Loveland Bike Trail
 

MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

MONDAY, APRIL 8, 2002

LAND USE HEARING

(No Audio Available)

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 Matt Lafferty, Planner II; Doug Ryan, Environmental Planner; Roxann Hayes, Civil Engineer; Jeannine Haag, Assistant County Attorney; and Jean O'Connor, Recording Clerk.

Chair Gibson stated that the following item is consent and would not be discussed unless requested by the Board or members of the audience.

1. CONDOMINIUM PLAT - IRONWOOD PLAZA: NW 1/4 OF 16-07-68; LOCATED ON THE SOUTHEAST CORNER OF DAWN AVENUE AND HIGHWAY 14.

This is a request to condominiumize the commercial structure known as Ironwood Plaza located at the southeast corner of Dawn Avenue and Highway 14. Staff findings include 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 Ironwood Plaza Condominium Association. Staff recommendation is approval of File #01-S1899 for the Condominium Map of the Ironwood Plaza.

Mr. Lafferty stated that the applicant has recently requested that the number of condominiums be increased to 8, and noted a correction in the plat name in staff finding #4.

M O T I O N

Commissioner Bender moved that the Board of County Commissioners approve the Ironwood Plaza Condominium Map as presented and amended with 8 units.

Motion carried 3 - 0.

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

LAND USE HEARING (cont.)

(#31 & 32)

The Board of County Commissioners reconvened at 7:00 p.m. with Rob Helmick, Senior Planner; Chair Gibson presided and Commissioners Bender and Rennels were present. Also present were Sarah Flick and Doug Ryan, Environmental Planners; Traci Downs, Civil Engineer; Jeannine Haag, Assistant County Attorney; and Jean O'Connor, Recording Clerk.

1. AUTUMN CREEK CONSERVATION DEVELOPMENT: NW 1/4 OF SEC. 19, TOWNSHIP 6N, RANGE 68W; LOCATED ON THE SOUTH SIDE OF CR 32, APPROXIMATELY 1.50 MILE EAST OF THE INTERSECTION OF CR 32 AND HIGHWAY 287.

This is a request for Preliminary Plat for a CD to divide a 31.5 acre parcel into 11, single-family residential lots, plus residual land. Applicant proposes to reduce residual land from 80% to 58% under the Larimer County Land Use Code provision listed in Section 5.3.6 A5. Applicant also proposes two variances to Land Use Code standards: (a) a private gated road accessing from CR 32 into the development; and (b) building envelope setback from wildlife habitat surrounding an onsite pond instead of a lot-line setback. Staff recommendation is denial of the Autumn Creek Conservation Development.

Ms. Flick stated that the Planning Commission previously denied the Autumn Creek application and that the position of staff is that the proposal does not comply with the Wildlife Development and Development Design Standards of the Land Use Code. Ms. Flick noted that the proposal could better meet the intent of "Cluster Design". Ms. Flick further stated that the applicant's request to reduce the amount of residual land also does not meet the Residual Land Design section of the Land Use Code. Planning staff, Ms. Flick continued, requests that the applicant re-designs the proposal to create contiguous residual land, protect important wildlife habitat, and create connectivity to adjacent properties.

Commissioner Rennels asked if the original submittal included the 8+ acres and Ms. Flick stated that the original review included the 8-acres but that application for preliminary plat did not.

Ms. Lucia Liley, representative for the applicant, stated that there are three points of concern for the applicant, and noted that the Land Use Code is suppose to provide for a "predictable outcome" if the rules, regulations and definitions are followed. One, Ms. Liley stated, is confusion with an adopted Planning Commission policy for which the Planning Commission has no jurisdiction. Secondly, what is taken into consideration for the calculation of developable land? And lastly, the definition of "cluster" and the treatment of residual land. Ms. Liley stated that the applicant has proposed some changes to the design since Planning Commission, but staff's opinion is that the design could still be improved. Ms. Liley stated that the proposal complies with the Land Use Code, the Master Plan as well as the Plan for the Region Between Fort Collins and Loveland. Ms. Liley further stated that staff omitted endorsements of the proposal from the City of Fort Collins Long-Range Planning and the Department of Wildlife.

Ms. Liley stated that the County Parks Department is planning on a portion of the regional trail being located just east of the applicant's boundary. However, if for some reason negotiations are not successful, the applicant is willing to work with the County Attorney regarding the trail being located on this site.

Chair Gibson expressed concern with the access to County Road 32 and Ms. Liley stated that final plat would include decel/excel lanes.

At this time the hearing was opened to the public and Mr. Bill Patterson, an adjacent property owner, stated that the presentation given to the Board this evening should have been given to the Planning Commission and noted the outcome would probably have been different. Mr. Patterson further stated that he is not aware of any revisions since the Planning Commission hearing.

Chair Gibson asked how Mr. Patterson felt about the regional trail and Mr. Patterson replied that he likes the trail but wishes horses would be allowed on it.

