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MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

Monday, September 16, 2002

LAND USE HEARING

(#94)

The Board of County Commissioners met with Rob Helmick, Senior Planner; Chair Gibson presided and Commissioners Bender and Rennels were present. Also present were Sean Wheeler, Karin Knauf, and Sarah Flick, Planning Department; Roxann Hayes and Ed Woodward, Engineering Department; Dave Shirk, Estes Valley Planning; Doug Ryan, Health Department; Jeannine Haag, Assistant County Attorney; and Jean O'Connor, Recording Clerk.

Chair Gibson stated that the following items are consent and would not be discussed unless requested by the Board or members of the audience. Chair Gibson also stated that item #1- Rockmount Cottages Boundary Line Adjustment has been tabled to October 21, 2002.

2. CARRIAGE HILLS 3RD FILING AMENDED PLAT: THE SITE IS LOCATED AT 2410 SPRUCE AVENUE

This is an application for an amended plat to combine three existing lots of record into a single lot of record. Staff recommendation is approval with the following conditions 1. The site is located at 2410 Spruce Avenue, within the unincorporated Estes Valley; 2. This proposal complies with all applicable regulations set forth in the Estes Valley Development Code; 3. This request has been submitted to all applicable reviewing agency staff for consideration and comment. No significant issues or concerns were expressed by reviewing staff relative to code compliance or the provision of public service.

3. CARRIAGE HILLS 4TH FILING AMENDED PLAT: THE SITE IS LOCATED AT 2616 SUNRISE COURT

This is a request for an amended plat to combine two existing lots of record into a single lot of record. Staff recommendation is approval with the following conditions 1. The site is located at 2616 Sunrise Court, within the unincorporated Estes Valley; 2. This proposal complies with all applicable regulations set forth in the Estes Valley Development Code; 3. This request has been submitted to all applicable reviewing agency staff for consideration and comment. No significant issues or concerns were expressed by reviewing staff relative to code compliance or the provision of public service.

4. HARRISON FLOOD PLAIN SPECIAL REVIEW: SOUTHWEST 1/4 OF SECTION 2, TOWNSHIP 6 NORTH, RANGE 68 WEST

This is a request to approve the FPSR based on the Flood Review Board's recommendation for approval with conditions. Staff recommendation is approval of the Flood Plain Special Review for a private access bridge over the Poudre River on private property with the following conditions 1. That the bridge be a permanently anchored structure; 2. That a deed restriction be placed with the property restricting the use of the bridge to agricultural, recreational and private use only; 3. That a set of final plans be submitted to the Larimer County Engineering Department for review and approval before construction begins.

5. AMENDED PLAT OF TERRY DEATON MRD, LOT 4, AND EASEMENT VACATION: SE 1/4 OF SECTION 5, TOWNSHIP 8N, RANGE 68W; ALONG WEST SIDE OF HIGHWAY 1

This is a request to alter the property boundary so that a portion of an irrigation ditch will be included on Lot 4 of Terry Deaton MRD. Also, vacate a 20' utility easement on Lot 4. Staff recommendation is approval of the Amended Plat of Terry Deaton MRD, Lot 4, and Easement Vacation, file #02-1985.

6. AMENDED PLAT OF GLACIER VIEW MEADOWS 4TH FILING, LOTS 68A, 69A, & 70A, OF THE AMENDED PLAT OF LOTS 68, 69, 70, 71, AND 72, PLUS EASEMENT VACATION: NE 1/4 OF SECTION 23, TOWNSHIP 9N, RANGE 72W; RED FEATHER LAKES REGION

This is a request to combine three lots into one lot and vacate the 10' utility easements that extend along the vacated lot lines. Staff recommendation is approval of the Amended Plat of Glacier View Meadows 4th Filing, Lots 68A, 69A, & 70A, of the Amended Plat of Lots 68, 69, 70, 71, and 72, plus Easement Vacation.

