Elk in Rocky Mountain National Park
 

MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

Monday, August 6, 2001

SPECIAL MEETING of

THE BOARD OF COUNTY COMMISSIONERS

The Board of County Commissioners met with Jean O'Connor, Clerk to the Board at 1:30 p.m.; Chair Rennels presided and Commissioners Bender and Gibson were present. Ms. O'Connor requested the Board approve the referees' decisions for the Board of Equalization for August 2 and 3, 2001 as presented.

M O T I O N

Commissioner Gibson moved that the Board of County Commissioners approve the recommendations of the referees for the Board of Equalization Hearings on August 2 & 3, 2001.

Motion carried 3 - 0.

LAND USE HEARING

(#68)

The Board of County Commissioners met at 3:00 p.m. with Larry Timm, Director of Planning; Chair Rennels presided and Commissioners Bender and Gibson were present. Also present were Tom Garton, Chief Building Official; Sean Wheeler, Planner II; Doug Ryan, Environmental Planner; Roxanne Hayes, Engineering; Jeannine Haag, Assistant County Attorney; and Jean O'Connor, Recording Clerk.

Chair Rennels stated that the Larimer County Building Department is pleased to announce the commencement of an annual recognition award program for professionalism in the construction process. The following contractors, architects and engineers, Chair Rennels continued, are committed to the philosophy of professionalism and adherence to building code requirements as evidenced by their business practices. The Board presented plaques to Sergio Plaza, Plaza Engineering Consultants; Larry Trampe, Architectural Resource Group; Orval & Del Kendall, Kendall Construction Company; Rocky Anderson, R&K Construction; Jerry Allen, J. Allen Construction Company; and Gary Westdorp and Jim Kelly, Liberty Homes.

  1. WEBER MINOR LAND DIVISION: NW 13-04-69; AT THE SOUTHEAST SIDE OF THE INTERSECTION OF U.S. HIGHWAY 287 AND COUNTY ROAD #10, NORTHEAST OF THE TOWN OF BERTHOUD
  2. Mr. Wheeler stated that the applicant recently called and requested this item be tabled to allow additional time to address concerns. Mr. Rob Persichittee, representative for the applicant, stated that attorney's involved with this item have requested additional time. Mr. Timm stated the item could be tabled to September 4, 2001 at 3:00 p.m.

    M O T I O N

    Commissioner Gibson moved that the Board of County Commissioners table the Weber Minor Land Division to September 4, 2001 at 3:00 p.m. at the request of the applicant.

    Motion carried 3 - 0.

    There being no further business, the hearing recessed at 3:35 p.m.

    LAND USE HEARING

    (#68)

    The Board of County Commissioners reconvened at 7:00 p.m. with Jill Bennett, Senior Planner; Chair Rennels presided and Commissioners Bender and Gibson were present. Also present were Mark Peterson, County Engineer; Jeannine Haag, Assistant County Attorney; and Jean O'Connor, Recording Clerk.

    1. I-25 CORRIDOR PLAN: 1 MILE EACH SIDE OF I-25 FROM COUNTY RD. 58 TO 2 MILES SOUTH OF STATE HWY. 56

    This is a request to adopt the I-25 Corridor Plan. Staff findings include 1. The I-25 Corridor Plan is consistent with the Principles and the regional planning framework of the Larimer County Master Plan; 2. The I-25 Corridor Plan is consistent with the recommendations and collaborative planning process begun with the Northern Colorado Regional Planning Study; 3. The I-25 Corridor Plan provides a framework for continued regional planning and cooperative action on areas of important region concern including quality of development, natural areas and open lands protection and multi-modal transportation. Staff recommendation is adoption of the I-25 Corridor Plan.

    Ms. Bennett stated that the I-25 Corridor Plan is a regional planning project involving the jurisdictions of Larimer County, Ft. Collins, Loveland, Berthoud, Timnath, Windsor, Johnstown, and Weld County; and the Colorado Dept. of Transportation and the North Front Range Metropolitan Planning Organization. The idea for a corridor plan was developed in 1995, when a group of communities in the region collaborated on the preparation of the northern Colorado Regional Planning Study. The plan outlined a regional vision that ultimately provided the basis for the I-25 Corridor Plan.

