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MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

Monday, SEPTEMBER 10, 2001

LAND USE MEETING

(#84)

The Board of County Commissioners met with Larry Timm, Planning Director, at 3:00 p.m.; Chair Rennels presided and Commissioners Bender and Gibson were present. Also present were Doug Ryan, Environmental Planner; Tom Gonzales Senior Environmental Health Specialist; Al Kadera, Planner II; Matt Lafferty, Planner II, Keith Schuett, Planner II, Claudia DeLude, Planner I; Karin Knauf, Planner I; Roxann Hayes, Senior Civil Engineer; Jeannine Haag, Assistant County Attorney; and Gael Cookman, Recording Clerk.

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

1. WARNER MINOR LAND DIVISION: 26-11-68; EAST SIDE OF COUNTY ROAD 5 ABOUT 3 MILES NORTH OF COUNTY ROAD 82

This is a request for a minor land division to create one lot and correct a subdivision violation. Staff recommendation is approval of the Warner Minor Land Division.

2. DAY MINOR LAND DIVISION: NE 1/4 OF SECTION 27, TOWNSHIP 8 NORTH, RANGE 68 WEST: ON THE SOUTH SIDE OF COUNTY ROAD 54, 1 MILE EAST OF I-25.

This is a request to divide a 2± acre tract with an existing residence from a 113± acre parcel. Staff findings is that the proposal complies with the Review Criteria for Minor Land Divisions as contained in Section 5.4.3 of the Larimer County Land Use Code. Staff recommendation is approval of the James Day - Minor Land Division 01-S1823 with the following conditions 1. The applicant shall submit an Improvement Survey or other suitable document to demonstrate that the lot area of Tract 1 is adequate to include the on-site sewer system and its required 10' property line setback. The applicant shall also include the garage located on Tract 1 on the plan, and show that it meets all applicable setback requirements and is properly located on the parcel; 2. Prior to the recordation of the MLD Plat the applicant shall address the comments in the referral letters dated August 3 and August 24, 2001 from Dale Greer, Land Surveyor, Larimer County Engineering Department; 3. Prior to the recordation of the MLD Plat the applicant shall address the comments in the referral letter dated August 24, 2001, from Traci Downs, Civil Engineer, Larimer County Engineering Department.

3. JOHNSON SUBDIVISION LOT 2 AMENDED PLAT: SE 1/4 OF SECTION 3, TOWNSHIP 4, RANGE 69 WEST; ON THE NORTH SIDE OF STATE HIGHWAY 56, EAST OF BERTHOUD.

This is a request for an amended plat to adjust the lot line between two lots to coincide with the existing fence line. Staff recommendation is approval of the proposed Amended Plat of lot 2 of the of the amended plat of lots 13 & 14 and lot 2 of the amended plat of lots 15 & 16 of Johnson's Subdivision with the following conditions 1. The applicant shall comply with the Engineering Department requirements as noted in the memo of 8/1/01 from Dale V. Greer, Professional Land Surveyor; 2. The applicant shall include all existing buildings on the plan for review and show that they meet all applicable setback requirements and are properly located on the parcels, prior to submitting plat to the Board of County Commissioners for signature; 3. Building code issues shall be resolved prior to recording of the plat; 4. The final plat shall reflect the correct name of the subdivision and be titled "Amended Plat for Johnson's Subdivision, being lot 2 of the of the amended plat of lots 13 & 14, Johnson's Subdivision, and lot 2 of the amended plat of lots 15 & 16, Johnson's Subdivision situate in the southeast 1/4 of Section 13, Township 4 North, Range 69 West of the sixth p.m., County of Larimer, State of Colorado". The proposed amended plat shall be numbered 1 and 2 respectively.

4. REZONING AND PRELIMINARY PLAT FOR TIMBERS PLANNED DEVELOPMENT: NW 1/4 OF SECTION 8, TOWNSHIP 6 NORTH, RANGE 68 WEST - LOCATED ON THE EAST SIDE OF TIMBERLINE ROAD (COUNTY ROAD 11) APPROXIMATELY 1/2 MILE SOUTH OF COUNTY ROAD 36).

