Loveland Bike Trail
 

MINUTES OF BOARD OF COUNTY COMMISSIONERS

Monday, June 21, 2004

LAND USE HEARING

(#72)

The Board of County Commissioners met with Rob Helmick, Senior Planner; Chair Rennels presided and Commissioners Bender and Gibson were present. Also present were Tony Simons, Wildfire Safety Coordinator; Matt Lafferty, Sean Wheeler, Geniphyr Ponce-Pore, Planning Department; George Hass, County Attorney; Doug Ryan, Health Department; Christie Coleman, Ed Woodard, Charlie Johnson, and Roxann Hayes, Engineering Department; and Jean O'Connor, Clerk to the Board.

Chair Rennels stated the following items are consent and would not be discussed unless requested by the Board or members of the audience. Mr. Helmick requested item #5, Lin Mar Acres be removed for discussion.

1. IDLEWILDE BY THE RIVER PRELIMINARY CONDOMINIUM MAP: THE SITE IS LOCATED AT 2282 COLORADO HIGHWAY 66 WITHIN UNINCORPORATED LARIMER COUNTY

This is a request to condominiumize fourteen existing cabins at 2282 Colorado Highway 66. The property is zoned "A" Accommodations/Highway Corridor and the current uses are accommodations and seasonal residential. Staff recommendation is approval with the following conditions 1. Compliance with Greg White's comments #2 & #3 in his March 31, 2004 memo; 2. Compliance with Scott Dorman's comments in his April 12, 2004 email; 3. Compliance with David Brand's comments in his March 25, 2004 letter; 4. Compliance with Roxann Mackenzie Hayes comments concerning "Drainage and Flood Plain Issues" in her April 5, 2004 letter; 5. Animal proof trash containers shall be provided prior to recordation of the final map; 6. A copy of the access permit shall be submitted prior to recordation of the map; 7. A revised preliminary water plan was submitted that requires review and approval by the Town Water Department and the Estes Park Volunteer Fire Department. The plan shall be revised to clearly identify sizes for all proposed lines; 8. The preliminary sewer plan shall be reviewed and approved by the Upper Thompson Sanitation District; 9. The 2-foot boundaries of the condominium units shall be revised and approved by staff. Necessary changes to the condominium map have been made. Any corresponding revisions to the declaration will be made with the final plat submittal.

2. LARIMER COUNTY ROAD 5 IMPROVEMENTS FLOOD PLAIN SPECIAL REVIEW (FPSR): FROM COUNTY ROAD 36 TO THE POUDRE RIVER BRIDGE NEAR COUNTY ROAD 38

This is a request for commendation per the Land Use Code, in order to realign County Road 5 from County Road 36 going north to the Poudre River Bridge just south of County Road 38. The entire project is in the flood plain of the Poudre River. Staff recommendation is approval subject to the following condition 1. The stability of the road between river cross sections numbers 178373 to 180723 be addressed.

3. BEARD MINOR LAND DIVISION: A PORTION OF THE W 1/4 OF SECTION 9, TOWNSHIP 6 NORTH, RANGE 68 WEST; MORE SPECIFICALLY LOCATED 1/2 MILE SOUTH OF KECHTER ROAD AND 1/8 MILE EAST OF ZIEGLER, ALONG THE SOUTH AND WEST BOUNDARIES OF THE FOSSIL LAKE PUD

This is a request to divide the existing improved area of a 35-acre parcel from the balance of the property, by creating two lots being 18.8-acres and 16.2-acres in area. The 16.2-acre lot will remain undeveloped until a development application is approved for the property. Staff findings are 1. The property for the proposed Beard Minor Land Division is not part of any approved or recorded Exemptions, Minor Residential Developments, Minor land Divisions or Subdivisions and is therefore eligible for this Minor Land Division; 2. The newly created parcels will meet the minimum lot size required by the FA-1 (Farming) zoning district; 3. Access to the property will not change and complies with current standards as set forth by the County Engineering Department; 4. The Beard Minor Land Division will not result in impacts greater than those of existing uses surrounding the property. Staff recommendation is approval with the following conditions and authorization for the Chair to sign the plat when presented for signature 1. All conditions shall be met and the Final Plat recorded by October 12, 2004 or this approval shall be null and void; 2. The following shall be noted on the Final Plat, "Until an appropriate land division application is approved by the County Commissioners, no development, including the construction of a single family residence, shall occur on Lot 2 of the Beard Minor Land Division."

