Loveland Bike Trail
 

MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

Monday, September 24, 2001

LAND USE HEARING

(#93 & 94)

The Board of County Commissioners met with Larry Timm, Director of Planning at 3:00 p.m.; Chair Rennels presided and Commissioners Bender and Gibson were present. Also present were Rich Grossman, Health Specialist; Roxann Hayes, Senior Civil Engineer; Christie Coleman, Civil Engineer; Mark Peterson, County Engineer; Marc Engemoen, Director of Public Works; Karin Knauf, Planner I; Matt Lafferty and David Karan, Planners II; Claudia DeLude, Code Enforcement Officer; Rob Helmick, Senior Planner; Jeannine Haag, Assistant County Attorney; and Jean O'Connor, Recording Clerk.

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

  1. BUDD STREET NAME CHANGE: SECTION 17, TOWNSHIP 10N, RANGE 68W; LOCATED WEST OF COUNTY ROAD 9 ON THE SOUTH SIDE OF COUNTY ROAD 82.
  2. This is a request to name three streets in Antelope Hills that will serve a development of 35-acre parcels (lots). The proposed names are Buddy Rooster Lane, Buffalo Range Lane and Big Sky Place. Staff recommendation is approval of the proposed street names, Buddy Rooster Lane, Buffalo Range Lane and Big Sky Place, located on Section 17, Township 10N, Range 68W, File #01-S1829.

  3. SUNSHIP PLANNED UNIT DEVELOPMENT LOTS 3-5 WALKWAY EASEMENT VACATION: W 1/2, SECTION 29, TOWNSHIP 4N, RANGE 70W

This is a request to vacate a 6' walkway easement through Lots 3 and 5. Staff recommendation is approval of the proposed walkway easement vacation for Lots 3 and 5, Sunship P.U.D., File #01-S1837.

3. BECKNER EXEMPTION: NE 1/4 OF 25-12-72; LOCATED ON THE EAST SIDE OF HIGHWAY 287, APPROXIMATELY 1 MILE SOUTH OF THE STATE LINE.

This is a request for an Exemption Plat to create a 6.57-acre parcel that has been considered illegal. Staff recommendation is approval of the Beckner Exemption Plat (file # 01-S1831) subject to the following conditions 1. Prior to recording the Exemption Plat the applicant shall address the comments as outlined in the referral letter from Dale Greer of the Larimer County Engineering Department, dated August 16, 2001; 2. Prior to recording the Exemption Plat the applicant shall provide documentation that the Colorado Division of Water Resources will issue a well permit for this site if the Exemption plat is approved.

4. SIMON REVISED PRELIMINARY RURAL LAND PLAN: 16-10-69; GENERALLY LOCATED IN THE BUCKEYE AREA, ROUGHLY 6 MILES NORTH OF THE TOWN OF WAVERLY, APPROXIMATELY 1/2 MILE WEST OF THE INTERSECTION OF COUNTY ROADS 19 AND 80).

This is a request to amend the condition of approval requiring that public water shall be obtained for this project. The request to divide 70 acres into 3 single-family home sites on 15 acres with 55 acres of private residual land, protected by a perpetual conservation easement, was approved by the Board of County Commissioners on November 20, 2000. Staff finding is that this proposal is consistent with the policies of Section 5.8-Rural Land Use Process of the Larimer County Land Use Code and with Colorado Revised Statute 30-28-401 through 404. Support for this request is based on the fact that district water is not available. The use of Northern Colorado Water Association water was the preference of the applicants, the RLUC, and the County Health Department. However, state statute allows for individual wells for residential lots in RLUP projects. Staff believes that the use of wells is appropriate for domestic water for the three residences in this project. Staff recommendation is to remove the condition of approval that requires public water be obtained for this project. All other conditions of this plan would remain in effect.

5. GRAYBILL PLANNED UNIT DEVELOPMENT BUSINESS CONDOMINIUM PHASE 1 MAP REVIEW: SW 1.4 24-05-69; MORE SPECIFICALLY LOCATED ON THE SOUTH SIDE OF S. E. 8TH STREET IN THE LOVELAND UGA OFF OF HIGHWAY 287 SOUTH OF DOWNTOWN LOVELAND.

