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PROCEEDINGS OF THE BOARD OF COUNTY COMMISSIONERS

MONDAY, NOVEMBER 5, 2001

 

LAND USE HEARING

(# 115)

The Board of County Commissioners met at 3:00 p.m. with Larry Timm, Director of Planning; Chair Rennels presided and Commissioners Gibson and Bender were present. Also present were: Jeannine Haag, Assistant County Attorney; Matt Lafferty, Planner II; Dave Karan, Planner II; Tracie Downs, Civil Engineer; Recording Clerk: Gael Cookman.

Chair Rennels noted that there had been a change to the Staff Recommendation pertaining to the Graybill Planned Unit Development and asked Mr. Karan to explain the change. Mr. Karan stated that the seeding requirements call for retaining $1150 more in the Warranty Collateral Agreement. Chair Rennels asked if the applicant has agreed to the changes and Mr. Karan replied in the affirmative. Chair Rennels then stated that all items listed on the agenda were consent and would not be discussed unless requested by the Board, Staff, or members of the audience.

  1. FOSSIL LAKE PLANNED UNIT DEVELOPMENT 1ST FILING LOT 1 OUTLOT D AMENDED PLAT / 01-S1846.
  2. This is a request to adjust the boundary between Lot 1 and Outlot A to remove a portion of Lot 1 containing a drainage swale and make that drainage ditch a part of Outlot A. The change of lot lines will place the entire drainage swale under the management of the Everline, LLC as common property of the subdivision. Staff recommendation is for the Board of County Commissioners to approve the proposed First Amended Plat of Lot 1 and Outlot A in Fossil Lake P.U.D., 1st Filing File #01-S1846 subject to the following conditions: The applicant (or representative) must make all the above corrections to the plat prior to filing; and The final plat with the required changes must be reviewed by the Planning and Engineering staff to verify corrections prior to signature by the Board of County Commissioners and recording.

  3. GRAYBILL PLANNED UNIT DEVELOPMENT RELEASE OF COLLATERAL/ESTABLISHING WARRANTY COLLATERAL / 99-S1484 & 00-G0016
  4. This is a request for a release of collateral for public improvements and establishment of warranty collateral. The Graybill Planned Unit Development Final Plat was approved and recorded on January 5, 2001. The Development Agreement was approved and recorded on that same day. The amount of collateral for on-site improvements in the development agreement was $47,847.50 (times 115% = $55,024.63). Off-site and road capacity improvements were waived on appeal (File #00-G0016; approved April 11, 2001) with the exception of $15,000 (non-refundable) deposited with County Engineering. The developer has successfully installed all subdivision improvements except seeding and Phase 1 landscaping required by the Development Agreement of this project including all drainage measures and utilities and has requested the original development collateral be released except for $1150 ($1000 x 115%) for seeding. Seeding will take place in the spring, 2002. A warranty collateral agreement for Phase 1 will need to signed by the property owner and collateral provided for public improvements not covered by other warranties or agreements, water, sewer and other utilities. The amount of collateral required for the warranty collateral agreement is a total of $1775.00 for storm drainage ($250.00), erosion control facilities and seeding requirements ($1000.00), and Phase 1 landscaping ($625.00). The property owner, Buck Graybill, has provided the necessary collateral in the form of cash to be deposited in the Commissioners Escrow Account. Note that, according to the Development Agreement, all warrantee collateral will be held for one (1) year not two (2) years as usual. Also, additional landscaping warrantee collateral will be required for Phases 2 and 3 prior to issuing a Building Permit or Certificate of Completion or Certificate of Occupancy for that phase. The Engineering Department has inspected and reviewed the improvements and has recommended the development collateral be released and replaced with a warranty collateral and agreement.

    Staff recommendation is for the Board of County Commissioners to approve the release of the collateral in the amount $53,874.63 for the public improvements for the Graybill Planned Unit Development and approve and execute a warranty collateral agreement that retains 25% landscaping warranty collateral ($625.00), 100% of erosion control and seeding ($1000.00), and 5% of storm drainage ($225.00) for a total of $1,850 for one year.

  5. SOUTH LINK LANE CONDO MAP / 01-S1739

This is a request to condominiumize the commercial structure located on Lot 7A of the amended plat of Lots 6, 7, 8 and 9, of Block 1 East Mulberry Subdivision into 3 units. The applicant proposes to perform a condominium on the structure located at Lot 7A of the East Mulberry Subdivision, being an Amended plat of Lots 6, 7, 8 and 9. The condominium will have the effect of creating three separate units within the structure, each of which can be held in separate ownership. A typical condominium application requires the applicant to submit a condominium plat illustrating all the common elements such as parking and open areas, as well as the condominium declarations disclosing the responsibility maintenance and use of such areas. The required items have been submitted and reviewed by the Planning, Engineering and Health Department staff's for this application. The comments received from the referral agencies indicate no concern with this action and the documents provided. However, the County Health Department has noted that any new occupants of the units created will need to obtain proper permits for their use, and may be subject to the County Site Plan Review Process.

