MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

Monday, April 5, 2004

LAND USE HEARING

(#35 & 36)

The Board of County Commissioners met with Rob Helmick, Senior Planner; Chair Rennels presided and Commissioners Bender and Gibson were present. Also present were Claudia DeLude, Al Kadera, Matt Lafferty, and Geniphyr Ponce- Pore, Planning Department; Jim Reidhead, Rural Land Use Center; Tony Simons, Wildfire Safety Specialist; Doug Ryan, Health Department; Traci Downs and Christie Coleman, Engineering Department; George Hass, County Attorney; and Jean O'Connor, Clerk to the Board.

Chair Rennels stated that at the request of staff, the following items are tabled to April 26, 2004:

1. TIDWELL ZONING VIOLATION

MOTION

Commissioner Bender moved that the Board of County Commissioners table the Tidwell Zoning Violation to April 26, 2004 at 3:00 p.m.

Motion carried 3 - 0.

2. VICTORY ZONING VIOLATION

Commissioner Gibson moved that the Board of County Commissioners table the Victory Feeds Zoning Violation to April 26, 2004 at 3:00 p.m.

Motion carried 3 - 0.

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

  1. AMENDED PLAT OF LOTS 60 AND 61 GLACIER VIEW MEADOWS, FOURTH FILING: NE 1/4, SECTION 23, TOWNSHIP 9 NORTH, RANGE 72 WEST OF THE 6TH PM

This is a request for an Amended Plat and Easement Vacation to amend the plat of Lots 60 and 61 of the Glacier View Meadows 4th Filing PUD in order to combine two lots into one lot and vacate the utility easement located on the common lot line. Staff recommendation is approval subject to the following conditions and authorize the Chair to sign the plat when presented for signature 1. The Final Plat shall be recorded by October 5, 2004 or this approval shall be null and void; 2. All technical corrections required to be made to the plat by Dale Greer of Larimer County Engineering shall be made prior to recordation of the plat.

4. DAPPER DOG SPECIAL REVIEW: A PORTION OF THE NW 1/4 OF SECTION 22; TOWNSHIP 07 NORTH; RANGE 68 WEST - MORE SPECIFICALLY LOCATED ON THE SOUTH SIDE OF COUNTY ROAD 44 (PROSPECT ROAD), APPROXIMATELY 1/2 MILE EAST OF I-25.

This is a request for an outdoor dog kennel with a maximum occupancy of thirty (30) dogs, and an appeal to Section 8.6.3.C.1 of the Larimer County Code regarding paved parking. Staff recommendation is approval of the Dapper Dog kennel which shall be operated consistent with the documentation and representations as documented in the Planning File #01-Z1399, except as modified by the conditions of approval 1. The subject Special review application shall be re-evaluated if noise or operational complaints are received by the County; 2. The applicant shall enter into a development agreement with Larimer County, which will ensure construction of the necessary improvements for the use, as well as successful operation of the facilities; 3. In lieu of adjacent road improvements, the applicant shall provide funds equal to the cost of the said improvements, as determined by the applicants engineer and approved by the County Engineer, which funds will be held for future improvements adjacent to the property. The funds shall be provided with the recordation of the Development Agreement; 4. An 8' solid screening fence shall be constructed that will run diagonally on the south side of the property along the canal to a point and then a 6' screening fence from that point to the barn on the east side of the property. As more specifically shown on Exhibit A1; 5. The hours of operation and outdoor use of the property for the dogs shall be limited to the times as represented by the applicant; 6. Staff recommends approval of the applicants appeal request to Section 8.6.3.C.1 (paving of parking area) of the Land Use Code.

MOTION

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

Motion carried 3 - 0.

5. ELK RIDGE PRELIMINARY RURAL LAND PLAN: SECTIONS 2 AND 3, TOWNSHIP 10 NORTH, RANGE 74 WEST AND SECTION 35, TOWNSHIP 11 NORTH, RANGE 74 WEST; GENERALLY LOCATED 5 MILES NORTHWEST OF RED FEATHER LAKES OFF OF COUNTY ROAD 73C, NORTHWEST AND ADJACENT TO THE CRYSTAL LAKES SUBDIVISION

