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PROCEEDINGS OF THE BOARD OF COUNTY COMMISSIONERS

MONDAY, APRIL 7, 1997

LAND-USE PLANNING MEETING

(#168 @ 400)

The Board of County Commissioners met at 3:00 p.m. in regular session with Rob Helmick, Senior Planner. Chair Disney presided; Commissioners Clarke and Olson were present. Also present were: Al Kadera, Subdivision Administrator; Carol Evans, Planner II; Lonnie Sheldon, Project Manager; 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. RANCH ACRES 2ND SUBDIVISION UTILITY EASEMENT VACATION

(#97-SA1012): 35-06-69 IN LOVELAND; 1.28 ACRES; R-RESIDENTIAL

ZONING

This is a request to vacate the utility easement in Ranch Acres Subdivision 2nd Subdivision in Loveland. Staff findings include: 1) Ranch Acres was approved in 1962; 2) The original plat included a utility easement that runs through several lots parallel to and 120 feet from the front lot lines; this easement interferes with building sites on the lots; 3) This easement has not been used by any utilities serving this area. All utilities currently serving this area have reviewed the proposed vacation and stated no objections; 4) The County Health and Engineering Departments reviewed the proposed vacation and stated no objections; 5) The application submitted requested the vacation of the easement on Lot Q-1 but staff included all affected lots so the entire easement could be vacated at one hearing. The staff recommendation is for approval of the vacation of the utility easement on Lots N, O and P Ranch Acres Second Filing, Lots R-1 and Q-1 of the Replat of Lots Q and R, Ranch Acres Second Filing, and Lot 1 of the Amended Plat of Lots L and M, Ranch Acres Second Filing.

2. RURAL LAND USE PROCESS AMENDMENTS (#96-RL0908):

This is a request to amend the Rural Land Use Process. Staff findings are: 1) The proposed changes clarify and improve the Rural Land Use Process; 2) The amendments are consistent with the recommendations of the 35 Acre Task Force.

The Planning Commission/Interim Rural Land Use Board recommendation is for approval of the following amendments to the Rural Land Use Process: Page 5 Section V(B)(1)(a) - Change the words "eight members" to nine members"; and add "...members who will serve three year staggered terms". At the end of (a) add "The initial appointments shall be as follows: 3 members having one year terms, 3 members having two year terms, and 3 members having three year terms." Page 17(d)(3) add "..or land trust at the then current fair market value."

3. PINEWOOD LAKE FIRE PROTECTION DISTRICT (#97-RR0988):

All of 30, 31 and the W 1/2 of 29 & 32-05-70 and E 1/2 of 25-05-71

This is a request to set a date for the Planning Commission to consider the proposed service plan for the Pinewood Lake Fire Protection District; it was noted that the proposed service plan has been referred to all affected reviewing agencies and all taxing authorities within three miles of the proposed district boundary. The hearing before the Planning Commission must occur within 30 days of the date the service plan was filed (March 21, 1997); the County Attorney has prepared a resolution for the Board to approve in which the proposed service plan is referred to the Planning Commission for their consideration on April 16, 1997.

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners adopt the Planning Commission/Interim Rural Land Use Board/Staff findings and recommendations and approve the Ranch Acres Second Subdivision Utility Easement Vacation (#97-SA1012), the Rural Land Use Process Amendments ( #96-RL0908), as outlined, and the Resolution for the Pinewood Lake Fire Protection District (#97-RR0988) in which the date is set for April 16, 1997 for the Planning Commission to consider their proposed service plan.

Motion carried 3 - 0.

