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MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

Monday, December 8, 2003

LAND USE HEARING

(#211)

The Board of County Commissioners met with Rob Helmick, Senior Planner; Chair Bender presided and Commissioners Gibson and Rennels were present. Also present were Jim Reidhead, Karin Knauf, Geniphyr Ponce-Pore, Matt Lafferty and Sean Wheeler, Planning Department; Doug Ryan, Health Department; Christie Coleman and Roxann Hayes, Engineering Department; Jeannine Haag, Assistant County Attorney; and Jean M. O'Connor, Clerk to the Board.

Chair Bender stated the following items are consent and would not be discussed unless requested by the Board or members of the audience. Mr. Marty DeBois requested item #1 be removed from the consent agenda.

2. ANTROBUS-DERSCHERON MINOR LAND DIVISION & APPEAL TO SECTION 18.2.1: NW 1/4 OF SECTION 24, TOWNSHIP 8 NORTH, RANGE 69 WEST: LOCATED ON THE EAST SIDE OF HIGHWAY 1 (TERRY LAKE ROAD), SOUTH OF COUNTY ROAD 56

This is a request for a Minor Land Division to create 2 single-family lots from a 2.8-acre parcel with an existing residence and mobile home. A new residence will be constructed on the new 1.81-acre lot. The existing residence will be located on a 1-acre lot. Also, an Appeal to Section 18.2.1 to allow the existing manufactured home to be converted to a storage building. Staff findings is that proposed Antrobus-Derscheron Land Division complies with the Review Criteria for Minor Land Divisions as contained in Section 5.4.3 of the Larimer County Land Use Code. Staff recommendation is approval with the following condition 1. Prior to the recordation of the MLD Plat the applicant shall address the Engineering Comments from Dale Greer in the referral letter dated October 23, 2003.

3. AMENDED PLAT OF LOTS 16-22, BLOCK 20, HIAWATHA HEIGHTS SUBDIVISION: NE 1/4, SECTION 29, TOWNSHIP 10 NORTH, RANGE 73 WEST OF THE 6TH PM, LARIMER COUNTY, COLORADO, APPROXIMATELY 800 FEET EAST OF THE INTERSECTION OF LAKEVIEW DRIVE AND CLIFF ROAD

This is a request to amend the plat of Lots 16-22, Block 20, Hiawatha Heights Subdivision, combining a total of 7 lots and a portion of a Mary Quaintance Ross Estate metes and bounds parcel in order to create one single-family residential lot. Staff recommendation is approval with the following conditions and authorize the Chair to sign the plat when presented for signature 1. The Final Plat shall be recorded by June 8, 2004, or this approval shall be null and void; 2. Technical corrections to the plat, as requested by Dale Greer of Larimer County Engineering, shall be made prior to recordation of the plat.

4. AMENDED PLAT AND EASEMENT VACATION FOR CRYSTAL LAKES 14TH FILING, LOTS 6 AND 8: 12-10-73, MORE SPECIFICALLY IN THE CRYSTAL LAKES SUBDIVISION 14TH FILING, AT THE INTERSECTION OF CREEDMORE LAKES ROAD AND SOCORRO CIRCLE

This is a request to amend the plat of Crystal Lakes 14th Filing, Lots 6 and 8 and vacate the easement located on the common lot line between these lots in order to combine the two lots into one lot. Staff recommendation is approval with the following condition and authorize the Chair to sign the plat when presented for signature 1. The Final Plat shall be recorded by June 8, 2004 or this approval shall be null and void.

5. MESTAS MINOR LAND DIVISION: SE 1/4 26-05-69, APPROXIMATELY 1400' DUE EAST OF THE INTERSECTION OF WEST CR16 AND SOUTH GARFIELD STREET AVE ON THE NORTH SIDE OF THE ROAD

This is a request for a Minor Land Division of two lots on a total of 9.97-acres in order to create a record and legal description of these two lots. Staff finding is that the proposed Mestas Minor Land Division complies with the Review Criteria for Minor Land Divisions as contained in Section 5.4.3 of the Larimer County Land Use Code. Staff recommendation is approval with the following conditions and authorize the Chairman to sign the plat when presented for signature 1. At the time of building permit, the applicant shall provide a copy of a water tap agreement of commitment to serve from the water service provider, and must demonstrate the ability to be served by the City of Loveland for sanitary service; 2. A road maintenance agreement must be reviewed and approved prior to recordation of the plat; the approved agreement must be recorded with the plat; 3. Any habitable structure constructed on Lot 2 shall be sprinklered. A sprinkler system will not be required only the applicant provides a letter from the City of Loveland Fire Prevention Bureau verifying that the proposed residential structure is located within 300 foot of a fire hydrant and that the fire hydrant has adequate fire flow (1000 gpm at 20 psi); 4. At the time of building permit for Lot 2, the permit applicant shall pay Transportation Capital Expansion fees, and applicable drainage fees.