Preliminary approval to divide 280 +/- acres into sixteen (16) lots-six (6) single-family residential lots and ten (10) residual lots. The six single-family lots will be located on about 30 acres (each lot being approximately 5 acres in size). The ten residual lots (all with single-family dwellings) will range in size from 10 to 35 acres in size and will encompass about 250 acres. Each residual lot will include a building envelope (each about 5 acres in size) for one single-family dwelling. The total developed area for both the single-family lots and the residual lots will be 80 acres. The remaining 200 acres, will be protected from further development for at least 40-years with a recorded covenant or deed restriction, as required under the Rural Land Use Process. Staff findings include this proposal is consistent with the policies of Section 5.8-Rural Land Use Process of the Larimer County Land Use Code. Support for the Elk Ridge Preliminary Rural Land Plan is based on the following 1. Applicant's planning and design rationale for the project, which is consistent with the RLUP; 2. The removal of the potential for larger development allowed in the E-Estate zoning from this property since it will be protected from further development for a minimum of 40 years; 3. Conservation values of the residual land, including a forestry management/use plan; 4. The plan is generally compatible with the existing neighboring land uses.

Support for this proposed plan takes into consideration the various other land development and design options, particularly the 35-acre alternative, for which there is no County review. The greater number of residential units possible under the current E-Estate zoning of the property and the general development pressure within the immediate area for use-by-right 35-acre division of land supports our belief that this is an appropriate project.

The site-based incentives (8 density bonus units) are allowed under the Rural Land Use Process.