4. RISTVUE AMENDED RURAL LAND PLAN: 32-8-70; GENERALLY LOCATED ABOUT 4 1/2 MILES WEST OF BELLVUE, LOCATED OFF OF COUNTY ROAD 52E (RIST CANYON ROAD) AND ROUGHLY 1/2 MILES UP THE DAVIS RANCH ROAD

This is a request to amend the condition of approval that requires Lots 1, 2, and 3 to be thinned to appropriate standards as determined by a professional forester or the Larimer County Wildfire Safety Coordinator to reduce wildfire hazard. Current requirement is for thinning to be completed prior to "issuance of building permits". Request is to change forest thinning completion time to "prior to issuance of Certificate of Occupancy". Staff finding is that the proposal is consistent with the policies of Section 5.8-Rural Land Use Process of the Larimer County Land Use Code. Staff recommendation is approval of the request to change the thinning requirement to prior to issuance of Certificate of Occupancy. The amended condition of approval is to now read as follows: 8. Lots 1, 2, and 3 shall be thinned to appropriate standards as determined by a professional forester to reduce wildfire hazards. The thinning must be completed on the entire lot and approved by the Wildfire Safety Specialist before Certificate of Occupancy will be issued. Thinning will be based on an evaluation and marking of trees to be removed by the Colorado State Forest Service or a professional forester. All other conditions of this plan would remain in effect.

MOTION

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

Motion carried 3 - 0.

5. LIN MAR ACRES LOTS 7, 14, 17 AND 18 RIGHT-OF-WAY VACATION AND AMENDED PLAT: NW 1/4 04-07-69: ON THE EAST SIDE OF OVERLAND TRAIL, NORTH OF VINE DRIVE IN THE LIN MAR ACRES SUBDIVISION

This is a request to vacate two sections of ROW on unpaved sections of Emery and Belaire Drives in the Lin Mar Acres Subdivision, and approval of an Amended Plat of Lots 7, 14, 17 and 18 of the Lin Mar Acres subdivision to reflect the vacated ROW. Staff findings include 1. The proposed amended plat complies with the Larimer County Land Use Code; 2. The proposed amended plat is compatible with other development in the surrounding area; 3. Approval of the amended plat will not result in any significant impacts to neighboring properties, the natural environment or the provision of services and infrastructure; 4. The amended plat will not adversely affect property values in the surrounding area. Staff recommendation is approval of the request to vacate two sections of rights-of-way on Emery Drive and Belaire Drive within the Lin Mar Acres Subdivision, as shown on the Amended Plat in File #04-S2286. And approval of the requested Amended Plat for the Lin Mar Acres Subdivision to reconfigure Lot 7 Lin Mar Acres Subdivision 1st Filing, and Lots 14, 17 and 18 Lin Mar Acres Subdivision 2nd Filing, to be known as The Amended Plat of Lot 7, Lin Mar Acres 1st Filing and Lots 14, 17 and 18 of the Lin Mar Acres Subdivision 2nd Filing subject to the following conditions 1. The Amended Plat shall be consistent with the approved preliminary plan and with the information contained in the Lin Mar Acres ROW Vacation and Amended Plat except as modified by the conditions of approval or agreement of the County and applicant. The applicant shall be subject to all other verbal or written representations and commitments of record for the Lin Mar Acres Subdivision; 2. All conditions shall be met and the final executed deed and resolution of the County Commissioners recorded by 12-21-04, or this approval shall be null and void; 3. The resultant lots are subject to any and all covenants, deed restrictions or other conditions that apply to the original lots.

Mr. Wheeler stated that there are two issues: 1.The applicant would like to dedicate a six-foot pedestrian easement to the County because they are concerned with liability and 2. Properties that are not contiguous should be shown on 2 sheets at final plat. Mr. Hass stated that one page is acceptable for final plat. Mr. Hass further stated that he is not sure the County would want to accept a trail easement that doesn't go anywhere. Mr. Johnson stated that the statement "dedicated trail easement" relieves the property owner from some liability.

