Loveland Bike Trail
 

MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

Monday, February 4, 2002

LAND USE ITEMS

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The Board of County Commissioners met with Larry Timm, Director of Planning; Chair Gibson presided and Commissioners Bender and Rennels were present. Also present were Doug Ryan, Environmental Planner; Christie Coleman, Civil Engineer; Karin Knauf, Planner I; David Karan, Planner II; Claudia DeLude, Code Enforcement Officer; Jeannine Haag, Assistant County Attorney; and Jean O'Connor, Recording Clerk.

Chair Gibson noted the first item on the agenda are the Environmental Stewardship Awards and presented Nancy and George Wallace and Ken and Steve DeLine with plaques in recognition of their stewardship accomplishments.

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

1. GLACIER VIEW MEADOWS 12TH FILING, LOTS 116 & 118 AMENDED PLAT AND EASEMENT VACATION: SE 1/4 OF SECTION 36, TOWNSHIP 9, RANGE 72 WEST; LOCATED ON HORSE MOUNTAIN DRIVE IN THE GLACIER VIEW MEADOWS SUBDIVISION12TH FILING

This is a request for an Amended plat to combine lots 116 & 118 and to vacate the utility easements on the boundaries separating the existing lots. Staff recommendation is approval of the proposed Glacier View Meadows 12th Filing, Lots 116 & 118 Amended Plat and Easement Vacation with the following condition 1. All conditions shall be met and the Final Plat recorded by August 4, 2002 or this approval shall be null and void.

2. BENNET FARM PRELIMINARY RURAL LAND PLAN TIME EXTENSION: 11-04-70; GENERALLY LOCATED 5 1/2 MILES NORTHWEST OF BERTHOUD ON THE NORTH SIDE OF COUNTY ROAD 8E, APPROXIMATELY 1/2 MILE EAST OF CARTER LAKE RESERVOIR)

This is a request to extend the Preliminary approval for the Bennet Farm Preliminary Rural Land Plan for six months beyond the allowed 90 days stated in the Rural Land Use Process. Staff findings include 1. The Bennet Farm Preliminary Rural Land Plan was approved November 13, 2000, with conditions; 2. The applicant is requesting a six-month time extension to submit the Final Plat, Final Development Agreement and other required submittals; 3. The proposed project is important because it is compatible with other land conservation efforts in the area, as well as, the proposed extension of public trails planned for the area. Developing through the RLUP, rather than the other development alternatives, will provide significant benefits to Larimer County. Staff recommendation is approval of a six-month extension of the Preliminary Plan until August 11, 2002. All conditions of approval as stated in the Findings and Resolution dated November 13, 2000, continue to apply.

3. AMENDED PLAT OF PARTS OF TRACTS 39 & 40 OF HIGHLAND PLACE SUBDIVISION AND LOT 5 OF WILLIAM J. GRAY'S RE-SUBDIVISION OF PART OF LOTS 39 & 40 HIGHLAND PLACE SUBDIVISION: SOUTHEAST 1/4 OF SECTION 25, TOWNSHIP 8 NORTH, RANGE 69 WEST WITHIN THE HIGHLANDS PLACE SUBDIVISION BETWEEN GREGORY ROAD AND THE SOUTHWESTERN SHORE OF LONG POND NORTHEAST OF THE CITY OF FORT COLLINS

This is a request to relocate the lot line separating two existing lots to make the area of the two lots approximately equal. Staff recommendation is approval of the proposed Amended Plat of Parts of Tracts 39 & 40 of Highland Place and Lot 5 of William J. Gray's Re-subdivision of Part of Lots 39 & 40 Highland Place Subdivision File #00-S1882 without any conditions.

M O T I O N

Commissioner Bender moved that the Board of County Commissioners approve Glacier View Meadows 12th Filing, Lots 116 & 118 Amended Plat and Easement Vacation #01-S1888; Bennet Farm Preliminary Rural Land Plan Time Extension #00-S1645; and Highland Place Tracts 39 & 40, Lot 5 Amended Plat #01-S1882 as presented and outlined above.

Motion carried 3 - 0.

