MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

Monday, January 12, 2004

LAND USE HEARING

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The Board of County Commissioners met with Rob Helmick, Senior Planner; Chair Rennels presided and Commissioners Bender and Gibson were present. Also present were Geniphyr Ponce-Pore, Larry Timm, Russ Legg, Matt Lafferty, Al Kadera, Candace Phippen, Casey Stewart, and Claudia DeLude, Planning Department; Christie Coleman, Engineering Department; George Hass, County Attorney; and Jean M. O'Connor, Clerk to the Board.

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

  1. RAMONA HEIGHTS RIGHT-OF-WAY VACATION: SE 1/4 OF 28-10-73, APPROXIMATELY 1.5 MILES NE OF THE INTERSECTION OF RED FEATHER LAKES ROAD AND COUNTY ROAD 74E

This is a request to vacate a portion of Pocahontas Highway, a portion of a platted right-of-way easement located within Lots 4-7, Block 20 and Lots 1A and 1B, Block 20B of Ramona Heights. Staff recommendation is approval.

2. ESTES PARK ESTATES LOTS 5 AND 6 AMENDED PLAT AND EASEMENT VACATION: A PORTION OF THE SW 1/4 OF SECTION 28; T4N; R71W; LOCATED ON THE EAST SIDE OF ESTES PARK DRIVE, APPROXIMATELY 1 MILE NORTH OF HIGHWAY 36

This is a request for an Amended Plat to adjust the property line between Lots 5 and 6 of the Estes Park Estates Subdivision, and to vacated and re-establish existing utility easements affected by the lot lone adjustment. Staff findings include 1. The proposed Amended Plat for Lots 5 and 6 of the Estes Park Estates Subdivision complies with the review Criteria of the Larimer County Land Use Code for Amended Plats; 2. The proposed Amended Plat for Lots 5 and 6 of the Estes Park Estates Subdivision will not adversely affect the surrounding properties or the natural environment. Staff recommendation is approval subject to the following condition and authorize the Chair to sign the plat when presented for signature 1. All conditions shall be met and the Final Plat recorded by July 12, 2004 or this approval shall be null and void.

MOTION

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

Motion carried 3 - 0.

3. LARIMER COUNTY-CITY OF LOVELAND INTERGOVERNMENTAL AGREEMENT REGARDING GROWTH MANAGEMENT

Mr. Timm noted that the Board approved this IGA on August 11, 2003, however on November 18, 2003 the Loveland City Council approved the IGA, but with minor revisions. These minor revisions have been incorporated into the IGA being considered for approval by the Board today. Staff recommendation is approval of the Intergovernmental Agreement between Larimer County and the City of Loveland regarding Growth Management.

Chair Rennels noted that there is no public present to comment on this item.

MOTION

Commissioner Gibson moved that the Board of County Commissioners approve the Intergovernmental Agreement between Larimer County and the City of Loveland as proposed this date.

Motion carried 3 - 0.

01132004A001 INTERGOVERNMENTAL AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE CITY OF LOVELAND FOR GROWTH MANAGEMENT

4. JONES MINOR LAND DIVISION: NE 1/4 OF 11-04-69; LOCATED APPROXIMATELY 1/8 MILE NORTH OF COUNTY ROD 10E ADJACENT TO THE WEST SIDE OF THE RAILROAD TRACKS

This is a request for a Minor Land Division to divide an existing 27.98-acre parcel into two lots. The division will be along an existing zoning district boundary line and the result will be one residential lot zoned FA-1 (Farming) and the other a commercial lot zoned C (Commercial). Staff findings are 1. The property is not part of an approved or recorded Subdivision plat; 2. The property is not part of an Exemption or Minor Residential Development approved under the previous Subdivision Resolution or a Minor Land Division; 3. The newly created parcels will meet the minimum lot size required by the applicable zoning district; 4. The newly created parcels meet minimum access standards required by the County Engineer; and 5. Approval of the Minor Land Division will not result in impacts greater than those of existing uses. Staff recommendation is approval subject to the following conditions and authorize the Chair to sign the plat when presented for signature 1. All conditions shall be met and the Final Plat recorded by July 12, 2004 or this approval shall be null and void; 2. Prior to recordation of the Final Plat for the Jones Minor Land Division the applicant shall resolve the referral comments as follows a) Those comments found in the referral letter from Dale Greer of the Engineering Department dated May 7, 2002; b) Those comments found in the referral letter from Doug Ryan of the Health Department dated May 28,2002; c) Those comments found in the referral letter from Christie Coleman of the Engineering Department dated May 17, 2002 and 3. Prior to recordation of the Final Plat for the Jones Minor Land Division the applicant shall enter into a Development Agreement with the County establishing a deadline for resolution of the existing zoning and building violations, and $5000.00 in collateral for the County to contract cleanup of the site should the applicant fail to meet the deadline.

Commissioner Gibson inquired about the other trailers on the site and Mr. Lafferty stated that additional clean up would be addressed in the Development Agreement.