R97-31g RESOLUTION TO REFER THE SERVICE PLAN FOR THE

PINEWOOD LAKE FIRE PROTECTION DISTRICT TO THE

LARIMER COUNTY PLANNING COMMISSION FOR

RECOMMENDATION

4. LENART MINOR RESIDENTIAL DEVELOPMENT (#96-EX0899):

NW 1/4 31-05-68 ON EAST SIDE OF COUNTY ROAD 13, 1/2 MILE NORTH

OF STATE HIGHWAY 60; 42.54 ACRES; 2 LOTS; FA-FARMING ZONING

This is a request to divide 42.54 acres into 2 parcels of 1.7 acres with existing improvements and 40.84 acres for a new single family dwelling; an MRD appeal and a lot size variance were granted for this property. Ms. Evans reminded the Board that this request was originally heard by the Board on March 10, 1997 and was tabled to this date to allow the staff, the applicant, and the Consolidated Home Supply Ditch and Reservoir Company time to resolve the issue regarding the recommended requirement for a written agreement; she noted that staff has received a copy of a revised agreement proposed by the ditch company, in which the paragraph regarding waiver of rights for claims or damages has been deleted. Ms. Evans provided a brief presentation of the proposal and noted for the record that no representative from the ditch company is present for today's hearing. Ms. Evans informed the Board that since the hearing on March 10, 1997, another issue has arisen regarding the width of the easement that is being requested by the ditch company; she noted that staff reviewed the request and is recommending that condition #5 be amended (as described below) to specify the width of the ditch easement. Staff findings include: 1) The proposed Lenart MRD is in compliance with the Larimer County Subdivision Resolution, Comprehensive Zoning Resolution, and the Comprehensive Land Use Plan; 2) Approval of the proposed Lenart MRD, with certain conditions, should not result in any significant negative impacts on the natural environment and resources, adjacent properties, transportation or provision of services.

Applicant Ann Lenart submitted copies of correspondence between herself and the ditch company; she reviewed the history of the situation and discussed the liability and easement being requested on the west side of the ditch. Ms. Lenart stated that the ditch rider informed her that all maintenance is done from the east side of the ditch and she questioned the reasoning behind the request for an easement on the west side; if it is granted, she stated that the superintendent of the ditch company verbally agreed that 8 feet from the top of the bank on the west side would be acceptable, and not the 10 feet being requested. Ms. Lenart expressed concern about the trees along the west side of the ditch; she stated that she will agree to the suggested amendments to condition #5 if the written agreement with the ditch company can be waived. Ms. Haag stated that the agreement can be changed in a form that Ms. Lenart is willing to sign and presented to the ditch company for signature; if they choose to not sign the agreement, then Ms. Lenart is not bound by it as she will have satisfied the conditions of approval of the County for the MRD. After further discussion, paragraph #8 in the agreement between the applicants and the Consolidated Home Supply Ditch and Reservoir Company was amended to read: "The Ditch Company is granted the full right and authority to cut, trim, remove, destroy, or modify any trees, shrubs, grasses, structures, fences or other items within the easement causing a hazard within the easement"; the word "or" was deleted before "causing a hazard within the easement.

