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MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

Monday, January 26, 2004

LAND USE HEARING

(#6)

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, Planning Department; Christie Coleman, Engineering Department; Doug Ryan, Health Department; Dawn Stroh, Clerks' Office; Jeannine Haag, Assistant County Attorney; and Jean O'Connor, Clerk to the Board.

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

  1. AMERICAN TOWER SPECIAL REVIEW09-07-68; ON THE NORTH SIDE OF HARVESTER COURT, NORTH OF MULBERRY, THE WEST OF THE I-25 FRONTAGE ROAD

This is a Special review request to extend the height of a 100-foot monopole cell tower an additional 20 feet for a total tower height of 120' in a c-commercial district. Staff recommendation is approval with the following conditions 1. Operation of the American Tower Special Review shall be as specified in the representations of the applicant and in the information contained in File #03-Z1490 except as modified by conditions of approval; 2. The road must be inspected and approved by Larimer County Engineering prior to issuance of any building permits; 3. The drawings referenced in this report and submitted by the applicant constitute a Site Specific development plan. All proposed improvements shall be constructed in strict compliance with these approved plans. The applicant may make minor adjustments to the layout of equipment within the leased area only without further County review, so long as such changes do not violate the code sections noted above; 4. Drainage patterns should not be altered with the improvements. If drainage patterns are changed, a drainage plan shall be submitted to the Engineering Department for review and approval. The Engineering Department requires that measures be taken to control erosion and sedimentation during all phases of construction. Any disturbed areas shall be repaired to a condition equal or better than the existing condition; 5. Building permits are required for the construction of the tower extension.

MOTION

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

Motion carried 3 - 0.

There being no further business, the hearing adjourned at 3:05 p.m.

ADMINISTRATIVE MATTERS

(#6 & 7)

(Audio Equipment not working, portable recorded used)

The Board of County Commissioners met with Neil Gluckman, Assistant County Manager; Chair Rennels presided and Commissioners Bender and Gibson were present. Also present were Gary Buffington, K-Lynn Cameron, Meegan Flenniken, Jerry White, and Charlie Johnson, Parks and Open Lands; Claudia DeLude, Larry Timm and Candace Phippen, Planning Department; Deni La Rue, Commissioners' Office; Jeannine Haag, County Attorneys' Office; Dawn Stroh, Clerks' Office; and Jean M. O'Connor, Clerk to the Board.

  1. PUBLIC COMMENT: The following citizens expressed concern with allowing the Colorado Department of Wildlife to harvest deer off the following County Open Space areas Horsetooth Mountain Park, Redtail Ridge, Devil's Backbone, and Eagles Nest. Ms Diane Morrison, Dennis and Stephanie White, W.D. Brown, Jim Woodward, and Shirley Parrish.

2. APPROVAL OF THE MINUTES FOR THE WEEK OF JANUARY 19, 2004:

MOTION

Commissioner Bender moved that the Board of County Commissioners approve the minutes as presented.

Motion carried 3 - 0.

3. REVIEW OF THE SCHEDULE FOR THE WEEK OF FEBRUARY 2, 2004: Mr. Gluckman reviewed the schedule with the Board.

4. CONSENT AGENDA:

MOTION

Commissioner Gibson moved that he 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 Northpark Place, LLC; Weston; Hearthfire, Inc. (4); and Reed.

01272004A001 AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND NORTH FRONT RANGE MPO FOR USE AND BENEFIT OF THE LARIMER COUNTY DEPARTMENT OF HUMAN SERVICES OFFICE ON AGING PROGRAM

01272004A002 MEMORANDUM OF AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE REESE AND MOORE, LLC dba THE FORKS MERCANTILE TO PROVIDE WATER

01272004A003 AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND REHABILITATION & VISITING NURSE ASSOCIATION FOR THE USE AND BENEFIT OF LARIMER COUNTY DEPARTMENT OF HUMAN SERVICES OFFICE ON AGING PROGRAM

01272004A004 AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND DAVID M. BENNETT, CRIMINAL JUSTICE CONSULTANT FOR PROFESSIONAL SERVICES

