MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

Monday, February 2, 2004

LAND USE HEARING

(#9)

The Board of County Commissioners met with Rob Helmick, Senior Planner; Chair Pro-Tem Gibson presided and Commissioner Bender was present. Also present were Matt Lafferty, Al Kadera and Claudia DeLude, Planning Department; Doug Ryan, Health Department, Roxann Hayes, Engineering Department; Jeannine Haag, Assistant County Attorney; and Dawn Stroh, Recording Clerk.

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

  1. AMENDED PLAT OF LOTS 7-9 OF COLLAND CENTER 3RD FILING SUBDIVISION AND EASEMENT VACATION: A PORTION OF THE N 1/2 OF SECTION 24; T6N; R69W; MORE SPECIFICALLY LOCATED AT THE NORTHEAST CORNER OF COLLAND DRIVE AND HIGHWAY 287, SOUTH OF FORT COLLINS
  2. This is a request for an Amended Plat to combine Lots 7, 8 & 9 of the Colland Center 3rd Filing Subdivision and to vacate the existing utility, alley and drainage easement along the northerly boundary of Lot 7. Staff findings include 1. The proposed Amended Plat for Lots 7, 8 & 9 of Colland Center 3rd Filing Subdivision complies with the review Criteria of the Larimer County Land Use Code for Amended Plats; 2. The proposed Amended plat for Lots 7, 8 & 9 of Colland Center 3rd Filing Subdivision will not adversely affect the surrounding properties or the natural environment. Staff recommendation is approval with 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 August 2, 2004 or this approval shall be null and void; 2. Prior to the Recordation of the Amended plat the applicant shall resolve all of the issues raised by Lisa Dunn as found in the referral letter from the County Engineering Department dated January 8, 2004.

    MOTION

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

    Motion carried 2 - 0.

  3. STRAUSER ZONING VIOLATION: 7229 N. COUNTY ROAD 19

Ms. DeLude requested this item be tabled to March 22, 2004 at 3:00 p.m.

MOTION

Commissioner Bender moved that the Strauser Zoning Violation be tabled to March 22, 2004 at 3:00 p.m.

Motion carried 2 - 0.

3. AMENDMENTS TO THE LARIMER COUNTY LAND USE CODE

Mr. Douglas Bachli expressed concerns regarding the architectural interpretation of the Accessory Living area and how property owners are to modify existing structures to meet the Land Use Code.

Upon further discussion concerning the lease/rent and safety issues, Mr. Kadera suggested the Board remove this item from the agenda.

MOTION

Commissioner Bender moved that the Board of County Commissioners removed Amendments to the Land Use Code from the agenda.

Motion carried 2 - 0.

There being no further business, the hearing adjourned at 3:28 p.m.

ADMINISTRATIVE MATTERS

(#9 & 11)

The Board of County Commissioners met with Frank Lancaster, County Manager; Chair Rennels presided and Commissioner Gibson was present. Also present were Ginny Riley, Glen Rathgeber and Laura Sartor, Human Services; Melinda Keen, Neil Gluckman, Donna Hart and Deni La Rue, Commissioners' Office; Candace Phippen and Tom Garton, Building Department; George Hass, Jeannine Haag, and David Ayraud, County Attorneys' Office; and Jean O'Connor, Clerk to the Board.

  1. PUBLIC COMMENT: None

2. APPROVAL OF THE MINUTES FOR THE WEEK OF JANUARY 26, 2004:

MOTION

Commissioner Gibson moved that the Board of County Commissioners approve the minutes for the week of January 26, 2004 as presented.

Motion carried 2 - 0.

3. REVIEW OF THE SCHEDULE FOR THE WEEK OF FEBRUARY 9, 2004: 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:

02032004A001 DEVELOPMENT AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND COULSON EXCAVATING CO. FOR BOYD GRAVEL PIT SPECIAL REVIEW

02032004A002 INTERGOVERNMENTAL AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE CITY OF GREELEY FOR THE ACCEPTANCE OF THE JACOBY CONSERVATION EASEMENT

02032004A003 AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND COLORADO STATE UNIVERSITY BOARD OF GOVERNORS FOR INVENTORY RESEARCH

02032004D001 DEED OF DEDICATION OF PROPERTY FOR USE AS A PUBLIC HIGHWAY BY IRONWOOD PLAZA, LLC (Dawn Avenue)