As proposed, this project will also provide commensurate long-term benefits to citizens of Larimer County. Those benefits are 1. Forty year protective covenant on residual land; 2. Preservation of open space and wildlife habitat with an enforceable forestry management/use plan; 3. Homeowners' association protective covenants with architectural controls; 4. Transportation capital expansion fees received from the project; 5. School and park fees received from the project; 6. Fewer residences than likely allowed through subdivision process; 7. Ability to influence design of project, as compared to use-by-right division of property into 35-acre parcels. Staff recommendation is approval with the following contingencies being met prior to approval of final plat 1. All roads constructed within the Rural Land Plan shall be in accordance with duly adopted Rural Land Use Process road standards in effect at the time construction is commenced. Design shall be prepared and stamped by a qualified professional engineer licensed in the State of Colorado. Internal roads may be contained in a private access and utility easement. Documentation that verifies that all site accesses have safe access/adequate site distance shall be included. Road names and addressing shall meet standards in Section 5.11 of the Larimer County Land Use Code and development construction may not commence until final plat approval; 2. A Lot Sale Prohibition shall be placed on this property preventing the sale of any new lots until the applicable improvements (i.e., legal access and public utilities, including but not limited to water supply, electricity, and telephone facilities) have been completed and/or installed according to the project requirements. The lots cannot be sold, transferred or conveyed unless and until Developer provides written designation stating whether the improvements have been completed for the lot proposed to be sold, transferred or conveyed. The Lot Sale Prohibition will be recorded in the records of the Larimer County Clerk and Recorder and will be a covenant running with the Lots. Upon receipt of such written designation, County will provide to Developers a release of the Lot Sale Prohibition for the particular lot(s) for which the improvements have been completed. In addition to any other legal or equitable remedies, County may withhold building permits or certificates of occupancy if improvements are supplied to the lot by a source other than that stated in the designation; 3. Final approval is subject to the applicant and Anadarko Land Corp. and Anadarko E&P Company LP reaching a reasonable agreement concerning extraction of the hard rock minerals (diamond-bearing kimberlites and diatremes) or otherwise resolving the issues presented in Anadarko's letter from Krug & Sobel, LLC, Attorneys at Law, dated February 23, 2004, and supplemented by a letter dated March 5, 2004; 4. A written grant of easement and clear title insurance that allows use of the private roads that provide access to this project must be submitted prior to final plat approval; 5. The known boundary line dispute with the property to the north east must be resolved prior to final plat approval. This may be completed by either an agreement of the parties or a court decree. That document must be provided to the Rural Land Use Center and any Boundary Line Adjustment process (if required) must be completed prior to final approval; 6. The residual land protective covenant and forest management/use plans must be reviewed and approved by the County Attorney and the RLUC Director prior to final plat approval. The forest management/use plans for the entire area shall be created by a professional forester or range specialist and shall be reviewed and approved by the Colorado State Forest Service and the Larimer County Wildfire Safety Specialist prior to final approval. The plan shall include the following: land-use objectives, current conditions, future desired conditions, options to reduce the wildfire hazards, and implementation strategy and long-term funding mechanism. The plan shall be incorporated in the Development Agreement; 7. Restrictive covenants, including provisions for internal road maintenance, must be reviewed and approved by the Rural Land Use Center Director and the County Attorney prior to final plat approval; 8. The final Development Agreement must be reviewed and approved by the County Attorney prior to final plat approval; 9. Implementation of the forest management/use plan must be completed within the building envelopes, residential lots and internal access road easements prior to the issuance of any building permits; 10. Building envelopes shall be located on each lot. Building envelopes shall be placed in such a configuration that the drainages on the property are not included in these envelopes; 11. Automatic fire protection sprinklers will be required for all new residential structures or written permission for variance from this requirement from the fire district; 12. A dry hydrant system in the Crystal Lakes Reservoir area (or equivalent as approved by the Crystal Lakes Volunteer Fire Department) for fire fighting purposes must be established, must have fittings compatible with the Crystal Lakes Volunteer Fire Department and in working order as verified by the Wildfire Safety Specialist prior to issuance of building permits. If one cannot be established, a storage tank capable of storing 3000 gallons per lot, must be constructed with fittings compatible with Crystal Lakes Volunteer Department prior to issuance of building permits; 13. A written ruling from the State Engineers Office stating if this property will be allowed wells under C.R.S. 30-28-401-404 and/or if they will be affected by an existing water augmentation plan for the area and what the requirements are for new wells will be required prior to final plat approval; 14. The following must be listed as a note on the final plat and on a disclosure statement, approved by the County Attorney, available to lot buyers through the public records at the time of purchase: a) Depending on the outcome of the State Engineers Office ruling, there may need to be a note added regarding wells and/or water augmentation; b) LOT SALE PROHIBITION. Developers will execute a Lot Sale Prohibition Agreement which stipulates that Lots 1-6 and/or Residual Lots A-J cannot be sold, transferred or conveyed unless and until Developers provide to County a written designation stating that all the applicable improvements (i.e., legal access and public utilities, including but not limited to water supply, electricity, and telephone facilities) have been completed and/or installed according to the project requirements. The lots cannot be sold, transferred or conveyed unless and until Developer provides written designation stating whether the improvements have been