Ms. Sue Radford, the applicant explained the purpose of the trail easement is to provide residents a way to visit friends living in the adjacent neighborhood and without cutting through her yard. Ms. Radford also expressed concern with the liability of the trail to she and her family if someone was to get injured on the trail.

Mr. Hass stated that if the Board chooses to vacate a public road and the final plat shows a 6-foot trail, then the trail would remain public.

There was no public present for this item.

MOTION

Commissioner Bender moved that the Board of County Commissioners approve the request to vacate sections of dedicated right-of-way at the north ends of Emery Drive and Belaire Drive, except for a six-foot trail dedication, within the Lin Mar Acres Subdivision as shown on the final plat in file #04-S2286.

Motion carried 3 - 0.

MOTION

Commissioner Bender moved that the Board of County Commissioners approve the Amended Plat of the Lot 7, Lin Mar Acres Subdivision 1st Filing and Lots 14, 17 and 18 of the Lin Mar Acres 2nd Filing, to be known as the Amended Plat of Lot 7, Lin Mar Acres 1st Filing and Lots 14, 17 and 18 of the Lin Mar Acres Subdivision 2nd Filing.

Motion carried 3 - 0.

6. PARCEL 1 GRIESS EXEMPTION AMENDED PLAT AND RIGHT-OF-WAY VACATION: 25-06-69, APPROXIMATELY 3/4 MILE NW OF THE INTERSECTION OF EAST 57TH STREET AND MOSSYCUP COURT

This is a request to vacate a portion of Mossycup right-of-way. Staff recommendation is approval with the following condition 1. Vacation of the easement shall not be effective until the plat is recorded in the Larimer County Records.

Ms. Ponce-Pore stated that a letter was received from the Loveland Fire District, requesting that the portion of Mossycup Court to be vacated, remain an emergency access, however staff does not believe the vacation would impact that access. The main concern is the adjacent property owner, the Greenwalts, believe they are entitled to the existing access to their backyard.

Ms. Catherine McCartney, the applicant noted that she is in agreement with staff and requested approval of the vacation of the right-of-way.

At this time the hearing was opened to the public and Mr. Gary Greenwalt stated that he did not accept the access agreement presented because it was too restrictive and that the access should remain in tact as recommended by the fire department. Mr. Greenwalt further clarified that the County Access Code requires efficient access to properties and that the covenants also call the right-of-way a road.

Commissioner Gibson stated that the Homeowners' Association stated that the right-of-way is not a road.

Chair Rennels noted that at the previous hearing Mark Lyons, Larimer County Engineering Access Coordinator testified that the section of Mossycup to be vacated is not a legal secondary access. Mr. Johnson concurred and clarified that the County is not willing to make it a legal access either.

Mr. Dave Sitzman, adjacent property owner noted that he does not object to the application and believes there is sufficient emergency access.

Ms. JoAnn Greenwalt stated that when she inquired to staff about the access, prior to the purchase of their home, they were told that the road was a legal access. Since then, the MaCartney's decided to landscape and install a sprinkler system in the access. Ms. Greenwalt stated that in order for the Board to vacate the access, they are required to find that all agencies have been notified and there are no objections; however the fire department does object.

Ms. Ponce-Pore clarified that the fire department does not object to the application or the ROW vacation; however they have requested an emergency access easement. Staff believes adequate emergency accesses exist at other locations and therefore did not require the applicant to provide one.

Commissioner Gibson stated that he believes the development agreement states that properties would have access from the front of the property. Chair Rennels read a letter from Mr. Lyons, which clearly states that the access would be temporary only. Commissioner Bender stated that the Greenwalt's have until December 31, 2005 to complete their landscaping with prior notification for use of the temporary access.

MOTION

Commissioner Gibson moved that the Board of County Commissioners approve the Greiss Amended Plat and right-of-way vacation as noted in the file #03-S2223 and outlined above.

Motion carried 3 - 0.

There being no further business the hearing recessed at 4:10 p.m.

LAND USE HEARING

(#72 & 73)

The Board of County Commissioners reconvened at 6:30 p.m. with Rob Helmick, Senior Planner; Chair Rennels presided and Commissioners Bender and Gibson were present. Also present were David Karan, Planning Department; Roxann Hayes, Engineering Department; Jeannine Haag, Assistant County Attorney; and Jean O'Connor, Clerk to the Board.