Mr. Paul Jones, applicant, stated that he currently lives on site and works daily cleaning up the property and assisting the family with this application.

Ms. Patricia Rice, applicant, noted that the family also want the property back to the original condition. Chair Rennels asked if Ms. Rice is amenable to the staff recommendations and Ms. Rice replied in the affirmative.

Chair Rennels noted there is no public present to comment on this item.

MOTION

Commissioner Bender moved that the Board of County Commissioners approve the Jones MLD as proposed and outlined above.

Motion carried 3 - 0.

5. MONTGOMERY ZONING VIOLATION: 513 RUNNING WATER RANCH ROAD, RED FEATHER LAKES

This is an alleged violation of the Land Use Code Section 21.1(B): "It is unlawful...to develop real property...without first obtaining a building permit." Staff findings include 1. The property is zoned O-Open; 2. A building permit can not be issued for the single wide mobile home because it does not meet setbacks from the creek; 3. A variance must be applied for and approved to permit the building permit to be issued; 4. The O-Open zoning district does not permit the storage of mobile homes or junk; 5. The continued use of the property, in violation of the zoning regulations, will affect property values in the area. Staff recommendation is to find that a violation exists, require compliance within 30 days, and authorize legal action if the deadline is not met. Compliance would require 1. That a variance application is submitted to the Planning Department within 30 days; 2. A setback variance is approved by the Board of Adjustment; 3. A building permit and a Certificate of Occupancy are issued for the singlewide mobile home or 4. The structure is removed from the parcel.

Mr. Bill Montgomery, the property owner, stated that his intention is to build for retirement. Commissioner Gibson asked if any permits had been applied for prior to moving the trailer to the site. Mr. Montgomery stated that he had applied for a shed permit and was told that a trailer could be on site during construction. Mr. Montgomery also noted that he believes vandals caused the roof of the trailer to collapse, not snow as has been indicated.

Chair Rennels asked if application for a permit for the singlewide mobile home has been submitted. Ms. DeLude stated that permits had been applied for but the applicant did not have sufficient funds for both permits so plans changed to make the mobile home a permanent structure. The proposed location of the singlewide mobile home on the 40-acre site, Ms. DeLude continued, is too close to the stream so either the location must change or a variance is required.

Commissioner Bender stated that the roof is repairable and the property owner needs time to make those repairs, however a violation currently exists. Ms. DeLude stated that Mr. Montgomery could apply for a roof repair permit. Chair Rennels asked if Mr. Montgomery is willing to submit application for a roof permit and Mr. Montgomery concurred.

MOTION

Commissioner Gibson moved that the Board of County Commissioner find a violation exists; require compliance within 120 days, and authorize legal action if the deadline is not met. Compliance would require 1. That a variance application be submitted to the Planning Department within 30 days; 2. A setback variance is approved by the Board of Adjustment; 3. A building permit and a Certificate of Occupancy are issued for the singlewide mobile home; or 4. The structure be relocated with all required permits; or 5. The structure is removed from the parcel.

Motion carried 3 - 0.

6. SCHOOLEY ZONING VIOLATION: 2117 N. COUNTY ROAD 13

This is an alleged violation of Land Use Code Section 21.1(C): "It is unlawful to use real property, or the improvements thereon...in any way that is inconsistent with the terms and conditions of any land use approval..." Ms. DeLude stated that she had spoken with Mr. Schooley and requested this item be removed from the agenda.

There being no further business, the hearing adjourned at 4:00 p.m.

TUESDAY, JANUARY 13, 2004

ADMINISTRATIVE MATTERS

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The Board of County Commissioners met with Frank Lancaster, County Manager; Chair Rennels presided and Commissioners Bender and Gibson were present. Also present were Marc Engemoen and Kim Nohava, Public Works Department; Neil Gluckman, Bob Keister, Donna Hart, and Deni La Rue, Commissioners' Office; David Ayraud, Assistant County Attorney; Dawn Stroh, Clerks' Office; and Jean M. O'Connor, Clerk to the Board.

  1. PUBLIC COMMENT: None

2. APPROVAL OF THE MINUTES FOR THE WEEK OF JANUARY 5, 2004:

MOTION

Commissioner Gibson moved that the Board of County Commissioners approve the minutes for the week of January 5, 2004 as presented with noted clarification.

Motion carried 3 - 0.

3. REVIEW OF THE SCHEDULE FOR THE WEEK OF JANUARY 19, 2004: Ms. Hart reviewed the schedule with the Board.

4. CONSENT AGENDA:

MOTION

Commissioner Bender 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 Campbell Development, Inc; Safeway, Inc (2); and Miller.

