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PROCEEDINGS OF THE BOARD OF COUNTY COMMISSIONERS

MONDAY, FEBRUARY 10, 1997

LAND-USE PLANNING MEETING

(#147)

The Board of County Commissioners met at 3:00 p.m. in regular session with Larry Timm, Director of Planning. Chair Disney presided; Commissioners Clarke and Olson were present. Also present were: Rob Helmick, Senior Planner; Carol Evans, Planner II; Lonnie Sheldon, Project Engineer; Doug Ryan, Environmental Health Planner; and Jeannine Haag, Assistant County Attorney. Recording Clerk, S. Graves.

Chair Disney noted that the following are consent items and will not be discussed in detail unless requested by the Commissioners or members of the audience.

1. AUDREY'S ACRES AMENDED MINOR RESIDENTIAL DEVELOPMENT

(#96-EX0988): SW 32-08-69 - 1/4 MILES WEST OF OVERLAND TRAIL

OFF OF ARAPAHOE DRIVE VIA SHILO DRIVE; 23.02 ACRES;

FA-FARMING ZONING

This is a request for an Amended Minor Residential Development and amended exemption of the Hammond Exemption to adjust the boundary line between Tract B of Audrey's Acres MRD and Tract A of the Hammond Exemption, with a portion of the access easement on Tract B to be vacated. Staff findings include: 1) Audrey's Acres MRD was recorded in 1993; an access easement across Tract A of the Hammond Exemption provided access to Tract B of the MRD from Arapaho Drive. The property owners are requesting a boundary adjustment and vacation of a portion of the access easement; 2) The request has been reviewed by utility companies and the County Engineering and Health Departments. There are no objections to the proposed amended plats and easement vacation; 3) Vacation of a portion of the access easement to Tract B of Audrey's Acres MRD will not affect access to any other lot and will not leave any lots without access.

The staff recommendation is for approval of the Amended Plat of Audrey's Acres Minor Residential Development, the Amended Hammond Exemption, and the vacation of that portion of the 30' access easement located on Tract A of the Hammond Exemption north of the cul-de-sac of Arapaho Drive, with the following conditions: 1) The applicants shall submit a metes and bounds legal description of the portion of the easement being vacated. The legal description shall be prepared and signed by a Colorado licensed surveyor; 2) Requirements for amended MRD and exemption plats shall be completed and recording fees shall be paid by the applicants.

2. SAKOWICZ MINOR RESIDENTIAL DEVELOPMENT (#96-EX0852):

SW 1/4 8-04-69 - ON THE NORTH SIDE OF COUNTY ROAD 10, 1/2

MILE EASE OF COUNTY ROAD 23; 12.97 ACRES; 2 LOTS;

FA-1 FARMING ZONING

This is a request to divide a 12.97 acre lot with one existing dwelling into two lots of 5.91 and 7.06 acres for single family residential use. Staff findings are: 1) The proposed Minor Residential Development meets all the requirements of the Larimer County Zoning and subdivision regulations; 2) The Minor Residential Development is consistent with anticipated land use patterns of the Land Use Plan; 3) With certain conditions of approval, no reviewing agency has identified a concern with the proposal; 4) The approval of this exemption does not adversely affect the health, safety, or welfare of existing or future inhabitants.

The staff recommendation if for approval of the Sakowicz Minor Residential Development, with the following conditions: 1) Right-of-Way of CR 10, for a total half width of 50 feet, must be dedicated on the plat; 2) The access road must be revised to reflect a dedication of a 50 ft. wide right-of-way and improved to a 20 foot width, for that portion which is common, or at least 100 feet north of the ROW of CR 10; 3) The applicant shall install a fire hydrant along CR 10, which meets the requirements of the Berthoud Fire Protection District; 4) The plat must contain the following notes: a) Uses on this property are limited to single family residential and accessory uses; b) All utilities must be underground; c) Engineered footings and foundations are required; d) Radon testing is required on new residential structures; e) Park fees are required in the amount of $315 at the time of building permit on Lot 1; f) A Section 2.8 road fee of $2,557.00 at the time of building permit on Lot 1 is required; g) If any new residential structure is not located within 500 feet of a fire hydrant, capable of producing 1000 GPM with 20 psi residual pressure, then an approved residential sprinkler system will be required; h) An Engineered sanitation system will be required for Lot 1; I) Prior to the construction of a residence on Lot 1, the owner shall be required to submit a culvert plan for review and approval by the Larimer County Engineering Department; j) The area surrounding this proposal is rural and future residents should be aware of certain issues, including: mosquitoes, wildlife, prairie dogs, and farming practices. The County doesn't control these possible nuisances and property owners are responsible for being aware of these circumstances and controlling them as appropriate.