1. EHRLICH PLANNED LAND DIVISION PRELIMINARY PLAT, REPLAT AND REZONING OF EHRLICH M.R.D: NW 1/4 OF SECTION 29 TOWNSHIP 5N, RANGE 69W OF SIXTH PRINCIPLE MERIDIAN OFF COUNTY ROAD 18 ALONG SINGLETREE AND CHUCKWAGON DRIVES

This is a request for 1. Preliminary Plat Review of Ehrlich Planned Land Division, Replat of Lot 1 of the Ehrlich M.R.D to divide a 1.98 acre parcel into two lots; 2. Rezone from R (Residential) to PD (Planned Development); 3. Vacate power line easement and dedicate new easement; 4. Appeal of Section 8.5 of the Land Use Code regarding Landscaping standards. Staff recommendation is 1. Engineered foundations are required for all buildings. Foundation designs must prove that the slope north of each building envelope will remain stable after placement of foundations. Otherwise, the north boundary of the building envelope must be relocated 20 feet to the south of the location shown on the approved plat; 2. No basements are allowed unless the applicant submits proof from a registered engineer that seasonal high groundwater levels will be three feet below the foundation. This information must be submitted and approved by County Staff before final plat. Otherwise a note to the effect that "No basements are allowed on Lot 1 or Lot 2" shall be added to the plat and included in the Disclosure Notice; 3. Any excavation or construction must be a minimum of 3 feet above the highest seasonal groundwater level; 4. Passive radon mitigation measures shall be included in the construction of all new residential structures in this development. Radon detection tests are required in all new residential structures on this site. The results of these tests shall be submitted to the Building Department once the structure is enclosed but prior to issuance of a Certificate of Occupancy. As an alternative, a builder may present a prepaid receipt from a radon tester that specifies that a test will be done within 30 days. A permanent Certificate of Occupancy can be issued when the prepaid receipt is submitted; 5. Fees specified in the Preliminary Plat approvals shall be collected at building permit for new single family dwellings. The fee amount that is current at the time of building permit application shall apply. Both the Development Agreements and the Disclosure Affidavits will reference this requirement. The County Engineer's office also requires a Developmental Construction Permit, prior to commencing development construction; 6. The applicant shall provide a Disclosure Notice to be approved by the County as a part of the Final Plat review, and recorded with the Final Plats. This notice shall inform all future lot owners of the conditions of approval and special costs or fees associated with the approval of this project. Included but not limited in this are the issues related to rural development, the need for engineered footings and foundations, the need for passive radon mitigation, and the issues raised in the review and or related to compliance with the Larimer County Land Use Code; 7. All sub-drain and drainage facilities pertinent to the Prairie Trails Subdivision or surrounding properties be identified with an easement and that easement be protected from the planting of any shrubs or trees or plugging of the lines; 8. The Final Plat submittal shall include an executed Annexation Agreement to the City of Loveland; 9. Approval of the Ehrlich Planned Development (rezoning) application, file #02-S2047, from R (Residential) to PD (Planned Development) subject to the following conditions: a) Development of the Ehrlich Planned Development PLD and PD shall be consistent with the Preliminary Plat as found in file #02-S2047; b) The permitted uses, lot building and structure requirements, setbacks and structure height limitations for Ehrlich PLD and PD shall be as follows:

  1. Principal Uses
    1. Residential
      1. Single-family dwelling (R)
      2. Group home for developmentally disabled (R)
      3. Group home for the elderly (R)
      4. Group home (R)

    2. Institutional
      1. Hospital (S)
      2. School, public (L)
      3. School, nonpublic (R/S)-See section 4.3 (use descriptions and conditions)
      4. Church (R/S)-See section 4.3
      5. Child/elderly care center (S)
      6. Child/elderly care home (R)
      7. Congregate residence (/S)
      8. Sheriff/fire station (L)
      9. State-licensed group home (S)
    1. Recreational
      1. Public park, playground (L)
      2. Trail/trail head (L)
    2. Accommodation
      1. Nursing home (S)
    3. Utilities
      1. Utility substation (L)
      2. Water storage facility (L)
      3. Commercial mobile radio service (R/S)-See section 16
      4. Treatment plant (L)
      5. Commercial mobile service (R/S) - see Section 16
  1. Minimum lot size:
    1. 21,780 square feet (0.5 acre) if both public water and sewer are used.
  2. Minimum setbacks:
    1. Front yard-twenty feet from the property line or from the nearest edge of the road easement.
    1. Side yards-seven feet.
    2. Rear yards-twenty-five feet.
    3. Streams, creeks and rivers-100 feet from the centerline of the established watercourse.
  1. Maximum structure height-40 feet.
  2. No parcel can be used for more than one principal building; additional buildings on a parcel are allowed if they meet the accessory use criteria in subsection 4.3.10.