Mr. Alan Patterson, representative of the Patterson Pointe Homeowner's Association, stated that the association had sent the applicant a letter containing several concerns, which have not been addressed. Mr. Patterson stated the proposed density is not compatible with the area and noted that if the driveway to lot 1 were to be fenced, it would divide the residual land.

There being no further public testimony, the hearing was closed to the public and Ms. Liley stated that the concerns of the Patterson Pointe HOA have been addressed. Commissioner Rennels asked about the driveway to lot 1 and Ms. Liley stated that the lot may be fenced but the driveway would not.

Mr. Helmick stated that the Planning Commission policy deals with the "discretion of the Board" and that the Planning Commission is recommending that the Board not utilize discretion with the applicants' request to reduce the residual land or the buffer around the pond on lot 1. Mr. Helmick noted that staff believes other design options are available to the applicant to better meet the intent of "clustering".

Commissioner Rennels recalled discussions with the Planning Commission regarding the policy and stated that the policy is a good guideline and noted the Planning Commission minutes offer no real explanation/reason of denial. Mr. Patterson, Commissioner Rennels continued, is correct in that it seems two different proposals have been presented to the Planning Commission and the Board. Commissioner Rennels suggested the applicant return to the Planning Commission and the same presentation be presented.

Commissioner Bender stated the same concern regarding information that was presented to the Planning Commission. The minutes of the Planning Commission hearing, Commissioner Bender continued, do not explain issues or concerns of the members and the reasons for denial.

Ms. Liley stated that the applicant is willing to go before the Planning Commission again and then back before this Board in 42-days.

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners remand the custody of Autumn Creek Conservation Development back to the Planning Commission to be presented on May 15, 2002 and be scheduled for another hearing before this Board on May 20, 2002 at 6:30 p.m.

Motion carried 3 - 0.

There being no further business, the hearing adjourned at 8:50 p.m.

TUESDAY, APRIL 9, 2002

ADMINISTRATIVE MATTERS

(#33)

The Board of County Commissioners met with Frank Lancaster, County Manager; Chair Gibson presided and Commissioners Bender and Rennels were present. Also present were Marc Engemoen, Public Works Director; Jay Hardy, Fairgrounds and Events Complex Manager; Ralph Jacobs, Human Resources Director; Chip Steiner, Fairgrounds Fundraising Coordinator; Deni La Rue, Community Information Manager; and Jean M. O'Connor, Clerk to the Board.

  1. PUBLIC COMMENT: None
  2. APPROVAL OF THE MINUTES FOR THE WEEK OF APRIL 1, 2002:

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners approve the minutes for the week of April 1, 2002 as presented.

Motion carried 3 - 0.

3. APPROVAL OF THE SCHEDULE FOR THE WEEK OF APRIL 15, 2002:

M O T I O N

Commissioner Bender moved that the Board of County Commissioners approve the schedule for the week of April 15, 2002 as presented.

Motion carried 3 - 0.

4. CONSENT AGENDA:

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners approve the following items as presented on the consent agenda:

PETITIONS OF ABATEMENT: As recommended by the County Assessor, the following petitions are approved Abrams; Campeau; Daniels; Driver; Earle; Emery; Ewan; Fangman; Fisch; Gaudet; Hagebeck; Hansen; Honeywell; Hughes; Hunter; Noe; Rosgen LLC; Schaefer; Schuetz; Smith; Smith; Steinke; Taggart; Underhill (3); Viegut; Walkowicz; Walters; Whittlesey; and WJM, Inc.

R02-56g RESOLUTION APPOINTING JAY HARDY AS THE LARIMER COUNTY FAIRGROUNDS DIRECTOR

R02-57g RESOLUTION TO ESTABLISH POLLING PLACES

MISCELLANEOUS: Amended Plat of Tract 1 Sinclair Exemption and Tract 2 Anderson Exemption; Yelek Exemption Amended Plat; and approval of an Impact Grant Application for the Division of Wildlife.

LIQUOR LICENSES: The following licenses are approved Fort Namaqua Wine & Sprits- Retail-Loveland, CO; Sandy's Convenience Store- 3.2%- Fort Collins, CO; The Baldpate Inn- Hotel & Restaurant- Estes Park, CO; Rustic Liquors- Retail- Bellvue, CO; and Red Feather Café & Bar- Manager Registration- Red Feather Lakes, CO.

Motion carried 3 - 0.

5. INTRODUCTION OF NEW FAIRGROUNDS MANAGER: Mr. Engemoen formally introduced Mr. Jay Hardy as the new Fairgrounds Manager.

6. UPDATE ON FAIRGROUNDS AND EVENTS COMPLEX: Mr. Steiner requested that the official name for the new Fairgrounds be "Larimer County Fairgrounds and Events Complex"; and the Board concurred. Mr. Steiner stated that he is currently finalizing all pending agreements regarding the complex and that the bonds may go to market later this week. To date, Mr. Steiner noted that approximately 8-million dollars in sponsorship and funding has been received for the complex.