This is a request to condominiumize the twelve units in Phase 1 of the Graybill PUD. Staff findings are 1. The proposed Condominium Plat is in compliance with the Larimer County Master Plan and the Larimer County Zoning Land Use Code; 2. The Condominiumization is compatible with other development in the surrounding area; 3. Approval of the Condominium will not result in any significant impacts to neighboring properties, the natural environment, or the provision of services and infrastructure; 4. This condition will be met if and when the Developer completes outstanding improvements noted in official file; 5. Property values in the surrounding area would not be adversely affected by the Condominiumization; 6. Maintenance of the building, parking lot, landscaping and other common areas will be the responsibility of the property owners association, pursuant to the declaration of covenants. Staff recommendation is approval of 01-S1830 - Condominiumization of Graybill PUD Business Condo Phase 1 proposal with the following conditions Development Agreement: The applicant submits an addendum to or revised Graybill PUD Development Agreement that specifies who will be legally and financially responsible for any incomplete improvements after sale of the business condo units. Drainage: In concert with provision 11 of the Development Agreement, all drainage improvements required for all three phases of the Graybill PUD (file #99S-1484) are completed. A fully functional drainage system should be in place before any Certificate of Occupancy is issued. This includes improving the drainage swales and the retention area as per the direction of the Engineering Department. Landscaping: With the sale of units, the control of the Developer and the County will begin to diminish. Pending Certificates of Occupancy can be issued, without landscaping, on unit 6 of Building A but landscaping for the Phase I portion of the lot will be completed prior to the County issuing Certificates of Occupancy for any additional units. Engineering: There are some technical corrections that are needed. (See Engineering comments.) Building Code Compliance: The Phase I buildings require a variety of approvals before issuance of Certificates of Occupancy. (See Building Code Enforcement comments.)

M O T I O N

Commissioner Bender moved that the Board of County Commissioners approve the Budd Street Name Change #01-S1829; Sunship Planned Unit Development Lots 3,4 & 5 Walking Easement Vacation #01-S1837; Beckner Exemption #01-S1831; Simon Revised Rural Land Plan #00-S1681; and Graybill Planned Unit Development Business Condo Map Phase 1 #01-S1830 as presented and outlined above.

Motion carried 3 - 0.

6. CRIM PUBLIC HEALTH AND ZONING VIOLATION: 2914 PLEASANT ACRES DRIVE

This is an alleged violation of Colorado Revised Statues 25-1-613 and Colorado Solid waste Disposal Sites and Facilities Act, Title 30, Article 20, Part 1, C.R.S. as amended, and the Larimer County Land Use Code, Section 4.1.10, specifically, a junkyard is not a permitted use in the R-Residential Zoning District. Staff findings include 1. The property is zoned R-residential; 2. The property is located in a plated subdivision. Specifically, lot 16, Pleasant Acres Subdivision; 3. The garbage and debris pose a threat to public health; 4. The existing conditions on the property are in violation of the Colorado Revised Statutes 25-1-613 and Colorado Solid Waste Disposal Sites and Facilities Title 30, Article 20, Part 1, C.R.S. as amended; 5. The continued use, in violation of the health regulations/the Land Use Code, will affect property values in the neighborhood; 6. The continued use of the property, in violation of Health regulations/the Land Use Code, has affected the neighbor's ability to enjoy their own property.

Mr. Grossman noted that this property violation has been before the Board in the past and that neighbor complaint are still being received. It seems, Mr. Grossman continued that the property owner makes an attempt at cleaning the site each time he/she is scheduled before the Board; however the violation continues once staff backs off. Mr. Grossman stated that staff has spent a tremendous amount of time trying to get compliance at this site and that the health risks to the neighbors is significant, therefore staff is requesting a 14-day compliance period for the property owner.

Ms. Karen Zier stated that there is no trash pickup at the site and expressed concern that a large single lined petroleum container is at the site and her horses drink the groundwater.

Ms. Gail Jane Elliott stated that the violation is affecting property values and that there is extreme landscaping overgrowth, health hazards, weeds as tall as the house, and it is a fire hazard.

M O T I O N

Commissioner Gibson moved that the Board of County Commissioners find a violation exists, require compliance within 14 days, and authorize legal action if the deadline is not met and/or if the property does not remain in compliance.

Motion carried 3 - 0.