This is a request for 1. Rezoning from FA-1 (Farming) to PD (Planned Development) for a Multi-family development at a gross density of 7.8 dwelling units per acre, and 2. Preliminary Plat approval for the Timbers Planned Development, which will consist of 184 dwelling units, in 23 multi-family units on a 23.57-acre parcel. The development will consist of five lots. Staff recommendation is 1. Approval of the request to rezone the property for the Timbers PD (file # 01-S1576) from FA-1 (Farming) to PD (Planned Development) subject to the following condition 1. The zoning designation for the subject Timbers PD shall be PD (Planned Development) which zoning classification will subject to the development standards and requirements of Subsection I.F of the Larimer County Development Standards for the Fossil Creek Reservoir Area in the Fort Collins Growth Management Area found in the Supplemental Regulations to the Larimer County Land Use Code Section 8.9.2.A.1, or as amended. 2. Staff recommends approval of the preliminary plat for the Timbers PD (file # 01-S1576) subject to the following conditions

  1. The Final Plat shall be completed in strict compliance with the conditionally approved preliminary plat and other information submitted by the applicant, unless modified by the conditions of this approval; b. Building envelopes shall be illustrated on all the lots on the final plat; c. The following fees shall be collected at building permit for each dwelling unit in the Timbers PD: Poudre R-1 school fees in lieu of dedication, Larimer County fees for County and Regional Transportation, and Larimer County Park Fee in lieu of dedication. The fee amount that is current at the time building permit application shall apply; d. Construction plans that are required as part of the final plat process will require review and approval of the County Engineer, City of Fort Collins Engineering Department, Poudre Fire Authority, Fort Collins-Loveland Water District and South fort Collins Sanitation District before the Final Plat is recorded; e. The applicant shall provide a Disclosure Notice to be approved by the County as a part of the Final Plat, and recorded with the Final Plat. This notice shall provide notice to all future lot owners of the conditions of approval and special costs or fees associated with the approval of this project. Included but not limited in this are the issues related to rural development, the need for engineered footings and foundations, and the issues raised in the review and or related to compliance with the Larimer County Land Use Code; f. The applicant is responsible for the improvements and the requirements as outlined in the memo from the Larimer County Engineering Department, dated May 14, 2001; g. The applicant is responsible for the requirements of the County Health Department as outlined in the memo from the Larimer County Health Department, dated April 18, 2001; h. The applicant shall before the recordation of the final plat address the concerns of the new Mercer Ditch Company as noted in their referral letter dated April 26, 2001; i. The setbacks for off-street parking spaces shall be 20 feet for the parking area off the south side of the Owens Avenue turn about, and 30 feet for all other parking area within the development.

5. PRELIMINARY PLAT FOR FOSSIL LAKE PLANNED UNIT DEVELOPMENT 3RD FILING - TRACT B: NW 1/4 OF SECTION 9, TOWNSHIP 6 NORTH, RANGE 68 WEST - LOCATED AT THE SOUTHEAST CORNER OF THE INTERSECTION OF TRILBY ROAD AND SHALLOW POND DRIVE WITHIN THE FOSSIL LAKE PUD, WHICH IS LOCATED ON THE SOUTH SIDE OF COUNTY ROAD 36 AND EAST SIDE OF COUNTY ROAD 9.

This is a request for Preliminary Plat approval for the 3rd Filing - Tract B of the Fossil Lake Planned Unit Development Master Plan. This preliminary plat will consist of 48 Townhouse dwelling units situated on 5.87 acres. Also an appeal of the Right of Way width for a local residential local street allowing 40 feet instead of 51 feet and an attached 5 foot sidewalk as described in table 7-1 of the Larimer County Urban Road Standards. Staff recommendation is approval subject to the following conditions 1. The Final Plat shall be completed in strict compliance with the conditionally approved Master Plan for Fossil Lake PUD, as well as the conditionally approved preliminary plat and other information submitted by the applicant, unless modified by the conditions of this approval; 2. Building envelopes for the lots within this development will be illustrated or noted on the final plat; 3. The following fees shall be collected at building permit for new single family dwellings: Poudre R-1 school fees in lieu of dedication, Larimer County fees for County and Regional Transportation Capital Expansion in lieu of dedication, Larimer County Park Fee in lieu of dedication and applicable drainage fees. The fee amount that is current at the time building permit application shall apply; 4. Construction plans that are required as part of the final plat process will require review and approval of the County Engineer, Poudre Fire Authority, Fort Collins-Loveland Water District and South Fort Collins Sanitation District before the Final Plat is recorded; 5. The applicant shall provide a Disclosure Notice to be approved by the County as a part of the Final Plat, and recorded with the Final Plat. This notice shall provide notice to all future lot owners of the conditions of approval and special costs or fees associated with the approval of this project. Included but not limited in this are the issues related to rural development, the need for engineered footings and foundations, the need for passive radon mitigation, and the issues raised in the review and or related to compliance with the Larimer County Land Use Code; 6. The applicant is responsible for the requirements for Poudre Fire Authority as outlined in the memo from the Poudre Fire Authority, dated May 14, 2001; 7. The applicant is responsible for the improvements and the requirements as outlined in the memo from the Larimer County Engineering Department, dated May 10, 2001; 8. The applicant shall provide an agreement for annexation into the City of Fort Collins prior to the recordation of the Final Plat