4. SHREINER ZONING VIOLATION: 4719 N. HIGHWAY 287, LAPORTE

This is an alleged violation of Section 4.1.5 of the Larimer County Land Use Code; A sawmill is not a permitted use in the O-Open Zoning District. A sawmill requires approval through Special Review. Staff findings include 1. The property is zoned O-Open; 2. The O-Open zoning district does not permit sawmills; 3. A sawmill requires Special Review approval in the O-Open zoning district; 4. No Special Review application has been submitted to the Planning Department; 5. The sawmill use continues without the benefit of county approval; 6. The continued use of the property, in violation of the Land Use Code, will affect property values in the neighborhood. Staff recommendation is to 1. Find that a violation exists; 2. Require compliance within 30 days. Compliance would require that the use cease, or that the property owners submit an application for Special Review, for a sawmill, to the Planning Department; 3. Authorize legal action if the deadline is not met. Chair Gibson noted that neither the property owner nor a representative is present and that there is no public present to comment on this item.

Commissioner Bender stated that the pictures provided show more wood than personal use could consume. Commissioner Rennels agreed and noted the "Wood for Sale" sign in the picture. Chair Gibson asked if staff knew this was a commercial use and Ms. DeLude stated that several semi trailers come and go from the site frequently.

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners find that a violation exists; Require compliance within 30 days. Compliance would require that the use cease, or that the property owners submit an application for Special Review, for a sawmill, to the Planning Department; and Authorize legal action if the deadline is not met.

Motion carried 3 - 0.

There being no further business, the hearing adjourned at 3:20 p.m.

TUESDAY, FEBRUARY 5, 2002

ADMINISTRATIVE MATTERS

(#11)

The Board of County Commissioners met with Neil Gluckman, Assistant County Manager; Chair Gibson presided and Commissioners Bender and Rennels were present. Also present were Ralph Jacobs, Director of Human Resources; Frank Lancaster, County Manager; Rob Helmick, Senior Planner; Dave Spencer, Director of Facilities; Babs Cornell, Facilities Coordinator; Mark Peterson, County Engineer; Matt Lafferty, Planner II; Chip Steiner, Fairgrounds Project Manager; George Hass, County attorney; Jeannine Haag, Assistant County Attorney; Donna Hart, Commissioner's Administrative Manager; Deni La Rue, Community Information Manager; and Jean O'Connor, Clerk to the Board.

1. PUBLIC COMMENT: Mr. Bill Thompson addressed the Board with concerns regarding the expansion of Eagle Campground and the potential for the "Timberbox Fire". Mr. Dale Leach addressed the Board with concerns regarding the occasional lack of a bid process and use of a "MAPO" process. Mr. Leach also expressed concern for a lack of "real" County representation in the Mulberry and South College Corridor Plans.

2. APPROVAL OF THE MINUTES FOR THE WEEK OF JANUARY 28, 2002:

M O T I O N

Commissioner Bender moved that the Board of County Commissioners approve the minutes for the week of January 28, 2002 as presented.

Motion carried 2 - 0. Commissioner Rennels abstained since she was not present last week.

3. APPROVAL OF THE SCHEDULE FOR THE WEEK OF FEBRUARY 11, 2002:

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners approve the schedule for the week of February 11, 2002 as presented.

Motion carried 3 - 0.

4. CONSENT AGENDA:

M O T I O N

Commissioner Bender moved that the Board of County Commissioners approve the following documents as presented on the consent agenda for February 5, 2002:

ACTION ITEMS: Approve annual certification of Larimer County Road Mileage to the Colorado Department of Transportation; Approve correction to an item approved last week for extension of FTE positions in Human Resources, should have been approved for Human Services; Approve waiving the provisions of the Larimer County Personnel Policy Manual pertaining to filling vacant positions in order to permit the Human Resources Department to place Beverly Stave in the vacant Compensation Specialist position.

PETITIONS FOR ABATEMENT: The following petitions for abatement are approved Schroeder; Smith & Payne (3 parcels).

A02-18 DEVELOPMENT AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND EVERLINE, LLC AND THE VILLAGE AT FOSSIL LAKE CONDOMINIUM ASSOCIATION FOR FOSSIL LAKE PUD 3RD FILING

D02-02 DEED OF DEDICATION OF RIGHT-OF-WAY AS A PUBLIC HIGHWAY USE BY JOHN F. AND GARY T. STEGNER

R02-26g RESOLUTION ESTABLISHING COMPENSATION FOR DISTRICT ATTORNEY APPOINTED OFFICIAL- Deputy DA Emily Titlebaum

MISCELLANEOUS: Nordgougen Minor Land Division Final Plat; Fossil Lake Planned Unit Development 3rd Filing Final Plat; Approve project completion report for Community Development Block Grant to close-out Early Head Start CDBG project; Approve Larimer County Treasurer's 6-month report; Approve operating permit application for the Larimer County Landfill; Approve Public Trustee 4th Quarter report for 2001; Approve Public Trustee Annual Report for 2001; Approve annual Community Service Block Grant application.