  1. AMENDED PLAT OF LOT 9 OF THE INDIAN CREEK MEADOWS SUBDIVISION: A PORTION OF SECTION 2; T8N; R68W; MORE SPECIFICALLY LOCATED AT THE NORTHWEST CORNER OF COUNTY ROAD 3 AND LAKOTA DRIVE, EAST OF WELLINGTON

This is a request for an Amended Plat to adjust the Building Envelope on Lot 9 of Indian Creek Meadows Subdivision. Staff findings are 1. The proposed Amended Plat for Lot 9 of Indian Creek Meadows Subdivision complies with the review Criteria of the Larimer County Land Use Code for Amended Plats; 2. The proposed Amended plat for Lot 9 of Indian Creek Meadows Subdivision will not adversely affect the surrounding properties or the natural environment. Staff recommendation is approval and authorize the Chair to sign the plat when presented for signature.

7. CARSON REZONING: NW 1/4 OF SECTION 13, TOWNSHIP 6 NORTH, RANGE 69 WEST - MORE SPECIFICALLY LOCATED ON THE SOUTHWEST CORNER OF DEBRA DRIVE AND GARY DRIVE, APPROXIMATELY 1/8 MILE SOUTH OF TRILBY ROAD

This is a request to rezone of Lot 8 of Trilby Heights 1st Subdivision from C-Commercial to R- Residential. Staff recommendation is approval as presented.

8. AMENDED PLAT LOT 1 & TRACT A OF THE COLARD MINOR RESIDENTIAL DEVELOPMENT (MRD): 36-4-71: ON THE WEST SIDE OF COUNTY ROAD 37E, NORTH OF LYONS

This is a request for an Amended Plat to adjust the existing lot line between a previously Lot 1 and Tract A of the Colard MRD. Staff findings are 1. The proposed amended plat complies with the Larimer County Land Use Code; 2. The proposed amended plat is compatible with other development in the surrounding area; 3. Approval of the amended plat will not result in any significant impacts to neighboring properties, the natural environment or the provision of services and infrastructure; 4. The amended plat will not adversely affect property values in the surrounding area. Staff recommendation is approval with the following conditions 1. The Final Amended Plat shall be consistent with the information contained in File 03-S2208 or as modified by conditions of approval; 2. The Final Amended Plan shall be corrected per the requirements of the Larimer County Engineering Department; 3. The Final Amended Plat shall include all easements required for access and by the Utility Providers.

MOTION

Commissioner Gibson moved that the Board of County Commissioner approve the consent agenda as amended and outlined above.

Motion carried 3 - 0.

  1. ROTH AMENDED PRELIMINARY RURAL LAND PLAN: 27-10-69; GENERALLY LOCATED 4 1/2 MILES NORTHWEST OF THE WAVERLY SCHOOL AT THE INTERSECTION OF COUNTY ROAD 17 AND COUNTY ROAD 78

This is a request to amend the condition of approval that requires a letter of commitment from Northern Colorado Water Association be provided prior to final plat approval. Staff finding is that this proposal is consistent with the policies of Section 5.8-Rural Land Use Process of the Larimer County Land Use Code, but is not in strict compliance with Section 8.1.4 as it is currently written. However, because staff believes the prohibition of selling three (3) lots without district water is adequately addressed by a lot sale restriction, the basic requirements of Section 8.1.4 will still be upheld before any lot can be sold. Staff recommendation is to change Condition Number 3 regarding when a letter of commitment from Northern Colorado Water is to be provided and as listed below. All other conditions of this plan would remain in effect. 3. Public water shall be provided for three (3) single-family lots that are not allowed on-lot domestic wells. These three (3) single-family lots will be subject to a lot sale restriction prohibiting their sale until a letter of commitment for water service from Northern Colorado Water Association or other qualified entity is provided. The letter of commitment must specifically state that the water distribution system is (or will be) designed to meet the normal and minimum pressure design standards contained in Section 8.1.2.A.1 of the Land Use Code or more stringent standards as required by the District. If the water system will be designed to provide fire protection, the letter of commitment also must address the pressure and delivery standards outlined in Section 8.1.4 of the Land Use Code. For the five lots where water is allowed to be provided by on-lot domestic wells, all such water is provided by on-lot domestic wells, all wells must be at least 200 horizontal feet from other wells (on and off-site). This condition must also be listed as a requirement in the Development Agreement and listed in the Disclosure Statement.

