Loveland Bike Trail
 

MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

Monday, December 3, 2001

LAND USE HEARING

(#122)

The Board of County Commissioners met with Larry Timm, Director of Planning; Chair Rennels presided and Commissioner Bender was present. Also present were Jim Reidhead, Director of the Rural Land Use Center; Karin Knauf, Planner I; Matt Lafferty, and Sean Wheeler, Planners II; Rob Helmick, Senior Planner; Doug Ryan, Environmental Planner; Jeannine Haag, Assistant County Attorney; Roxann Hayes, Senior Civil Engineer; and Jean O'Connor, Recording Clerk.

Mr. Wheeler requested that item #1, Kapperman Subdivision be tabled to January 7, 2002 at 3:00 p.m.

M O T I O N

Commissioner Bender moved that the Kapperman Subdivision be tabled to January 7, 2002 at 3:00 p.m.

Motion carried 2 - 0.

Chair Rennels noted the following items are consent and would not be discussed unless requested by the Board or members of the audience. Mr. Jim Mokler requested item #6 Interchange Business Park Amendment be removed from the consent agenda.

2. GLACIER VIEW MEADOWS 4TH FILING, LOTS 88 & 89 AMENDED PLAT AND EASEMENT VACATION: NW 1/4 OF SECTION 24, TOWNSHIP 9, RANGE 72 WEST; IN THE GLACIER VIEW MEADOWS SUBDIVISION, 591 & 635 MOUNT MASSIVE DRIVE.

This is a request for an Amended plat to combine lots 88 & 89 and to vacate the utility easements on the boundaries separating the existing lots. Staff recommendation is approval of the Glacier View Meadows Forth Filing, Lots 88 & 89 Amended Plat and Easement Vacation.

3. MYCAMP SUBDIVISION LOTS 2 & 3, BLOCK C AMENDED PLAT: NE 1/4 OF SECTION 6, TOWNSHIP 8, RANGE 70 WEST; ON THE SOUTH SIDE OF HIGHWAY 14, APPROXIMATELY 6 MILES WEST OF MISHAWAKA IN MYCAMP SUBDIVISION.

This is a request for an Amended plat to create a plat of record from portions of Lots 2 & 3, as excluded from the Amended Plat for Lots 3 & 4 and part of Lots 2, 5 & 6, Block C of the Mycamp Subdivision. Staff recommendation is approval of the Amended Plat for Lots 2 & 3, Block C of the Mycamp Subdivision with the following conditions 1. The applicant shall comply with the Engineering Department requirements as noted in the memo of 10/23/01 from Dale V. Greer, Professional Land Surveyor; 2. All conditions shall be met and the Final Plat recorded by June 3, 2002 or this approval shall be null and void.

4. BROOKLIND ESTATES R.L.U.P. AMENDED PLAT: N 1/2 35-8-68; GENERALLY LOCATED 2 MILES EAST OF INTERSTATE 25 AT THE CORNER OF COUNTY ROAD 52 AND COUNTY ROAD 3.

This is a request for authorization to amend the building envelopes for Lots 1-9. Staff recommendation is approval of the Amended Plat for Lots 1-9 of the Brooklind Estates R.L.U.P. with the following condition 1. Prior to approval of the footing and foundation inspection, the owner/applicant for a building permit will be required to demonstrate that the structure(s) is located within the building envelope. This shall be accomplished by a written certification by a Colorado Licensed Surveyor. If the structure requires a county Setback and Use Permit rather than a building permit, this surveyor's certification is also required.

5. AMENDED PLAT OF PARCEL 3 OF THE KIRKSEY EXEMPTION: SECTION 33, TOWNSHIP 6 NORTH, RANGE 68 WEST; LOCATED ON MEDFORD DRIVE, WHICH IS ON THE EAST SIDE OF COUNTY ROAD 9 APPROXIMATELY 2 MILE SOUTH OF COUNTY ROAD 30.

This is a request for an amended plat to add a Metes and Bounds parcel vacated by the Union Pacific Railroad to Parcel 3 of the Kirksey Exemption. Staff findings are 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 to combine the Metes and Bounds parcel vacated by the Union Pacific Railroad to Parcel 3 of the Kirksey Exemption.

7. GRAYHAWK KNOLLS SUBDIVISION WARRANTY COLLATERAL RELEASE: 25 & 26-09-69; ON THE WEST SIDE OF CR. 15 SOUTH OF CR. 66 AND NORTH OF CR. 64

This is a request for release of warranty collateral for the Grayhawk Knolls Subdivision. Staff recommendation is approval of the request to release the Subdivision Improvements Agreements and warranty collateral for the Grayhawk Knolls Subdivision in the amount of $16,029.80.