After further discussion, the staff recommendation for conditions of approval of the Lenart MRD were amended as follows: 1) An Annexation Agreement, signed by all property owners and notarized, shall be submitted for recording with the Final Plat; 2) Additional right-of-way for County Road 13 to provide a half right-of-way of 35 feet along the frontage of this property shall be dedicated on the Final Plat; 3) A letter signed by the applicants shall be submitted that acknowledges that the access points for this development do not and will not constitute approval of access for additional lots to be created in this vicinity. The Plat shall note that any further division of these lots may result in new access requirements; 4) Fire protection required by the Loveland Fire District shall be the responsibility of the developer. Any necessary water line extensions and fire hydrant installations shall be included in a Subdivision Improvements Agreement. If residential fire sprinkler systems are chosen for fire protection for the development, then the Final Plat shall note that such systems are required for residential structures, that plans shall be submitted with building permit applications, and that the Fire District approval is required prior to issuance of building permits; 5) A written agreement, which is acceptable to the property owners, with the Consolidated Home Supply Ditch and Reservoir Company that addresses the use and maintenance of and access to the ditch system shall be required, specifying the width of the ditch easement as follows: Tract 1, the easement shall be 10 feet from the top of the west ditch bank and 25 feet from the top of the east ditch bank and for Tract 2, the easement shall be 25 feet from the top of the west ditch bank and 10 feet from the top of the east ditch bank; the agreement shall be recorded with the Final Plat. The Final Plat shall accurately map the ditch easement on the property and shall note the existence of the written agreement; the applicants are required to sign and submit the agreement with Consolidated Home Supply Ditch and Reservoir Company in the form shown on pages 40-46 in the staff agenda for the April 7th hearing with changes in paragraph 7 (Page 1 of the agreement) to specify easement widths and paragraph 8 (Page 2) deleting the word "or" in the 3rd line; 6) All easements and rights-of-way of record or as requested by utility providers shall be provided on the Final Plat. Non-building areas, as approved by the County Health Department, shall be shown on the Final Plat; 7) A road maintenance agreement or covenant shall be required for recording along with the Final Plat. The Plat shall note that maintenance of the streets in the development is the responsibility of the property owners and reference the maintenance agreement or covenant. The note shall also state that said covenant cannot be revoked without the approval of the Larimer County Board of Commissioners; 8) Recording fees for the Final Plat and all required documents shall be paid by the developer; 9) All improvements required for this development shall be the responsibility of the developer. A Subdivision Improvements Agreement, along with acceptable collateral, shall be submitted prior to recording the Final Plat or the improvements can be completed and inspected and approved by County Engineering prior to recording; 10) In addition to other items noted above, the Final Plat shall contain the following notes: a) These lots are subject to an agreement with Consolidated Home Supply Ditch and Reservoir Company which is recorded along with this Plat; b) Due to water flowing in the ditch system, there is a possibility of subsurface water on this property being at or very near the surface. This may affect the utility of certain portions of the property for construction of structures. Landowners within the subdivision are notified that the water in the irrigation ditch of the Consolidated Home Supply Ditch and Reservoir Company may, and has in the past, overflowed the banks of the ditch. The banks of the ditch may erode or break and cause water to flood adjacent property. Landowners within the subdivision may want to obtain insurance coverage to protect the land and improvements from loss due to flooding from the ditch; c) Underground utilities are required in this development; d) Property owners should be aware that mosquitoes and wildlife (such as skunks, raccoons, geese) may present a significant nuisance. Larimer County does not have a mosquito control program; any spraying or other control is the responsibility of the property owner. Larimer County is not able to mitigate wildlife nuisance problems, but information on managing these issues is available. Prairie dog colonies exist in this general area; at times prairie dogs are implicated in transmission of plague to people or their pets. It is important for residents to observe animal control requirements for both dogs and cats. This area is a popular wintering area for waterfowl. Residents should expect the presence of several thousand ducks and geese. Hunting is popular in this area and residents should expect to hear early morning gunfire from October through January; e) Agricultural uses are present in this area. Such uses can produce odor, dust and noise; these should be expected to occur. Larimer County will not take action to stop or hinder legal agricultural uses in this area; f) The following fees shall be collected at building permit issuance for new residential structures: Larimer County Park fee for the Loveland UGA, UGA street waiver fee, and Thompson R2-J School fees. The fees current at time of building permit issuance shall apply; g) Engineered footings and foundations shall be required for all construction on these lots; h) 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 Planning Department. As an alternative, a builder may present a prepaid receipt from a radon tester which specified that a test will be done within 30 days. A permanent Certificate of Occupancy can be issued when the prepaid receipt is submitted; 11) All conditions shall be completed and the Final Plat recorded by September 10, 1997, or this approval shall be null and void.

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners adopt the staff findings and staff recommendation and approve the Lenart Minor Residential Development (#96-EX0899), with the conditions as amended and outlined above.

Motion carried 3 - 0.

The meeting adjourned at 3:40 p.m.

TUESDAY, APRIL 8, 1997

ADMINISTRATIVE MATTERS

(# 169)

The Board of County Commissioners meet at 9:00 a.m. in regular session with Neil Gluckman, Assistant County Manager. Chair Disney presided; Commissioners Clarke and Olson were present. Also present were: Frank Lancaster, County Manager; Dick Anderson, Facilities Manager; Kathy Snell, Director of Health and Human Services; Brent Nittmann, Community Corrections; Joe Ferrando, Interim Director Community Corrections; Larry Timm, Director, Planning Department; Rob Helmick, Senior Planner; Keith Schuett, Planner; Deni LaRue, Community Information Manager; and Donna Hart, Commissioner's Office Staff Services Manager. Recording Clerk, G. Cookman.