Mr. DeBois stated that he did not like the layout of the proposal and the fact that he would be able to see the houses. Mr. DeBois also expressed concern with the additional wells proposed and the impact on his well.

Mr. Reidhead stated that the project is already approved and that staff is only requesting that condition #3 be amended to include lot sale restrictions on the three-lots requiring domestic water.

Mr. Bryant Miller also noted concern with impacts to existing wells and Dry Creek.

Commissioner Gibson asked how far away domestic water was and Mr. Reidhead stated approximately 1/2-mile. Ms. Ginger Montgomery stated that distance is not the issue, the pipes providing the domestic water are too small to deliver the amount of water necessary.

Mr. Tony Donland requested clarification of the last two sentences in the proposed amended condition and noted that it does not specify how many wells may be drilled.

Mr. Reidhead clarified the statements and proposed the following change to the second to last sentence, "For the five lots where water is allowed to be provided by on-lot domestic wells, all such wells ..."

There being no further comment, the hearing was closed to the public.

The Board had no discussion.

MOTION

Commissioner Rennels moved that the Board of County Commissioners approve the Roth Amended Preliminary Rural Land Plan as proposed and amended by staff for clarification.

Motion carried 3 - 0.

There being no further discussion; the hearing recessed at 3:50 p.m.

LaPORTE AREA PLAN

(#211)

The Board of County Commissioners reconvened with Jill Bennett, Senior Planner; Chair Bender presided and Commissioners Gibson and Rennels were present. Also present were Jeannine Haag, Assistant County Attorney, Mark Peterson, County Engineer and Jean M. O'Connor, Clerk to the Board.

1. LAPORTE AREA PLAN: THE UNINCORPORATED LAPORTE COMMUNITY AND SURROUNDING AREA IN NORTHERN LARIMER COUNTY

Ms. Bennett briefed the Board regarding the Plan and noted that the Proposed Plan includes sections describing Community Vision and Goals, Existing Conditions, Future Land Use, Transportation, Drainage, Development Design and Implementation. The Plan provides a guide to new development and does not change zoning or the ability of landowners to continue existing legal uses. Mr. Peterson briefed the Board on the proposed transportation elements within the Plan. Ms. Bennett clarified that the current language in Section VI. Drainage, may give some the impression that the Master Drainage Plan is part of the LaPorte Area Plan, which is not the case. In light of this confusion, staff recommends that the section be moved to Section III. Existing Conditions. This change is intended to clarify that the information presented concerning both flood plains and the LaPorte Master Drainage Plan is background information and is not being adopted or revised with the adoption of this LaPorte Area Plan.

Chair Bender noted that there is no public present to comment on the Plan. Commissioner Rennels stated that there was considerable input from the citizens in the LaPorte community and that the LaPorte Area Planning Advisory Committee is also recommending adoption of the plan as presented.

MOTION

Commissioner Rennels moved that the Board of County Commissioners recommend that the Planning Commission adopt the proposed LaPorte Area Plan, as amended by the changes to section VI. Drainage, as an element of the Larimer County Master Plan, replacing the LaPorte Area Land Use Plan of 1992. And to amend 8.9 Supplementary Regulations in order to implement the access control and road design standards of the Transportation Chapter.

Motion carried 3 - 0.

There being no further business, the hearing adjourned at 7:00 p.m.

TUESDAY, DECEMBER 9, 2003

ADMINISTRATIVE MATTERS

(#212 & 213)

The Board of County Commissioners met with Neil Gluckman, Assistant County Manager; Chair Bender presided and Commissioners Gibson and Rennels (arriving at approximately 9:45) were present. Also present were Donna Hart, Deni La Rue, Melinda Keen and Frank Lancaster, Commissioners' Office; Tom Garton, Building Department; Bill Bartran, Contractor; Linda Coxen and Larry Abrahamson, District Attorneys' Office; Jim Reidhead, Rural Land Use Center; George Hass, County Attorney; Jerry Blehm, Health Department; Gael Cookman, Clerks' Office; and Jean M. O'Connor, Clerk to the Board.