    The Plan includes Goals and Objectives concerning Land Use, Transportation, Environment and Natural Resources, Regional Character and Coordination and Implementation.

    Commissioner Gibson asked what each municipality contributed toward the plan and Ms. Bennett replied approximately $300,000 was spent, but did not know individual contributions.

    Mr. John Chilson, Loveland resident, objected to the plan noting the potential for unintentional consequences to some municipalities whose infrastructure is not capable of handling the impacts of commercial centers. Mr. Chilson stated that neighborhoods should be established before commercial centers are developed. The I-25 plan calls for a 660-foot setback, Mr. Chilson continued, fronting his 53-acre parcel; which would take 16-acres of his land. Mr. Chilson asked who would pay him for this 660-foot taking, who would maintain and pay for improvements in the 660-foot setback?

    Mr. Chilson asked what is the purpose of the I-25 Corridor Plan and what public purpose would be served by the plan? Mr. Chilson noted that society has far higher needs than a "pretty undeveloped corridor view" and asked if a 660-foot space dedication would be required of each residential unit developed to provide shelter for the homeless?

    Mr. Don Shannon, a citizen who served on the committee for the I-25 Plan, stated that the plan is an attempt to plan ahead and noted whether we want growth or not, growth and traffic congestion is and will be an issue. Mr. Shannon noted that it is easier to obtain right-of-way prior to development.

    Mr. Chilson stated that the plan calls for "required setbacks" without mention of compensation.

    Mr. Timm stated that page 41 of the plan addresses compensation and that development shall be of a cluster design, thus the setback of 660-feet.

    Commissioner Bender asked if Mr. Chilsons' concerns would be addressed with design standards and Mr. Timm replied in the affirmative.

    Commissioner Gibson asked how long before staff anticipates that the municipalities will annex the corridor and Larimer County would be out of the picture; Ms. Bennett did not know.

    M O T I O N

    Commissioner Gibson moved that the Board of County Commissioners concur with the decision of the Planning Commission to adopt the I-25 Corridor Plan.

    Motion carried 3 - 0.

  3. MODIFICATION OF THE LARIMER COUNTY FUNCTIONAL ROAD CLASSIFICATION MAP: EASTERN LARIMER COUNTY

This is a request to change the Functional Road Classification Map for 11 County Road segments to reflect the I-25 Corridor Plan and the Crossroads Area Transportation Study. Staff findings include 1. The proposed modifications to the Larimer County Functional Road Classification Map are consistent with the Crossroads Area Transportation Study and the I-25 Corridor Plan; 2. The proposed modifications are necessary to establish appropriate setbacks from the County roads and to define access spacing and right-of-way requirements for new development consistent with planned future improvements to the roads. Staff recommendation is approval of the following changes to the Larimer County Functional Road Classification Map:

    1. CR 5 from CR 30E to CR 38 - Change from Minor Collector to Arterial
    2. CR 5 from CR 40 to SH 14 - Change from Minor Collector to Arterial
    3. CR 7 from State Highway 60 to CR 16 - Change from Local to Arterial
    4. CR 16 from CR 7 to CR 9 - Change from Minor Collector to Arterial
    5. CR 9 from CR 16 to SH 402 - Change from Minor Collector to Arterial
    6. CR 3 from CR 16 to SH 34 - Change from Local to Arterial
    7. CR 3 from SH 34 to CR 26 (Crossroads Blvd) - Change from Local to Major Collector
    8. CR 20E from CR 3 to Loveland City Limits - Change from Local to Major Collector
    9. CR 32E from CR 5 to CR 3 - Change from Local to Minor Collector
    10. CR 3 from SH 392 to CR 30 - Change from Local to Major Collector
    11. CR 30 from CR 3 to CR 9 - Change from Local to Major Collector

Mr. Peterson stated that the Larimer County Functional Road Classification Map is part of the Technical Supplement of the Land Use Code and that the requested changes are necessary to implement the I-25 Corridor Plan.