7. BARNES ZONING VIOLATION: 4411 W. COUNTY ROAD 52E, LAPORTE, CO

Ms. DeLude stated that the property owners had received a special exception in the past and recently submitted to amend that special exception. Ms. DeLude requested this item be tabled to January 21, 2002 at 3:00 p.m. pending the outcome of that application.

M O T I O N

Commissioner Bender moved to table the Barnes Zoning Volition #00-ZV1473 to January 21, 2002 at 3:00 p.m.

Motion carried 3 - 0.

  1. HAWTHORNE VILLAGE APPEAL TO THE SECTION 8.1.5 OF THE LARIMER COUNTY LAND USE CODE: SE 1/4 24-08-69: DOUGLAS ROAD (COUNTY ROAD 54) AND HIGHWAY 1

This is an appeal to the Road Capacity and Level of Service Standards - Section 8.1.5 of the Larimer County Land Use Code by reducing the Hawthorne Developments responsibility for full off-site improvements. Staff recommendation is to deny the Hawthorne Village Appeal to Section 8.1.5 of the Larimer County Land Use Code.

Mr. Lafferty stated that the applicant has provided four points of justification for approval of the requested appeal based on location and the surrounding properties; however, the Colorado Department of Transportation (CDOT) is currently reviewing the intersection for necessary improvements and would provide staff with a report in approximately 30-days. Mr. Lafferty stated that staff suggested the applicant postpone going before the Board until that report is available, but the applicant chose to move forward.

Ms. Coleman stated that staff believes the issue before the Board is not necessarily a Level of Service (LOS) issue but that the intersection, for which the applicant is appealing participation in the improvements of, is currently geometrical deficient. There have been at least 15 accidents at the intersection, several of which were not just fender benders.

Mr. Peterson stated that negotiations with other entities, are ongoing and that needs, costs, and design won't be known until the CDOT report is issued.

Mr. Dana Levit, a representative for the applicant stated that the request for an appeal is to allow for a "per lot" fair share fee to be applied toward improvements instead of compliance with the LOS standards. Mr. Levit stressed the fairness principles of the Master Plan and requested the cost of improvements be based on the proposed increase percentage of impacts (3%).

Mr. Chris Dunn, the applicant agrees current conditions at the intersection are unsafe, but noted that this proposal should not be imposed to pre-existing conditions. Mr. Dunn further stated that the intersection at issue is not even within the traffic impact study area for the development.

Much discussion ensued regarding the Hearthfire Development, which was reviewed and approved by the City of Fort Collins.

Chair Rennels asked why the applicant chose to come before the Board prior to the issuance of the CDOT report and Mr. Dunn stated that there is no guarantee CDOT would come through with a report.

Mr. Lafferty reiterated that the request before the Board is for an appeal to Section 8.1.5 of the Land Use Code and not the cost of improvements or the applicant's contribution of those improvements.

Ms. Coleman also reiterated that Hearthfire is not in the County's jurisdiction and noted that the traffic impact area is discretionary and is determined by the engineer.

At this time the hearing was opened to the public and Mr. Mark Korb noted that there is no question about the safety of the intersection and that in the past year, three accidents have gone through his fence; noting one landed within 5-feet of his home. Mr. Korb suggested a "specialized payback" commitment with the developer be established to include the Hearthfire development and/or future development.

Mr. Paul Arbis stated that the Northeast Neighborhood Coalition supports section 8.1.5 of the Land Use Code as well as the staff recommendation to deny the appeal. Mr. Arbis stated that the applicant has already been exempt from a Special Area Plan, a requirement approved by the previous Board, and asked when is enough enough? Mr. Arbis stated that Douglas Road is too narrow and needs improvement also, the intersection is not the only problem.

Ms. Lorna Weaver agreed Douglas is too narrow and noted the intersection is a safety nightmare. Ms. Weaver stated that the requested appeal would only benefit the developer's profit margin.

Ms. Brigitte Schmidt stated that this Board has taken fiscal responsibility of the County in the past and continues to try to improve existing transportation/road deficiencies and therefore requested the Board deny the proposed appeal.

Mr. Mike Doten, Director of Citizen Planners noted that he is not surprised that the applicant is requesting to be relieved of responsibilities for adequate public facilities (APF) and reiterated that the intersection is a huge safety issue. APF exists within the Land Use Code, Mr. Doten continued, specifically for this reason and requested the Board deny the appeal.

