-A and 3-A of the Amended Plat of Lots 2 and 3 of Sunrise Acres Subdivision, and Lot 4-a of the Replat of Lot 4 of Sunrise Acres Subdivision (File #01-S1736).

M O T I O N

Commissioner Gibson moved that the Board of County Commissioners approve the Fort Collins Airpark Lots 12-14 Amended Plat #01-S1735 and Sunrise Acres Lots 2A and 3A Amended Plat #01-S1736 as presented and outlined above.

Motion carried 3 - 0.

3. RIVIERA ESTATES RIGHT-OF-WAY VACATION, LOTS 19 & 20: NE 1/4 OF SECTION 19, TOWNSHIP 5N, RANGE 69W; WITHIN 1/4 MILE OF THE INTERSECTION OF CR 23E AND CR 20.

This is a request to vacate a 60' right-of-way easement that is divided between Lots 19 & 20, Riviera Estates. Staff recommendation is denial of the vacation of a 60-foot wide, right-of-way (ROW) easement between Lots 19 & 20 of Riviera Estates because it violates one of the three Review Criteria for right-of-way easement vacations. "The vacation will not leave any land adjoining the right-of-way without an established public road...easement connecting the land with another established public road." (LCLUC Section 5.9.3).

Commissioner Gibson asked if the property to the south of the proposed ROW vacation were to develop, could that development access off County Road 23E (CR23E) and Ms. Flick stated that access to CR 23E is a possibility, however staff and the Loveland Fire Department require a second access to the deveopment. Vacation of this ROW, Ms. Flick continued, could make it more difficult for the southern properties to meet the two-access requirement.

Mr. Steve Travis, applicant, noted that the Spicka property to the south has access to CR 23E and the vacation of the ROW would not limit access. An indefinite reservation of ROW, Mr. Travis continued, seems to be unfair. Chair Rennels asked if Mr. Travis was aware of the ROW dedication when he bought his property and Mr. Travis replied in the affirmative.

Mr. Ken Caufman, applicant, provided pictures of the area which were discussed at length. Mr. Caufman stated that it makes no sense to have another subdivision access throughRiviera Estates when the Homeowners Association maintains the roads. Mr. Caufman also noted that other developments in the area do not have a second access, nor are the homes sprinklered.

Ms. Downs stated that Engineering and Planning staff, as well as some referral agencies, require ROW dedication for connectivity.

Mr. Edward Spicka, adjacent property owner, stated that the County required the ROW at the time Riviera Estates development was approved and he prefers the Board deny the ROW vacation request. Mr. Spicka further noted that if he developed his property in the future, he would only have one access, which would require all the homes be sprinklered. Existing homes in the area were developed under the old county regulations, and sprinklering of the homes is a requirement of the new Land Use Code. Mr. Spicka stated that nothing is being requested of the applicants and that they were aware of the 60-foot ROW when they purchased their lots.

Much discussion ensued regarding the pictures submitted by Mr. Caufman, what appeared to be another access, and requirements of Engineering for accesses off county roads.

Chair Rennels suggested the ROW not be vacated until it is known what possible development with adjacent properties might occur.

M O T I O N

Commissioner Bender moved that the Board of County Commissioners deny the Riviera Estates Right-of-Way Vacation #01-S1740.

Motion carried 3 - 0.

TUESDAY, APRIL 24, 2001

ADMINISTRATIVE MATTERS

(#29)

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; Jeannine Haag, Assistant County Attorney; Larry Timm, Director of Planning; Rob Helmick, Senior Planner; Claudia DeLude, Code Enforcement Officer; Ernie Marx, Agricultural Advisory Board Liaison; Melinda Keen, Commissioner's staff; Donna Hart, Commissioner's Administrative Manager; Deni La Rue, Community Information Manager; and Jean O'Connor, Clerk to the Board.

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

2. APPROVAL OF THE MINUTES FOR THE WEEK OF APRIL 16, 2001:

M O T I O N

Commissioner Gibson moved that the Board of County Commissioners approve the minutes for the week of April 16, 2001 as presented.

Motion carried 3 - 0.