7. COLORADO PINES SPECIAL REVIEW: SOUTHEAST 1/4 OF SECTION 11, TOWNSHIP 4N, RANGE 72W; LOCATED ON THE NORTH SIDE OF HIGHWAY 36

This is a request for a Special Review for a commercial 5-unit Lodge with a 24' x 24' storage garage. Staff recommendation is approval with the following conditions 1. Operation of the Colorado Pines Lodge Special Review shall be as specified in the representations of the applicant and in the information contained in file #02-Z1431 unless modified by conditions of approval; 2. Occupancy of the lodge shall be limited to total occupancy (owners + guests) of 10 people at any one time, until and unless the existing septic system is enlarged to meet the proposed maximum occupancy of 18 people. Upon completion of an enlarged septic system, the maximum total occupancy of the lodge shall be limited to 18 people at any one time; 3. Prior to guest occupancy of the lodge, the applicant shall provide evidence to the Larimer County Planning Department demonstrating that the applicant has provided a rural water supply, designed to provide water for fire fighting purposes, that meets the requirements of Section 8.1.4.B.2 and Section 8.1.4.C. (if applicable) and is acceptable to the Estes Park Volunteer Fire Department and/or Larimer County Emergency Services; 4. Prior to guest occupancy of the lodge, the applicant shall obtain a final inspection from the Wildfire Safety Program to verify completion of the County approved plan for defensible space; 5. Garbage containers to serve the proposed use shall be "bear proof" as recommended by the Department of Wildlife in their letter from Rick Spowart, dated April 3, 2002.

8. IRIS HILL CONSERVATION DEVELOPMENT REQUEST TO RELEASE THE LETTER OF CREDIT / AMENDMENT TO THE DEVELOPMENT AGREEMENT: 35-09-68: APPROXIMATELY 1 MILE EAST OF INTERSTATE 25, ON THE NORTH SIDE OF COUNTY ROAD #62

This is a request for approval to release the Letter of Credit for the Iris Hill Conservation Development improvements. Also, a Staff Request to amend the Development Agreement provisions related to warrantee collateral. Staff recommendation is to release the funds as described in the Letter of Credit provided for the Iris Hill Conservation Development in the staff file and to approve the proposed amendment to the Development Agreement for the Iris Hill Conservation Development.

9. HAYES CONSERVATION DEVELOPMENT PRELIMINARY PLAT: 21-08-68: ONE MILE NORTH OF THE BUDWEISER PLANT, WEST OF I-25 ON THE NORTH SIDE OF COUNTY ROAD #54

This is a request to divide 36 acres into a Conservation Development consisting of two residential lots and one residual lot. Staff recommendation is approval with the following conditions 1. The Final Plat of the Hayes Conservation Development shall be consistent with the information contained in the file, #01-S1791 or as modified by conditions of approval; 2. The following fees shall be collected at building permit for new single family dwellings: Poudre School District fees in lieu of dedication, Larimer County Capital Transportation Expansion fee and the Larimer County Park Fee in lieu of dedication. The fee amount that is current at the time building permit application shall apply. Prior to construction, the applicant must also contact the County Engineering Department and obtain a Development Construction Permit; 3. The applicant shall sign a Final Development Agreement and Disclosure Notice for approval by the County to be recorded with the Final Plat. This notice will provide information to all lot owners of the conditions of approval and special costs or fees associated with the approval of this project. The notice shall include, but is not limited to; the issues related to rural development, the need for engineered footings and foundations, the need for passive radon mitigation, the existence of the soccer club adjacent to the site, and other issues raised in the review and or related to compliance with the Larimer County Land Use Code; 4. At Final Plat, the applicant's engineer shall provide the additional information required in the County Engineering Departments report dated July 10, 2002; 5. The Final Plat must show an access easement to the residual land, or one of the two lots must be combined with the residual land and become a building envelope.

M O T I O N

Commissioner Bender moved that the Board of County Commissioners approve the consent agenda as presented and outlined above.

Motion carried 3 - 0.

A02-152 FIRST AMENDMENT TO THE DEVELOPMENT AGREEMENT FOR IRIS HILL CONSERVATION DEVELOPMENT

Mr. Shirk noted that at a previous Land Use Hearing, the Board tabled action on the Estes Valley Development Code specifically to this date. However, Mr. Shirk continued, the Estes Planning Commission has not taken action on that item at this time, so staff has removed it from today's agenda and will readvertise when ready to schedule a hearing.