completed for the lot proposed to be sold, transferred or conveyed. The Lot Sale Prohibition will be recorded in the records of the Larimer County Clerk and Recorder and will be a covenant running with the Lots. Upon receipt of such written designation, County will provide to Developers a release of the Lot Sale Prohibition for particular lot(s) for which the improvements have been completed. In addition to any other legal or equitable remedies, County may withhold building permits or certificates of occupancy if improvements are supplied to the lot by a source other than that stated in the designation; c) Implementation of the forest management/use plan must be completed within the building envelopes and internal access road easements prior to the issuance of any building permits; d) The construction of any single-family residence in this development will require the installation of residential fire sprinklers if fire hydrants and/or a public water supply are not present to provide fire protection unless written permission for variance from this requirement from the fire district is received; e) Passive radon mitigation measures shall be included in construction of residential structures on these lots. The results of a radon detection test conducted in new dwellings once the structure is enclosed but prior to issuance of a certificate of occupancy shall be submitted to the Building Department. As an alternative, a builder may present a prepaid receipt from a radon tester which specifies that a test will be done within 30 days. A permanent certificate of occupancy can be issued when the prepaid receipt is submitted; f) Some or all lots in this development include building envelopes. All structures must be located within these Larimer County approved building envelopes, as shown on the approved subdivision plat. Prior to the approval of the footing and foundation inspection, the owner/applicant for a building permit will be required to demonstrate that the structure(s) is located within the building envelope. This shall be accomplished by a written certification by a Colorado Licensed Surveyor. If the structure requires a county Setback and Use Permit rather than a building permit, this surveyor's certification is also required; g) Engineered footings and foundations are required for new residential construction; h) Lot owners should be advised that there is a potential for nuisance conflicts from wildlife (such as skunks, mountain lions, bears, raccoons, foxes, coyotes, prairie dogs and snakes). The Colorado Division of Wildlife can provide information to property owners about how to handle these situations, but lot owners are responsible for addressing wildlife conflicts if they arise; i) No feeding of any wildlife. Any food placed for wildlife will eventually attract the Black Bears traveling through the area. Once a bear finds food around homes and trailers, they become habituated to humans, often causing damage to property in their search for food. The State of Colorado is not liable for damages to non-agricultural property. Homeowners insurance is strongly advised; j) Keep trash and garbage removed from site. Bear proof containers are commercially available and they work. Garbage and trash can be as attractive to bears as placing out food for wildlife; k) It is strongly recommended that trailers and motor homes not be left on site unattended. These items may be destroyed by bears if left unattended. This is particularly important during the months of July to September, when the bears are most active in their search for food; l) Many other species of wildlife live in the area; some can be dangerous to humans and pets. It must be remembered that landowners will be living with wildlife. Species that may be found in the area are Coyotes, Mountain lions, Bobcats, Skunks, Badgers, Raccoons, Deer, Elk, Hawks, Owls and Eagles; m) Pets must be contained on property, either by leash or enclosure; n) During certain times of the year mosquitoes may present a significant nuisance. Larimer County does not have a mosquito abatement program. Any mosquito abatement activity will be the responsibility of the homeowner; such activity must be according to applicable Federal, State and local rules and regulations; o) Prairie dog colonies exist in the general area; prairie dogs can be a nuisance if they migrate to developed residential property. At times these animals are implicated in the transmission of plague to people or their pets. It is important for residents to observe animal control requirements for dogs and cats; p) Agricultural operations and farming practices on adjacent properties can produce odors, noise and dust. These are a normal part of agriculture and should be expected to occur. In addition, plowing, planting, cultivating, spraying, harvesting, and various livestock operations may be carried out at all times including nighttime; q) If livestock will be kept on these lots, it will be important to carefully manage grazing in order to maintain grass cover in the pasture. Overgrazing will produce bare ground, weeds, erosion and polluted runoff. Management of these lots should be coordinated with drainage and erosion control issues, siting of sanitation systems, fencing and feeding; r) Larimer County has adopted a Right to Farm Resolution; s) The following fees shall be collected at building permit issuance for new single-family dwellings: Poudre R-1 school fees, Larimer County fees for County and Regional Transportation Capital Expansion, Larimer County Park Fees (in lieu of dedication), Drainage Fees and Rural Land Use Process fees. The fee amount that is current at time of building permit application shall apply; t) Some or all lots in this development include building envelopes. All structures must be located within these Larimer County approved building envelopes, as shown on the approved subdivision plat; u) Larimer County shall not maintain roads or streets in this development. Maintenance of the streets shall be the responsibility of the property owners. Failure to maintain streets may result in a lien being placed on these lots; v) At time of real estate closing, owner shall provide purchasers of residential lots and residual lands with the Code of the West, a County document which addresses differences between urban and rural living in Larimer County; w) The owners of the residual land parcel shall be responsible for providing an annual monitoring report for the residual land to Larimer County Rural Land Use Center; x) Lots in this Rural Land Plan are subject to the conditions and requirements of a Development Agreement. The Developer and Larimer County executed this agreement in consideration of the approval of this Development. This Agreement was recorded immediately after this plat. All purchasers should obtain and read the Development Agreement.