3. IHNEN MINOR RESIDENTIAL DEVELOPMENT (#96-EX0973):

NE 1/4 01-04-69 - SOUTHWEST CORNER OF THE INTERSECTION OF

HIGHWAY 60 (COUNTY ROAD 14) AND COUNTY ROAD 904

(WELD COUNTY ROAD 1); 30.94 ACRES; FA-FARMING ZONING

This is a request to divide a 30.9 acre tract into a 3 acre and 27 acre lot for single family residential use. Staff findings include: 1) The proposed Minor Residential Development meets all the requirements of the Larimer County Zoning and subdivision regulations; 2) The Minor Residential Development is consistent with anticipated land use patterns of the Land Use Plan; 3) With certain conditions of approval, no reviewing agency has identified a concern with the proposal; 4) The approval of this exemption does not adversely affect the health, safety, or welfare of existing or future inhabitants.

The staff recommendation is for the Board to approve the Ihnen Minor Residential Development with the following conditions: 1) Right-of-Way for CR 904, for a total half width of 50 feet, must be dedicated on the plat; 2) Additional Right-of-Way for Highway 60 for a total half width of 75 feet must be dedicated; 3) The applicant must indicate the location of the abandoned oil well on the site. Information must be submitted which indicates that the well was closed according to the regulations of the State Oil and Gas Commission; 4) Provisions for the maintenance of the common drive must be provided prior to the final plat. A drainage, erosion control and culvert plan will be required with the application for building permit on either lot; 5) The plat must contain the following notes: a) Uses on this property are limited to single family residential and accessory uses; b) All utilities must be underground; c) Engineered footings and foundations are required; d) Radon testing is required on new residential structures; e) Park fees are required in the amount of $315 at the time of building permit; f) A Section 2.8 road fee of $2,368.00 is applied at the time of building permit on both lots; g) If any new residential structure is not located within 400 feet of a fire hydrant, capable of producing 1000 GPM with 20 psi residual pressure, then an approved residential sprinkler system will be required; h) Prior to the construction of a residence on either lot, the owner shall be required to submit a culvert plan for review and approval by the Larimer County Engineering Department; I) The area surrounding this proposal is rural and future residents should be aware of certain issues, including: mosquitoes, wildlife, prairie dogs, and farming practices. The County does not control these possible nuisances and property owners are responsible for being aware of these circumstances and controlling them as appropriate; j) School fees must be paid at building permit; k) No further division of this property will be allowed without approval of a subdivision.

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners adopt the staff findings and staff recommendations and approve Audrey's Acres Amended Minor Residential Development (#96-EX0988); Sakowicz Minor Residential Development (#96-EX0852); and the Ihnen Minor Residential Development (#96-EX0973); each, with the conditions as outlined.

Motion carried 3 - 0.

The meeting adjourned at 3:05 p.m.

TUESDAY, FEBRUARY 11, 1997

ADMINISTRATIVE MATTERS

(#147 @ 300 & #148)

The Board of County Commissioners met at 9:00 a.m. in regular session with Frank Lancaster, County Manager. Chair Disney presided; Commissioners Clarke and Olson were present. Also present were: Neil Gluckman, Assistant County Manager; Ginny Riley, Director of Human Development; Larry Timm, Director of Planning; Brice Miller, Chief Building Official; and Ed Zdenek, Interim Director Rural Land Use Center. Recording Clerk, S. Graves.