Commissioner Gibson asked if the proposed changes would cause staff to re-prioritize County road improvements and Mr. Peterson said no, the reclassification establishes right-of-way for future roads. Commissioner Gibson asked if residents along the county roads to be reclassified have been notified? Mr. Peterson stated that general public notice has been advertised, but that individual property owners were not individually notified.

Chair Rennels stated that there is no public present to comment on this item.

Mr. Timm stated that the change in road classification would affect required setbacks.

M OT I O N

Commissioner Bender moved that the Board of County Commissioners adopt the proposed Larimer County Functional Road Classification Map as presented.

Motion carried 3 - 0.

There being no further business, the hearing adjourned at 8:00 p.m.

TUESDAY, AUGUST 7, 2001

ADMINISTRATIVE MATTERS

(#69)

The Board of County Commissioners met at 9:00 a.m. with Frank Lancaster, County Manager; Chair Rennels presided and Commissioners Bender and Gibson were present. Also present were Janelle Henderson, Director of Natural Resources; Ann Lujan, Staff Service Manager; Jeannine Haag, Assistant County Attorney; George Hass, County Attorney; Claudia DeLude, Code Enforcement Officer; Rich Grossman; Health Specialist; Rob Helmick, Senior Planner; 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. to 9:30 a.m.

2. APPROVAL OF THE MINUTES FOR THE WEEK OF JULY 30, 2001:

Ms. O'Connor noted a change in the minutes regarding Horsetooth Mountain Park fuel mitigation and the Board concurred with the change.

M O T I O N

Commissioner Gibson moved that the Board of County Commissioners approve the minutes for the week of July 30, 2001 with noted correction.

Motion carried 3 - 0.

3. APPROVE OF THE SCHEDULE FOR THE WEEK OF AUGUST 13, 2001:

M O T I O N

Commissioner Bender moved that the schedule for the week of August 13, 2001 be approved 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 Gibson moved that the following documents be approved as published on the consent agenda for August 7, 2001:

A01-113 DEVELOPMENT AGREEMENT AND RESIDUAL LAND USE RESTRICTIONS BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND STEVE KERNS AND FOX RUN ESTATES HOMEOWNERS ASSOCIATION FOR FOX RUN ESTATES RURAL LAND PLAN

A01-114 INTERGOVERNMENTAL AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS, THE CLERK AND RECORDER AND AIR PARK VILLAGE METROPOLITAN DISTRICT FOR COORDINATED ELECTION SERVICES TO BE CONDUCTED BY MAIL BALLOT FOR 2001 ELECTION

A01-115 INTERGOVERNMENTAL AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS, THE CLERK AND RECORDER AND POUDRE SCHOOL DISTRICT R-1 FOR COORDINATED ELECTION SERVICES TO BE CONDUCTED BY MAIL BALLOT FOR 2001 ELECTION

A01-116 INTERGOVERNMENTAL AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS, THE CLERK AND RECORDER AND TOWN OF JOHNSTOWN FOR COORDINATED ELECTION SERVICES TO BE CONDUCTED BY MAIL BALLOT FOR 2001 ELECTION

A01-117 INTERGOVERNMENTAL AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS, THE CLERK AND RECORDER AND TOWN OF BERTHOUD FOR COORDINATED ELECTION SERVICES TO BE CONDUCTED BY MAIL BALLOT FOR 2001 ELECTION

A01-118 INTERGOVERNMENTAL AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS, THE CLERK AND RECORDER AND WELD COUNTY SCHOOL DISTRICT RE-5J FOR COORDINATED ELECTION SERVICES TO BE CONDUCTED BY MAIL BALLOT FOR 2001 ELECTION

A01-119 INTERGOVERNMENTAL AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS, THE CLERK AND RECORDER AND CITY OF LOVELAND FOR COORDINATED ELECTION SERVICES TO BE CONDUCTED BY MAIL BALLOT FOR 2001 ELECTION