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

TUESDAY, SEPTEMBER 17, 2002

ADMINISTRATIVE MATTERS

(#94)

The Board of County Commissioners met with Neil Gluckman, Assistant County Manager; Chair Pro Tem Bender presided and Commissioner Rennels was present. Also present were Ralph Jacobs and Pam Stultz, Human Resources; Captain Bill Nelson and Sgt. Don Griffith, Sheriff's Department; Andy Paratore, Information Management Services; Dave Spencer, Facilities; George Hass, County Attorney; K-Lynn Cameron, Parks and Open Space; Jerry White, Engineering; and Jean O'Connor, Clerk to the Board.

  1. PUBLIC COMMENT: None

2. APPROVAL OF THE MINUTES FOR THE WEEK OF SEPTEMBER 9, 2002:

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners approve the minutes for the week of September 9, 2002 with noted spelling corrections.

Motion carried 2 - 0.

3. REVIEW OF THE SCHEDULE FOR THE WEEK OF SEPTEMBER 23, 2002: The Board reviewed and commented on the schedule.

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 with the exception of the miscellaneous item T Mobile/ Prospect Mountain Rezone Exhibit pending explanation from staff:

A02-153 FIRST AMENDMENT TO THE DEVELOPMENT AGREEMENT FOR RAINBOW LAKE ESTATES CONSERVATION DEVELOPMENT

A02-154 MEMORANDUM OF UNDERSTANDING REGARDING THE IMPLEMENTATIONS, PERIODIC REVIEW AND UPDATE OF THE NORTHERN COLORADO REGIONAL COMMUNITIES 1-25 CORRIDOR PLAN

A02-155 PURCHASE OF SERVICE AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND STUART VANMEVEREN, DISTRICT ATTORNEY FOR THE USE AND BENEFIT OF THE LARIMER COUNTY HUMAN SERVICES DEPARTMENT

A02-156 COOPERATIVE REIMBURSEMENT AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE STATE OF COLORADO, DEPARTMENT OF HUMAN SERVICES FOR THE FOOD STAMP PROGRAM

R02-190 FINDINGS AND RESOLUTION APPROVING THE MARTENS SUBDIVISION AT CARTER LAKE

R02-191 FINDINGS AND RESOLUTION APPROVING THE BEE PRELIMINARY RURAL LAND PLAN

LIQUOR LICENSES: The following licenses were approved Charco Broiler- H&R- Fort Collins, CO; The Canyon Grill- H&R- Fort Collins, CO; Castillion's Lounge- H&R- Fort Collins, CO; Horsetooth Liquor- Retail- Fort Collins, CO; and Beaver Inn- H&R- Red Feather Lakes, CO. The following license was issued Alpine Funtier- Tavern- Fort Collins, CO.

Motion carried 2 - 0.

5. DISCUSSION OF DONATED SICK LEAVE POLICY: Mr. Jacobs reviewed proposed changes to this policy and noted that the revision includes a more stringent standard, which is "..illness in question to be life threatening in nature.." either for the employee, spouse or dependant relative. Along with this proposed change, Mr. Jacobs continued, staff is proposing the wait period for Long Term Disability (LTD) be decreased for 180-days to 90-days and Sun Life has accepted with no change in the premiums.

Mr. Gluckman stated that Senior Management Team is in favor of the proposed changes in that it will encourage employees to save their sick leave "for a rainy day" and will discourage abuse of the policy, which is becoming the norm.

Commissioner Rennels asked if there were exceptions to the policy and Mr. Jacobs stated that an employee could always request a waiver of the standards to the County Manager.

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners directs that in using the authority delegated to the County Manager to approve sick leave donation waivers, the County Manager should use the criteria described in the memo concerning donated sick leave dated September 17, 2002 addressed to the Elected Officials, Division Heads & Department Directors. The Board directs the Human Resources Director to accept the offer from Sun Life of Canada, which reduces the waiting period from 180-days to 90-days. Both the revised sick leave donation criteria and the 90-day waiting period for LTD will be effective January 1, 2003. Employees who have already been approved for sick leave donations under the current standard for 2002 may continue to receive and use sick leave donations under that standard after January 2, 2003 for the medical situation for which the sick leave waiver was approved.