1. OPEN SESSION FOR PUBLIC COMMENT: The following persons addressed the Board during the open session for public comment: Don Marostica, Gene Pielin, Steve Frenzl, Greg Wild, Joan Loomis, Ron Harden (All members of the Big Thompson River Corridor Study Committee in Loveland) and Jack Swets. The Chair of the Committee, Mr. Marostica, provided the background and brief history of the Big Thompson River Corridor Study; he noted that in June 1996, the City of Loveland approved their Open Lands Plan and adopted by the City Council, a selection committee of nine was formed, and a firm was hired to study the Big Thompson River Corridor. Mr. Marostica stated that as part of the scope of services 70-75% of the plan is data gathering information about the river and 25% is talking to the landowners along the river corridor to see if they want to willingly participate in the study. Mr. Marostica stated that two meetings have been held and six of the nine members of the River Corridor Committee are here today to talk to the Board about what they think and to see if there are other options to consider. Mr. Marostica stated that he consider the study risk management to learn more about the river, it is not a matter of losing property rights and the property owners can be willing participants in the study to see what can happen with the ground they own, and if they don't want to participate, they don't have to. Mr. Frenzl stated that the study is totally different than what the landowners think. Mr. Wild stated that he has consistently been against the study from the beginning and is the strongest opponent for doing this study; he noted he is a representative of the property owners along the river and he noted that the property owners want the study stopped. Mr. Pielin reviewed the scope of services and stated that this study is just a study of the river and it doesn't take away property rights and doesn't allow public access to their property. Mr. Pielin stated that this committee doesn't have any authority whatever to take away property rights - it is just a study of a river; the Committee requested the Board to come out in favor of this study. Joan Loomis stated that she is a landowner on the river, an advocate of open space, and she agrees that the scope of services is not a threat to property rights; however, she noted that there is a lot of fear and anger among the landowners and they feel that the open lands plan is more policy rather than a guideline. Ms. Loomis stated that there is the open space inventory, the natural resources inventory, the open lands plan in the Master Plan, and the Loveland Open Lands Commission has been formed and that body is in great jeopardy of having any credibility because there is mass confusion among the landowners on the role of the Big Thompson Corridor Study versus the Open Lands Commission. Ms. Loomis stated that she doesn't believe that the River Corridor Study is necessary and 90% of the landowners do not want it continued; she submitted a list of comments regarding this matter made by landowners within the city limits and in the county. Ms. Loomis proposed that the study be stopped and she presented a flow chart of procedures that the landowner can follow: 1) To keep it as is, they do nothing; 2) If they want to sell or consider preservation options, they go to the Open Lands Commission; 3) If they want to develop their land, they go through the normal development process.

Commissioner Olson summarized that because of all the controversy with this issue, the Commissioners have decided to stop, regroup, and then decide whether or not to continue with the study. Commissioner Clarke informed the Committee members that Larimer County has a plan of Systematic Development of Informed Consent and when there is a controversial topic, and you want to become an implementation genius in terms of getting the project done, you fall back and develop strategies and techniques from objectives you put that together so you can work with the people in a straightforward honest way so it gets rid of a lot of misinformation and work toward a common goal; he noted that he has suggested to Treva Edwards, Mayor of Loveland, getting staff from both the City of Loveland and Larimer County, as well as several elected officials, etc. to run this plan through the Bleiker System. Chair Disney concurred that getting the appropriate staff from the County working with city staff of Loveland is an excellent suggestion.

Jack Swets, Timnath resident who addressed the Board previously during open session for public comment in opposition to Project #203 in Timnath, thanked Commissioners Clarke and Olson for coming to the meeting in Timnath last week to discuss this road project; he noted that their attendance was very much appreciated by the community. Mr. Swets also noted that he understood that Chair Disney had another meeting that evening and was unable to attend.

2. APPROVAL OF MINUTES FOR WEEK OF FEBRUARY 3, 1997:

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners approve the Minutes for the week of February 3, 1997, as submitted.

Motion carried 3 - 0.

3. APPROVAL OF SCHEDULE FOR WEEK OF FEBRUARY 17, 1997:

M O T I O N

Commissioner Olson moved that the Board of County Commissioners approve the Schedule for the week of February 18, 1997, as submitted and revised.

Motion carried 3 - 0.

4. APPROVAL OF CONSENT AGENDA:

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners approve the following appointment and documents as listed on the Consent Agenda on Document Review for February 11, 1997:

-- Appointment of Jane Higgins to replace Dr. Ken Curtis on the Board of Health for a term expiring June 1998:

-- Documents:

MISCELLANEOUS DOCUMENT: Depperschmidt Amended Minor Residential Development Plat. LIQUOR LICENSES: County approval was granted to: Total #2743 - 3.2% - Loveland, CO.; and Convenience Plus No. 7 - 3.2% - Fort Collins, CO.