Much discussion ensued again regarding Hearthfire, improvement fees and ongoing discussions.

Ms. Yvonne Wittreich stated that the currently posted speed limit on State Hwy 1 is 45 mph and on Douglas Road it is 35 mph; however additional patrols are needed for enforcement.

Ms. Debbie Sheaman agreed with enforcement of the speed limit on Douglas and noted that Hearthfire should pay a fair share of the improvements.

Ms. Marlue Frazier-Davis agreed traffic on Douglas Road is horrific and noted the Board should uphold the recorded agreement with Hearthfire to pay for improvements.

At this time the hearing was closed to the public and Mr. Dunn rebutted by saying the issue before the Board is one of "Fairness" and suggested the special payback agreement be pursued. Mr. Dunn stated that it is not fair for the last guy in to bear the burden for improvement costs for which other developments have been exempt and reiterated the fairness principles and themes of the County Master Plan. Mr. Dunn, at this time, offered to pay 20% of the total calculated cost of the improvement.

Discussion ensued regarding the applicant's potential cost of the improvement. Mr. Engemoen stated that staff is continuing to work with the City of Fort Collins and CDOT but that it is the preference of staff to wait for the CDOT report before accepting and/or determining if an offer to pay 20% is sufficient, and asked that the applicant is willing to pay 20% of what?

Commissioner Bender stated that currently there are too many unknowns to grant an appeal and suggested the Board deny the request.

Commissioner Gibson agreed and suggested the item be tabled.

Chair Rennels stated that Larimer County does not have jurisdiction over the City of Fort Collins and visa-versa. All entities, Chair Rennels continued works together through intergovernmental agreements. Chair Rennels noted that she is not comfortable committing the developer to 20% of an unknown dollar amount.

M O T I O N

Commissioner Bender moved that the Board of County Commissioners deny the Hawthorne Village Appeal of Section 8.1.5.

Motion carried 3 - 0

9. BIG HORN RIDGE SPECIAL REVIEW: 19-06-68; ON THE SOUTH SIDE OF CR. 32 WEST OF THE INTERSECTION OF CR. 32 AND CR. 11

This is a request for special review approval of a church and private school exceeding 100 trips per day and a private high school with playing fields on a 68.12-acre parcel. Staff recommendation is approval of the Big Horn Ridge Special Review with the following conditions 1. The plan must be developed consistent with the plans submitted and reviewed in the file for file #01-Z1392, Big Horn Ridge Special Review; 2. No development of the site can occur until a subdivision of site and a Site Plan review have been conducted and approved pursuant to the requirements of the Larimer County Land Use Code; 3. Any trail easements dedicated or provided as apart of this review must be located on the property of the applicant and adequate fencing to the Union Pacific Rail Road ROW must be provided at the time of the trail construction.

Commissioner Gibson clarified that the request does not include any residential development and Mr. Helmick replied in the affirmative.

Mr. Bruce Hemby, representative for the applicant provided an overview of the site plan concept and agreed to remove any residential considerations from the proposal.

Ms. Lucia Liley noted that the proposal complies with the Plan for the Region as well as the Larimer County Master Plan, and stated that the proposal is also compatible with the existing area. Ms. Liley stated that the location was determined by the anticipated populations to serve/use the church and schools. Furthermore, Ms. Liley stated the proposal is a "replacement facility" for the existing facilities.

Mr. Ken Deines, Director of the Greenstone Homeowners Association (HOA) noted two concerns: noise and traffic. Mr. Deines stated that the proposal would only exacerbate existing traffic backup and congestion and would add to noise from County Road (CR) 32. Mr. Deines suggested a traffic light be considered for the intersection of the proposal and Greenstone Road.

Mr. Matt Dickstein agreed with previous statements and noted concern for traffic impact at peak travel times and the potential for defacto "pick-up" zones due to the congestion. Mr. Dickstein suggested the Board consider two uses as opposed to the proposed three uses.

Mr. Ernie Guerrbro stated that local residents do not cause the traffic congestion and noted that this is the last development possible east to I-25. Mr. Guerrbro noted that a traffic signal would only backup traffic and preferred over and under passes to keep traffic moving.

At this time the hearing was closed to the public and Mr. Helmick noted that accel and decel lanes would be required improvements at the intersections.