A01-120 INTERGOVERNMENTAL AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS, THE CLERK AND RECORDER AND TOWN OF WELLINGTON FOR COORDINATED ELECTION SERVICES TO BE CONDUCTED BY MAIL BALLOT FOR 2001 ELECTION

A01-121 INTERGOVERNMENTAL AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS, THE CLERK AND RECORDER AND LOVELAND RURAL FIRE PROTECTION DISTRICT FOR COORDINATED ELECTION SERVICES TO BE CONDUCTED BY MAIL BALLOT FOR 2001 ELECTION

A01-122 INTERGOVERNMENTAL AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS, THE CLERK AND RECORDER AND BERTHOUD FIRE PROTECTION DISTRICT FOR COORDINATED ELECTION SERVICES TO BE CONDUCTED BY MAIL BALLOT FOR 2001 ELECTION

A01-123 INTERGOVERNMENTAL AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS, THE CLERK AND RECORDER AND RED FEATHER LAKES FIRE PROTECTION DISTRICT FOR COORDINATED ELECTION SERVICES TO BE CONDUCTED BY MAIL BALLOT FOR 2001 ELECTION

A01-124 INTERGOVERNMENTAL AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS, THE CLERK AND RECORDER AND LYONS FIRE PROTECTION DISTRICT FOR COORDINATED ELECTION SERVICES TO BE CONDUCTED BY MAIL BALLOT FOR 2001 ELECTION

A01-125 INTERGOVERNMENTAL AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS, THE CLERK AND RECORDER AND ESTES VALLEY RECREATION AND PARKS DISTRICT FOR COORDINATED ELECTION SERVICES TO BE CONDUCTED BY MAIL BALLOT FOR 2001 ELECTION

A01-126 INTERGOVERNMENTAL AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS, THE CLERK AND RECORDER AND PARKS SCHOOL DISTRICT R-3 FOR COORDINATED ELECTION SERVICES TO BE CONDUCTED BY MAIL BALLOT FOR 2001 ELECTION

A01-127 INTERGOVERNMENTAL AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS, THE CLERK AND RECORDER AND THOMPSON CROSSING METROPOLITAN DISTRICT 1-3 FOR COORDINATED ELECTION SERVICES TO BE CONDUCTED BY MAIL BALLOT FOR 2001 ELECTION

A01-128 INTERGOVERNMENTAL AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS, THE CLERK AND RECORDER AND THOMPSON SCHOOL DISTRICT R2-J FOR COORDINATED ELECTION SERVICES TO BE CONDUCTED BY MAIL BALLOT FOR 2001 ELECTION

A01-129 INTERGOVERNMENTAL AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS, THE CLERK AND RECORDER AND CITY OF FORT COLLINS FOR COORDINATED ELECTION SERVICES TO BE CONDUCTED BY MAIL BALLOT FOR 2001 ELECTION

A01-130 INTERGOVERNMENTAL AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS, THE CLERK AND RECORDER AND ST. VRAIN RE-1J SCHOOL DISTRICT FOR COORDINATED ELECTION SERVICES TO BE CONDUCTED BY MAIL BALLOT FOR 2001 ELECTION

A01-131 INTERGOVERNMENTAL AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS, THE CLERK AND RECORDER AND AIMS COMMUNITY COLLEGE FOR COORDINATED ELECTION SERVICES TO BE CONDUCTED BY MAIL BALLOT FOR 2001 ELECTION

A01-132 INTERGOVERNMENTAL AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND BOULDER COUNTY REGARDING HOME REHABILITATION AND WEATHERIZATION COST-SHARING

C01-37 SINGLE ENTRY POINT AGENCY CONTRACT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE STATE OF COLORADO FOR THE USE AND BENEFIT OF THE DEPARTMENT OF HEALTH CARE POLICY AND FINANCING

R01-127g RESOLUTION FOR STATUTORY VESTED RIGHTS FOR FOX RUN ESTATES RURAL LAND USE PLAN

MISCELLANEOUS: Amended Plat of Lots 4A and 4B, Block 7 of Ramona Heights; Final Plat for Fox Run Estates Rural Land Plan; and Public Trustee Second Quarter Report for 2001.