1. OPEN SESSION FOR PUBLIC COMMENT: The following persons addressed the Board during the open session for public comment: Al and Lee Baccili, and John Meleski. Al Baccili expressed concern regarding the way the City of Fort Collins is routing traffic through the Skyway Subdivision; he would like to see the City direct the traffic to come out on Trilby Road instead of Constellation Avenue. Commissioner Clarke stated that he has discussed this matter with the Mayor of Fort Collins, Ms. Azari, and she noted that the City feels from a planning aspect, this is the best way to route the traffic through the area. Commissioner Clarke offered to discuss this issue with the Mayor again, but advised Mr. Baccili not to expect a much different answer.

Mr. Baccili then asked about a recent newspaper article which stated the County will be hiring a Director of Facilities; he would like to know why. Mr. Anderson addressed this by explaining the history of his position as Facilities Manager; he explained construction activity related to the growth of the county and the fact that it is so extreme there is no way one person can manage this growth and provide the maintenance for all the facilities the County now occupies. Mr. Anderson stated that if the County does not hire someone to be put on staff, then the County will have to hire consultants for these various functions. If the County has to hire the consultants the cost will be at least equivalent to, and probably greater than the $60,000 annual salary reserved for the Director position; therefore, Mr. Anderson's recommendation to the Public Works Director was to hire someone in-house. Mr. Anderson also stated that if the Justice Center ballot issue would have passed last year, there would be a project manager on board now, and the County probably would not be hiring for this position at this time.

Mr. Meleski came to address the Boad today at the suggestion of Commissioner Olson regarding the construction of the Justice Center. Mr. Meleski reveiwed his background as a project manager for numerous government construction projects. Mr. Meleski objects to the initial way the County handled the bid for the Justice Center; he noticed in the newspaper that the County Manager has signed a letter of intent to use the Greeley contractor (Hensel-Phelps) for continuing this process. Mr. Meleski also feels that it was wrong for the County to have made changes to the design of the project and questions the cost-plus-fee approach that the County has adopted. The bottom line is, Mr. Meleski thinks the County should hire an architect, either through a competition, or through submittals from various architectural firms, and then put it out publicly for bid. Commissioner Clark stated that his involvement did not include redesigning the building; he did change the facade to match the surrounding structures. In terms of whether to use a hard-bid versus the cost-plus-fee method, the Commissioners feel that the cost-plus-fee is a better approach based on the following: the guaranteed markup, or profit, of 4.6% is set with the contractor and the County has the right to go in and audit the books to make sure that the costs really did occur. Commissioner Olson pointed out that time is also a factor, and that the County needs to be ready to have this issue on the November ballot. Commissioner Clarke stated that Hensel-Phelps will be used as the contractor because the County already went through the competitive bid process. The Commissioners are convinced that Hensel-Phelps was chosen fairly, and are fully capable and able to do the job.

2. APPROVAL OF MINUTES FOR THE WEEK OF MARCH 31, 1997:

Commissioner Clarke moved that the Board of County Commissioners approve the Minutes for the week of April 1, 1997.

Motion carried 3-0.

3. APPROVAL OF SCHEDULE FOR THE WEEK OF APRIL 14, 1997:

Mr. Gluckman informed the Board that Sheriff Richard Shockley requested a community representative as well as a County Commissioner to take part in the Community Policing Consortium which is scheduled to meet April 17 and 18, 1997, in Colorado Springs. As the Commissioners each have tight schedules on those dates, they will not be able to attend.

MOTION

Commissioner Olson moved that the Board of County Commissioners approve the Schedule for the week of April 14, 1997, as amended.

Motion carried 3-0.

4. CONSENT AGENDA:

MOTION

Commissioner Clarke moved for approval of the following documents as listed on the consent agenda on document review for April 8, 1997:

-- FINAL PLAT AND SIA FOR SADDLE RIDGE ACRES, PLANNED UNIT

DEVELOPMENT

A97-51 SUBDIVISION IMPROVEMENTS AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND D & M DEVELOPMENT, LLC.