LIQUOR LICENSES: The following licenses were approved Glen Haven Inn- 6%- Glen Haven, CO and Lovin Oven- 6%- Loveland, CO. The following license was issued Windjammer Liquors- 6%- Loveland, CO.

Motion carried 3 - 0.

5. UPDATE AND EXPAND THE COUNTY POLICY DEALING WITH ETHICAL STANDARDS, GIFTS, CONFLICTS OF INTEREST AND USE OF COUNTY PROPERTY: Mr. Jacobs stated that the proposed policy changes rely heavily on Colorado Revised Statutes and provides a more comprehensive policy on these issues. Mr. Jacobs noted that revisions of the policy were sent to other elected official, Senior Management Team and the County Attorney. Two elected officials commented.

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners approve the addition of section 421 Ethical Standards, Gifts, Conflicts of Interest and Use of County Property to the Larimer County Personnel Policy Manual and the deletion of sections 407,409 and 412.

Motion carried 3 - 0.

6. NEW COURTHOUSE ADMINISTRATION BUILDING RESPONSE TO THE CITY OF FORT COLLINS PLANNING AND ZONING BOARD REVIEW: Mr. Helmick stated that the Fort Collins Planning and Zoning Board voted against their staff recommendation of approval for the new County Administration Building in a 4-2 vote. The reasons sited, Mr. Helmick continued were location/orientation of the new building with regards to the Civic Center Master Plan; the Mason Street façade and the Mason Street Master Plan; and lack of coordination with the City during plan development. Commissioner Rennels quickly noted that the City of Fort Collins and the Downtown Development Authority both requested the courthouse remain downtown as oppose to moving to the County site at Timberline and Prospect due to the potential loss of downtown business. Mr. Spencer stated that City staff has worked closely with County staff in design of the building and has made several suggestions for change, which were incorporated in the final design. Mr. Spencer stated that the cooperation and mutual respect between City staff and County staff has been extremely helpful in moving the project forward and the recommendation from City staff for approval was much appreciated. Commissioner Bender stated that the County has accommodated concerns from Fort Collins with compromise.

M O T I O N

Commissioner Bender moved that the Board of County Commissioners approve overruling the City of Fort Collins Planning and Zoning Board's recommendation to deny the Administrative Site Plan Review of the Larimer County Courthouse Offices Building proposed to be constructed by the County of Larimer at 200 West Oak in Fort Collins, CO.

Motion carried 3 - 0.

7. REVIEW OF FAIRGROUNDS DEVELOPMENT AGREEMENT: Mr. Steiner presented the Board with the Proposed Fairgrounds Development Agreement with the City of Loveland and requested Board approval as well as the Board authorizing the County Manager and County Attorney to negotiate which fees the County will pay to Loveland since the impacts caused by construction have not yet been determined.

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners approve the Fairgrounds Development Agreement as presented and authorize the County Manager and County Attorney to negotiate fees as outlined in Paragraph 7 of said agreement.

Motion carried 3 - 0.

** Clerk Note: No agreement was presented for signature at this time.**

  1. WORK SESSION: Mr. Lancaster stated that the Environmental Advisory Board (EAB) has responded with three recommendations regarding the County Environmental Responsibility Policy and discussed them with the Board. Consensus of the Board is to incorporate the suggestions and ask Mr. Ryan to make recommendations regarding the "staggering of terms" for members of the EAB.

Mr. Lancaster informed the Board that all County funds are required to maintain a 10% cash reserve; however, Local Improvement District funds do not meet this requirement due to the nature/ purpose of these funds.

9. COMMISSIONER REPORTS: Commissioner Rennels stated that she participated in a tele-conference with the Agriculture & Wildlife Committee. Commissioner Bender noted he also participated in the tele-conference and attended CCI meetings, which discussed several bills regarding land use and prairie dogs. Commissioner Bender also noted his attendance at the first graduation at the Workforce Center.

10. LEGAL MATTERS:

EXECUTIVE SESSION (#12)

M O T I O N

Commissioner Bender moved that the Board of County Commissioners go into executive session at 11:15 a.m. and sited 24-6-402(4)(a) and 24-6-402(4)(b) C.R.S.

Motion carried 3 - 0

Executive session ended at 11:45 a.m.; no action was taken.

___________________________

GLENN W. GIBSON, CHAIR

BOARD OF COUNTY 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.