02032004D002 DEED OF CONSERVATION EASEMENT BY LARIMER COUNTY IN FAVOR OF THE CITY OF GREELEY (Jacoby Property)

02032004R001 FINDINGS AND RESOLUTION APPROVING AN AMENDED PLAT IN HIAWATHA HEIGHTS BLOCK 28 LOTS 1 AND 8, BLOCK 34

02032004R002 RESOLUTION SUPPORTING THE AGREEMENT BETWEEN LARIMER COUNTY AND THE STATE BOARD OF GREAT OUTDOORS COLORADO TOWARD THE DEVELOPMENT OF FACILITIES AT FOSSIL CREEK RESERVOIR REGIONAL OPEN SPACE

MISCELLANEOUS: Larimer County Treasurer's Six Month Report and 2004 - 2005 Community Services Block Grant application and plan.

LIQUOR LICENSES: The following license was approved Coach House Lounge- Transfer of Ownership- Tavern- Loveland, CO. The following licenses were issued Boyd Lake Marina, Inc- 3.2%- Loveland, CO and Castillon's Mexican Restaurant- Transfer of Ownership- Hotel & Restaurant- Fort Collins, CO.

Motion carried 2- 0.

5. APPRECIATION OF JOB WELL DONE FOR JIM DEVORE: Mr. Lancaster stated that an email had been received from a very appreciative business, Azari Fruit Project expressing Mr. Devores' high quality of professionalism. Mr. Ed Schemm from the Health Department accepted the Board's appreciation on behalf of Mr. Devore and the entire department.

6. INCREASE REIMBURSEMENT RATES FOR CHILDCARE ASSISTANCE PROGRAM: Ms. Riley stated that providers have not received an increase in two-years and that the County is required to remain competitive in accordance with Federal regulations. Ms. Riley further noted that funding the increase would come from TANF reserves for the period of March 2004 through December 2004. Commissioner Gibson asked why the 75th percentile was being considered as opposed to the 50th and Ms. Riley noted that the 75th is a recommendation from the State.

MOTION

Commissioner Gibson moved that the Board of County Commissioners approve the proposed rate structure increasing reimbursement rates.

Motion carried 2 - 0.

7. APPROVAL OF REVISED ESTES VALLEY BOARD OF ADJUSTMENT EVBA) BYLAWS: Ms. Keen stated that the Board previously approved bylaws for the EVBA, however some details were omitted and requested the Board rescind the December 15, 2003 approval and approve the revised bylaws.

MOTION

Commissioner Gibson moved that the Board of County Commissioners rescind the Estes Valley Board of Adjustment bylaws approved December 15, 2003.

Motion carried 2 - 0.

MOTION

Commissioner Gibson moved that the Board of County Commissioners approve the revised Estes Valley Board of Adjustment bylaws.

Motion carried 2 - 0.

MISCELLANEOUS: Estes Valley Board of Adjustment bylaws

8. APPROVAL OF THE FAIR BOARD BYLAWS: Ms. Keen requested approval of the Fair Board Bylaws as presented.

MOTION

Commissioner Gibson moved that the Board of County Commissioners approve the Fair Board Bylaws as presented.

Motion Carried 2 - 0.

MISCELLANEOUS: Fair Board By Laws

9. WORK SESSION: Mr. Lancaster stated that currently the County has provided parking spaces for elected officials in the new parking lot and asked if parking in the parking structure should continue to be subsidized for those individuals. Consensus of the Board is to offer either the parking lot or the parking structure but not both.

Mr. Lancaster suggested the Board delegate the decision regarding fire bans to the Sheriff citing the effort to initiate and coordinate fire bans more effectively with the other agencies. The Board concurred but requested notification of a ban prior to initiation of the ban.

Mr. Lancaster stated that the joint meeting with the City of Fort Collins is approaching and requested agenda topics and noted suggestions from Commissioner Bender.

Mr. Lancaster stated that during the re-classification process, some positions were classified as exempt but should have been non-exempt. The situation is currently being corrected, however when the budget is revised overtime pay for those employees affected needs to be allocated back to those departments. Mr. Lancaster stated the total amount should not exceed $20,000 and should only affect emergency service personnel.

Mr. Lancaster stated that he met with the City of Loveland and the City of Fort Collins' managers this morning and it was suggested that the Board hold 3-way meetings instead of individual meetings on the 5th Tuesday of each month. The Board concurred.