7. AGREEMENT AND RESTATEMENT FOR THE OFFICE OF EMERGENCY MANAGEMENT: Mr. Lancaster noted that the agreement is being updated for the manager of Emergency Management, a position appointed by the Sheriff and requested Board approval.

M O T I O N

Commissioner Bender moved that the Board of County Commissioners approve an agreement with the Sheriff for restatement of the functions for the Office of Emergency Management.

Motion carried 3 - 0.

A02-48 AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE SHERIFF FOR THE FUNCTIONING OF THE OFFICE OF EMERGENCY MANAGEMENT

8. WORK SESSION: Mr. Lancaster noted that a joint meeting with the Loveland City Council, the Thompson Valley School District and the Board is being set for Saturday, June 8, 2002 to discuss coordination of taxes.

9. COMMISSIONER REPORTS: Commissioner Bender noted his attendance at a 3-day symposium regarding State Courts Security Systems. Commissioner Rennels attended a work session regarding Wagner Pfyser facilitation, a funding source for the Workforce Center. Commissioner Rennels also attended a citizen meeting in Windsor and CCI. Chair Gibson noted his attendance at the North Front Range Transportation and Air Quality Planning Council meeting; CCI; and a Berthoud citizen meeting.

10. EXECUTIVE SESSION

M O T I O N

Commissioner Bender moved that the Board of County Commissioners go into executive session at 10:05 a.m. and sited 24-6-402(4)(f).

Motion carried 3 - 0.

Executive session ended at 10:20 a.m.; the following action was taken.

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners authorize Steve Gillette to grant a one-year leave of absence without pay to Erin Henggeler with terms and conditions as deemed appropriate for the circumstances.

Motion carried 3 - 0.

  1. LEGAL MATTERS: None

There being no further business, the meeting adjourned at 10:20 a.m.

THURSDAY, APRIL 11, 2002

GALAXY TELECOM FRANCHISE RENEWAL HEARING

(#C1)

The Board of County Commissioners met with Frank Lancaster, County Manager; Chair Gibson presided and Commissioners Bender and Rennels were present. Also present were Jeannine Haag, Assistant County Attorney; Andy Paratore, Chief Information Officer; Tom Duchene via telephone, Attorney for Larimer County; Rhonda Ross, Information Management; and Jean O'Connor, Recording Clerk.

Mr. Paratore provided a brief summary of the Galaxy service area to the Board and stated that no fees have been paid to the County since January of 2001. Mr. Paratore stated that repeated complaints include poor reception, cable outages, and cable lines that are not buried. Mr. Paratore noted for the record that a log of citizen complaints was distributed to the Board earlier in the week.

Mr. Westin Quick, State Manager for Galaxy, stated that the reason Galaxy has been slow to respond to the County was due to Chapter 11 filing; however they are out of that now and doing fairly well. Mr. Quick stated that Galaxy had sent the County a FAX addressing some issues raised and requested the County renew the franchise license for a minimum of 10-years.

Mr. Duchene stated that he was in receipt of said FAX and noted that the correspondence ignored several questions raised by the County regarding default of the current agreement. Mr. Westin offered to answer the questions previously submitted to Galaxy by the County for the record. In summary, Mr. Westin stated that the new Galaxy Company could not and/or would not comply with the current agreement with Larimer County and asked to be relieved from many commitments since the company is small and the customer base is very minimal.

Mr. Ken Keeler, Galaxy customer, stated that he could not remember a time in the past 12-years when he received good service. At one point, Mr. Keeler continued, a service technician told him that the system is just too old and broken to be fixed and all that could be done would be to place "Band-Aids" on the problem. Mr. Keeler asked why the County would grant another 10-years of service if the system were to remain status quo.

Ms. Collen Gray agreed with Mr. Keeler and noted very poor service from the "Customer Service" 800-number. Static, snow, and varying volumes continue to be a problem with the reception.

Mr. Quick rebutted stating that the service technician must prioritize calls and services areas such as Golden, Lyons, and Larimer County to name a few. The issues raised this evening, Mr. Quick continued will be addressed with a service call at the conclusion of this hearing.

Commissioner Rennels referred to and summarized complaints received by the Board via telephone, mail and/or email. Commissioner Rennels also requested the letter sent to Galaxy, and addressed by Mr. Quick, be entered into the record.

Mr. Duchene stated that this hearing is part of the continuing "official" renewal process and sited several regulations and further noted that contractual negotiations, although ongoing, are part of the "informal process".

Commissioner Rennels asked what the next steps are and Ms. Haag stated that the County would continue to gather information.

There being no further discussion, the hearing adjourned at 8:05 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: Loveland Bike Trail by Sharon Veit. All rights reserved.