Loveland Bike Trail
 

MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

Monday, February 9, 2004

LAND USE HEARING

(#12)

The Board of County Commissioners met with Rob Helmick, Senior Planner; Chair Rennels presided and Commissioners Bender and Gibson were present. Also present were Doug Ryan, Health Department; Sean Wheeler, Planning Department; Christie Coleman, Engineering Department; Dawn Stroh, Clerks' Office; Jeannine Haag, Assistant County Attorney, and Jean O'Connor, Clerk to the Board.

Mr. Lew Lackman commented that the Board should give more consideration to the District Attorneys' (DA) office during the 2005 budget process. Mr. Lackman noted that the population has increased, crime has increased, workload in the DA's office has increased; yet personnel has not.

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

  1. EHRLICH MINOR LAND DIVISION: SOUTHWEST CORNER OF THE INTERSECTION OF INTERSTATE 25 AND STATE HIGHWAY 402, SOUTHWEST OF LOVELAND

This is a request to divide a 62.83-acre site into 1 buildable lot, and 1 non-buildable lot as a Minor Land Division (MLD). Lot 1 is shown as 5.3 acres on the plat, and will include the existing residential use. Lot 2 will include the balance of the site and will be non-buildable. Staff findings include 1. The Ehrlich MLD is consistent with the review criteria and standards of Section 5.4 (Minor Land Division) of the Larimer County Land Use Code, provided the applicant complies with all conditions of approval; 2. The Ehrlich MLD is not part of a previously recorded subdivision, exemption or Minor Residential Development, and is eligible for the Minor Land Development Process; 3. The Ehrlich MLD will exceed the minimum lot size requirements for the FA-Farming Zone District where it is located; 4. The parcels created can meet the minimum access standards of the County Engineering Department, provided the applicant complies with the requirements outlined in the Staff comments from the County Engineer's office dated January 6, 2004; 5. The Ehrlich MLD will not result in any negative impacts to surrounding properties or uses. Staff recommendation is approval with the following conditions 1. The Final Plat for the Ehrlich Minor Land Division must show the proper amount of dedicated right-of-way along State Highway 402 being 100-feet; 2. The property owner must provide detailed location and sight distance information for the proposed access points for review and approval by the County Engineering Department prior to recording the Final Plat for the Ehrlich MLD. Access construction on County Road 7, or work within the right-of-way will require an Access and Utility Permit from the County Engineer; 3. The applicant property owner is responsible for the payment of the Transportation Capital Expansion Fees at the time of building permit, in accordance with duly enacted fee regulations then in effect; 4. Lot 2 of the Ehrlich Minor Land Division is subject to restrictions on single family residential building permits, until future development is approved by the appropriate jurisdiction either through the Conservation Development process or Annexation.

MOTION

Commissioner Bender 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 3:10 p.m.

TUESDAY, FEBRUARY 10, 2004

ADMINISTRATIVE MATTERS

(#12 & 13)

The Board of County Commissioners met with Frank Lancaster, County Manager; Chair Rennels presided and Commissioners Bender and Gibson were present. Also present were Gary Buffington, Mark Caughlan, Dan Rieves, and Christine Fleming, Parks Department; Donna Hart, Neil Gluckman, and Deni La Rue, Commissioners' Office; Gael Cookman and Dawn Stroh, Clerks' Office; Russ Legg, Planning Department; and Jean O'Connor, Clerk to the Board.

1. PUBLIC COMMENT: Mr. Glen Wirth requested the Board consider waiving the County fees associated with the liquor license for Inlet Bay Marina noting that he was unaware that he should keep the license current while Horsetooth Reservoir was closed for 3 - 5 years.

2. APPROVAL OF THE MINUTES FOR THE WEEK OF FEBRUARY 2, 2004:

MOTION

Commissioner Gibson moved that the Board of County Commissioners approve the minutes for the week of February 2, 2004 as presented.

Motion carried 3 - 0.

3. REVIEW OF THE SCHEDULE FOR THE WEEK OF FEBRUARY 16, 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 minus the liquor license for The Corner Pub:

02102004A001 DEVELOPMENT AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND PAUL A AND SARAH F POND FOR PANORAMIC VIEW SUBDIVISION

021012004A002 WARRANTY COLLATERAL AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND HOWARD AND LOU ANN DeLOZIER FOR LAKE CANAL SUBDIVISION

02102004A003 AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND BOTTLING GROUP, INC d/b/a THE PEPSI BOTTLING GROUP FOR POURING RIGHTS

02102004R001 FINDINGS AND RESOLUTION APPROVING THE BROWN APPEAL

02102004R002 FINDINGS AND RESOLUTION APPROVING AN AMENDED PLAT IN COLARD MINOR RESIDENTIAL DEVELOPMENT

02102004R003 RESOLUTION REGARDING RELEASE OF COLLATERAL FOR LAKE CANAL SUBDIVISION

02102004R004 RESOLUTION FOR STATUTORY VESTED RIGHTS FOR PANORAMIC VIEW SUBDIVISION

02102004R005 NOTICE AND COVENANT EXTINGUISHING BUILDING SITE ON PROPERTY LOCATED IN SECTION 20, TOWNSHIP 6 NORTH, RANGE 69W IN LARIMER COUNTY

MISCELLANEOUS: Appointment of Ray Nieder to the Estes Valley Public Library District commencing January 1, 2004 and expiring December 31, 2007; Re-appointment of Lewis Hagler to the Larimer/Weld Revolving Loan Fund commencing January 1, 2004 and expiring December 31, 2007; Panoramic View Subdivision Final Plat.