6. WAGNER MINOR LAND DIVISION: NW 1/4 OF SECTION 36, TOWNSHIP 6 NORTH, RANGE 69 WEST - MORE SPECIFICALLY LOCATED ON THE SOUTHEAST CORNER OF HIGHWAY 287 AND COUNTY ROAD 28.

This is a request for a Minor Land Division to create 3 lots on a 14.99 acre parcel, where each of the proposed lots will have existing uses (Lot 1 - Nursery) (Lot 2 - Residential) (Lot 3 - Lounge) with the third lot having a restriction that no other use of the property will be allowed until a Planned Development for the property is approved. Staff findings include 1. The newly-created parcels will meet the minimum lot size required by the applicable zoning district; 2. The newly-created parcels meet minimum access standards as applicable; 3. Approval of the Minor Land Division will not result in impacts greater than those of existing uses. Staff recommendation is approval of the Wagner Minor Land Division (File # 01-1747) subject to the following conditions 1. The mobile homes on the proposed lot 2 shall be removed before the MLD plat is recorded; 2. The proposed Lot 3 (Vacant Lot) can not be built upon or further divided until such a time when a Planned Development has been approved for the property. This shall be noted on the MLD Plat; 3. The shed structure at the rear of the Proposed Lot 1 can be used for the storage of construction equipment (inside storage only) or similar use. Before any other use of this building occurs the owner shall obtain a County Planning Staff evaluation to determine if a Planned Development or Site Plan Review is necessary. This shall be noted on the MLD Plat; 4. The applicant shall address the comments from Dale Green, of the Engineering Department, dated May 29, 2001 prior to the recordation of the MLD plat; 5. The applicant shall address the comments from Roxann Hayes, of the Engineering Department, dated April 17, 2001 prior to the recordation of the MLD plat.

M O T I O N

Commissioner Bender moved that the Board of County Commissioners approve the consent items as outlined above.

Motion carried 3 - 0.

  1. MANSPEAKER ZONING VIOLATION, 01-ZV0140

This is an alleged violation of the following sections of the Land Use Code: 1. Recreational Vehicle "...to be used as a temporary dwelling for travel, recreation, or vacation." 2. Temporary: "... not exceeding 30-days in any 12-month period..."3. Larimer County Individual Sewage Disposal System Regulations: Sections 3.1 and 3.23"...under no condition shall sewage or effluent be permitted to be discharged upon the surface of the ground..." Ms. DeLude noted that in June of 2001 she received numerous complaints of a recreation vehicle being occupied on a full-time basis; she explained that the property is located along the Big Thompson Canyon and is .49 acres in size. Ms. DeLude stated that on July 2, 2001 she mailed a 5-day letter to the property owner requesting that Mr. Manspeaker call the Planning Department; she received no response. Mr. DeLude explained that she then mailed a 30-day letter to the property owner which gave Mr. Manspeaker a maximum of 30 additional days to occupy the travel trailer as defined in the Larimer County Land Use Code; she received no response to the second letter. Ms. DeLude noted that she continued to receive complaints from the surrounding neighbors with regard to Mr. Manspeaker illegally dumping sewage from the recreational vehicle. Mr. Gonzales from the Health Department visited the location and confirmed that illegal dumping of sewage was indeed occurring on the property. Ms. DeLude stated that the first time she had contact with Mr. Manspeaker was approximately one hour prior to today's hearing when he called to ask that the hearing be postponed. Ms. DeLude noted the Staff recommendations as follows: 1. Find that a violation exist. 2. Require that the illegal dumping of sewage and effluent cease immediately. 3. With regards to the recreational vehicle occupancy, require compliance within 10 days. Compliance requires that the occupancy of the recreational vehicle is terminated and the recreational vehicle is removed from this parcel. 4. Authorize legal action if the deadline is not met, whether it is through the County Attorney for the occupancy issue or through the Board of Health for the dumping of sewage.