M O T I O N

Commissioner Bender moved that item #6 Interchange Business Park Amendment be removed from the consent agenda.

Motion carried 2 - 0.

M O T I O N

Commissioner Bender moved that the consent agenda be approved as amended.

Motion carried 2 - 0.

6. INTERCHANGE BUSINESS PARK PLANNED UNIT DEVELOPMENT (PUD) AMENDMENT: NW 1/4 OF 15-07-68; LOCATED AT THE SOUTHWEST CORNER OF THE HIGHWAY 14 AND I-25 INTERCHANGE

This is a request for an amendment to the Interchange Business Park PUD to adopt an overall sign package. Staff findings are 1. The amendment to the Interchange Business Park PUD complies with Intergovernmental Agreement for the applicable Growth Management Area, including the applicable Town or City master plan elements cited in the intergovernmental Agreement; 2. The amendment to the Interchange Business Park PUD is compatible with existing and allowed land uses in the surrounding area; 3. The amendment to the Interchange Business Park PUD complies with all standards and technical requirements of the Larimer County Land Use Code and 1973 PUD Resolution and with all other federal, state and County Laws and regulations. Staff recommendation is approval of the amendment to the Interchange Business Park PUD to adopt sign criteria for the development subject to the following conditions 1. The applicant shall modify the Interchange Business Park PUD Master Sign Plan before any signs are approved in the development by eliminating the total square footage formulas and replacing it with language that states, "There shall be no more than 90 total square feet of sign area for any principle use within the development". (Includes wall and monument sign area)

Mr. Lafferty stated that the "Sign Plan" submitted by the applicant allows for one sign per individual use and the size of the sign is determined by the square footage of the individual unit. Therefore, Mr. Lafferty continued larger individual units would have larger signs than smaller units; however, the current County Sign Code states that no sign shall exceed 90 square feet.

Mr. Mokler stated that there are currently two retail units planned on 6-acres near Interstate 25 and a 90 square foot sign for retail space would be insufficient. Mr. Mokler further stated that the industrial park is located within the City of Fort Collins Growth Management Area and will be annexed in the future, therefore the sign plan submitted is in compliance of the City of Fort Collins sign code.

Mr. Jonathan Harshaw, Shaw Signs stated that the industrial park application was approved under the County's old Planned Unit Development (PUD) regulations, which is unclear as to the Board's authority in varying from the 90 square feet size limit.

Ms. Haag stated that she believes under the PUD regulation, the Board does have flexibility to vary from the 90 square feet and requested a short break to review the old regulation.

Chair Rennels noted that upon review of the PUD regulation, the Board does have flexibility, however a concern is how to determine the maximum size of any individual sign.

Much discussion ensued regarding how to determine the maximum allowable sign size and how to word a condition of approval. It was suggested that the item be tabled and Mr. Mokler concurred.

M O T I O N

Commissioner Bender moved that the Interchange Business Park Amendment be tabled to January 7, 2002 at 3:00 p.m.

Motion carried 2 - 0.

8. RANCHOS DEL SOL CONSERVATION DEVELOPMENT (CD) PRELIMINARY PLAT: 27-05-68: APPROXIMATELY 1/3 OF A MILE WEST OF I-25 ON THE NORTH SIDE OF COUNTY ROAD #16, BETWEEN LOVELAND AND CAMPION.

Mr. Wheeler stated that the applicant has requested that this item be tabled to January 14, 2002 at 3:00 p.m.; Mr. Rob Persichitte, representative for the applicant concurred.

M O T I O N

Commissioner Bender moved that the Ranchos Del Sol Conservation Development be tabled to January 14, 2002 at 3:00 p.m.

Motion carried 2 - 0.

There being no further business, the hearing adjourned at 4:00 p.m.

TUESDAY, DECEMBER 4, 2001

ADMINISTRATIVE MATTERS

(#123)

The Board of County Commissioners met with Frank Lancaster, County Manager; Chair Rennels presided and Commissioner Bender was present. Also present were Kathy Snell, Director of Health and Human Services; Kim Walkenhorst, Community Health Program Specialist; K-Lynn Cameron, Open Lands Manager; Jerry White, Land Agent; Jill Bennett, Senior Planner; Dori Villalon, Executive Director of the Humane Society; Donna Hart, Commissioner's Administrative Manager; Deni La Rue, Community Information Manager; and Jean O'Connor, Clerk to the Board.

1. PUBLIC COMMENT: 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 NOVEMBER 19, 2001:

M O T I O N

Commissioner Bender moved that the minutes for the week of November 19, 2001 be approved.

Motion carried 2 - 0.