Ms. Liley clarified that this hearing is to determine compatibility only and that the proposal would be scheduled for public hearings again to address detailed design.

Commissioner Bender stated that he had no concerns with the proposed concept. Mr. Helmick clarified to the Board that if Special Review is approved, that it is implicit that the Conservation Development process is waived.

M O T I O N

Commissioner Gibson moved that the Board of County Commissioners approve the Big Horn Ridge Special Review as presented and outlined above.

Motion carried 3 - 0.

There being no further business, the hearing adjourned at 6:05 p.m.

TUESDAY, SEPTEMBER 25, 2001

ADMINISTRATIVE MATTERS

(#95 & 96)

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 Bill Nelson, Captain of Operations; Lisa Murphy, Technical Specialist; Ralph Jacobs, Director of Human Resources; Gary Buffington, Director of Parks and Open Space; Meegan Flenniken, Resource Specialist; K-Lynn Cameron, Manager of Open Lands; Dale Miller, Director of Road and Bridge; Kate Tremblay, Director of Risk Management; Claudia DeLude, Code Enforcement Officer; Rob Helmick, Senior Planner; Ed Schemm, Environmental Health Specialist; Larry Timm, Director of Planning; Jeannine Haag, Assistant County Attorney; Marc Engemoen, Director of Public Works; Donna Hart, Commissioner's Administrative Manager; Deni La Rue, Community Information Manager; and Jean O'Connor, Clerk to the Board.

  1. PUBLIC COMMENT: None

2. APPROVAL OF THE MINUTES FOR THE WEEK OF SEPTEMBER 17, 2001:

M O T I O N

Commissioner Gibson moved that the Board of County Commissioners approve the minutes for the week of September 17, 2001 with noted corrections.

Motion carried 3 - 0.

3. APPROVAL OF THE SCHEDULE FOR THE WEEK OF OCTOBER 1, 2001:

M O T I O N

Commissioner Bender moved that the Board of County Commissioners approve the schedule for the week of October 1, 2001 as amended.

Motion carried 3 - 0.

  • Invitations: Ms. Hart reviewed pending invitations.

4. CONSENT AGENDA:

M O T I O N

Commissioner Bender moved that the Board of County Commissioners approve the following items as presented on the consent agenda for September 25, 2001:

ABATEMENTS: As recommended by the County Assessor, the following petitions for abatement are approved Prudential Team Realty and Key Bank of Colorado.

ACTION ITEMS: Approve counterproposal for sale of property at 419 West Mountain Avenue, Fort Collins, CO; Approve authorization for Frank Lancaster, County Manager to sign the vendor agreement between Turning Point Center for Youth and Family Development, Inc. and Larimer County Department of Human Services, Child & Family Service Division.

A01-144 AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE TOWN OF JOHNSTOWN FOR THE COLLECTION OF COUNTY USE TAX

R01-158g RESOLUTION ESTABLISHING COMPENSATION FOR DISTRICT ATTORNEY APPOINTED OFFICIAL KIMBERLY ROBBINS

R01-159s FINDINGS AND RESOLUTION APPROVING THE MOUNTAIN RIVER RANCH CONSERVATION DEVELOPMENT

R01-160s FINDINGS AND RESOLUTION APPROVING AN AMENDED PLAT AND VACATION OF RIGHTS-OF-WAY AND A UTILITY EASEMENT IN INDUSTRIAL BUSINESS PARK INTERNATIONAL PLANNED DEVELOPMENT

R01-161s FINDINGS AND RESOLUTION APPROVING THE ELLIS RANCH PRELIMINARY RURAL LAND PLAN

R01-162s FINDINGS AND RESOLUTION APPROVING THE THOMAS EXTENDED FAMILY DWELLING APPEAL

R01-163g FINDINGS AND RESOLUTION APPROVING THE PETITION OF REMAX MOUNTAIN BROKERS FOR A TEMPORARY USE

R01-164g FINDINGS AND RESOLUTION APPROVING RAINSHADOW LANE, A NEW STREET NAME

R01-165z SPECIAL REVIEW FINDINGS AND RESOLUTION APPROVING THE PETITION OF HAPPY CAT RETREAT

MISCELLANEOUS: Johnson Subdivision Amended Plat of Amended Plat of Lots 13 & 14.