Parking areas, landscape areas and the buildings for this phase of the development are in place and are properly noted in the Condominium Declarations as common elements that are to be maintained by the property owners association. All utilities serving this site are in place and functional. Staff findings are as follows:

  1. The proposed Condominium Plat and declarations are in compliance with the Larimer County Master Plan and Land Use Code.
  2. The condominium is compatible with the other development in the surrounding area.
  3. Approval of the condominium will not result in any significant impacts to the neighboring properties, the natural environment, of the provision of services and infrastructure.
  4. Property values in the surrounding area would not be adversely affected by this condominium.
  5. Maintenance of the buildings, parking lots, landscaping and other common areas will be the responsibility of the property owners association, pursuant to the Condominium Declaration and By-laws of the Colona Condominium Association.

Staff recommendation is for the Board of County Commissioners to approve of File #01-S1739 for the Condominium Map of the South Link Lane Condominiums.

M O T I O N

Commissioner Bender moved that the Board of County Commissioners approve of the Fossil Lake Planned Unit Development 1st Filing Lot 1 Outlot D Amended Plat, 01-S1846; Graybill Planned Unit Development Release of Collateral/Establishing Warranty Collateral, 99-S1484 & 00-G0016; and South Link Lane Condo Map, 01-S1739, as outlined above.

Motion carried 3-0.

The meeting adjourned at 3:05 p.m.

TUESDAY, NOVEMBER 6, 2001

ADMINISTRATIVE MATTERS

(# 115)

The Board of County Commissioners met in regular session at 9:00 a.m. with County Manager Frank Lancaster; Chair Rennels presided and Commissioners Gibson and Bender were present. Also present were: Jeannine Haag, Assistant County Attorney; Linda Bobbitt, HHS Management Services Assistant; Deni LaRue, Community Information Officer; Donna Hart, Commissioners Office Administrative Manager; Melinda Keen, Commissioners Office Secretary II; Rob Helmick, Senior Planner; Carol Evans, Planner II, Claudia Delude, Planner I. Recording Clerk: Gael Cookman.

1. PUBLIC COMMENT: The Board is available for Public Comment 9:00 a.m. to 9:30 a.m. each Tuesday.

  1. APPROVAL OF MINUTES FOR OCTOBER 29, 2001:
  2. M O T I O N

    Commissioner Gibson moved that the Board of County Commissioners approve the Minutes for the week of October 29, 2001.

    Motion carried 3-0.

  3. APPROVAL OF SCHEDULE FOR WEEK OF NOVEMBER 12, 2001:

M O T I O N

Commissioner Bender moved that the Board of County Commissioners approve the Schedule for the week of November 12, 2001.

Motion carried 3-0.

4. APPROVAL OF CONSENT AGENDA:

M O T I O N

Commissioner Gibson moved that the Board of County Commissioner approve the following documents as listed on the Consent Agenda for November 6, 2001:

ABATEMENTS: John & Angela Crane, JMS Investments LLC, David & Laura Lechtenberg, Janice M. Sanders, Blackjack Pizza, Dixon TV and Video.

MISCELLANEOUS DOCUMENTS: Condominium Map of South Link Lane Condominiums; Amended Plat of South Nokomis Lake Subdivision Block 12 Lots 12-17 Amended Plat; Third Quarter Public Trustee Report for 2001.

LIQUOR LICENSES: County approval was issued to: Fort Collins Country Club - 6% - Fort Collins, CO; and Red Feather Café & Bar - 6% - Red Feather Lakes, CO. Licenses were issued to: Seven Eleven Store #32276 - 3.2% - Fort Collins, CO; and River Forks Stage Stop - 6% - Drake, CO.

A01-165 DEVELOPMENT AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND CLEAR CHANNEL BROADCASTING OF COLORADO, INC.

A01-166 ADDENDUM TO AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND CARTER LAKE MARINA, INC. (Increase the maximum number of public moorings allowed within the designated area from 150 to 200.)

A01-167 MEMORANDUM OF AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS, BY AND AMONG THE LARIMER COUNTY DEPARTMENT OF HUMAN SERVICES; CHILD & FAMILY DIVISION AND LARIMER CENTER FOR MENTAL HEALTH, AND NORTHEAST BEHAVIORAL HEALTH (Defining this year's agreement with Mental Health Assessment and Service Agency; and Mental Health and Department of Social Services.)

A01-168 ADDENDUM TO MEMORANDUM OF AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS, BY AND AMONG THE LARIMER COUNTY DEPARTMENT OF HUMAN SERVICES: CHILD, YOUTH, AND FAMILY DIVISION AND LARIMER CENTER FOR MENTAL HEALTH, AND NORTHEAST BEHAVIORAL HEALTH

C01-44 CONTRACT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE STATE OF COLORADO FOR THE USE AND BENEFIT OF THE COLORADO OFFICE OF ECONOMIC DEVELOPMENT, ECONOMIC DEVELOPMENT COMMISSION (Support for Enterprise Zone Marketing.)