NOTE:

    • Uses followed by an (R) are allowed by right.
    • Uses followed by an (S) require approval through the Special Review Process described in Section 4.5 of the Larimer County Land Use Code as amended.
    • Uses followed by an (R/S) may be allowed by right or require Special Review approval based on thresholds in Section 4.3 (Use Descriptions) of the Larimer County Land Use Code.
    • Uses followed by an (L) require review through the Location and Extent Review Process described in Section 13.0 of the Larimer County Land Use Code as amended.

10. The rezoning of this site shall not be effective unless and until the final plat of Ehrlich PLD and supporting documents have been approved and recorded; 11. Written confirmation from Loveland Water and Power that the utility has no objections to the relocation and new location of the power line easement shall be submitted. Upon County Planning's receipt of the confirmation letter, the existing power line easement shall then be considered vacated and the new power line easement will have been dedicated.

Mr. Karan briefed the Board on the application and noted that the parcel has several topographical constraints and therefore building envelopes have been designated. Chair Rennels asked if there was room to move the envelopes and Mr. Karan stated that the envelopes would need to be smaller if the sloping soils present a problem.

Chair Rennels asked if the appeal to the landscape requirements had been advertised and Mr. Karan replied in the affirmative.

Ms. Suzette Shaff, engineer for the applicant stated that wells were drilled on both proposed building envelopes to monitor ground water elevations in April. The results of the monitoring noted that the elevations did not change during irrigation season and therefore the applicant objects to the Planning Commissions' condition for two season monitoring and no basements being allowed.

Mr. Paul Ehrlich, applicant stated that he built the home just east of the proposed lots and has never had an issue with soils or water. Mr. Ehrlich noted that he also objects to being required to locate utilities since there is no record for some of the drainage locations.

Much discussion ensued regarding drainage.

Mr. Ehrlich reiterated that the monitoring wells have not appreciatively changed since geological tests performed in 2001. Mr. Ehrlich further noted that a January 2002 letter from Colorado Geological Survey states that due to the sub-drains installed in Prairie Trails, the proposed sites would be protected from underground flows.

Commissioner Gibson asked if the applicant was in agreement with staff if the second condition was removed and Mr. Ehrlich replied in affirmative and noted that his engineer has already proven the ground water elevation.

Mr. Ken Morey, developer of Prairie Trails stated that the sub-drains were installed along the same path as the sewer lines in an effort to "de-water" the subdivision. Mr. Morey expressed concern with potential landscaping of large trees or shrubs above the sub-drains thereby causing damage to the lines and the potential for future homeowners "plugging" the drains.

At this time the hearing was closed and Chair Rennels asked if the "two irrigation seasons" was deleted, what would the applicant need to provide. Ms. Hayes stated that the submittal of a letter from a registered engineer would be sufficient and suggested the condition be modified to reflect such.

MOTION

Commissioner Gibson moved that the Board of County Commissioners approve the Ehrlich PLD with modified conditions as outlined above.

Motion carried 3 - 0.

MOTION

Commissioner Gibson moved that the Board of County Commissioners approve the Ehrlich re-zoning as requested and outlined in conditions 8 and 9 above.

Motion carried 3 - 0.

MOTION

Commissioner Gibson moved that the Board of County Commissioners approve the utility vacation as outlined in condition 10.

MOTION

Commissioner Gibson moved that the Board of County Commissioners approve the appeal to Section 8.5 of the Land Use Code.

Motion carried 3 - 0.

There being no further business, the hearing adjourned at 8:20 p.m.