Mr. Reidhead briefed the Board on the application and noted some minor changes to the conditions of approval. Commissioner Gibson expressed concern with the number of proposed conditions and felt the application was submitted prematurely.

Mr. Don Weixelman, the applicant, described the topography of the site and stated that "pioneer or forest service" type roads would be established prior to construction of homesites in order to mitigate wildfire hazards both within the building area and the residual lots, and which would make surveying much easier also. These roads, Mr. Weixelman continued, would be approximately 10 - 12 feet wide and would not be for public use. Mr. Weixelman further noted that wildfire mitigation should be addressed at least every 10-years and that covenants and a Homeowner's Association would be established.

Mr. Weixelman stated that the mineral rights in Section 3 are severed from the land, however he would work with Anadarko to address the issue. Mr. Reidhead also stated that a written agreement prior to final is also a condition of approval for this preliminary plat. Mr. Weixelman also stated that the boundary line dispute with an adjacent property owner would also be addressed prior to final approval and that telephone lines would not be brought to the site since cellular service is available. Mr. Weixelman also requested that "title insurance" addressing access issues be permitted in stead of a written grant of easement.

Commissioner Bender asked about access to the forest and Mr. Weixelman stated that there is a proposed foot trial within this proposal and another access at Crystal Lakes. Chair Rennels expressed concern with pioneered roads and the possibility of problems in the future. Mr. Weixelman stated that the roads would be for surveying and forest management only. Chair Rennels inquired about the water augmentation plan and Mr. Weixelman explained that 282-acres are subject to the existing augmentation plan and would be in conjunction with the Crystal Lakes Homeowner's Association.

Mr. Brian Boos, adjacent property owner involved in the boundary line dispute, stated that the access to the forest service goes through his property and that the Forest Service has tried to block all motorized vehicles from accessing the forest, but citizens just keep driving around the blockades. Mr. Boos stated that access easement title work is cloudy, but the Forest Service has stated that the access is not for any type of vehicle access.

Ms. Molly Sommerville, representative for Anadarco, which owns the oil, gas and mineral rights in Section 3, stated that Anadarco objects to final approval if no mineral rights agreement has been reached. Ms. Sommerville stated that a proposal has been submitted to the applicant, which he has objected to, yet it is very reasonable and has been accepted by other developers in the past.

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

Chair Rennels stated that if the Forest Service does not want access, why isn't the easement being abandoned. Mr. Weixelman stated that he believes the Forest Service is in error and that the Fire Department wants the access for emergency purposes. Chair Rennels stated that several comments have been heard such as, "will work it out" and believes those issues should have been worked out prior to this hearing and that more details are needed.

The Board discussed the following points of contention with staff and the applicant. 1. Mineral rights agreement; 2. Private road access; 3. Domestic well concerns; 4. Boundary line dispute; 5. Status of the National Forest access; 6. Temporary roads for surveying and thinning. As for the Forest Access, Chair Rennels requested a letter from the Forest Service regarding their stance on the access through lot J via Elk Ridge Road.

Chair Rennels stated that she agrees with no temporary roads in a "normal" subdivision, but some type of access is needed for forest management. Ms. Coleman stated that "temporary" forest thinning and surveying access is permitted for forest management and thinning.

Mr. Simons clarified that the building envelopes are required to be thinned in accordance with the Forest Management Plan prior to issuing a building permit for each lot. The residual lots, however, also require access to address the priorities within the Forest Management Plan.

Much discussion ensued regarding roads and temporary access for management.

MOTION

Commissioner Bender moved that the Board of County Commissioners approve the Elk Ridge Rural Land Plan as proposed, amended and outlined above.

Motion carried 3 - 0.

There being no further business, the hearing adjourned at 5:15 p.m.

LAND USE HEARING

(#37)

The Board of County Commissioners met with Rob Helmick, Senior Planner; Chair Rennels presided and Commissioners Bender and Gibson were present. Also present were Jeannine Haag, Assistant County Attorney; Doug Ryan, Health Department; Traci Downs, Engineering Department; Stephen Gillette, Steve Harem, and Bob Nielsen, Natural Resources; Geniphyr Ponce-Pore, Planning Department; and Jean O'Connor, Clerk to the Board.

1. LARIMER COUNTY LANDFILL EXPANSION REZONING: 9-6-69, APPROXIMATELY 1/2 MILE NORTH OF THE INTERSECTION OF SOUTH TAFT HILL ROAD AND TRILBY ROAD, IN THE NORTHWEST PORTION OF SECTION 9, IN THE NORTHWEST PORTION OF THE SECTION

This is a request to rezone 104 acres of a 325-acre parcel from FA-1-Farming to I-Industrial zoning, per Section 4.4 of the Larimer county Land Use Code. Staff findings include 1. The proposed change is consistent with the Master Plan; 2. The proposed change is compatible with the existing and allowed uses on properties in the neighborhood and is the appropriate zoning for the property; 3. Conditions in the neighborhood have changed to the extent that the proposed change is necessary; 4. The proposed change does not result in significant adverse impacts on the natural environment; 5. The proposed change addresses a community need; 6. The proposed change results in a logical and orderly development pattern in the neighborhood. Staff recommendation is approval of the Larimer County Landfill Rezoning #03-Z1494, rezoning the portion of the northwest quarter section of Section 9-6-69 from FA-1 Farming to I-Industrial.