R97-32g RESOLUTION OF THE LARIMER COUNTY BOARD OF COUNTY COMMISSIONERS EXPRESSING ITS SUPPORT FOR THE COUNTY'S INVOLVEMENT IN A RGIONAL COMMITTEE TO DISCUSS AND DEVELOP OPTIONS TO ADDRESS THE ISSUE OF FUTURE WATER SUPPLIES FOR NORTHERN COLORADO.

PETITIONS FOR ABATEMENT AND REFUND OF TAXES were approved for the following, as recommended by the County Assessor: New Method Cleaners; Donna Brown; T Shirt Ranch; Tackle, Inc.; Wendell Haddorff Day Care; Jack Harvey; Robert & Jeannie Johnson; Robert Husted; Anthony & Mary Ann Fonte.

LIQUOR LICENSES: Licenses were issued to: Horsetooth Yacht Club - 6% WITH EXTENDED HOURS - Ft Collins, CO.; Burger Bay - 3.2% - Loveland, CO.; Boyd Lake Marina, Inc. - 3.2% - Loveland, CO.; Windjammer Lounge - 6% WITH EXTENDED HOURS - Loveland, CO.; Scorched Tree Bed and Breakfast Permit - 6% - Bellvue, CO.; and Aspen Lodge - 6% WITH EXTENDED HOURS - Estes Park, CO. County approval was granted to: Overland Foods - 3.2% - LaPorte, CO.; Al Fresco Great Italian Foods - 6% - Ft Collins, CO.; Sandys Convenience Store - 3.2% - Ft Collins, CO.; Waive of Hearing for the Sundance Steakhouse and Saloon - 6% - for a request to Modify or Change the Licensed Premises; Waive of Hearing for Change of Ownership for Dorothy S. Skroch dba Dorothy's Catering Inc. - 6% - Loveland, CO.

A97-52 PROJECT AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND ARAPAHO AND ROOSEVELT NATIONAL FORESTS, USDA FOREST SERVICE FOR RA-AR-75-054. (Provision of maintenance of Cedar Park Road and Little Valley Road.)

5. PRESENTATION OF PRIVATIZATION REPORT FOR COMMUNITY CORRECTIONS: At the request of the Board, Community Corrections formed a team and spent a considerable amount of time looking at the possibility of outsourcing, or privatizing, the Community Corrections department; several people were interviewed during this process, with the focus being on those who are interested in or influenced by Community Corrections, and Ms. Snell noted that whenever possible, a member of the Community Corrections Board accompanied the interview team in order to maintain objectivity. The three questions the team sought to answer were: 1) To what extent is the County subsidizing the program? 2) Is the County able to expand services in the near future? 3) Will the quality of service improve upon outsourcing? Mr. Nittmann submitted a formal report and informed the Board that the conclusions of the study are outlined on pages 16 and 17 of the report. As a result of this study, Ms. Snell and her staff have concluded that there would be no significant benefit in outsourcing the program and they recommend that the Community Corrections program continue under County management. The Board congratulated Mr. Nittmann for his report, noting that it was very well done and easy to understand.

MOTION

Commissioner Clarke moved that we accept the recommendations and maintain Larimer County Community Corrections as a County Department, and that the new director be requested to pursue two objectives: 1) A new or second facility should be seriously pursued and 2) Staff be given the opportunity as a self-directed work team to cut costs with the understanding that savings can be reinvested in a new facility.

Motion carried 3-0.

MOTION

Commissioner Olson moved they go in to executive session at 10:05 to discuss a personnel matter with Ms. Snell.

Motion carried 3-0.

The Executive Session ended at 10:30 a.m., and the meeting resumed at this time.

6. LEGISLATIVE UPDATE - HOUSE BILL 1343

Mr. Gluckman informed the Board that HB 1343 (regarding fees retained by clerk & recorders for vehicle registration) was pulled on April 8, 1997 and will probably be revisited next year. Mr. Snell requested Board approval of two letters, addressed to Speaker Chuck Berry and Senator Mike Coffman, regarding welfare reform and the formation of a legislative oversight committee. The Board perused the letters and elected to sign them once a couple of typographical errors were corrected.

