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MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

MONDAY, APRIL 1, 2002

LAND USE HEARING

(#28)

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 Jeannine Haag, Assistant County Attorney; Matt Lafferty and David Karin, Planners II; Sarah Flick and Doug Ryan, Environmental Planners; and Jean O'Connor, Recording Clerk.

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

1. CLYDESDALE PARK PUD 1ST FILING - UTILITY AND DRAINAGE EASEMENT VACATION: NE 1/4 OF 15-07-68; LOCATED ON THE SOUTH SIDE OF HIGHWAY 14, APPROXIMATELY 1/2 MILE EAST OF I-25.

This is a request to vacate the Utility and Drainage easements between lots 1 - 33 in the Clydesdale Park PUD 1st Filing. Staff recommendation is approval of the applicants request to vacate and/or reduce the utility and drainage easements affecting lots 1 - 33 of the Clydesdale Park PUD 1st Filing (file # 02-S1920) as outlined in the attached documentation from the applicant.

2. RED RIDGE MINOR LAND DIVISION: PORTIONS OF SECTIONS 1, 2, 11, 12 OF TOWNSHIP 5N, RANGE 70W; NORTH OF COUNTY ROAD 34 AND WEST OF COUNTY ROAD 27.

This is a request for approval of a Minor Land Division to create 4 lots from a 145-acre parcel. Two lots will be included in a Conservation Easement with one 6-acre buildable lot and the other, 130.15-acre lot being held for agricultural use. The use of the other two lots (one 3.30 acres and the other 6.45 acres in area) is anticipated to be residential. Staff recommendation is approval with the following conditions 1. Prior to recording the plat, the existing and any dedicated rights-of-way necessary to satisfy requirements of County Road 27 as a Minor Collector (see Section 9.7 of the LCLUC) for a 100-foot right-of-way (50-foot half right-of-way) will be recorded on the plat; 2. The technical corrections identified in the February 20, 2002 memo by the County Engineering final plat survey reviewer will be made; 3. Lots 3 and 4 will be subject to all the respective provisions and limitations of the conservation easement contract with Larimer County Open Lands Department; 4. The conservation easement contract will specify allowed uses and provide measures for implementing best management practices on Lot 4.

M O T I O N

Commissioner Bender moved that the Board of County Commissioners approve the Clydesdale Park Planned Unit Development 1st Filing Amended Plat/ Easement Vacation and the Red Ridge Minor Land Division as presented and outlined above.

Motion carried 3 - 0.

3. MARTENS CONSERVATION DEVELOPMENT APPEAL: SW 1/4 OF SECTION 15, TOWNSHIP 4N, RANGE 70W. LOCATED ALONG WEST SIDE OF N. COUNTY ROAD 31, APPROXIMATELY 1/4 MILE OF THE SOUTHERN TIP OF CARTER LAKE RESERVOIR.

The applicant is requesting an appeal to Section 5.3 (Conservation Development) subsection 5.3.2A, to allow a parcel of land that is greater than 30 acres (34.54 acres) to proceed through the development review process as a Subdivision, rather than as a Conservation Development. Staff recommendation is approval of the Martens Conservation Development Appeal, file #02-G0033, to Section 5.3 (Conservation Development) subsection 5.3.1, of the Larimer County Land Use Code, by allowing the approximately 34.5 acre parcel, located on the east side of North County Road 31approximately 1/4 mile south of Carter Lake, to be submitted as Subdivision as defined in Section 5.1 of the Larimer County Land Use Code.

Ms. Flick briefed the Board regarding the appeal noting that there is no agricultural benefit to this site. The applicant declined to comment. Chair Gibson noted that no public was present to comment on this item.

Commissioner Rennels stated that the circumstance of this parcel is why exceptions exist in the Land Use Code; Commissioner Bender agreed.

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners approve the Martens Conservation Development Appeal as presented and outlined above.

Motion carried 3 - 0.

There being no further business, the hearing was adjourned at 3:15 p.m.

TUESDAY, APRIL 2, 2002

ADMINISTRATIVE MATTERS

(#28 & 29)

The Board of County Commissioners met with Frank Lancaster, County Manager; Chair Gibson presided and Commissioners Bender and Rennels were present. Also present were Donna Hart, Commissioner's Administrative Manager; Deni La Rue, Community Information Manager; Neil Gluckman, Assistant County Manager; Tom Garton; Chief Building Official; Captain Bill Nelson and Tac McClerry, Sheriff's Department; Dave Spencer, Director of Facilities; Kevin Gibbs, Contractor Consultant; George Hass, County Attorney; and Jean M. O'Connor, Clerk to the Board.