**Clerks Note: There are no minutes for the week of December 3, 2001 since the Board was attending CCI in Colorado Springs.**

3. APPROVAL OF THE SCHEDULE FOR THE WEEKS OF DECEMBER 10 AND 17, 2001:

M O T I O N

Commissioner Bender moved that the schedule for the week of December 10, 2001 be approved as amended.

Motion carried 2 - 0.

M O T I O N

Commissioner Bender moved that the schedule for the week of December 17, 2001 be approved as presented.

Motion carried 2 - 0.

4. CONSENT AGENDA:

M O T I O N

Commissioner Bender moved that the following documents be approved as presented on the consent agenda for December 4, 2001:

PETITIONS FOR ABATEMENT: As recommended by the County Assessor, the following petitions for abatement are approved LTC Properties; Morgan; and Zaggle.

A01-173 AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND NOLTE ASSOCIATES, INC. FOR DESIGN SERVICES FOR THE FAIRGROUNDS

A01-174 AMENDMENT TO THE INTERGOVERNMENTAL AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS, THE CITIES OF LOVELAND AND FORT COLLINS FOR THE SAUER PROPERTY CONSERVATION EASEMENT

D01-22 DEED OF CONSERVATION EASEMENT FOR SAUER PROPERTY

D01-23 DEED OF DEDICATION OF PROPERTY AS A PUBLIC HIGHWAY USE BY MARK ALAN FRANDSON

R01-228g RESOLUTION ESTABLISHING COMPENSATION FOR DISTRICT ATTORNEY APPOINTED OFFICIALS FIELD, LYNCH AND LEE

R01-229g RESOLUTION ESTABLISHING THE POSITION OF CHIEF DEPUTY DISTRICT ATTORNEY LAMMONS

R01-230g RESOLUTION ESTABLISHING COMPENSATION FOR DISTRICT ATTORNEY APPOINTED OFFICIAL LAMMONS

R01-231g RESOLUTION PROVIDING FOR THE DISSOLUTION OF LARIMER COUNTY LOCAL IMPROVEMENT DISTRICT #1989-3 DOUBLE D/LAKE KNOLL; AND 1992-1 SCENIC KNOLL/GLADES WEST

R01-232g RESOLUTION APPROVING LOAN FROM FOSSIL CREEK DRAINAGE FUND TO DRY CREEK DRAINAGE FUND

R01-233g RESOLUTION ADOPTING LARIMER COUNTY UNDESIRABLE PLANT MANAGEMENT PLAN

MISCELLANEOUS: Approve Flexible Spending Account Plan: Health Care Reimbursement portion plan years December 2, 2001 through November 30, 2002; Approve Flexible Spending Account Plan: Dependent Day Care Reimbursement portion plan years December 1, 2001 through November 30, 2002; Approve Flexible Spending Account Plan: Premium Conversion portion plan years December 1, 2001 through November 30, 2002; Amended plat of part of Lots 40, 46, 47 and 48, Block 2 Rest Subdivision; Amended plat of lots 5A & B, 13A & B; 14A & B and a portion of lot 4B, Block 11 and Lots 2A & B and a portion of Lot 1A, Block 12 West Hiawatha Heights; and Approval of letters concerning the Youth Advisory Board.

LIQUOR LICENSES: The following licenses were approved Mishawaka Inn- 6%- Bellvue, CO and City Limit Liquors- 6%- Fort Collins, CO. The following licenses were issued Rock Inn Steak House- 6%- Estes Park, CO; Red Feather Liquors- 6%- Red Feather Lakes, CO; Archer's Poudre River Resort- 3.2%- Bellvue, CO; Young's Liquor- 6%- Fort Collins, CO; The Rock Dance Club- 6%- Fort Collins, CO; Fort Collins Country Club- 6%- Fort Collins, CO; and Red Feather Café and Bar- 6%- Red Feather Lake, CO.

Motion carried 2 - 0.

5. REQUEST TO EXTEND THE MEDICAID MANAGED CARE DEFAULT PROCESS: Ms. Snell explained that the State legislature has established a managed care program for Medicaid recipients, of which 75% of recipients must be registered with one of two managed care plans. The deadline, Ms. Walkenhorst continued for recipients to register, was December 1, 2001 and recipients not registered defaulted to the Colorado Access program and noted it is questionable as to whether or not they can handle the increased workload. Ms. Snell requested a letter from the Board requesting Governor Owens extend the managed care default deadline or propose an alternative course of action until such time that an adequate provider network can be established.

M O T I O N

Commissioner Bender moved to approve submitting a request to Governor Owens to extend the managed care default deadline or propose an alternative course of action.

Motion carried 2 - 0.

6. GREEN RIDGE CONSERVATION EASEMENT: Mr. White noted that Larimer County is acquiring the 140-acre Green Ridge Conservation Easement from Sylvan Dale Ranch in partnership with the City of Loveland and GoCO and requested the Board sign the conservation easement prior to closing later this week.