LIQUOR LICENSES: The following licenses are both approved and issued; Hilltop General Store- Retail- Red Feather Lakes, CO; and Hilltop General Store- 3.2%- Red Feather Lakes, CO. The following license was approved Pool Tyme, LLC- Change of Corporate Structure- Loveland, CO.

Motion carried 3 - 0.

5. STRATEGIC PLAN VISION STATEMENTS: Mr. Gluckman reviewed the six provocative statements for the strategic plan and requested approval to move forward. Consensus of the Board is for Mr. Gluckman to continue forward with the plan.

LEGISLATIVE UPDATE: Mr. Gluckman provided the Board with an update regarding legislative issues, which could impact the County.

6. DISCUSSION OF LIQUOR LICENSE ISSUES: Chair Rennels noted that she did not recall an establishment by the name "The Corner Pub" and asked Ms. Cookman to identify it. Ms. Cookman stated that the establishment was once called "The Drink - N- Dawg" and that the Board approved a name change last October.

MOTION

Commissioner Bender moved that the Board of County Commissioners approve and issue the liquor license for The Corner Pub.

Motion carried 3 - 0.

The Corner Pub- Tavern- LaPorte, Co

MOTION

Commissioner Bender moved that the Board of County Commissioners approve waiving the County fees associated with the liquor license for Inlet Bay Marina and waiving the petitioning and background check for the application.

Motion carried 3 - 0.

Chair Rennels requested Ms. Cookman start including additional information on the cover sheets for liquor licenses such as "previously known as..."

Discussion ensued regarding the number of citations being issued to several establishment patrons and requested Ms. Cookman send a letter to each establishment noting the incidents and that the Board is aware of the situations.

Ms. Cookman noted that Club Osirus is "treading on thin ground" and that the Sheriff's office has stepped up bar checks at the establishment.

7. DISCUSSION OF LAW ENFORCEMENT OF COUNTY PARK RANGERS: Chair Rennels stated that concerns have been raised regarding the Windjammer and park rangers. Commissioner Gibson asked if it is necessary for park rangers to be armed and questioned if authority is being abused. Mr. Buffington stated that before rangers were armed, complaints at Carter Lake were that families could no longer visit the park due the increasing number of gangs, alcohol and associated problems. Mr. Buffington further noted that if complaints are being received regarding "heavy handed" rangers, then he needs to know. Much discussion ensued regarding the duties of park rangers and a balance with law enforcement.

8. DISCUSSION OF RESTRUCTURING THE HORSETOOTH RANGER PROGRAM: Mr. Buffington noted that Horsetooth Reservoir would be re-opening this year and stated that he would like to structure that park in the same way as the Blue Mountain District. Currently, Mr. Buffington continued, there is not a position for a "Senior Park Ranger" so the restructuring would result in layoffs in other areas.

MOTION

Commissioner Gibson moved that the Board of County Commissioners approve the restructuring of the Horsetooth Ranger Program.

Motion carried 3 - 0.

9. LITTLE VALLEY ZONING VIOLATION: Mr. Legg explained the Intergovernmental Agreement (IGA) between the County and the Town of Estes Park and which municipality is responsible for enforcement. Mr. Legg further noted that the property in question is not part of the Little Valley HOA, but that there is a scrap between the two. Chair Rennels suggested that Mr. Legg work with the Town and send a letter to the HOA encouraging open communication between all parties. Mr. Legg suggested a work session between the Board and the Town regarding the Towns' Plan and enforcement.

10. POLICY GOVERNANCE REPORT: Mr. Lancaster stated that most areas are in compliance, however there are a couple exceptions. Some of the improvement districts are not in compliance, which is fairly normal due to the way improvement districts operate. The Health and Environment Department, did not revise their budget after the allocation of funds to fight the West Nile virus, is also out of compliance. Also, Mr. Lancaster continued, due to some complications in the new payroll system, funds planned to be taken from the 2004 budget, are now being taken from both the 2003 and 2004 budgets, which departments did not plan for.

11. WORK SESSION: Mr. Lancaster distributed a response from Mr. Torgerson with respect to a value for the parking spaces and the lofts proposed atop of the Opera Galleria. Chair Rennels respectfully disagreed with the assessment provided by The Group and stated that she could not support the proposal without compensation to the County. Commissioner Bender agreed. Chair Rennels directed staff to draft a letter requesting an appraiser and to try to get one that is mutually agreed upon.

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

13. LEGAL MATTERS: None

There being no further business, the meeting adjourned at 11:10 a.m.

PETITION FOR ABATEMENT HEARING

ACE CLEANING ENTERPRISES, INC

(#13)

The Board of County Commissioners met with Lindsay Kuntz, Assessors' Office; Chair Rennels presided and Commissioners Bender and Gibson were present. Also present were Barb Gunzenhauser and Brooke Walser, Assessors' Office; Dawn Stroh, Clerks' Office; and Jean O'Connor, Clerk to the Board.

Ms. Kuntz stated that the petitioner is protesting taxes for both 2001 and 2002 based on the drought during those years. Ms. Kuntz stated that the parcel is zoned agricultural, for which the assessment is based on a 10-year average. Staff is recommending denial of the petitions.

The Board concurred with staff. Chair Rennels noted that neither the petitioner nor any public is present to comment on this item.

MOTION

Commissioner Bender moved that the Board of County Commissioners deny the petitions from Ace Cleaning Enterprises, Inc for the years 2001 and 2002.

Motion carried 3 - 0.

There being no further business, the hearing adjourned at 2:40 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: Loveland Bike Trail by Sharon Veit. All rights reserved.