01272004A005 AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE TOWN OF WELLINGTON FOR THE USE AND BENEFIT OF THE SHERIFF'S DEPARTMENT FOR LAW ENFORCEMENT

01272004A006 DEVELOPMENT AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND CARL AND JULIE BRUNSWIG FOR IRONWOOD PLAZA PLANNED LAND DIVISION

01272004A007 DEVELOPMENT AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND TOP FIVE, INC. AND BACKBONE MEADOWS HOMEOWNERS ASSOCIATION FOR THE BACKBONE MEADOWS SUBDIVISION

01272004D001 DEED OF DEDICATION OF PROPERTY FOR USE AS A PUBLIC HIGHWAY BY COTTONWOOD FARMS I, LLC

01272004R001 FINDINGS AND RESOLUTION CONCERNING THE CARSON'S REZONING

01272004R002 RESOLUTION FOR STATUTORY VESTED RIGHTS FOR LOT 1 OF THE AMENDED PLAT OF LOTS 15, 16 & 17, SUNRISE ACRES 5TH FILING

MISCELLANEOUS: Department of Human Services payment for December 2003; Annual Certification of Larimer County Road mileage to Colorado Department of Transportation; Final Plat for Backbone Meadows Subdivision; and Amended Plat of Lots 15, 16 & 17 of Sunrise Acres 5th Filing.

LIQUOR LICENSES: The following licenses were both approved and issued Branding Iron Liquor- Retail- LaPorte, CO; Glen Haven Inn- H & R- Glen Haven, CO. The following license was issued: Burger Bay- 3.2%- Loveland, CO.

Motion carried 3 - 0.

5. RECOGNITION OF DEB PIERSON: Commissioner Bender noted that Ms. Pierson, this past Veteran's Day, placed markers on seven previously unmarked veteran grave sites in County cemeteries, thus completing 90 out of 93 sites. The Board expressed appreciation to Ms. Pierson for her dedication to County veterans over the years.

6. DISCUSSION OF CHRONIC WASTING DISEASE MANAGEMENT WITH THE DIVISION OF WILDLIFE: Mr. Fred Quartarone stated that again this year, the Division of Wildlife (DOW) is requesting to cull deer on County open lands. Specifically, the DOW would like to cull deer from the following properties Redtail Ridge (15); Devil's Backbone (12); Horsetooth Mountain Park (8); and Eagles Nest (12) in an effort to minimize the potential spread of Chronic Wasting Disease (CWD).

Commissioner Gibson asked about testing the animals live and Mr. Quartarone stated that tonsil biopsy is available and is used as a research tool in Estes Park due to the "friendliness" of the animal in the area. However, open range animals are much more difficult to catch.

Commissioner Bender noted that when Horsetooth Mountain Park was donated there was a deed restriction prohibiting hunting on the land. Chair Rennels asked if tranquilizing in that area would be considered hunting and Mr. Buffington suspected that it would not be considered hunting.

Chair Rennels stated that there may not be an answer to CWD, however hunting has a tremendous economic benefit to the State, therefore research must continue. Chair Rennels stated that she is against aerial shooting and prefers the DOW cull the same number of animals as last year for comparison purposes. Chair Rennels further noted that during public comment, citizens suggested that the general public be allowed to harvest the animals instead of DOW. Mr. Quartarone stated that DOW prefers to harvest the animals because the success rate is higher.

Ms. Flenniken stated that Open Lands staff also prefers DOW do the hunt due to trespassing issues in the remote areas and the number of homes in other areas.

Commissioner Gibson stated that culling has been done for 2-years and asked what has been accomplished. Mr. Quartarone stated that it is too early to evaluate but that DOW is trying to maintain the size of known infected herds.

MOTION

Commissioner Bender moved that the Board of County Commissioners authorize the DOW to cull animals in the following manner: Redtrail Ridge- 15 animals via trapping and investigate hunting in the future. Devil's Backbone (Indian Creek)- 12 animals via trapping except that rifles are permitted on Indian Creek. Horsetooth Mountain Park- 8 animals via tranquilizer and tonsil biopsy testing. Eagles Nest- no culling at all.