LIQUOR LICENSES: The following change of operating manager was approved Red Feather Lakes Café- 6%- Red Feather Lakes, CO.

Motion carried 3 - 0.

5. CIVIL SERVICE FEES: Captain Nelson stated that recently passed legislation authorizes the Sheriff, with an approval of the Board, to increase the fees charged for civil services. Captain Nelson also requested an effective date for the increased fees to be November 1, 2001 and not January 1, 2002.

Commissioner Gibson expressed concern with raising the fees to the maximum allowed, thereby prohibiting future increases. Captain Nelson stated that the currently charged fees are so far behind, that even with the increase, actual costs may not be recuperated.

Commissioner Gibson stated that the general fund currently subsidizes the Sheriff's Department for civil services and now the Sheriff is requesting an increase in the fees to be charged, noting that the perception may be "double dipping". Mr. Gluckman stated that the 2002 budget could be adjusted by taking the new fees into consideration.

Captain Nelson reiterated the Sheriff is trying to get fees charged to offset the actual expenses of the service and that this increase could require less of a contribution from the general fund.

M O T I O N

Commissioner Bender moved that the Board of County Commissioners approve the requested increase in Civil Service fees as presented to be effective November 1, 2001.

Motion carried 3 - 0.

6. REVISED CHAPTER V OF THE LARIMER COUNTY PERSONNEL POLICY MANUAL: Mr. Jacobs stated that most of the changes in the policy are housekeeping and formatting in nature and noted the significant changes are 1. Market salary change for classified and appointed employees; 2. Section i, page 4-13; which allows minor changes in the pay plan by the Director of Human Resources on an as needed basis; and 3. Compensatory Time.

Commissioner Gibson stated that page 3-13 Section e, does not allow for salary reduction in a voluntary job transfer to a lower step and grade and Mr. Jacobs replied in the affirmative. Commissioner Gibson suggested that a statement should be added to allow for an adjusted salary if inflation does not catch up with wages paid to an employee in the same position. Mr. Jacobs agreed to add a statement to allow for a salary reduction after 3-years.

M O T I O N

Commissioner Gibson moved that the Board of County Commissioners approve the revised Chapter V of the Larimer County Personnel Policy Manual as presented and amended.

Motion carried 3 - 0.

7. BIG THOMPSON PARKS: Mr. Buffington stated that approximately a year ago, the County closed the Narrows Park and Forks Park sites in Big Thompson Canyon and that the proposed 2002 budget request does not allow for the re-opening of these parks. Mr. Buffington requested the Board authorize staff to investigate the possibilities of providing for a more efficient management and enhancement of outdoor recreation in the Big Thomson Canyon, which may or may not include the re-opening of these parks.

Mr. Engemoen suggested that the management of Sleepy Hollow Park be looked at as a model in addressing the possibilities for the other two parks.

Mr. Buffington stated that staff would also be reviewing the ownership of 121 parcels up the Canyon, which are owned by Larimer County.

M O T I O N

Commissioner Gibson moved that the Board of County Commissioners approve allowing the Parks and Open Land staff to study the recreational possibilities in the lower Big Thompson Canyon and recommend action by March 1, 2002.

Motion carried 3 - 0.

8. FOSSIL CREEK RESERVOIR AREA PROPERTIES INTERGOVERNMENTAL AGREEMENT: Ms. Cameron stated that in accordance with the Intergovernmental Agreement (IGA) with the City of Fort Collins, Larimer County is the managing entity of 5 properties on the southern portion of Fossil Creek Reservoir. Furthermore, Ms. Cameron continued, the IGA calls for 50/50 ownership of the properties, and staff is requesting that $2,200,450 be paid to the City of Fort Collins to balance out the ownership of those properties and noted that the closing is set for October 5, 2001.

M O T I O N

Commissioner Bender moved that the Board of County Commissioners approve giving staff direction to proceed with the implementation of the Fossil Creek Reservoir Area Properties IGA regarding tracts A, B, E, F, and G and authorize the Chair to sign quitclaim deeds to Tracts A and B.

Motion carried 3 - 0.