Motion carried 2 - 0. No policy was presented at this time.

6. DISCUSSION OF THE PROPOSAL TO REMOVE ALL 911 CALL BOXES BY LARIMER EMERGENCY TELEPHONE AUTHORITY (LETA): Capt. Nelson noted that the Sheriff is not in favor of removing the call boxes, especially in the rural areas of the County. Technology, such as cell phones, Capt. Nelson continued, might allow for a reduction of the boxes in the incorporated areas of the County, but not rural areas that don't receive cell services. Mr. Paratore noted that LETA has reviewed the call boxes annually and that their position is that if the municipalities want to continue the boxes they can but LETA will not provide funding for maintenance. Captain Nelson stated that currently, all the call boxes run through a central computer system for maintenance and that if each Fire District or municipality took over their own boxes, each would be required to purchase the hardware and software. Commissioner Rennels suggested additional information be provided such as which boxes are not really necessary and which should stay. Commissioner Rennels asked if the LETA Technical Board is willing to negotiate further and Mr. Paratore replied that he did not know what their decision was based on.

Consensus of the Board is to send a letter to the LETA Authority noting that additional information is necessary before the Board could make any recommendations.

7. PUBLIC MEETING ON DEPARTMENT OF JUSTICE GRANT: Captain Nelson stated that the Sheriff's Department would be applying for a Law Enforcement Block Grant for $36,134 through the Department of Justice and as a qualifier, must hold a public meeting for comments. The grant funds, Captain Nelson continued, would be used for communication and photographic equipment. Consensus of the Board is that they support the grant submittal.

8. DISCUSSION OF THE COUNTY FIRE BAN: Captain Nelson reviewed the status of fire bans throughout the State and noted that future weather patterns seem to support reducing the current ban down a step. Sgt. Griffith stated that the Forest Service would also be reviewing their ban this week and indications are that they also would reduce their ban. Captain Nelson stated that the Sheriff is willing to reduce the ban effective today or wait until October 1, 2002 when the current ban expires.

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners approve a resolution effective noon September 17, 2002 to reduce the County Fire Ban and allow contained fires within a campground, which will expire on October 17, 2002 and could be reviewed and altered on or before that date.

Motion carried 2 - 0.

R02-192 RESOLUTION DECLARING A FIRE BAN IN LARIMER COUNTY

9. WORK SESSION: Mr. Gluckman stated that several complaints have been received from Johnstown residents regarding noise from helicopter rides from the Outdoor Market. Chair Pro Tem Bender stated that the Environmental Advisory Board (EAB) is in support of an environmental assessment at Rocky Mountain National Park for more management as identified in alternative B by park officials.

10. COMMISSIONER REPORTS: The Board noted their attendance at events the past week.

Mr. Helmick informed the Board that the miscellaneous item on the consent agenda was heard before the Board on July 15, 2002 under the name Voicestream Wireless Antenna, and that the applicant had changed the name.

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners approve the T Mobile/Prospect Mountain Rezone Exhibit as presented on the consent agenda.

Motion carried 2 - 0.

11. LEGAL MATTERS: Mr. Hass presented and requested approval of an agreement and exhibit between the County and the Neenan Company for the new fairground project.

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners approve the agreement and exhibit for construction management and general contractor services between the County and the Neenan Company for the Fairground and Events Complex project.

Motion carried 2 - 0.

A02-157 AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE NEENAN COMPANY LLLP, CONSTRUCTION MANAGER/GENERAL CONTRACTOR FOR THE NEW COUNTY FAIRGROUNDS AND EVENTS COMPLEX PROJECT

EXECUTIVE SESSION (#95)

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners go into executive session at 11:00 a.m. and cited 24-6-402(4)(a) C.R.S.

Motion carried 2 - 0.

Executive session ended at 11:10 a.m.; no action was taken.

________________________________

TOM BENDER, CHAIR PRO TEM

COUNTY 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.