Chair Rennels opened the hearing up for public comment and Keith Keenan, affected neighbor, addressed the Board. Mr. Keenan stated that this situation had been going on since May and that Mr. Manspeaker has been occupying his recreational vehicle past the 30 days allowed by the Larimer County Land Use Code. Mr. Keenan stated that he would like this issue resolved immediately. Pat Fox, affected neighbor, noted that Mr. Manspeaker's trailer is parked approximately 15 feet from his front door; he explained that Mr. Manspeaker also has a generator attached to the trailer that he runs during all hours of the day which is extremely bothersome. Mr. Keenan stated that he has witnessed Mr. Manspeaker throwing his sewage and waste all over the ground and he wants this situation remedied. Mr. Keenan wanted to know if the County was going to give him a date to move the trailer. Chair Rennels noted that the County did give him the 30 days and if he doesn't comply it will have to go to Court. Jeff Johnson, affected neighbor, stated that Mr. Manspeaker claimed he was going to build a home on his property. He also stated that his trailer is parked right in the middle of the driveway that the neighbors share. Mr. Johnson noted that he confronted Mr. Manspeaker and Mr. Manspeaker did not seem to mind that he was breaking the law. Tyler Lemirande, affected neighbor, explained that Mr. Manspeaker actually has two lots one of which he claimed he would be building a home on. Mr. Lemirande stated that Mr. Manspeaker asked him to cut down a tree so he could access his property in order to build the home. Mr. Lemirande explained that he asked to see Mr. Manspeaker's house plans before he cut down any trees, mainly because he was afraid that Mr. Manspeaker just wanted the tree cut down so that he could move his trailer back even further. Mr. Lemirande stated that he did not want a trailer parked in his back yard, and he has not yet cut down any trees. Mr. Fox addressed the Board again, noting that Mr. Keenan had his house for sale, but once Mr. Manspeaker moved in, he had to take it off the market; he explained that they are all concerned for the value of their land. Mr. Keenan addressed the Board again noting the Mr. Manspeaker's trailer is just about the same size as the parcel he has parked it on. Commissioner Gibson asked Mr. Keenan if the piece of land that the recreational vehicle is currently parked on an easement rather than a parcel. Mr. Keenan noted that it is a parcel that belongs to Mr. Manspeaker, but the area that he was planning to build on is nothing but a rock pile, and in his opinion, it would take a lot of money to either bring in landfill, or dynamite it to make it buildable.

Chair Rennels closed public comment.

M O T I O N

Commissioner Gibson moved that the Board of County Commissioners find that a violation exists and require that the illegal dumping of sewage and effluent cease immediately. With regards to the recreational vehicle occupancy, require compliance within 10 days. Compliance requires that the occupancy of the recreational vehicle is terminated and the recreational vehicle is removed from this parcel. By taking this action, legal action is authorized if the deadlines are not met.

Motion carried 3 - 0.

8. ELLIS RANCH ZONING VIOLATION: NORTHEAST CORNER OF COUNTY ROAD 29 AND HIGHWAY 34, LOVELAND

This is an alleged violation of Land Use Code Section 8.7.3(F): "Only those signs that identify a legal, principle use on the same lot with the sign are allowed."

Ms. DeLude noted that she had inspected the property and 1:00 p.m. and the sign had been removed; therefore, this issue can be removed from the agenda.

9. MILLS ZONING VIOLATION: 1210 N OVERLAND TRAIL, FORT COLLINS

This is an alleged violation of Section 4.3.F, Location of fence does not meet the minimum sight triangle standards of Section 4.3.F, Street Design Criteria, design requirements, Sight Triangle Standards: Larimer County Land Use Code, Larimer County Road Manual. Staff findings include 1. Fence was constructed in June of 1999; 2. The property is Zoned FA-Farming; 3. The location of the fence does not meet the minimum sight triangle requirements of Section 4.3.F of the Larimer County Road Standards; 4. The continued use of the property, in violation of the Larimer County regulations, affect's the safety of the traveling public in the area. Staff recommendation is 1. Find that a violation exists; 2. Require compliance within 30 days. Compliance requires that a portion of the fence be removed or lowered to meet the minimum sight requirements; 3. Authorize legal action if the deadline is not met.