1. PUBLIC COMMENT: Mr. Fred Rampey addressed the Board with concerns regarding the proposed changes at the Carter Lake Marina.

Ms. Stevie Todd addressed the Board regarding an incident at the Sundance Saloon, which resulted in the arrest of her son and his friend. Mr. Mike Poppenwiemer was present representing the Sundance.

2. APPROVAL OF THE MINUTES FOR THE WEEK OF NOVEMBER 24, 2003:

MOTION

Commissioner Gibson moved that the Board of County Commissioners approve the minutes for the week of November 24, 2003 as presented.

Motion carried 2 - 0.

MOTION

Commissioner Gibson moved that the Board of County Commissioners approve the minutes for the week of December 1, 2003 as presented.

Motion carried 2 - 0.

3. REVIEW OF THE SCHEDULE FOR THE WEEK OF DECEMBER 15, 2003: Ms. Hart reviewed the schedule with the Board.

4. CONSENT AGENDA:

MOTION

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

PETITIONS FOR ABATEMENT: As recommended by the County Assessor, the following petitions for abatement are approved Dierenfield 2001 & 2002; Alvardo Construction, Inc; and Quebecor Printing Loveland, Inc.

12092003A001 AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND GEORGE HASS FOR THE BENEFIT OF LARIMER COUNTY HUMAN SERVICES FOR CHILD SUPPORT ENFORCEMENT LEGAL SERVICES

12092003A002 AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND CHILD SUPPORT ENFORCEMENT FOR THE BENEFIT OF LARIMER COUNTY HUMAN SERVICES FOR THE COLLECTION OF CHILD SUPPORT

12092003A003 AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND WASTE MANAGEMENT OF COLORADO, INC FOR THE ESTES PARK AREA SOLID WASTE TRANSFER STATION

12092003A004 AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND VALUECHECK TO CONDUCT REAPPRAISAL ASSISTANCE SERVICES FOR THE 2005 RESIDENTIAL REAPPRAISAL FOR THE BENEFIT OF THE COUNTY ASSESSOR

12092003A005 AMENDMENT TO THE LARIMER COUNTY MANAGER'S EXCLUSIVE BENEFIT GOVERNMENTAL 401(A) NONTRUSTEED RETIREMENT PLAN

12092003A006 AMENDMENT TO THE LARIMER WASTE TIRE CONTRACT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE STATE OF COLORADO FOR THE USE AND BENEFIT OF THE DEPARTMENT OF LOCAL AFFAIRS FOR THE REMOVAL OF ILLEGALLY DISPOSED OF TIRES

12092003A008 HOSPITAL SURGE CACHE MEMORANDUM OF UNDERSTANDING BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE STATE OF COLORADO ACTING BY AND TROUGH THE DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT FOR EMERGENCY MEDICAL OVER FLOW FACILITY

12092003D001 DEED OF DEDICATION BY DANIEL R CORDOVA AND ELAINE M CORDOVA FOR PUBLIC HIGHWAY PROPERTY

12092003D002 DEED OF DEDICATION BY HARVEY L JACOBY AND JANET J JACOBY FOR PUBLIC HIGHWAY PROPERTY

12092003D003 DEED OF DEDICATION BY CHARLES WILLIAM KEETON AND VI VI KEETON FOR PUBLIC HIGHWAY PROPERTY

12092003D004 DEED OF DEDICATION BY WILLIAM J. PARTON AND LENORA BOHREN FOR PUBLIC HIGHWAY PROPERTY

12092003D005 DEED OF DEDICATION FOR EASEMENT TO THE CITY OF FORT COLLINS BY LARIMER COUNTY (Detention Center)

12092003D006 DEED OF DEDICATION FOR RIGHT-OF-WAY BY LARIMER COUNTY TO THE CITY OF FORT COLLINS (Detention Center)

12092003D007 DEED OF DEDICATION FOR UTILITY EASEMENT TO THE CITY OF FORT COLLINS BY LARIMER COUNTY (Detention Center)