Mr. Quartarone asked if the County would share the cost of tranquilizing and Commissioner Bender asked what the cost would be. Mr. Quartarone stated that he did not know but would get back to the Board.

Motion carried 3 - 0.

7. HIDDEN VALLEY INTERGOVERNMENTAL AGREEMENT (IGA): Ms. Cameron requested the Board approve the IGA with the City of Loveland for the Hidden Valley open lands project. Commissioner Gibson noted that the County would maintain the property in perpetuity so he could not support the IGA. Chair Rennels pointed out that the IGA could be amended with notice to the other party.

MOTION

Commissioner Gibson moved that the Board of County Commissioners approve the Hidden Valley Intergovernmental Agreement.

Motion carried 3 - 0.

01272004A008 INTERGOVERNMENTAL AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE CITY OF LOVELAND FOR HIDDEN VALLEY I REAL PROPERTY PURCHASE AND MANAGEMENT

8. JACOBY PROPERTY ACQUISITION: Ms. Cameron stated that negotiations are complete and mineral right issues are resolved. This parcel, Ms. Cameron continued, is the last piece necessary to complete the trail from Greeley to Bellvue and requested approval.

MOTION

Commissioner Bender moved that the Board of County Commissioners approve a resolution for the acquisition of the Jacoby property.

Motion carried 3 - 0.

01272004R003 RESOLUTION FOR THE ACQUISITION OF THE JACOBY PROPERTY

MOTION

Commissioner Bender moved that the Board of County Commissioners approve the agreement for purchase of the Jacoby property.

Motion carried 3 - 0.

01272004A009 AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE CITY OF FORT COLLINS FOR THE PURCHASE AND SALE OF REAL PROPERTY (Jacoby)

9. WORK SESSION: Mr. Ryan explained the procedure for comments regarding the Early Action Compact for Ozone and noted that the Board could provide written comments or request party status, which would allow verbal comments at the hearing. Consensus of the Board is to request party status and request Mr. Ryan to attend the hearing.

10. LEGAL MATTERS:

EXECUTIVE SESSION

MOTION

Commissioner Gibson moved that the Board of County Commissioners go into executive session at 11:20 a.m. and cited 24-6-402 (4)(b) C.R.S.

Motion carried 3 - 0.

Executive session ended at 11:35 a.m.; no action was taken.

MOTION

Commissioner Bender moved that the Board of County Commissioners go into executive session at 11:37 a.m. and cited 24-6-402 (4)(a).

Motion carried 3 - 0. (Due to audio problems, the Clerk to the Board provided an affidavit for this session)

Executive session ended at 12:00 p.m.; no action was taken.

11. COMMISSIONER REPORTS: The Board noted their attendance at events last week.

12. WORK SESSION cont.: Mr. Gluckman stated that the County and the City of Fort Collins annually host Leadership Fort Collins and requested the Board assist with expenses up to $300 from the Special Projects Fund.

MOTION

Commissioner Gibson moved that the Board of County Commissioners authorize up to $300 from Commissioners' Special Projects Fund to defray costs associated with Leadership Fort Collins.

Motion carried 3 - 0.

Mr. Gluckman reviewed several legislative issues with the Board and made the following recommendations: Senate Bill (SB) 121- oppose; House Bill (HB) 1018- oppose; HB 1099- support with titles only- the Board requested Mr. Gluckman notify the County delegation; SB 91- Mr. Gluckman informed the Board that private hailers would be allowed to continue trash pick-up even if the property is annexed into a municipality.

Chair Rennels stated that two resolutions approved last week need to be rescinded because they did not proceed to the Board through the correct administrative process.

MOTION

Commissioner Bender moved that the Board of County Commissioners rescind resolutions 01202004R002 & 012102004R003.

Motion carried 3 - 0.

There being no further business, the meeting adjourned at 12:25 p.m.

_________________________________

KATHAY RENNELS, 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.