LIQUOR LICENSES: The following licenses were issued Cottonwood Hollow Enterprises, Inc- 6%- Livermore, CO; Custom Cakes & Catering, Inc- 6%- Fort Collins, CO; Red Feather Supermarket- 3.2%- 3.2%- Red Feather Lakes, CO; Big Thompson Canyon Volunteer Fire Dept.- 6% Special Events Permit- Drake, CO; Ptarmigan Club- 6%- Fort Collins, CO; JJ's Country Corner- 3.2%- Fort Collins, CO; and Sol's Long Branch Saloon- 6%- LaPorte, CO. The following license was approved Dun Raven Inn- 6%- Estes Park, CO.

Motion carried 3 - 0.

5. APPROVAL OF REVISIONS TO OPS 100.7J AND 100.4H: Commissioner Gibson noted several changes to policy 100.7J discussed last week have not been addressed in the revision provided. Much discussion ensued regarding additional revisions and State Statute.

M O T I O N

Commissioner Gibson moved that the Board of County Commissioners approve revisions made to Section III.E.3 of OPS 100.7J.

Motion carried 3 - 0.

Mr. Lancaster stated that he would research statute, and bring the entire OPS 100.7J back to the Board for adoption in its' entirety.

6. LANDFILL GATE ATTENDANT POSITION: Ms. Lujan stated that Natural Resources is requesting approval to hire an applicant; at Step 6, Grade 134, to fill this advertised position, who worked as a temporary employee for the department earlier in the year and is already trained.

M O T I O N

Commissioner Bender moved that the Board of County Commissioners approve the hiring of Tracy (Rocky) Sanks at Grade 134, Step 6.

Motion carried 3 - 0.

  1. WORK SESSION: None

8. COMMISSIONER REPORTS: Commissioner Gibson noted that the Board participated in a golf tournament to benefit Foothill Gateway and performed fairly well. A citizen meeting, Commissioner Gibson continued, in Estes Park was well attended.

Commissioner Bender noted that he was a judge for Natural Resources at the County Fair; and that his citizens meeting at Vern's was also well attended.

Chair Rennels stated her citizen meeting in Wellington also went well. Chair Rennels offered congratulations to Dave Spencer, Director of Facilities, whose daughter will be crowned "Lady in Waiting" at the County Fair.

9. LEGAL MATTERS: Ms. DeLude briefed the Board regarding a previous discussion for cleanup of the Mechalke property. Ms. DeLude stated that she solicited cleanup bids from seven companies, and that Waste Management of Colorado was the only response. In the previous conversation, Ms. DeLude continued, the Board authorized funds from the General Fund for cleanup, and requested the Board determine if a "spending cap" is appropriate. Mr. Grossman reviewed the Waste Management proposal and noted that he believed a $30,000 cap would be sufficient and does not anticipate any special waste testing of materials would be necessary. However, if hazardous materials were found at the site, Mr. Grossman noted that staff would return to the Board for direction. Chair Rennels asked if a tax lien would be placed on the property and Ms. DeLude replied in the affirmative.

M O T I O N

Commissioner Gibson moved that the Board of County Commissioners approve funding, not to exceed $30,000, from the General Fund for cleanup of the Mechalke property by Waste Management, Inc.

Motion carried 3 - 0.

Ms. DeLude requested a letter to Waste Management, Inc. from the Board noting a cap of $30,000.

Ms. Haag briefed the Board regarding a strip of land that will be deeded for the purpose of a road only and that technically, the deed constitutes a subdivision. Ms. Haag stated that she would draft an exemption agreement specifying that the two parcels created by the deed, would not be developable without further review by the County for a subdivision.

Executive Session

M O T I O N

Commissioner Bender moved that the Board of County Commissioners go into executive session at 10:45 a.m. for pending litigation.

Motion carried 3 - 0.

Executive Session ended at 11:00 a.m.; no action was taken.

________________________________

KATHAY RENNELS, CHAIR

BOARD OF 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.