TUESDAY, JUNE 22, 2004

ADMINISTRATIVE MATTERS

(#74)

The Board of County Commissioners met with Neil Gluckman, Assistant County Manager; Chair Rennels presided and Commissioner Bender was present. Also present were Al Kadera and Sean Wheeler, Planning Department; Donna Hart, Deni La Rue, Bob Keister, and Melinda Keen, Commissioners' Office; Kari Southard, Group Publishing; Major Justin Smith, Sheriffs' Office; Dr. Adrienne LeBailly and Jerry Blehm, Health Department; and Jean O'Connor, Clerk to the Board.

1. PUBLIC COMMENT: Mr. Mike McCreary and Mr. Wheeler addressed the Board requesting direction as to whether or not some lots were legal building sites because they were divided by the Court and don't meet the minimum lot size for the zoning. Mr. Kadera stated that he would meet with the County Attorney for a legal opinion.

The following citizens addressed the Board with concerns regarding a mountain lion in the Taft Canyon neighborhood and the lack of response from the Division of Wildlife: (DOW) Martha Marvin, Linda Beard, Babbett Cornell, Monica Mascio and Tom Vasburg. Chair Rennels noted that the Board would send an email to Dave Clarkson at the DOW expressing concern.

2. APPROVAL OF THE MINUTES FOR THE WEEK OF JUNE 14, 2004:

MOTION

Commissioner Bender moved that the Board of County Commissioners approve the minutes for the week of June 14, 2004 as presented.

Motion carried 3 - 0.

3. REVIEW OF THE SCHEDULE FOR THE WEEKS OF JUNE 28 AND JULY 5, 2004: Ms. Hart noted that there would not be administrative matters next week and that County offices would be closed Monday, July 5, 2004 in observance of July 4th.

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 Colorado Business Leasing; Hatchet; Edwards; Kelsey.

06222004A001 DEVELOPMENT AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND ROBERT E AND SHIRLEY A KOUNS AND THE KOUNS SUBDIVISION FOR THE KOUNS ASSOCOATION

06222004A002 WELL CONSTRUCTION AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND REESE & MOORE INVESTMENTS, LLC

06222004A003 AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND LAFARGE WEST, INC (Resurfacing Project)

06222004A004 AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE STATE OF COLORADO FOR THE USE AND BENEFIT OF THE DEPARTMENT OF LOCAL AFFAIRS, DIVISION OF HOUSING AND LARIMER COUNTY FOR AN EMERGENCY SHELTER GRANT

06222004A005 CHANGE ORDER LETTER #1 FISCAL YEAR 2003-2004 TO THE AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE DEPARTMENT OF PUBLIC SAFETY, DIVISION OF CRIMINAL JUSTICE

06222004A006 AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND IBM CORP. FOR CUSTOMER SERVICE

06222004A007 AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND IBM CORP. FOR CONSULTING SERVICES AND TO PROVIDE ASSET MANAGEMENT IMPLEMENTATION (Addendum A)

06222004D001 DEED OF DEDICATION OF PROPERTY FOR USE AS A PUBLIC HIGHWAY BY DONALD J AND BRENDA F SCHULTZ

06222004R001 FINDINGS AND RESOLUTION APPROVING THE WAGNER PRELIMINARY RURAL LAND PLAN

06222004R002 FINDINGS AND RESOLUTION APPROVING THE MESTAS MINOR LAND DIVISION

06222004R003 FINDINGS AND RESOLUTION APPROVING AN AMENDED PLAT OF TRACTS B & C OF THE MEKELBURG EXEMPTION

06222004R004 RESOLUTION ORDERING A PUBLIC HEARING TO CONSIDER PETITIONS FOR A PUBLIC IMPROVEMENT DISTRICT

06222004R005 FINDINGS AND RESOLUTION APPROVING THE DeTOMASI MINOR LAND DIVISION

06222004R006 FINDINGS AND RESOLUTION APPROVING AN AMENDED PLAT AND VACATION OF UTILITY EASEMENT IN CRYSTAL LAKES 6TH FILING LOTS 84 AND 95

06222004R007 FINDINGS AND RESOLUTION APPROVING AN AMENDED PLAT AND VACATION OF UTILITY EASEMENT IN CRYSTAL LAKES 12TH FILING LOTS 13 AND 14

06222004R008 FINDINGS AND RESOLUTION APPROVING AN AMENDED PLAT OF LOTS 54, 55 AND 56 IN FORT COLLINS INDUSTRIAL PARK 1ST FILING