Mr. Schuett explained that a complaint was received about an 8-foot fence that was constructed without a permit at 1210 N. Overland Trail, Fort Collins, Colorado. He noted that the fence interferes with the Sight Triangle Standards of the Larimer County Land Use Code, and that it is a safety issue since the fence is located on a corner of two intersecting roads. Mr. Schuett explained that the sight triangle provides an area at an intersection where views of approaching traffic remain unobstructed. Commissioner Bender asked if the fence would be sufficient if lowered to four feet. Mr. Schuett stated that the maximum height for the fence in a sight triangle is 2.5 feet.

Chair Rennels asked the property owner, Leslie Mills, to respond. Ms. Mills stated that she was not trying to violate any laws, but that she still was confused as to exactly what is going to be required in moving or reducing the height of her fence. Ms. Mills also stated that Wykonda is a private road and she believes that there is a clear view of the intersection even with the fence erected at 8 feet. Mr. Schuett explained that even though the road is privately maintained, it is a platted road. Ms. Hayes explained how the Engineering Department measures the point of intersection with the right-of-way lines. Some discussion ensued pertaining to exactly how the measurements are taken and applied with regards to the sight triangle. Ms. Mills also stated that they constructed the fence approximately 8 inches inside the older existing fence, and then tore down the existing fence. Commissioner Bender asked if Ms. Mills would be willing to install a wire fence, even temporarily, until this issue could be resolved. Ms. Mills stated that she would be willing to do this, but she also expressed concern that some of her trees in her front might have to be cut down. Commissioner Gibson asked Mr. Schuett if the trees would need to be removed as well. Mr. Schuett stated that would have to be determined by the Engineering Department.

Commissioner Gibson recommended that this item be tabled in order to give Ms. Mills an opportunity to meet with both Planning and Engineering at the property so they could come to a conclusion on how to best deal with this issue.

M O T I O N

Commissioner Bender moved that the Board of County Commissioners table this item until October 15, 2001, to allow Staff and the property owner to work together in order to resolve this issue.

Motion carried 3-0.

Meeting adjourned at 3:45 p.m.

TUESDAY, SEPTEMBER 11, 2001

ADMINISTRATIVE MATTERS

(#85)

The Board of County Commissioners met with Neil Gluckman, Assistant County Manager; Chair Rennels presided and Commissioners Bender and Gibson were present. Also present were Marc Engemoen, Director of Public Works; Dale Miller, Director to Road and Bridge; Myrna J. Rodenberger, Clerk & Recorder; Irene Josie, Chief Deputy Treasurer; Chip Steiner, Fairgrounds and Event Center Coordinator; K-Lynn Cameron, Open Lands Manager; Charlie Peterson, Engineering staff; Frank Lancaster, County Manager; George Hass, County Attorney; Claudia DeLude, Code Enforcement Officer; Jeannine Haag, Assistant County Attorney; Deni La Rue, Community Information Manager; Donna Hart; Commissioner's Administrative Manager; and Jean M. O'Connor, Clerk to the Board.

This morning at approximately 8:50 a.m. EST, the United States was attacked by terrorists. Hijacked planes crashed into the twin towers of the World Trade Center in New York; the Pentagon in Washington, D.C.; and another hijacked plane crashed in Pennsylvania near Pittsburgh. Due to the timing of this meeting and this national crisis, this meeting was recessed several times to hear televised addresses from the President of the United States, George W. Bush and the Governor of Colorado, Bill Owens.

1. PUBLIC COMMENT: The Board of County Commissioners is available for public comments from 9:00 a.m. to 9:30 a.m.

2. APPROVAL OF THE MINUTES FOR THE WEEK OF SEPTEMBER 3, 2001:

M O T I O N

Commissioner Gibson moved that the Board of County Commissioners approve the minutes for the week of September 3, 2001 as presented.

Motion carried 3 - 0.

3. APPROVAL OF THE SCHEDULE FOR THE WEEK OF SEPTEMBER 17,2001:

M O T I O N

Commissioner Bender moved that the Board of County Commissioners approve the schedule for the week of September 17, 2001 as presented.

Motion carried 3 - 0.

4. CONSENT AGENDA:

M O T I O N

Commissioner Gibson moved that the following documents be approved as presented on the consent agenda for September 11, 2001:

ABATEMENTS: As recommended by the Assessor, the following petitions for abatement are approve Dye and Salter.