12092003D008 DEED OF DEDICATION FOR SANITARY SEWER EASEMENT FOR THE NEW COUNTY DETENTION CENTER

12092003R001 RESOLUTION ADOPTING AMENDMENTS TO THE LARIMER COUNTY LAND USE CODE

12092003R002 FINDINGS AND RESOLUTION APPROVING AN AMENDED PLAT AND UTILITY EASEMENT VACATION IN CRYSTAL LAKES 9TH FILING LOTS 38 & 107

12092003R003 AMENDED SPECIAL REVIEW FINDINGS AND RESOLUTION APPROVING THE PETITION OF TIMNATH-CONNELL PIT

12092003R004 FINDINGS AND RESOLUTION APPROVING AN AMENDED PLAT IN WEST HIAWATHA HEIGHTS

12092003R005 FINDINGS AND RESOLUTION APPROVING THE WESTERN TECHNICAL COMMERCIAL CONDOMINIUMS

12092003R006 FINDINGS AND RESOLUTION APPROVING AN AMENDED PLAT AND REPLAT OF A UTILITY EASEMENT IN THE RETREAT 4TH FILING LOT 25

12092003R007 FINDINGS AND RESOLUTION APPROVING AN AMENDED PLAT IN FOX ACRES 2ND FILING, ENVELOPE G

12092003R008 FINDINGS AND RESOLUTION APPROVING AN AMENDED PLAT IN AUDREY ACRES MRD & HAMMOND EXEMPTION AMENDED PLAT

12092003R009 FINDINGS AND RESOLUTION APPROVING AN AMENDED PLAT IN PETERMAN MLD LOT 1

12092003R010 FINDINGS AND RESOLUTION APPROVING THE TARUM MINOR LAND DIVISION APPEAL

12092003R011 FINDINGS AND RESOLUTION APPROVING AN AMENDED PLAT IN RAMONA HEIGHTS BLOCK 20 LOTS 8 - 10

12092003R012 FINDINGS AND RESOLUTION APPROVING AN AMENDED PLAT AND UTILITY EASEMENT VACATION IN GLACIER VIEW MEADOWS 12TH FILING LOTS 192 & 193

12092003R013 SPECIAL REVIEW FINDINGS AND RESOLUTION APPROVING THE PETITION OF SOUTH FORT COLLINS SANITATION DISTRICT LIFT STATION FLOOD PLAIN

12092003R014 RESOLUTION REGARDING RELEASE OF COLLATERAL AND WARRANTY COLLATERAL FOR THE WOODS AT PTARMIGAN PLANNED UNIT DEVELOPMENT 4TH FILING

12092003R015 FINDINGS AND RESOLUTION APPROVING THE BEE MINOR LAND DIVISION

12092003R016 FINDINGS AND RESOLUTION APPROVING THE WEBER MINOR LAND DIVISION

12092003R017 FINDINGS AND RESOLUTION DENYING THE BIG HORN RIDGE LOT 3 REZONING AND GENERAL DEVELOPMENT PLAN

12092003R018 FINDINGS AND RESOLUTION APPROVING THE ELCO WATER DISTRICT APPEAL

12092003R019 RESOLUTION APPROVING AMENDMENTS TO THE ESTES VALLEY DEVELOPMENT CODE

12092003R020 FINDINGS AND RESOLUTION APPROVING THE HOMESTEAD VALLEY SUBDIVISION

12092003R021 FINDINGS AND RESOLUTION APPROVING AN AMENDED PLAT AND UTILITY EASEMENT VACATION IN GLACIER VIEW MEADOWS 12TH FILING LOTS 58 - 60 AND LOT 68

12092003R022 FINDINGS AND RESOLUTION APPROVING AN AMENDED PLAT AND UTILITY EASEMENT VACATION IN MEADOWDALE HILLS 2ND FILING LOTS 73 AND 74

MISCELLANEOUS: Final Plat for Hidden Valley Estates II Rural Land Use Plan and Ramona Heights Block 20 Lots 8 - 10 Amended Plat.

LIQUOR LICENSES: The following licenses were both approved and issued Fort Collins Country Club- Club- Fort Collins, CO and Sundance Steakhouse and Saloon- H & R- Fort Collins, CO. The following license was approved Pool Tyme Billiards- Change of Corporate Structure- Loveland, CO.

Motion carried 2 - 0.