Ms. Ponce-Pore briefed the Board on the application. Chair Rennels stated there is no public present to comment on this item. The Board had no concerns.

MOTION

Commissioner Bender moved that the Board of County Commissioner approve the Landfill Expansion and Rezoning as proposed and outlined above.

Motion carried 3 - 0.

2. LARIMER COUNTY LANDFILL, CERTIFICATE OF DESIGNATION: 9-6-69, APPROXIMATELY 1/2 MILE NORTH OF THE INTERSECTION OF SOUTH TAFT HILL ROAD AND TRILBY ROAD

This is a request for Certificate of Designation approval for the expansion of the Larimer County Landfill. Staff recommendation is approval with the following conditions 1. Operation of the Larimer County Landfill shall be carried out per the Engineering Design and Operations Plan-Vertical Expansion prepared by Terracon and dated December 9, 2002; 2. Wastes that are accepted, not accepted and the criteria to be used for accepting wastes at the Landfill shall be per the Waste Characterization Plan (Section 2.2.5.2) of the Engineering Design and Operations Plan, prepared by Terracon, and dated December 9, 2002; 3. The landfill shall continue to operate in compliance with Colorado Air Emissions Permit and Colorado Storm water Discharge Permit requirements; 4. The earthen berm and soil underlying the shooting range must be tested for lead contamination; soil lead levels that exceed toxic characteristic procedure shall be stabilized with either concrete or fly ash. A stabilization permit must be approved by the Hazardous Waste Cleanup/Permitting Unit, per CDPHE.

Ms. Ponce-Pore stated that Certificate of Designation requests are reviewed by the State and the Health Department for technical compliance and that the State has already issued the certificate. Mr. Harem provided the Board with a brief slideshow presentation and showed how the expansion would have minimal impacts.

Chair Rennels stated there is no public present to comment on this item. The Board had no concerns.

MOTION

Commissioner Gibson moved that the Board of County Commissioners approve the Certificate of Designation as requested and outlined above.

Motion carried 3 - 0.

There being no further business, the hearing adjourned at 7:05 p.m.

TUESDAY, APRIL 6, 2004

ADMINISTRATIVE MATTERS

(#38 & 39)

The Board of County Commissioners met with Frank Lancaster, County Manager; Chair Rennels presided and Commissioners Bender and Gibson were present. Also present were Justin Smith, Debra Russell, Victor Johnson, Joe Ferrando, Bill Nelson, Don Griffith, Sheriff Alderden, and Sheila Davidson, Community Corrections and Sheriff's Department; Joni Friedman and Kathy Snell, Workforce Center; Bob Keister, Donna Hart, and Deni La Rue, Commissioners' Office; K-Lynn Cameron, Parks and Open Lands; George Hass and David Ayraud, County Attorney's Office; and Jean O'Connor, Clerk to the Board.

1. PUBLIC COMMENT: Ms. & Mr. Worton and Mr. Derek Logrippo addressed the Board with concerns regarding proposed fees on the east side of Horsetooth.

2. APPROVAL OF THE MINUTES FOR THE WEEK OF MARCH 29, 2004:

MOTION

Commissioner Gibson moved that the Board of County Commissioners approve the minutes for the week of March 29, 2004 as presented.

Motion carried 3 - 0

3. REVIEW OF THE SCHEDULE FOR THE WEEK OF APRIL 12, 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 Youree Living Trust; Gateway Medical Services, LLC; Slanaker; Fort Collins Senior Housing Investors, LP; LTC Properties, Inc.; Teledyne Water Pik; and Starman.

04062004A001 DEVELOPMENT AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND STEVEN R AND LISA C SECOR FOR FIELD TRIAL GAME BIRDS SPECIAL REVIEW

04062004A002 MEMORANDUM OF AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND CORPORATION FOR NATIONAL AND COMMUNITY SERVICE FOR THE USE AND BENEFIT OF VISTA AMERICORP PROJECT CO-31-201-4

04062004A003 DEVELOPMENT AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND REDEEMER LUTHERAN CHURCH OF FORT COLLINS AND BIG HORN RIDGE PROPERTY OWNERS ASSOCIATION, INC FOR BIG HORN RIDGE SUBDIVISION AMENDED PLAT OF LOTS 1 & 2