C01-45 CONTRACT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE STATE OF COLORADO FOR THE USE AND BENEFIT OF THE COLORADO DEPARTMENT OF TRANSPORTATION (Intersection improvements at Larimer County Road 17 and Larimer County Road 34.)

R01-212g RESOLUTION FOR COUNTY ROAD MAINTENANCE (To accept subdivision roads for limited county road maintenance.)

R01-213g RESOLUTION APPROVING CONTRACT FOR INTERSECTION IMPROVEMENTS AT LARIMER COUNTY ROAD 17 AND LARIMER COUNTY ROAD 34 (Project No. STS C060-029)

Motion carried 3-0.

5. RECOMMENDATIONS FOR THE HEALTH AND HUMAN SERVICES COMMUNITY PARTNERSHIPS CONTRACT AWARDS: Ms. Bobbitt presented the Board with the recommended Health & Human Services (HHS) Community Partnership contract awards; she also explained the history of this program noting the City of Fort Collins has joined with Larimer County in awarding these contracts in order to make best use of the dollars available and save some overhead costs. Commissioner Gibson asked some questions regarding the entities that were supported, and how the committee that reviews the proposals was designed. Some discussion also ensued regarding how the dollars are distributed within the county and cities. Ms. Bobbitt explained that all of the Fort Collins dollars allocated to support these programs stay within the city limits, and the Larimer County dollars are used throughout the county.

M O T I O N

Commissioner Bender moved that the Board of County Commissioners approve the Review Panel's recommendations for funding of the Health and Human Services Community Partnerships contracts.

Motion carried 3-0.

6. DISCUSSION OF BOARDS AND COMMISSIONS PERIODIC REVIEW PROCESS: Ms. Keen requested Board approval in the appointment of Kimberly Stenberg to the Planning Commission Board for a term beginning November 6, 2001 and ending June 30, 2005.

M O T I O N

Commissioner Gibson moved that the Board of County Commissioners approve the appointment of Kimberly Stenberg to the Planning Commission Board for a term beginning November 6, 2001 and ending June 30, 2005.

Motion carried 3-0.

Ms. Keen then presented the Board with the proposed periodic review process for Boards and Commissions. Commissioner Gibson recommended that a question be included that would inquire as to what the specific Board or Commission had accomplished within the past year. Chair Rennels asked that the review questionnaire be presented during a regularly scheduled Board meeting, rather than simply encouraging Board members to attend a study session.

M O T I O N

Commissioner Bender moved that the Board of County Commissioners approve the Boards and Commissions Periodic Review Process with the above changes.

Motion carried 3-0.

7. WORKSESSION: Mr. Lancaster asked if anyone else needed to be included in the upcoming Planning Worksession to talk about fire sprinklers; the Board stated that they had enough information but suggested that a letter be sent to the interested parties informing them of the worksession and then they could attend if they chose to do so.

Mr. Lancaster noted that the proposed budget for 2002 has some funding budgeted to enhance family health care coverage; however, the Open Enrollment session for all county employees will be over before the budget is formally adopted. Mr. Lancaster stated that the proposed family health care enhancements are substantial enough that if approved the county would have to offer another Open Enrollment session in January, unless the Board was willing to commit to not changing that piece of the budget in the upcoming budget hearings. The Board stated that they are willing to commit to that piece of the budget, so Mr. Lancaster stated that they would inform the employees and make it an option during November's Open Enrollment session.

8. COMMISSIONER REPORTS: Commissioner Gibson noted that he attended meetings in Estes Park, Loveland, Windsor and Weld County, as well as a North Front Range Transportation meeting, the 4-H Achievement Night, he judged a Halloween costume contest, and he got to spend some time at the site of the brush fire.

Commissioner Bender stated that he had breakfast at Vern's and met with some people to discuss county issues, he noted that he also attended the 4-H Achievement Night. Chair Rennels noted her attendance at 4-H Achievement Night and displayed the plaque that was awarded to her that says "Friend of 4-H."

  1. LEGAL MATTERS:

M O T I O N

Commissioner Bender moved that the Board of County Commissioners go into Executive Session for the purpose of receiving legal advice in an attorney/client-privileged setting, and cited C.R.S. 24-6-402(4)(b).

Motion carried 3-0.

Executive Session ended at 10:45 a.m., no further action taken.

_______________________________________________

KATHAY RENNELS, CHAIR LARIMER COUNTY

BOARD OF COMMISSIONERS

MYRNA J. RODENBERGER

LARIMER COUNTY CLERK & RECORDER

( S E A L )

ATTEST:

_________________________________

Gael M. Cookman, Deputy County Clerk

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