5. REQUEST TO WAIVE FEES FOR VIRGINIA DALE CHURCH: Mr. Garton stated that Mr. Bartran came to him requesting that the fees associated with the re-building of the Church be waived. Mr. Garton stated that the Building Department operates with an Enterprise Fund and receives no dollars from the County General Fund. Mr. Blehm stated that the Board is not authorized to waive fees related to health issues however, he would advise the Health Board of the Commissioners' decision. Commissioner Gibson asked what the total fees would be and Mr. Garton stated approximately $700.00.

MOTION

Commissioner Gibson moved that the Board of County Commissioners approve the allocation of up to $700 from Special Projects Fund toward the fees associated with re-building the Virginia Dale Church.

Motion carried 2 - 0.

At this time, Commissioner Rennels arrived at the meeting.

6. CONSERVATION EASEMENT ON LOT 3 OF THE BORESEN RURAL LAND USE PLAN: Mr. Reidhead stated that the Ackerman family has purchased the Boresen property, which was approved with two new residential lots, the existing residential lot and one residual lot, totally approximately 70-acres. Mr. Reidhead stated that the Ackerman's are requesting that lot 3 be added to the existing 296-acre conservation easement, therefore extinguishing the ability to build another residence. Lot 3, Mr. Reidhead continued, will be included in the current agricultural operations.

Commissioner Gibson asked why the County would want to "take on" a 3-acre conservation easement and Mr. Reidhead reiterated that it would be added to the existing larger easement. Chair Bender noted that this would commit the County to monitoring and expenses and inquired if the County has done this in the past. Mr. Reidhead replied in the affirmative and noted that the easement could be transferred to the Land Trust in the future. Commissioner Rennels noted the 3-acres would be added to the larger existing easement, which is currently irrigated agricultural land.

MOTION

Commissioner Rennels moved that the Board of County Commissioners approve signing and accepting of a perpetual conservation easement on 3-acres of the Boresen Farm Rural Land Plan from owners Brian and Carol Ackerman and authorize the Chair to sign associated documents.

Motion carried 3 - 0.

12092003D009 DEED OF CONSERVATION EASEMENT BY BRIAN AND CAROL ACKERMAN IN FAVOR OF LARIMER COUNTY

7. REQUEST TO APPROVE 2003 DISTRICT ATTORNEY FUND BALANCE FOR USE IN 2004: Ms. Coxen and Mr. Abrahamson presented the Board with a PowerPoint presentation showing increasing caseloads for Deputies in the District Attorneys' Office and comparisons with other Counties. Mr. Abrahamson also noted the necessity for utilization of the 2003 funds if approved. Ms. Coxen stated that an email from Mr. Keister, County Budget Manager, expressed concern with the Board taking action at this time and suggested the decision be postponed to January; Ms. Coxen stated that the District Attorney's Office concurs with postponement.

Commissioner Gibson noted that citizens voted down a tax to build jail space and could not support giving any left over dollars to the District Attorneys' Office when the Sheriff is in need. Commissioner Rennels and Chair Bender agreed to wait to next year to make a decision. Consensus of the Board is to wait to review the request until after the 1st of the year.

8. DETERMINATION THAT IT IS NOT FISCALLY APPROPRIATE TO MAKE ELECTION FOR THE DISTRICT ATTORNEYS' OFFICE TO PARTICIPATE IN PERA: Mr. Lancaster stated that State Statute regarding PERA notes that action must be taken by the Board prior to December 31, 2003, but also allows for the Board to take action on a resolution authorizing consideration at a later date. Mr. Lancaster requested approval of a resolution to consider PERA at a future date. Commissioner Gibson stated that he could not support the resolution because it would give the illusion that the Board might approve PERA sometime in the future and that he would never approve the request due to financial impacts to the County.

MOTION

Commissioner Rennels moved that the Board of County Commissioners approve a resolution finding that it is not fiscally appropriate to make the election prior to January 1, 2004.

Motion carried 2 - 1; with Commissioner Gibson dissenting.

12092003R026 RESOLUTION FINDING THAT IT IS NOT PRESENTLY FISCALLY APPROPRIATE TO MAKE AN ELECTION AT THIS TIME TO INCLUDE OFFICIALS AND EMPLOYEES OF THE DISTRICT ATTORNEY OFFICE TO PARTICIPATE IN SPECIFIED RETIREMENT PLANS

9. HIDDEN VALLEY ESTATES II RURAL LAND PLAN: Mr. Reidhead explained that the City of Loveland had purchased 219-acres in the Devil's Backbone area, of which 194-acres is in Hidden Valley Estates Rural Land Plan (RLP). This purchase, Mr. Reidhead continued negates the need for homeowner association covenants and requested that the Board revoke the previously approved Hidden Valley Estates Homeowner's Association Covenants. Mr. Reidhead also explained that Hidden Valley Estates RLP was approved with an equestrian facility, which was to be located within the 194-acres purchased and by the City of Loveland and they do not want. Mr. Reidhead requested Board approval to locate the facility within Hidden Valley Estates II RLP.