04062004A004 LANDSCAPE COLLATERAL LOAN AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS, LUTHERAN CHURCH EXTENSION FUND, AND REDEEMER LUTHERAN CHURCH OF FORT COLLINS FOR BIG HORN RIDGE SUBDIVISION AP

04062004A005 PUBLIC IMPROVEMENTS COLLATERAL LOAN AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND LUTHERAN CHURCH EXTENSION FUND, AND REDEEMER LUTHERAN CHURCH OF FORT COLLINS FOR BIG HORN RIDGE SUBDIVISION AP

04062004A006 MEMORANDUM OF UNDERSTANDING BETWEEN THE BOARD OF COUNTY COMMISSIONERS, U.S. DEPARTMENT OF AGRICULTURE, FOREST SERVICES ARAPAHO AND ROOSEVELT NATIONAL FORESTS, U.S. DEPARTMENT OF INTERIOR NATIONAL PARKS SERVICE ROCKY MOUNTAIN NATIONAL PARK AND THE COLORADO STATE FOREST SERVICE

040620042A007 AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND CWH PROPERTIES, LLC (Construction on CR 5)

04062004A008 ADDENDUM TO TH 4EMASTER SOFTWARE LICENSE AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND EXOR CORP, LTD

04062004R001 FINDINGS AND RESOLUTION APPROVING AN AMENDED PLAT OF LOTS 1 & 2, SECOND FILING FEIT MINOR LAND DIVISION

04062004R002 FINDINGS AND RESOLUTION APPROVING THE KOUNS' SUBDIVISION AND APPEAL OF THE LAND USE CODE SECTION 8.12.3

04062004R003 FINDINGS AND RESOLUTION APPROVING THE SHOCKLEY CONSERVATION DEVELOPMENT

04062004R004 FINDINGS AND RESOLUTION APPROVING AN AMENDED PLAT TO HIAWATHA HEIGHTS LOTS 1, 3, & 18 OF BLOCK 2

04062004R005 FINDINGS AND ORDER IN THE MATTER OF CLUB OSIRUS, INC.

MISCELLANEOUS: Big Horn Ridge Subdivision Amended Plat, Lots 1 & 2

LIQUOR LICENSES: The following licenses were both issues and approved Overland Foods- 3.2%- LaPorte, CO; Rustic Resort- Tavern- Bellvue, CO; Rustic Liquors- Retail- Bellvue, CO. The following licenses were approved Quota Internationals- 6% Special Event- Fort Collins, CO; Beaver Inn- 6% Optional Premises- Red Feather Lakes, CO. The following license was issued Al Fresco Great Italian Foods- Hotel and Restaurant- Fort Collins, CO.

Motion carried 3 - 0.

5. EXPANSION OF WORK RELEASE BY USING TWENTY BEDS IN THE NEW COMMUNITY CORRECTIONS FACILITY: Mr. Smith stated that there is currently a 5 1/2 month backlog with 111 people on the waiting list for the Work Release program and suggested a solution to utilize 20-beds in Community Corrections. In order to accomplish this, additional staff is necessary in both Community Corrections and the Work Release programs.

Commissioner Gibson stated that this situation could have been projected and presented in the 2004 budget presentation and at this time, any additional staff funding would need to come from the Sheriff's budget. Mr. Smith stated that Plan A was a sales tax submitted for voter approval, but failed so now staff is considering the Community Corrections facility since it is coming to fruition. Commissioner Bender asked what percentage of the request has already been budgeted for and Mr. Smith replied none. However, there will be fees charged which would offset the cost.

Discussion ensued as to what would occur if the beds were needed in Community Corrections. Mr. Keister clarified that saving are not to be considered as an offset to the cost of new positions and suggested the Board consider the proposal conceptually and staff would come back with true dollars.

The Board concurred.

The second request, Ms. Russell stated is for one position in Home Detention in order to "graduate" Work Release inmates and reduce the waiting list. Mr. Keister suggested this request fall into the same category as the 1st request and come back to the Board. The Board again concurred.

Chair Rennels requested a 15-minute recess.

6. IMPACT OF DISABLED AMERICAN VETERANS SERVICE CENTER CLOSURE ON VETERANS OFFICE: Ms. Friedman explained that the closure of Disabled Veterans Service Center has impacted the County Veterans Office with an additional 20 - 30 claims per month and requested one additional Veteran Technician/Clerical position. In light of the budget concerns, Ms. Friedman suggested that a temporary solution could be to hire a TANF program assistant for one-year. This would allow time to fully evaluate the actual impact for Veterans Services without a cost to the County. The Board thanked Ms. Friedman for her creative solution and concurred with the idea.