3. APPROVAL OF THE SCHEDULE FOR THE WEEK OF APRIL 30, 2001:

M O T I O N

Commissioner Bender moved that the Board of County Commissioners approve the schedule for the week of April 30, 2001 as presented.

Motion carried 3 - 0.

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

4. CONSENT AGENDA

M O T I O N

Commissioner Gibson moved that the Board of County Commissioners approve the following items as presented on the consent agenda for April 24, 2001:

ACTION ITEM: Approval of the Amended Larimer County Sheriff's Deputies Enhanced Deferred Compensation Program to allow the Sheriff's participation.

PETITIONS FOR ABATEMENT: As recommended by the County Assessor, the following petitions for abatement are approved Blasting Room; Drips; and Progressive Old Town Square.

A01-55 INTERGOVERNMENTAL AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE TOWN OF BERTHOUD REGARDING OPEN SPACE TAXES

A01-56 GRANT AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE STATE BOARD OF GREAT OUTDOORS COLORADO TRUST FUND

*** CLERK'S NOTE: This agreement (A01-56) was submitted and approved without exhibits A & B.***

A01-57 UTILITY EASEMENT AGREEMENT FROM LARIMER COUNTY TO QWEST CORPORATION

A01-58 AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND GALLEGOS SANITATION, INC. FOR TRASH REMOVAL AT VARIOUS LOCATIONS

C01-22 NOTICE OF CONTRACT RENEWAL BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND COLORADO STATE DEPARTMENT OF CORRECTIONS

C01-23 CONTRACT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE STATE OF COLORADO FOR THE USE AND BENEFIT OF THE DEPARTMENT OF CORRECTIONS

MISCELLANEOUS: Lockard Minor Subdivision Final Plat.

LIQUOR LICENSES: The following license was approved Loyal Order of Moose Loveland Lodge 484- 6%- Loveland, CO. The following licenses were issued Al Fresco Great Italian Foods- 6%- Fort Collins, CO and Red Feather Lakes Library Foundation- 6% Special Events Permit- Red Feather Lakes, CO.

Motion carried 3 - 0.

5. DISCUSSION OF BALLOT MEASURE FOR FOOTHILLS GATEWAY: Chair Rennels stated that upon further consideration of a previous discussion concerning this matter in which the Board encouraged Foothills Gateway to solicit sufficient signatures via petition to place the issue on the November 2001 ballot; the County attorney has advised otherwise. Mr. Hass stated that since this issue in not a "Sales Tax Initiative" but is rather a "Mill Levy", Foothills Gateway is not required by statute to petition citizens for placement on the ballot. Mr. Hass stated that the statute requires that "Community Centered Board" be noted within the ballot language and suggested that a "such as" paragraph be included identifying Foothill Gateway. Much discussion ensued as to how to effectively market the ballot issue in order to be successful in November 2001.

6. RECOMMENDATIONS FOR PRIORITIZATION FOR EMERGENCY MEDICAL SERVICES (EMS) GRANT APPLICATION: Mr. Mark Johnson, EMS Coordinator, stated that two grant requests are being considered and that both are valid proposals. The Estes Park Ambulance project is to replace an ambulance and the second is a continuing education request from Front Range Community College, which targets ongoing training of EMS teams in northwest Larimer County. Because applications must prioritize requests, Mr. Johnson continued, he is recommending both requests be considered as high priorities with the Front Range Community College grant ranked slightly higher due to the impact the project would have on the recruitment and retention of qualified volunteers.

M O T I O N

Commissioner Gibson moved that the Board of County Commissioners approve the two grant requests with Front Range Community College ranking slightly higher.

Motion carried 3 - 0.

7. PROGRAM FOR PREFERENTIAL RENTAL OF SURPLUS WATER: Mr. Marx requested Board support of the Agricultural Advisory Board's recommended guidelines for a "point system" for preferential rental of surplus water and support a resolution that the City of Fort Collins adopt a preferential system for a water rental program. Commissioner Bender stated that a citizen should not be penalized for not participating in the CRP Program. Commissioner Bender stated another category should be included, such as "Other" for performance-based stewardship and personal initiative of good stewardship.