06222004R009 FINDINGS AND RESOLUTION APPROVING AN AMENDED PLAT IN PARK HILL SUBDIVISION LOTS 1, 2, AND 3

06222004R010 FINDINGS AND RESOLUTION APPROVING AN AMENDED PLAT FOR CARRIAGE HILLS 4TH FILING LOTS 4, 5, 28-36, AND 97 BLOCK 10

065222004R011 FINDINGS AND RESOLUTION APPROVING THE HORSE CREEK RANCH SUBDIVISION REINSTATEMENT OF PRELIMINARY AND FINAL PLAT APPROVAL

06222004R012 FINDINGS AND RESOLUTION APPROVING THE BALL-KNEER BOUNDARY LINE ADJUSTMENT

06222004R013 FINDINGS AND RESOLUTION APPROVING THE RAVENCREST CHALET SUBDIVISION AND LOT DEPTH APPEAL

06222004R014 FINDINGS AND RESOLUTION APPROVING THE SHYANNE APPEAL

06222004R015 RESOLUTION FOR STATUTORY VESTED RIGHTS FOR KOUNS SUBDIVISION FINAL PLAT #03-S2181

06222004R016 RESOLUTION AND QUIT CLAIM BY THE BOARD OF COUNTY COMMISSIONERS TO THE CITY OF FORT COLLINS

MISCELLANEOUS: Kouns Subdivision Development Final Plat; Larimer County Contributory Retirement Plan and Good Faith Compliance Amendment for the Economic Growth and Tax Relief Reconciliation Act of 2001; By-laws and Rules of Procedure of the Larimer County LaPorte Area Planning Advisory Committee; and Larimer County Workforce Investment Act Five-Year Plan modification for program year 2004.

LIQUOR LICENSES: The following licenses were both approved and issued Supermarket Liquors- Retail- Fort Collins, CO and Villa Tatra- Beer and Wine- Lyons, CO.

Motion carried 2 - 0.

5. WEEK OF HOPE PROCLAMATION: Ms. Southard stated that many elderly, disabled and/or impoverished residents of Larimer County have basic needs that can not be met without the assistance of one or more nonprofit organizations. These organizations are often in need of volunteers, which is where the Group Workcamp Program assists. The program has worked with local agencies to bring folks together to give a Week of Hope to the residents in the Larimer County area. Commissioner Bender read the proclamation for the record.

6. FUNDING FOR HOUSING FEMALE INMATES: Major Smith stated that the current situation regarding female inmates is that the facility holds a maximum of 59, but as of this week, there are 85 inmates. Since there is no additional housing, Major Smith continued, the County can send 10 - 17 women to other jails for a maximum of $45/day/inmate for approximately 6 - 8 weeks. Commissioner Bender clarified that the cost would be about $4,200 per week for 15 inmates and Major Smith replied in the affirmative. Chair Rennels asked if the Sheriff has any money in his budget for this and Major Smith said no. Chair Rennels asked if other counties also have an increase in the female inmate population and Major Smith replied in the affirmative and cited female drug offenses are on the increase. Chair Rennels stated very clearly that if the requested funds are not totally used, she wants the balance returned to the general fund.

Mr. Keister distributed a chart showing additional allocations made this year from the general fund and noted that funds are currently down 2.8 million. Options available to the Board are 1. Allocate the funds and hope other departments don't spend their entire budget; or 2. Require requesting department to find funding within and hope they make it through the year.

Commissioner Bender stated that he could support a one-time allocation and hope the Sheriff does not come back for more; Chair Rennels concurred.

MOTION

Commissioner Bender moved that the Board of County Commissioners approve additional funding of $35,000 to pay for housing County sentenced female inmates in other facilities who have the space to hold them.

Motion carried 2 - 0.

7. WEST NILE UPDATE: Dr. LeBailly requested direction in two areas 1.The municipalities have asked if the County would contribute to the cost of adultisiding within city boundaries, and 2. If thresholds are met this year, is funding available for spraying in unincorporated Larimer County?

Mr. Keister stated that no funding has been set aside but consideration had been given to carryover funds. Chair Rennels stated that the urban density areas of unincorporated Larimer County should be addressed first, however contract cost sharing is acceptable.