Mr. Lancaster distributed a draft form to be used for budget 2005 comments and requested the Boards' input.

Mr. Gluckman updated the Board on legislative matters.

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

11. LEGAL MATTERS: Mr. Ayraud requested the second and final reading of the Traffic Code Ordinance and adoption thereof for compliance with current State Statute.

MOTION

Commissioner Gibson moved that the Board of County Commissioners approve the Ordinance Adopting a Traffic Code for Larimer County

Motion carried 2 - 0.

02032004O001 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; AND REPEALING ALL ORDINANCE PROVISIONS IN CONFLICT THEREWITH

EXECUTIVE SESSION (#10)

MOTION

Commissioner Gibson moved that the Board of County Commissioners go into executive session at 10:40 a.m. and cited 24-6-402 (4)(b) C.R.S.

Motion carried 2 - 0.

Executive session ended at 10:50 a.m.; no action was taken.

EXECUTIVE SESSION (Affidavit provided)

MOTION

Commissioner Gibson moved that the Board of County Commissioners go into executive session at 10:55 a.m. and cited 24-6-402(4)(b).

Motion carried 2 - 0.

Executive session ended at 11:05 a.m. and the following action was taken.

MOTION

Commissioner Gibson moved that the Board of County Commissioners authorize the County Attorney to represent and defend the following Sheriff Department employees John Feyen, Steve Holloway and Bill Eckrich.

Motion carried 2 - 0.

Mr. Garton stated that the Sierra Permits Plus system used in the Building Department presents a problem when a permit expires and the home is resold, the new owner is "stuck" with potential problems. Currently there are approximately 55 expired permits.

Ms. Phippen stated the resulting problem requires staff to come to the Board at administrative matters and request permission to commence legal action. Ms. Phippen suggested that staff bring these items to the Board during Land Use Hearings in much the same manner as a zoning violation. Consensus of the Board is to pursue action at land use hearings on a trial basis.

Ms. Phippen expressed frustration with a situation in the Estes Valley area and that the Town suggests it is a Building Code violation but staff believes it is a zoning violation and in the mean time, nothing is getting resolved. The Board suggested staff and Mr. Legg work with the Town to resolve the issue.

Chair Rennels expressed concern with the procedures regarding citations to liquor establishments and requested discussion with Ms. Cookman at next week's administrative matters.

There being no further business, the meeting adjourned at 12:35 p.m.

PEDESTRIAN BRIDGE HEARING

(#11)

The Board of County Commissioners met with Frank Lancaster, County Manager; Chair Rennels presided and Commissioners Bender and Gibson were present. Also present were Michael Torgerson, Developer and Jean O'Connor, Clerk to the Board.

Mr. Lancaster briefed the Board regarding the Pedestrian Bridge from the Opera Galleria Building to the Parking Structure, which the County holds an interest.

Mr. Torgerson stated that three units are planned atop the Opera Galleria building, which would connect to the parking structure for the benefits of those units but that neither would be visible from College Avenue.

Chair Rennels asked the estimated value of the units and Mr. Torgerson stated $200 - $300 per sq./ft. Mr. Torgerson further noted that the Galleria is currently contracted with the City of Fort Collins to rent 71 spaces and the proposed unites would commit to 7 of those spaces indefinitely.

Chair Rennels stated that the parking structure was built with public dollars and clarified that a private developer is requesting private use of some of the spaces. Chair Rennels noted that a value needs to be assessed on those private parking spaces and that the units become much more valuable with reserved parking.

Commissioner Bender noted that Open Land purchases provide an increased value to adjacent properties, and agreed that this project would do the same.

Mr. Torgerson stated that the City of Fort Collins has also established that a value for the spaces should be determined and that amount charged and requested the Board approve the proposal.

Chair Rennels reiterated that additional information is necessary, including conversations between the developer and the City of Fort Collins, prior to a decision.

Mr. Lancaster suggested staff and the developer work with Mr. Spencer and return to the Board with a suggested value.

Chair Rennels noted there is no public present for this item.

There being no further business, the hearing adjourned at 2:30 p.m.

____________________________________

KATHAY RENNELS, CHAIR

BOARD OF COMMISSIONERS

SCOTT DOYLE

CLERK AND RECORDER

(S E A L)

A T T E S T

________________________________ ________________________________

Dawn Stroh, Recording Clerk Jean M. O'Connor, Clerk to the Board