M O T I O N

Commissioner Bender moved to approve the signing of the deed of Conservation Easement for Green Ridge located on Sylvan Dale Ranch.

Motion carried 2 - 0.

D01-24 DEED OF CONSERVATION EASEMENT FOR GREEN RIDGE

7. ASSIGNMENT OF PARTIAL INTEREST IN THE SAUER CONSERVATION EASEMENT TO THE LEGACY LAND TRUST: Mr. White stated that the Sauer Conservation Easement was a joint project with the Cities of Loveland and Fort Collins for which the Cities hold joint ownership of the land and the County holds the conservation easement. However, as a requirement of GoCO funding, the County must assign a partial interest in the conservation easement to a Land Trust. Ms. Cameron noted that the partnership requested a $500,000 grant from GoCO. Mr. White requested the Board approve the assignment of partial interest in the Deed of Conservation Easement to the Legacy Land Trust for the Sauer property.

M O T I O N

Commissioner Bender moved to approve the partial assignment of the Sauer Conservation Easement to the Legacy Land Trust so that the conservation easement will be "co-held" by Larimer County and the Legacy Land Trust.

Motion carried 2 - 0.

D01-25 ASSIGNMENT OF PARTIAL INTEREST IN DEED OF CONSERVATION EASEMENT FOR SAUER PROPERTY TO LEGACY LAND TRUST

8. REQUEST TO USE PLANNING DEPARTMENT CARRY-OVER FUNDS TO FUND THE LAPORTE AREA PLAN PROJECTS: Ms. Bennett requested, for the record, that carry-over funds from the Planning Department, not to exceed $79,500, be applied toward a LaPorte Area Plan. Ms. Bennett reminded the Board that LaPorte was identified as a high priority planning area earlier this year due to anticipated growth.

M O T I O N

Commissioner Bender moved to approve the authorization for use of Planning Department carry-over funds, not to exceed $79,500 for the LaPorte Area Plan Project.

Motion carried 2 - 0.

9. INCREASE FEES FOR THE HUMANE SOCIETY: Ms. Villalon requested Board support to increase fees charged by the Humane Society to be effective January 1, 2002. Ms. Dori recommended the following fees: Impound Fee- $40; Licenses for spay/neutered pets owned by senior citizens- $5.00; Licenses for juvenile animals (4-months to 1-year)- $10.00; and a replacement tag- $2.50. Chair Rennels suggested the fees be re-evaluated in a year.

M O T I O N

Commissioner Bender moved to approve an increase in the impound fee to $40.

Motion carried 2 - 0.

M O T I O N

Commissioner Bender moved to approve a $5 licensing fee for spay/neutered pets owned by senior citizens.

Motion carried 2 - 0.

M O T I O N

Commissioner Bender moved to approve a $10 licensing fee for juvenile animals (4-months - 1-year).

Motion carried 2 - 0.

M O T I O N

Commissioner Bender moved to approve the replacement tag fee to $2.50.

Motion carried 2 - 0.

10. APPOINTMENTS AND RE-APPOINTMENTS TO THE FAIR BOARD: Ms. Hart reviewed the following proposed list of citizen appointments and re-appointments to the Fair Board and requested Board approval. Jennie Baran- appointment for 3-years beginning 12/1/01 and expiring 11/30/04; John Cheney, Kathie Riley, and Myrna Rodenberger- re-appointments for 3-years beginning 12/1/01 and expiring 11/30/04. A waiver of term limits is required for Cheney and Riley.

M O T I O N

Commissioner Bender moved that the appointments and re-appointments to the Fair Board be approved as listed.

Motion carried 2 - 0.

11. WORK SESSION: Mr. Lancaster stated that the Poudre Basin Wide Stakeholders Group has been organized and is requesting support from counties in the amount of $5,000 and noted the funds are available within the Commissioner's Special Projects Fund. Commissioner Bender suggested Mr. Lancaster see what the Larimer/Weld Water Users Group has to say and noted that, based on previous conversations, there seems to be duplication of efforts.

12. COMMISSIONER REPORTS: Commissioner Bender noted the Board attended CCI (Colorado Counties, Inc.) last week in Colorado Springs and received good information; that he spoke at the Women's Foundation last week; and that he is checking on the Emergency Fire Plan. Chair Rennels noted a "friendly bet" with her counterpart, Scott Armey, in Denton County, Texas regarding the outcome of the December 18, 2001 football game between CSU and the University of Northern Texas.

13. LEGAL MATTERS: None

There being no further business, the meeting adjourned at 10:15 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: Loveland Bike Trail by Sharon Veit. All rights reserved.