7. PARK FEES FOR THE FORT COLLINS URBAN GROWTH AREA (UGA):

Rob Helmick requested that the Board of County Commissioners adopt new park fees, as outlined in the chart presented and authorize their collection in order to be in compliance with the Intergovernmental Agreement (IGA) with the City of Fort Collins; the proposed fees are substantially higher. Commissioner Clarke asked whether or not the current IGA indemnifies the County in case the City gets sued and cannot rationalize this substantial increase. Since the fee increase is so substantial the Commissioners want to be sure that if the County is challenged in court the decision can be legally upheld; Mr. Helmick agreed that Commissioner Clarke posed an interesting question which would be prudent to have answered. It was agreed to pull this matter off the agenda and have the County Attorneys look at it. This issue is scheduled to be put on the Administrative Matters Agenda for next week.

8. AMENDMENT TO AP-AIRPORT ZONE:

On January 16, 1996, the Board of County Commissioners approved a resolution supporting efforts to protect Rocky Mountain National Park from Helicopter overflights; following that action, Planning Staff drafted a Zoning Resolution amendment in support of the resolution. Larry Timm explained that their purpose today was to have the Commissioners review the proposed language of this amendment to determine if it is appropriate; Mr. Timm also wanted some direction from the Board regarding the appropriate steps to take to obtain final approval: 1) Whether to take the issue directly to the Planning Commission in a public hearing and then to the Board of County Commissioners for approval, or 2) To conduct public meetings on the proposed Zoning Resolution amendments prior taking to the Planning Commission and the Board of County Commissioners. After some discussion the Commissioners decided to take this issue straight to the Planning Commission for a hearing, then back to the Board of County Commissioners for approval.

8. COMMISSIONER REPORTS:

-- Commissioner Olson and the Commissioner's staff sent letters to the Rural Land Use Center (RLUC) applicants which were interviewed. Commissioner Olson asked for a response from Chair Disney on her message regarding the worksession on April 17, 1997 with the Ag Task Force; she would like to have a discussion regarding this matter. Commissioner Olson talked to Jim Riedhead, RLUC Director, regarding the letter from the Larimer Land Trust; Mr. Riedhead indicated that they were going to discuss the letter at their next meeting which was scheduled for April 7, 1997.

-- Chair Disney announced that he has two new jobs; he noted that the North Front Range Transportation and Air Quality Planning Council had two seats on the Policy and Oversight Committee for the transportation alternatives feasibility study. Chair Disney stated that he and Kathy Gillian were both elected for those positions and were also elected to serve on the fund raising committee for this study.

Chair Disney left the meeting at 10:50 a.m., to participate on a panel at Eagle Rock School, in Estes Park, Colorado.

10. LEGAL MATTERS:

At this time, County Attorney George Hass joined the meeting for Legal Matters.

-- Mr. Hass requested Board approval and the Chair's signature on a Grant of Easement Agreement to acquire open space property the County is purchasing with open space funds; the easement is located in the Hidden Springs Subdivision and will be used as the county's secondary access through the development. Mr. Hass noted that currently 75% of the property owners in this subdivision have signed the agreement and he plans to contact the remainder of the property owners.

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners approve the Grant of Easement Agreement to access the property the County is acquiring from Stephanie Steppel-White.

Motion carried 2-0.

A97-53 GRANT OF EASEMENT AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND STEPHANIE STEPPEL-WHITE

-- Mr. Hass presented a memorandum from Jeannine Haag, Assistant County Attorney, regarding impact fees. The Board asked for time to read the memo and discuss it at a later date.

MOTION

Commissioner Clarke moved that they go into Executive Session at 11:00 a.m. to discuss contract negotiations.

Motion carried 2-0.

The Executive Session adjourned at 11:45 a.m.; no action taken

_______________________________________

JIM DISNEY, CHAIR

BOARD OF COUNTY COMMISSIONERS

( S E A L )

ATTEST:

______________________________________

Sherry E. Graves, Deputy County Clerk

______________________________________

Gael M. Cookman, Deputy County Clerk

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