Mr. Reidhead further noted that the applicants have not been able to reach a written agreement with the Louden Irrigation and Reservoir Company regarding the irrigation ditch that runs through Hidden Valley Estates II RLP, which was a condition of preliminary approval. Mr. Reidhead stated that the developers have therefore done the following: 1. Dedicated on the Final Plat a 100-foot irrigation ditch easement (50-feet on either side of the centerline of the ditch) and 2. Included on the project's Disclosure Statement, "The Louden Irrigation Canal crosses the site and is shown on the Plat. The Louden Ditch has certain prescriptive rights including the right to drain the ditch, the right to remove any and all vegetation along its right-of-way, and the right to maintain the ditch. They have the right to convey water through the site and all lot purchasers are hereby notified that they have no right to use water from the Louden Ditch without the permission of the Louden Irrigation and Reservoir Company. Furthermore, no refuse, soil or rocks of any kind may be dumped in the ditch. Entry into the ditch for any purpose is prohibited. Any activity which obstructs or alters flow or which could obstruct or alter flow is prohibited."

Mr. Reidhead stated that he believes these two provisions have met the requirement of the condition of approval pertaining to the Louden Irrigation Ditch. Mr. Reidhead requested final approval for Hidden Valley Estates II Rural Land Plan including the proposed changes requested above.

MOTION

Commissioner Gibson moved that the Board of County Commissioners approve the Hidden Valley Estates II Rural Land Plan and Development Agreement; the revocation of the Hidden Valley Estates Homeowners' Association Covenants; the transfer and modification of the reserved right for recreational uses in Hidden Valley Estates II RLP; and the information concerning Disclosure Statement notice pertaining to the Louden Irrigation and Reservoir Company irrigation ditch that runs through Hidden Valley Estates II.

Motion carried 3 - 0.

12092003A007 DEVELOPMENT AGREEMENT AND RESIDUAL LAND USE RESTRICTIONS BETWEEN THE BOARD OF COUNTY COMMISSIONERS, THE CITY OF LOVELAND, BACKBONE INVESTMENTS, LLC AND HIDDEN VALLEY ESTATES HOMEOWNERS' ASSOCIATION

12092003R023 SUPPLEMENT TO FINDINGS AND RESOLUTION APPROVING HIDDEN VALLEY ESTATES II PRELIMINARY RURAL LAND PLAN

12092003R024 RESOLUTION FOR STATUTORY VESTED RIGHTS FOR HIDDEN VALLEY ESTATES II RURAL LAND PLAN

12092003R025 REVOCATION OF DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR HIDDEN VALLEY ESTATES RURAL LAND PLAN

10. LEGAL MATTERS: Mr. Hass explained that the County could not impose a tax in order to form a Regional Transportation Authority (RTA) and noted that all governing bodies must also approve.

11. APPOINTMENTS TO THE ESTES VALLEY PLANNING COMMISSION AND LARIMER EMERGENCY TELEPHONE AUTHORITY: Ms. Keen requested approval of the following recommendations to the Estes Valley Planning Commission Judy Haggard- four years commencing December 09, 2003 and expiring June 30, 2007 and Larimer Emergency Telephone Authority Steve Charles, Thomas Raabe, and Bob Skillman- two-years commencing January 1, 2004 and expiring December 5, 2005.

MOTION

Commissioner Rennels moved that the Board of County Commissioners approved the appointments to the Estes Valley Planning Commission and the Larimer Emergency Telephone Authority as proposed above.

Motion carried 3 - 0.

12. WORK SESSION: Mr. Gluckman stated that he would be conducting a training session for new Board/Commission members this Thursday and would schedule another in the near future to include existing members as a refresher.

13. COMMISSIONER REPORTS: The Board noted their attendance at events the past two weeks.

There being no further business, the meeting adjourned at 11:35 a.m.

_________________________________

THOMAS G. BENDER, CHAIR

BOARD OF COMMISSIONERS

SCOTT DOYLE

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.