9. MEMORANDUM OF AGREEMENT FOR CONSERVATION EASEMENT: Ms. Flenniken stated that several Open Land properties are co-owned and/or third-party monitored by the Legacy Land Trust (LLT). Staff is requested Board approval for two memorandums of agreement (MOA) between Larimer County and LLT for co-holdings of conservation easement deeds and third-party monitoring services. These MOA's, Ms. Flenniken continued, outline the coverage, monitoring responsibility, service fees, and other pertinent information regarding how the properties will be co-held and monitored.

M O T I O N

Commissioner Gibson moved that the Board of County Commissioners approve two Memorandums of Agreement between Larimer County and the Legacy Land Trust regarding co-holding of deeds and third party monitoring.

Motion carried 3 - 0.

A01-145 MEMORANDUM OF AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE LEGACY LAND TRUST FOR CO-HOLDING OF DEEDS OF CONSERVATION EASEMENTS

A01-146 MEMORANDUM OF AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND LEGACY LAND TRUST FOR THIRD-PARTY MONITORING SERVICES ON DECLARATIONS OF COVENANTS, CONDITIONS AND RESTRICTIONS

10. WORK SESSION: None

11. COMMISSIONER REPORTS: Commissioner Bender stated that the Board attended a budget conference in Breckenridge last week, but he did not feel it was very constructive and made suggestions for improvement. Commissioner Bender also noted that he was the guest speaker at a forum at Colorado State University regarding property rights and environmental stewardship.

Commissioner Gibson noted that he spoke with Boulder County at the conference last week and discussed the cost of open lands.

Chair Rennels stated that she participated in a panel discussion on growth legislation and the concerns/impacts of individual groups such as Colorado Cattleman's Association, Colorado Corn Growers Association, Sheep Association, etc.

12. EXECUTIVE SESSION: (#97)

M O T I O N

Commissioner Bender moved that the Board of County Commissioners go into executive session at 10:40 a.m. to discuss personnel matters and sited C.R.S. 24-6-402(4)(f).

Motion carried 3 - 0

Executive session ended at 11:00 a.m., the following action was taken:

M O T I O N

Commissioner Bender moved that the Board of County Commissioners approve a Limited Term Full Time Employee for the Road and Bridge Department.

Motion carried 3 - 0.

13. LEGAL MATTERS:

Ms. Haag informed the Board that the State Statute provides provisions for the Board to consider, and adopt, a "Junk" Ordinance. Ms. Haag noted that junk zoning violations often require the need for additional visits to court to get contempt citations, due to a lack of compliance with previous orders. Ms. Haag suggested the Board might desire consider such an ordinance, which would streamline the violation process and potentially keep court costs to a minimum. Consensus of the Board is for staff to pursue a draft of such an ordinance.

Ms. Haag provided information to the Board regarding their meeting with Boxelder Sanitation District this afternoon.

There being no further business, the meeting was adjourned at 11:40 a.m.

PUBLIC MEETING TO CONSIDER

BOUNDARY LINES FOR COMMISSIONER DISTRICTS

(#98)

The Board of County Commissioners met with Myrna Rodenberger, Clerk & Recorder at 1:30 p.m.; Chair Rennels presided and Commissioners Bender and Gibson were present. Also present were Scott Doyle, Chief Deputy; Jan Kuhnen, Elections Manager; Jeff Rulli, GIS Manager; and Jean O'Connor, Clerk to the Board.

Ms. Rodenberger noted that in accordance with State Statute, this meeting is to present and receive Board action regarding new Commissioner District Boundary lines based on 2000 Census information.

Commissioner Gibson observed that the Bobcat Creek area has been moved from District 3 to District 2, and noted that the only access to this area is via District 3 and asked for an explanation. Ms. Rodenberger stated that the Commissioners serve Larimer County as a whole, therefore accesses were not considered and the lines were determined strictly on census information and existing precincts.

Commissioner Gibson expressed concern with residents of the Bobcat Creek area not seeing "their" Commissioner and suggested the area be put back into District 3 if the change does not exceed 2.5%.

Ms. Kuhnen stated that another area off Drake Road was also changed in order to achieve straighter boundary lines, and if returned to the original line, may offset the percentage change between Districts 2 and 3.

M O T I O N

Commissioner Gibson moved that the Board of County Commissioners approve the new Commissioner District Boundary map with the changes to the Bobcat Creek Area and the area off Drake Road.

Motion carried 3 - 0.

There being no further business, the meeting adjourned at 1:50 p.m.

_______________________________

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