A01-141 AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE CITY OF FORT COLLINS RE: INSTALLATION OF TRAFFIC SIGNALS AT COUNTY ROADS 17 & 34.

A01-142 AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND SAMPSON PARTNERSHIP FOR THE SAMPSON SPECIAL REVIEW

R01-148g RESOLUTION TO DETERMINE COMPENSATION FOR MAIL BALLOT ELECTION JUDGES

MISCELLANEOUS: Appointment of Deputy District Attorney Kimberly Robbins.

LIQUOR LICENSES: The following licenses were approved Forks General Store-3.2% and 6%- Livermore, CO; Castillon's Lounge- 6%- Fort Collins, CO; Vern's Liquor- 6%- LaPorte, CO. The following licenses were issued Tornado Club- 6%- Fort Collins, CO; Larry's Southwest Liquor-6%- Loveland, CO; Horsetooth Liquor- 6%- Fort Collins, CO; Schrader Country Store 440- 3.2%- Fort Collins, CO.

Motion carried 3 - 0.

5. WAIVER OF POLICY FOR ROAD AND BRIDGE DEPARTMENT: Mr. Engemoen requested approval to waive two county policies; one pertaining to advertising full salary range and the other to advertise internally and externally simultaneously. Chair Rennels asked if the request is to expand the potential candidate pool and Mr. Engemoen replied in the affirmative. Commissioner Gibson noted a preference to train from within and Mr. Engemoen stated the goal within the Public Works Division is career development.

M O T I O N

Commissioner Bender moved that the Board of County Commissioners waive county policies pertaining to salary range and advertising.

Motion carried 3 - 0.

6. LEGISLATIVE POSITION GUIDE: Mr. Gluckman provided an annual Legislative Position Guide as well as comments from Commissioner Bender. The Board reviewed and discussed the guide and comments.

M O T I O N

Commissioner Gibson moved that the Board of County Commissioners approve the Legislative Position Guide and incorporate Commissioner Bender's comments.

Motion carried 3 - 0.

7. WORK SESSION: Mr. Gluckman stated that the Request for Proposals (RFP) to clean-up the Alps Tire site is going out and noted that, if a contractor proposes to shred the tires on site, current zoning of the property would require a Special Review. Mr. Gluckman suggested the Board waive the Special Review fees if the contractor selected proposes to shred on the site. Consensus of the Board is to waive the Special Review fees.

8. COMMISSIONER REPORTS: Commissioner Bender noted his attendance at Colorado State University Ag Days; Commissioner Gibson noted attendance at a CCI Transportation meeting last week.

Chair Rennels noted that the joint meeting with the City of Loveland this evening is cancelled due the current situation in the Country.

9. FOSSIL CREEK RESERVOIR LEASE AGREEMENT: Ms. Cameron requested approval of a lease with North Poudre Irrigation Co, which has the potential to be a 19-year lease. Ms. Cameron stated that the North Poudre Irrigation Board of Directors has approved the lease contingent upon approval by the Board of County Commissioners.

Commissioner Bender asked if there are any major changes since the last work session regarding the lease and Ms. Cameron stated the legal description has been corrected; "compounded" has been inserted prior to interest; and that there would be no limit on the number of wakeless boat "trips".

Commissioner Bender stated that the lease already is in conflict with the Parks Master Plan, which states "...no boating.." and the lease states "limited boating". Commissioner Bender also noted that he has difficulty committing taxpayer dollars to something citizens could just look at.

Commissioner Gibson stated that Larimer County has no way to re-coup expenses for maintaining the reservoir without the use of motorized boating and sited the need for a "Business Plan". Commissioner Gibson suggested that approximately 30% of the reservoir could be utilized for boating and the remaining water surface could be restricted.

Chair Rennels clarified that the lease could be re-negotiated at the end of the first 5-year term and stated that the owners of the water have the right to determine the use of the lake.

Much discussion ensued regarding the use of tax dollars and the worth of such a lease to the citizens.

M O T I O N

Commissioner Gibson moved to reject the proposed lease for Fossil Creek Reservoir.

Mr. Steve Smith, Director of North Poudre Irrigation Company, noted the effort to develop a partnership within the community and the vote the Board is about to cast, will affect the type of partnership to be had in the future.