M O T I O N

Commissioner Bender moved that the Board of County Commissioners approve the draft point systems for determining eligibility for preferential status for rental of agricultural water from the City of Fort Collins with an additional category allowing for performance-based or personal initiative of good stewardship.

Motion carried 3 - 0.

Consensus of the Board is for Mr. Marx to correct the draft and present it to the City of Fort Collins for support on behalf of the Board.

8. PROPOSAL FOR SUGAR BEET PROCESSING PLANT ACQUISITION: Ms. Lisa Noble, Morgan County Economic Development Corporation and Mr. Roland Mower, Northern Colorado Economic Development Corporation stated that Western Sugar is proposing to sell it's plants in Colorado, Montana, Nebraska and Wyoming and the Rocky Mountain Sugar Growers' Cooperative is proposing to purchase them. The growers, Ms. Noble stated, have committed $180 to $200 per acre toward the purchase and she and Mr. Mower are requesting local support as well. Ms. Noble stated requests of matching funds are being made to the top 5 producing counties in northern Colorado: Morgan and Weld Counties at $20,000 each and $15,000 each from Yuma, Logan and Larimer. Application will be made to the State Economic Development Commission by the end of April in order to save the Colorado sugar beet industry by the end of June. Ms. Noble stated local support would be included in the application. Ms. Noble stated that 2 of the plants are located in Colorado.

Mr. Lancaster suggested the funds come from the Board's Special Project Fund. Chair Rennels inquired what would happen if the State denied the application and Ms. Noble replied that use of the funds would be at the discretion of the Board.

M O T I O N

Commissioner Gibson moved that the Board of County Commissioners authorize $15,000 in matching funds from the Commissioner's Special Project Fund to support the acquisition effort of Rocky Mountain Sugar Grower's Cooperative in the purchase of the Western Sugar Plants contingent upon State approval of the application and authorize the Chair to sign the same upon receipt.

Motion carried 3 - 0.

9. WORK SESSION: Mr. Mark Caughlin, Park Ranger at Horsetooth Reservoir informed the Board of a special event to be held May 6th, 2001 to promote public awareness that there really is water in Horsetooth Reservoir. Ms. La Rue noted that several watercraft venders will be on site and boating demonstrations will be free of charge.

Mr. Joe Ferrando requested Board support in opposing House Bill 01-1392; which would eliminate "personal recognizant bonds" and authorize the use of "Bail Bondsmen" only.

M O T I O N

Commissioner Bender moved that the Board of County Commissioners oppose House Bill 01-1392.

Motion carried 3 - 0.

10. COMMISSIONER REPORTS: Commissioner Bender noted that he attended the LaPorte Area Planning Advisory Committee meeting at which transportation possibilities to Holnam were discussed. Commissioner Bender also noted his attendance at the Genesis Homes open house an affordable housing builder.

Commissioner Gibson stated that he toured the Rawhide Power Plant, a rock quarry and reviewed the design of the new Loveland building.

11. DISCUSSION OF BOARDS AND COMMISSIONS: Ms. Keen noted which Boards had openings and the number of applications submitted. Commissioner Gibson requested a work session to discuss the applications prior to setting up interviews.

12. EXECUTIVE SESSION:

M O T I O N

Commissioner Bender moved that the Board of County Commissioners go into executive session at 11:00 a.m. to discuss a personnel matter.

Motion carried 3 - 0.

Executive session ended at 11:10 a.m., the following action was taken:

M O T I O N

Commissioner Gibson moved that the Board of County Commissioners authorize staff to offer $77,740 for a new Parks Director.

Motion carried 3 - 0.

M O T I O N

Commissioner Bender moved that the Board of County Commissioners go into executive session at 11:15 a.m. to discuss possible litigation.

Motion carried 3 - 0.

Executive session ended at 11:40; no action was taken.

There being no further business, the meeting adjourned at 11:45 a.m.

_______________________________

KATHAY RENNELS, CHAIR

BOARD OF COUNTY COMMISSIONERS

MYRNA J RODENBERGER

CLERK AND RECORDER

S E A L

(A T T E S T)

_______________________________

Jean M. O'Connor, Clerk to the Board

Background Image: Rocky Mountain National Park by Sue Burke. All rights reserved.