1. PUBLIC COMMENT: Mr. Bill Hughes and Ms. Diane Noel appeared before the Board to request relief from building permit fees resulting from the Bobcat Fire.

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners approve waiving the transportation fees as well as building permit fees for the property located on Storm Mountain in the name of Diane Noel.

Motion carried 3 - 0.

  1. APPROVAL OF THE MINUTES FOR THE WEEK OF MARCH 25, 2002:

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners approve the minutes for the week of March 25, 2002 as presented.

Motion carried 3 - 0.

3. APPROVAL OF THE SCHEDULE FOR THE WEEK OF APRIL 8, 2002:

M O T I O N

Commissioner Bender moved that the Board of County Commissioners approve the schedule for the week of April 8, 2002 as presented.

Motion carried 3 - 0.

4. CONSENT AGENDA:

M O T I O N

Commissioner Rennels moved that the following items be approved as published on the consent agenda for April 2, 2002:

PETITIONS FOR ABATEMENT: Arns; Aztec Plumbing and Heating (2); Babbitt; Bloom; Borman; Corey; Cote; Cox; Diamond; Etchepare, LLC (2); Everitt Ent; First Longview, Ltd.; Fry; Geis; Grauberger; Hansen; Henry; Hood; Ishii; Johnson; Jolliff; Kaltenberger; Lawrence; Madsen (2); Mahoney; McCue; Muniz (2); Niewold; Norris; Olhausem (2); Omni Construction; and Pippin.

A02-37 AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND REX W. AND REGINA SUE BIVENS FOR ROAD IMPROVEMENTS ON COUNTY ROAD 64

A02-38 AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND BRAD N. ARNOLD FOR ROAD IMPROVEMENTS ON COUNTY ROAD 64

A02-39 AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND SANDRA L AND STEVEN H. TURK FOR ROAD IMPROVEMENTS ON COUNTY ROAD 64

A02-40 AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND CLIFTON O. DAVISON FOR ROAD IMPROVEMENTS ON COUNTY ROAD 64

A02-41 AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND JOHN S. AND SUSAN R. BLAKNEY FOR ROAD IMPROVEMENTS ON COUNTY ROAD 64

A02-42 AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND KURT EDWARD AND NANCY ZIMMERMAN FOR ROAD IMPROVEMENTS ON COUNTY ROAD 64

A02-43 AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND A. ANN ROWE FOR ROAD IMPROVEMENTS ON COUNTY ROAD 64

A02-44 AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND MARLIN DEAN AND PATRICIA A. ELKINS FOR ROAD IMPROVEMENTS ON COUNTY ROAD 64

A02-45 AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THOMAS S. AND CONSTANCE B. McCHESNEY FOR ROAD IMPROVEMENTS ON COUNTY ROAD 64

A02-46 AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND CHRIS H. AND VICKI K. LEMBCKE FOR ROAD IMPROVEMENTS ON COUNTY ROAD 64

C02-10 CONTRACT CHANGE ORDER LETTER BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE DEPARTMENT OF PUBLIC SAFETY, DIVISION OF CRIMINAL JUSTICE

D02-03 DEED OF DEDICATION OF RIGHT-OF-WAY OF PROPERTY AS A PUBLIC HIGHWAY USE BY MARLIN DEAN AND PATRICIA A. ELKINS

D02-04 DEED OF DEDICATION OF RIGHT-OF-WAY OF PROPERTY AS A PUBLIC HIGHWAY USE BY THOMAS S. AND CONSTANCE B. McCHESNEY

D02-05 DEED OF DEDICATION OF RIGHT-OF-WAY OF PROPERTY AS A PUBLIC HIGHWAY USE BY CHRIS H. AND VICKI K. LEMBCKE

D02-06 DEED OF DEDICATION OF RIGHT-OF-WAY OF PROPERTY AS A PUBLIC HIGHWAY USE BY A. ANN ROWE

R02-55z RESOLUTION TO CORRECT FINDINGS AND RESOLUTION FOR MYER REZONING

MISCELLANEOUS: Amended Plat of lots 71-74 of the Replat of Marianna Park Subdivision.

Motion carried 3 - 0.