A97-25 AGREEMENT CONCERNING ROAD IMPROVEMENTS ON COUNTY

ROAD 5 BETWEEN THE BOARD OF COUNTY COMMISSIONERS

AND WENDELL AND CYNTHIA LEINWEBER (Project #203)

C97-02 CONTRACT FOR PROFESSIONAL SERVICES BETWEEN THE

BOARD OF COUNTY COMMISSIONERS AND FELSBURG

HOLT & ULLEVIG (Development of Transportation Element of the

Partnership Land Use System)

C97-03 CONTRACT TO PURCHASE CHILD PLACEMENT AGENCY

SERVICES BETWEEN THE BOARD OF COUNTY

COMMISSIONERS AND JACOB FAMILY SERVICES, INC.

C97-04 CONTRACT BETWEEN THE BOARD OF COUNTY

COMMISSIONERS AND THE STATE OF COLORADO,

DEPARTMENT OF LOCAL AFFAIRS, AMERICORPS (Provision

of Community Service to Larimer/Weld Counties)

C97-05 CONTRACT BETWEEN THE BOARD OF COUNTY

COMMISSIONERS AND CONTRACTING SERVICES, INC. OF

AURORA (Bridge Replacement and Intersection Reconstruction -

Project #203)

Commissioner Clarke noted that even though the above contract includes the reconstruction of the intersection, which has been dropped from the project, County Attorney George Hass recommended that the Board sign this contract at this time, with the change order clauses to be added later removing the intersection reconstruction portion of the contract.

D97-04 DEED OF DEDICATION BY DOUGLAS C. AND DEBRA L.

ROBINSON (Project #212 - Elkhorn Bridge)

Motion carried 3 - 0.

5. APPOINTMENT OF HUMAN DEVELOPMENT ADVISORY BOARD: Ms. Riley reminded the Board that in October of 1996, the Commissioners approved bylaws creating a new Human Development Advisory Board and subsequent to that approval the recruitment of members commenced. Ms. Riley requested Board approval of ten appointments to the new Human Development Advisory Board, with terms staggered and arbitrarily assigned alphabetically; she noted that five vacancies will remain but she would like to work with these ten members and then identify where the gaps are with regard to expertise and representation and then the five additional appointments will be made.

M O T I O N

Commissioner Olson moved that the Board of County Commissioners approve the following appointments to the Human Development Advisory Board, with staggered terms as listed: Linda Bobbitt, Judy Jacobs, Katherine McLeon, and James Edward Talboy, each for a one-year term; Leroy Gomez, Judith Johnston, and Dorothy Nazarenus, each for a two-year term; and David Griffin, Mary Belle McKeown, and Rochelle (Shelley) Stephens, each for a three-year term.

Motion carried 3 - 0.

6. DISCUSSION OF LEGISLATIVE ACTION PLANS: Mr. Gluckman noted that Legislative Bills are coming in and he wanted to establish a process regarding when the Commissioners want to take action on them; he stated that if there is time, he would like to discuss the Bills with the Board during Administrative Matters, go through an analysis of the Bill and determine the recommended action. Mr. Gluckman stated that the next recourse would be to send the Bills out on E-Mail, with an analysis and recommended action; if a Bill needs immediate attention, he asked if he could call at least two of the Commissioners to get their response. The Board concurred with the suggestions. Mr. Gluckman submitted a summary of House Bill 97-1062 in which the State would set up a licensing board for heating, air conditioning, ventilation, refrigeration, etc.; he noted that this Bill is being co-sponsored by the majority of our local legislators. Mr. Gluckman stated that Colorado Counties, Inc. (CCI), the City of Fort Collins, CML, and the Jefferson County Board of Commissioners oppose this Bill because it erodes local power and creates and fosters a bigger bureaucracy in the State of Colorado. Mr. Miller stated that this legislation has been pushed by the Denver Metro area, but it is not going to make thinks simpler and this is not the right time for it. Discussion followed; Chair Disney suggested that some uniform statewide standards be written which will not take away local flexibility. Mr. Miller stated that the current Code has been amended in order to be consistent with the Cities of Fort Collins and Loveland and soon the 1997 codes will be adopted with those jurisdictions and the County. CONSENSUS OF THE BOARD was to oppose HB 97-1062. Mr. Gluckman requested the Board to talk to Representative Bacon, who is on the Business Affairs Committee; Mr. Miller will draft a letter to Representative Bacon, which the Chair will sign.