Motion carried 2 - 1; with Chair Rennels dissenting.

10. RESOLUTION FOR FORT COLLINS INDUSTRIAL PARK BALLOT ISSUE: Mr. Hass presented a resolution calling for an election and certifying a ballot question for Fort Collins Industrial Park Local Improvement District (LID) #2001-1.

M O T I O N

Commissioner Bender moved that the Board of County Commissioners approve a resolution calling for an election and certifying the ballot question for Fort Collins Industrial Park LID.

Motion carried 3 - 0.

R01-149g RESOLUTION CALLING AN ELECTION AND CERTIFYING A BALLOT QUESTION REGARDING LARIMER COUNTY FORT COLLINS INDUSTRIAL PARK LOCAL IMPROVEMENT DISTRICT #2001-1

11. LEGAL MATTERS:

Mr. Steiner briefed the Board on the County's fundraising efforts to date and stated that he believes the County will have raised the required $3 million dollars by November 1st. However, Mr. Steiner suggested the Board approve a resolution extending the deadline just to be safe. Mr. Chris Keiser, Consultant for Marketing reviewed committed dollars and noted to date, $1,775,000 has been raised. Mr. Wayne Davis, Vice President of ICC stated that additional funding would come from title sponsorship, building naming rights, suite and club seat sales and that if 30% of current commitments are received in the next few months, the County will have exceeded the required three million.

M O T I O N

Commissioner Bender moved that the Board of County Commissioners approve a resolution amending a proposal for the imposition of a county-wide sales and use tax from November 1, 2001 to May 1, 2002.

Motion carried 3 - 0.

R01-150g RESOLUTION AMENDING A PROPOSAL FOR THE IMPOSITION OF A COUNTY-WIDE SALES AND USE TAX AND THE ISSUANCE OF SALES AND USE TAX REVENUE BONDS; AND REFERRING A BALLOT ISSUE TO THE 2001 GENERAL ELECTION BALLOT FOR THE APPROVAL OF SUCH PROPOSAL

Ms. Haag stated that in 1997, the previous Board authorized legal action for a zoning violation but that to date, efforts to serve the property owner are unsuccessful. Ms. Haag requested direction from the Board for staff to continue pursuing the matter. Consensus of the Board is to continue legal action.

Ms. Rodenberger and Ms. Josie requested the Board authorize elected officials and/or their designee, discretion to close their offices in light of the national tragedy.

M O T I O N

Commissioner Bender moved that the Board of County Commissioners allow elected officials and/or their designees, discretion in closing their offices.

Motion carried 3 - 0.

Ms. Haag requested the Board approve a settlement agreement and mutual release of claims related to Civil Action #00 CV 376 and stated that the County has received $41,000, which will be returned to the Road and Bridge Department for services rendered.

M O T I O N

Commissioner Gibson moved that the Board of County Commissioners approve the settlement agreement and mutual release of claims.

Motion carried 3 - 0.

A01-143 SETTLEMENT AGREEMENT AND MUTUAL RELEASE OF CLAIMS BETWEEN THE BOARD OF COUNTY COMMISSIONERS; MEL SPARKS; BLUE MOUNTAIN PARTNERSHIP; TWIN PEAKS EXCAVATING, INC.; HARTFORD CASUALTY INSURANCE COMPANY; AND DREXEL BARREL AND CO.

There being no further business, the meeting adjourned at 11:30 a.m.

WEDNESDAY, SEPTEMBER 12, 2001

ABATEMENT HEARING

(#86)

The Board of County Commissioners met with Bonnie Swartz, Senior Appraiser at 11:00 a.m.; Chair Rennels presided and Commissioners Bender and Gibson were present. Also present was Jean O'Connor, Recording Clerk.

Chair Rennels stated that this hearing is for a petition for abatement for personal property schedule #8233365 and noted that the property owner is not present nor is there any public present.

Ms. Swartz stated that the Assessor is recommending denial of the petition and requested the actual value for 1999 be $16,630 and for 2000 be $20,787.

M O T I O N

Commissioner Bender moved that the Board of County Commissioners deny the petition for abatement for personal property schedule #8233365 as recommended by the Assessor.

Motion carried 3 - 0.

There being no further business, the hearing adjourned at 11:10 a.m.

_______________________________

KATHAY RENNELS, CHAIR

BOARD OF COMMISSIONERS

MYRNA J. RODENBERGER

CLERK & 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.