5. DISCUSSION OF TIMNATH LAW ENFORCEMENT AGREEMENT: Captain Nelson stated that the proposed contract has been ongoing for years. Mr. McClerry noted that the contract is for 15-hours of patrol per month with an emphasis on traffic enforcement, especially in school zones and on County Road 5 for "port runners". Captain Nelson noted the contract may change with the pending annexations into the Town of Timnath, however Larimer County is required to provide service. Captain Nelson further noted that the funds generated from the contract have been used for the purchase of items such as breathalyzers, radar guns, and training equipment, etc. Commissioner Bender expressed his preference to apply the funds towards deputy wages not equipment.

M O T I O N

Commissioner Bender moved that the Board of County Commissioners approve the agreement between the Board on behalf of the Sheriff and the Town of Timnath.

Motion carried 3 - 0.

A02-47 AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS ON BEHALF OF THE SHERIFF AND THE TOWN OF TIMNATH FOR LAW ENFORCEMENT

6. DISCUSSION OF SIGNAGE DESIGN AT NEW FAIRGROUNDS AND EVENT CENTER COMPLEX: Mr. Spencer stated that the time has arrived to organize a "Signage Package" for presentation to the City of Loveland and that the package would include both interior and exterior signs. Mr. Spencer requested approval to extend the current contract with BHA Design, Inc. for this package.

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners approve hiring BHA Design, Inc. for a signage package at the new Fairgrounds.

Motion carried 3 - 0.

7. WORK SESSION: Mr. Lancaster referred to a letter received from the City of Fort Collins regarding non-smoking laws, which asks if the Board has considered such measures for unincorporated Larimer County. Commissioner Bender stated that he prefers choices of smoking and non-smoking establishments and noted that smokers also have rights. Commissioner Rennels stated that there are not many establishments in unincorporated Larimer County that smokers would drive to and patron just because they could smoke in the establishment. Citizens, Commissioner Rennels continued currently have the choice to patronage a smoking establishment. Commissioner Bender stated that he would like to review what the City is proposing before further discussion.

Mr. Gluckman provided and discussed a draft "Larimer County Citizen Telephone Survey." Much discussion ensued regarding the wording of some questions and the necessity of others.

8. COMMISSIONER REPORTS: Commissioner Bender stated that he toured the Holcin Plant; attended the I-25 Summit; a citizen meeting at Vern's; and drove County Road 44H and County Road 27 to follow-up on a complaint regarding the condition of the road. Chair Gibson also attended a tour of the Holcin Plant; attended the Valerie Chamberlin memorial service on behalf of the Board; and visited the fire areas of the County. Commissioner Rennels noted her attendance at the I-25 Summit; a Fair Board meeting; and a work session with the Planning Commission.

9. LEGAL MATTERS: Mr. Lancaster inquired about the County's responsibility to provide law enforcement to an area that has incorporated; Mr. Hass stated that he was unsure and would contact the District Attorney.

EXECUTIVE SESSION (#29)

M O T I O N

Commissioner Bender moved that the Board of County Commissioners go into executive session at 10:40 a.m. and sited 24-6-402 (4)(b) and 24-6-402(4)(e).

Motion carried 3 - 0.

Executive session ended at 11:30 a.m.; no action was taken.

There being no further business, the meeting was adjourned.

TUESDAY, APRIL 2, 2002

LIQUOR LICENSE HEARING

GLEN ECHO RESORT, LLC

(#30)

The Board of County Commissioners met at 2:00 p.m. with Linda Connors, Assistant County Attorney; Chair Gibson presided and Commissioners Bender and Rennels were present. Also present were Jean O'Connor, Recording Clerk and Lloyd and Gail Rowe, the applicants.

Chair Gibson stated that the reason for this hearing is to hear testimony regarding the request of Glen Echo Resort, LLC for a retail liquor license.

Ms. Connors swore the Rowe's in and registered 2 pictures of the posted hearing sign as Exhibit 1 and the signed petition as Exhibit 2. Ms. Connors asked if Mr. Rowe understood the liquor laws for the State of Colorado and Mr. Rowe replied in the affirmative. When asked about training in the service of alcohol, Mr. Rowe stated that he had not had training but would if required. Commissioner Rennels asked if any area residents had refused to sign the petition, and Mr. Rowe said no.

Chair Gibson noted that there is no public present to comment on the application.

M O T I O N

Commissioner Bender moved that the Board of County Commissioners approve a retail liquor license application for the Glen Echo Resort, LLC and authorize the chair to sign the same.

Motion carried 3 - 0.

There being no further business, the hearing adjourned at 2:15 p.m.

___________________________________

GLENN W. GIBSON, 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: Rocky Mountain National Park by Sue Burke. All rights reserved.