7. FIRE BAN: Major Nelson stated that current dry conditions and the recent Picnic Rock Fire have prompted the Sheriff to request a fire ban for unincorporated Larimer County. Commissioner Gibson asked if other entities are also declaring a ban and Major Nelson stated no, which has lead to some confusion regarding enforcement. In the past, the fire ban resolution has stated "...within unincorporated Larimer County...", which is inclusive of the State Forests. However, the Forest Service is not declaring a ban at this time and the question is whether or not the Sheriff can enforce the ban within the forests.

Ms. Ellen Hodges, Forest Service Manager stated that the Forest Service has a controlled burn schedule to meet and the perception to the public may be confusing. Sheriff Alderden stated that the County Attorney has stated that the Sheriff can enforce a resolution/ordinance within the unincorporated areas, but not within municipalities.

Major Nelson requested the ban either is effective to the 1st of June or the 15th of July, so that when July 4th arrives, there would not be any confusion as to whether or not the ban is in effect.

MOTION

Commissioner Gibson moved that the Board of County Commissioners approve a resolution imposing a level 1 fire ban effective this date and expiring on June 1, 2004.

Motion carried 3 - 0.

04062004R006 RESOLUTION DECLARING A FIRE BAN IN LARIMER COUNTY

8. APPROVAL OF THE FOSSIL CREEK RESERVOIR SUBLEASE: Ms. Cameron stated that the City of Fort Collins holds a lease on the surface rights at Fossil Creek Reservoir from North Poudre Irrigation Company. The management plan for the reservoir allows for recreational facilities to be built. In order to build the facilities, the County must sublease the surface rights from the City. The cost of the sublease would be $2,500 annually.

Commissioner Gibson stated that the Fossil Creek Open Space is a joint project with the City and can not understand a $2,500 lease and asked why $1 per year was not considered. Ms. Cameron stated that the City leases the entire surface rights from North Poudre and that the original price was $5,000 but was negotiated down to $2,500, which is 6% of that total lease. Commissioner Gibson stated that the City either wants a shared project or they don't and they can sublease for $1 or forget it.

MOTION

Commissioner Bender moved that the Board of County Commissioners approve a sublease between Larimer County and the City of Fort Collins for Fossil Creek Reservoir.

Motion carried 2 - 1, with Commissioner Gibson dissenting and noted for the record that the County bears the cost of maintenance for the Open Space.

04062004A009 FOSSIL CREEK SUBLEASE AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE CITY OF FORT COLLINS

9. WORK SESSION: Mr. Lancaster clarified that some material from the old fairgrounds was donated to Hearts and Horses and that the City of Loveland had given permission to leave the fencing uprights in place because they were difficult to remove.

Mr. Lancaster inquired about recognition plaques within County buildings. Commissioner Gibson stated that the plaques are important and should be in all County buildings and suggested that current Commissioners and past Commissioners be recognized. Commissioner Gibson suggested plaques similar to the one in the Loveland building. Chair Rennels stated that there will be a recognition wall at The Ranch, and that an additional plaque would not be necessary. After much discussion it was decided that staff would gather additional information and bring this item back before the Board.

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

11. LEGAL MATTERS: Mr. Hass requested approval of a resolution authorizing the County Attorney to initiate condemnation proceedings for a temporary construction easement and stated that staff has been unsuccessful in attempts to negotiate with the property owner. Mr. Hass stated if the Board is in need of additional information, an executive session is recommended. The Board stated that they were aware of the situation.

MOTION

Commissioner Gibson moved that the Board of County Commissioners approve a resolution regarding rebuilding and improving County Roads 46E and 21.

Motion carried 3 - 0.

04062004R007 RESOLUTION REGARDING REBUILDING AND IMPROVING COUNTY ROADS 46E AND 21

Mr. Lancaster updated the Board on the status of the Regional Calling Application and options available. Mr. Lancaster stated that a petition is required and asked if the Board wants to include businesses as well as residents. Consensus of the Board is to include businesses and residents in the petition/survey.

There being no further business, the meeting adjourned at 12:20 p.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