01132004A001 GRANT AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE STATE BOARD OF GREAT OUTDOORS COLORADO FOR THE USE AND BENEFIT OF THE LARIMER COUNTY PARKS AND OPEN LANDS (Indian Creek Open Space Project)

01132004A002 GRANT AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE STATE BOARD OF GREAT OUTDOORS COLORADO FOR THE USE AND BENEFIT OF THE LARIMER COUNTY PARKS AND OPEN LANDS (Horsetooth Mountain Park Expansion, Phase II)

01132004A003 GRANT AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE STATE BOARD OF GREAT OUTDOORS COLORADO FOR THE USE AND BENEFIT OF THE LARIMER COUNTY PARKS AND OPEN LANDS (Fossil Creek Reservoir Regional Open Space Park)

01132004A004 ADDENDUM TO THE SERVICE AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE COUNTY ATTORNEY FOR SERVICES

MISCELLANEOUS: Project completion report for the Larimer Homeownership Program 2003 Contract Year; Allocation of Reed Act Funding from Colorado Department of Labor and Employment for Employment Services.

Motion carried 3 - 0.

5. REQUEST FOR ADDITIONAL FTE EQUIPMENT MAINTENANCE TECHNICIAN: Mr. Engemoen stated that a current employee has been out on medical leave since approximately October 2003 and his return date is unknown. In the meantime, Mr. Engemoen continued, Fleet Services in falling behind in service to clients. The position would be funded by current enterprise fees and was anticipated for the 2005. Mr. Nohava stated that Fleet Services have increased without additional employees, so the request is to expedite the 2005 position to 2004. The Board expressed no concerns.

MOTION

Commissioner Gibson moved that the Board of County Commissioners approve and authorize the hiring of an additional full time employee for Fleet Services.

Motion carried 3 - 0.

6. REQUEST FOR SPONSORSHIP FOR CINCO de MAYO CELEBRATION: Mr. Lancaster noted that a request for a $1,000 donation to the celebration has been received and stated that the Board has sponsored the celebration in the past. The Board concurred that the celebration is a community event and beneficial to all citizens.

MOTION

Commissioner Gibson moved that the Board of County Commissioners approve $1,000 from Commissioners' Special Projects fund for the Fort Collins Cinco de Mayo Celebration.

Motion carried 3 - 0.

7. WORK SESSION: Mr. Lancaster stated that a letter has been received from the Department of Wildlife (DOW) requesting the controlling of CWD on County open space. Commissioner Gibson asked if DOW has the support of surrounding property owners and Mr. Lancaster was not sure. Commissioner Bender stated that those areas proposed need to be thinned. Mr. Lancaster suggested a work session with staff from DOW; the Board concurred.

Mr. Lancaster informed the Board that the Elections Department would be moving to the fifth floor.

Mr. Lancaster stated that a letter had been received from Mr. Rick Zier regarding the subjective portion of the County Noise Ordinance and asked if the Board would like a work session to address the issue. Chair Rennels suggested staff research how other counties deal with the issue. Mr. Lancaster stated that Larimer County leads the way with the "subjective portion" due to previous situations throughout the County. The Board concurred with a work session.

Ms. Hart stated that it is time to address the Summer County picnic and asked if the Board is interested in subsidizing Six Flags tickets again this year. Ms. Hart stated that if she could respond today, ticket prices would be the same as last year; $17 with employees paying $12, at a maximum cost to the County of $2,500.

MOTION

Commissioner Gibson moved that the Board of County Commissioners authorize up to $2,500 from Commissioners' Special Projects fund for the purchase of Six Flags tickets for the Summer County picnic.

Motion carried 3 - 0.

Mr. Gluckman provided the Board with an update regarding legislative issues and which ones should be pursued.

Mr. Lancaster provided the Board with an update regarding the prioritization of the 2005 budget.

8. COMMISSIONER REPORTS: The Board noted their attendance at events the previous week. (At this time Commissioner Gibson excused himself from the meeting)

9. LEGAL MATTERS: Mr. Ayraud provided the Board with an ordinance for the regulation of traffic by the County and adopting by reference the 2003 edition of the Model Traffic Code for Colorado Municipalities and requested approval of the first reading.

MOTION

Commissioner Bender moved that the Board of County Commissioners approve the first reading of the Ordinance for the Regulation of Traffic by the County of Larimer, Colorado; Adopting by reference the 2003 Edition of the "Model Traffic Code for Colorado Municipalities"; repealing all ordinance provisions in conflict therewith.

Motion carried 2 - 0.

01132004O001 THE FIRST READING OF THE ORDINANCE FOR THE REGULATION OF TRAFFIC BY THE COUNTY OF LARIMER, COLORADO; ADOPTING BY REFERENCE THE 2003 EDITION OF THE "MODEL TRAFFIC CODE FOR COLORADO MUNICIPALITIES"; REPEALING ALL ORDINANCE PROVISIONS IN CONFLICT THEREWITH.

There being no further business, the meeting adjourned at 10:50 a.m.

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KATHAY RENNELS, CHAIR

BOARD OF COMMISSIONERS

SCOTT DOYLE

CLERK AND RECORDER

(S E A L)

A T T E S T

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Jean M. O'Connor, Clerk to the Board