Dr. LeBailly clarified the direction is to get contracts to adultiside if thresholds are met in urban density unincorporated areas and then consider cost share with the cities. The Board concurred.

8. INTERGOVERNMENTAL AGREEMENT (IGA): Ms. Cameron requested approval of the IGA and noted that it defines the partnership between the County and the Sub-district regarding purchase, access and responsibilities of each entity. Ms. Cameron stated that as a result of the partnership, the cost of acquiring the Chimney Hollow property has been reduced. Chair Rennels asked if the project would be reviewed through the Location and Extent process and Ms. Cameron replied in the affirmative.

MOTION

Commissioner Bender moved that the Board of County Commissioners approve the Intergovernmental Agreement for Chimney Hollow Reservoir and Open Space Partnership with the Sub-district of the Northern Colorado Water Conservancy District.

Motion carried 2 - 0.

06222004A008 INTERGOVERNMENTAL AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE MUNICIPAL SUB-DISTRICT OF NORTHERN COLORADO WATER CONSERVANCY DISTRICT FOR THE CHIMNEY HOLLOW RESERVOIR AND OPEN SPACE

9. BOARD APPOINTMENTS: Ms. Keen requested Board approval for the following appointments and term extensions (* indicates a waiver of term limits): Agricultural Advisory Board: The following citizens received a 5-month term extension commencing July 1, 2005 and expiring November 30, 2005 Gary Callahan, Minerva Lee, Bruce Lindahl, Ed Race and Phil Teeter. The following received a 6-month extension commencing July 1, 2006 and expiring November 30, 2006 Peggy Arevalos, Brett Markham, Richard Seaworth, and Dawn Thilmany. The following received appointment for a 3-year term commencing July 1, 2004 and expiring November 30, 2007 George Reed, Jon Slutsky, *Ted Swanson and *George Wallace.

Board of Appeals: The following received appointment for 3-year terms commencing July 1, 2004 and expiring June 30, 2007 Michael Millsapps and *William Van Horn. Julie O'Gorman was appointed to a 2-year term commencing June 22, 2004 and expiring June 30, 2006.

Community Corrections Advisory Board: Vicki Peterson was appointed for a 2-year term commencing July 1, 2004 and expiring June 30, 2006.

Core Services/Placement Alternatives Commission: The following were appointed to a 1-year term commencing July 1, 2004 and expiring June 30, 2005 Brenda Gifford, Lynn Langton, Thad Paul and Vicki Grassman. The following were appointed to 2-year terms commencing July 1, 2004 and expiring June 30, 2006 Mary Jo Berenato, Timothy O'Neill, Ed Rutherford, Maurice Williams and Joe Ferrando. The following were appointed to 3-year terms commencing July 1, 2004 and expiring June 30, 2007 Larry Abrahamson, Jim Drendel, Randy Ratliff, John Rattle and Paul Cooper.

Extension Advisory Committee: The following were appointed to 3-year terms commencing July 1, 2004 and expiring June 30, 2007 Dixie Jane Dick, Kelly DiMartino and Mary Robertson.

Flood Review Board: The following were appointed to 3-years terms commencing July 1, 2004 and expiring June 30, 2007 Christopher Thornton and *Chester Watson.

Open Lands Advisory Board: The following were appointed to 3-years terms commencing July 1, 2004 and expiring June 30, 2007 Mark DeGregorio, Bill Newman, Duane Pond and Ted Swanson.

Weed Control District Advisory Committee: The following were appointed to 3-years terms commencing July 1, 2004 and expiring June 30, 2007 Charles Miller, Tom Ostertag and Mathew Parker.

MOTION

Commissioner Bender moved that the Board of County Commissioners approve the appointment to Boards as presented and outlined above.

Motion carried 2 - 0.

10. WORK SESSION: Mr. Gluckman stated that it is time to submit legislative issues to CIC and suggested the Good Time to Alternative Sentencing and Bail Bonds Alternatives; the Board concurred.

Mr. Gluckman briefed the Board on the status of a Human Resources Director and stated 82 applications had been received and the hope is to reduce the list to 15 once applicants have responded with their essays.

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

There being no further business, the meeting adjourned at 11:00 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

Background Image: Loveland Bike Trail by Sharon Veit. All rights reserved.