7. DISCUSSION OF STATUS OF RLUC BOARD AND RLUC CODE: Mr. Timm

stated that the purpose for today's meeting is for the Board to confirm the amendments to the Rural Land Use Process; however, before doing that, since appointments have not been made to the Rural Land Use Board, and because the Code has been adopted and it refers to a Board, he suggested an interim Rural Land Use Center Board be appointed.

M O T I O N

Commissioner Clarke moved that the 35-Acre Task Force be appointed as the interim Rural Land Use Center Board until such time new members are appointed, and that a meeting be scheduled, during the regular meeting time of the Task Force as soon as possible to discuss the transition period.

Motion carried 3 - 0.

Commissioner Olson stated that she asked the 35-Acre Task Force to select several members to assist the Commissioners with interviews this Friday for the Rural Land Use Center Director and the group selected Bob Graves, Kathy Rennels, Tom Van Velson and Wendell Amos; it was noted that eight interviews will be held. Mr. Timm noted that he will be meeting with the interview team at 8:30 a.m. tomorrow for a briefing.

Mr. Timm discussed the following amendments to be made to the Rural Land Use Code, as recommended by the Commissioners: 1) The RLUC Board would have nine members with staggered terms; 2) The wording on market value changed, with regard to residual land if it were to be sold, to say "future current market value". It was suggested that Assistant County Attorney Ms. Haag be consulted regarding the wording on these amendments. Mr. Timm stated that he will start the process for scheduling a public hearing regarding these amendments.

8. BOARDS AND COMMISSIONS POLICY: Mr. Lancaster reviewed the changes made in the Boards and Commissions Policy and stated that if the Board concurred with the changes, he would send it to be reviewed by all the Departments and Boards. The Board suggested several additional changes and otherwise concurred with the Policy as present. Chair Disney suggested that once adopted, this Policy should be an addendum to the Bylaws of all Boards and Commissions.

9. WORKSESSION:

-- Drink-N'-Dawg: Further discussion ensued regarding whether or not a public hearing should be scheduled concerning renewal of the liquor license for the Drink-N'-Dawg. Mr. Lancaster noted that he talked to Undersheriff Kammerzell and he will request that in the future his officers submit very detailed incident reports. After reviewing the complete incident report recently received from the Sheriff's Department concerning the Drink-N'-Dawg, the Board decided not to schedule a hearing at this time.

-- Letter from U. S. Forest Service: Mr. Lancaster stated that a letter was received from the U. S. Forest Service terminating the three-way agreements with the property owners, the Forest Service, and the County regarding road maintenance on the Cedar Park Road and Little Valley Roads; he noted that they want the agreements rewritten so they just include the County and the homeowner's association. Chair Disney stated he would like to hear from Public Works Director Rex Smith regarding this matter. Mr. Lancaster noted that this letter is not in the form of a request, it was a termination of the agreements.

-- Invitations: Ms. Hart reviewed the pending invitations with the Board and they indicated to her which events they could attend.

10. COMMISSIONER'S REPORTS:

-- Commissioner Olson reported she met with Larry Timm and discussed what the RLUC will mean to the Planning Department, the Facilities Plan and security and her concern regarding customers; she noted she also met with GIS Manager Bruce Biggi.

-- Commissioner Clarke noted that with regard to Community Corrections, he hoped his fellow Commissioners had a chance to be interviewed as part of the survey; with regard to the Youth Detention Facility, they looked at several possibilities of places for it to be located, other than the Detention Center. He reported on his interview with ABC News regarding the "Code of the West".

-- Chair Disney reported he received a letter from Senator Campbell requesting the Board's position on reauthorization of the Intermodal Service Transportation Efficiency Act (ISTEA) and he requested the Board's permission to send a letter indicating the Board's support of the re-authorization; the Board concurred. He also reported he met with Janelle Henderson, Director of Natural Resources, regarding the landfill.

11. LEGAL MATTERS:

At this time County Attorney George Hass, Assistant County Attorney Jeannine Haag, Sheriff Richard Shockley, and Risk Manager Kate Tremblay joined the meeting for Legal Matters.

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners go into Executive Session at 11:10 a.m. to discuss contract negotiations and seek legal advice.

Motion carried 3 - 0.

The Executive Session ended at 12:10 p.m.; no action taken.

______________________________________

JIM DISNEY, CHAIR

BOARD OF COUNTY COMMISSIONERS

( S E A L )

ATTEST:

____________________________________

Sherry E. Graves, Deputy County Clerk

Background Image: Rocky Mountain National Park by Sue Burke. All rights reserved.