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PROCEEDINGS OF THE BOARD OF COUNTY COMMISSIONERS

MONDAY, FEBRUARY 16, 1998

The Board of County Commissioners did not have meetings today as the Courthouse was closed in observance of President's Day.

TUESDAY, FEBRUARY 17, 1998

ADMINISTRATIVE MATTERS

(#297)

The Board of County Commissioners met at 9:00 a.m. in regular session with Frank Lancaster, County Manager. Chair Olson presided and Commissioners Clarke and Disney were present. Also present were: Deni LaRue, Community Information Manager, and Donna Hart, Staff Services Manager for Commissioners' Office. Recording Clerk, Sherry Graves.

1. OPEN SESSION FOR PUBLIC COMMENT: Tom Bender submitted a memorandum concerning Farm Bureaus' opposition to the American Heritage Rivers Initiative and requested the Board's assistance of same; he noted that, in his opinion, this Initiative is a violation of the Tenth Amendment of our Constitution and will have a detrimental effect because it takes away state and local authority regarding management of rivers and he recommends termination of this Initiative and support for House Resolution #1842 which removes funding for this Initiative. Mr. Bender requested the Board write a letter to our Congressmen in Washington and the Legislators in Colorado indicating their opposition to the American Heritage Rivers Initiative. The Board stated that they will have Mr. Gluckman review this Initiative, talk to the Planning Department, and consult with NACO and CCI and then decide on their course of action.

2. APPROVAL OF MINUTES FOR WEEK OF FEBRUARY 9, 1998:

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners approve the Minutes for the week of February 9, 1998, as submitted.

Motion carried 3 - 0.

3. APPROVAL OF MINUTES OF WEEK OF FEBRUARY 23, 1998:

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners approve the Schedule for the week of February 23, 1998, as submitted.

Motion carried 3 - 0.

4. APPROVAL OF CONSENT AGENDA:

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the following documents as listed on the Consent Agenda on Document Review for February 17, 1998:

MISCELLANEOUS DOCUMENTS: Amended Plat for Rolling Hills, Lots 7 & 8; Amended Plat for Blue Mountain; and Amended Plat for Miller-Boyd Subdivision, Lots 13-16, Block 2. LIQUOR LICENSES: County approval for renewal of licenses was granted to: Boyd Lake Marina, Inc. - 3.2% - Loveland, CO.; Boyd Lake Marina, Inc. (dba Burger Bay) - 3.2% - Loveland, CO. Metro Oil, Inc. (dba Total #2743) - 3.2% - Loveland, CO. Licenses were issued to: Seven-Eleven Store #32276 - 3.2% - Fort Collins, CO.; A Hunt Club - 6% - Fort Collins, CO.; Drink-N-Dawg - 6% - LaPorte, CO.; and South Taft Liquor - 6% - Fort Collins, CO.

A98-19 SUBDIVISION IMPROVEMENTS AGREEMENT BETWEEN THE

BOARD OF COUNTY COMMISSIONERS AND PATRICE

WYSOCK (High Plains Subdivision)

A98-20 INTERGOVERNMENTAL AGREEMENT FOR RENTAL OF

VOTING EQUIPMENT BETWEEN THE BOARD OF COUNTY

COMMISSIONERS AND THE TOWN OF WELLINGTON, CO.

A98-21 LEGAL SERVICES AGREEMENT BETWEEN GEORGE HASS,

COUNTY ATTORNEY, OF HARDEN, SCHMIDT, HASS, HAAG

AND HALBERT, P.C. AND THE LARIMER COUNTY

DEPARTMENT OF SOCIAL SERVICES

A98-22 AGREEMENT FOR USE OF COUNTY SITE AND FACILITIES

BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND

THE LARIMER COUNTY SEARCH AND RESCUE TEAM, INC.

A98-23 AGREEMENT BETWEEN THE BOARD OF COUNTY

COMMISSIONERS, THE LARIMER COUNTY SHERIFF, AND

THE RIST CANYON VOLUNTEER FIRE DEPARTMENT

A98-24 AGREEMENT BETWEEN THE BOARD OF COUNTY

COMMISSIONERS AND THE LARIMER COUNTY DIVE

RESCUE TEAM, INC.

C98-08 CONTRACT FOR PROFESSIONAL SERVICES BETWEEN THE

BOARD OF COUNTY COMMISSIONERS AND WOODWARD-

CLYDE INTERNATIONAL (Provision of Geotechnical

Professional Services - Seeton Landslide)

R98-19s FINDINGS AND RESOLUTION APPROVING THE VRANJES

MINOR RESIDENTIAL DEVELOPMENT

R98-20z SPECIAL REVIEW FINDINGS AND RESOLUTION APPROVING

THE PETITION OF TWIN PINES/MILL BROTHERS

Motion carried 3 - 0.

5. APPROVAL OF FINAL PLAT FOR HIGH PLAINS SUBDIVISION:

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the Final Plat for the High Plains Subdivision.

Motion carried 3 - 0.

6. APPOINTMENT TO RETIREMENT BOARD:

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners approve the appointment of Dr. Sue Hine to fill the vacant position left by Lloyd Spawn on the Retirement Board, effective January 1, 1998.

Motion carried 3 - 0.

The Board expressed their appreciation to Lloyd Spawn for his outstanding service on the Retirement Board.

7. WORKSESSION:

-- Weed Control Specialist Position: Mr. Lancaster stated that the Parks Department had a position of Weed Control Specialist, which is a seasonal position; he noted that while working with the Natural Resources Department to see what the weed district can do for them versus what they can do themselves, the nine-month limit for how long a position can remain vacant has expired and Parks is requesting the Board to approve reinstatement of that position or it will be lost.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the reinstatement of the Weed Control Specialist in the Parks Department, as requested.

Motion carried 3 - 0.

-- Request to Temporarily Hold 5 Acres by Detention Center: Mr. Lancaster stated that the Community Corrections Department is looking at options for a half-way house, juvenile detention facility, etc., and one of the options they are considering is to build out by the jail; therefore, they are asking that the Board set aside the 5 acres adjacent to the Detention Center for them and not release that land for anything else until they decide what they are going to do.

-- Legislative Review: Mr. Lancaster noted that there are two Bills before the Legislature having to do with Judicial matters that need the Board's support - one is for the addition of the new County Judge and the other is concerning Acts of the General Assembly affecting the number of Court personnel employed in local facilities; he noted that this Bill authorizes the County to apply for funds from the State and authorizes the State Court Administrator to pay Counties for the actual increased costs due to increased judicial personnel in the amount appropriated to the fund for that County's anticipated increased costs.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners support both Bills regarding Judicial matters, as described by Mr. Lancaster.

Motion carried 3 - 0.

-- Letter for County Commissioner Candidates: Mr. Lancaster submitted a letter for the Board's review which will be sent out to all the candidates when they announce their candidacy stating that the Commissioner's Office will supply them with information about the County on a weekly basis; i.e., Commissioner's agenda and copies of the Minutes, etc. and offering to assist them with any questions they may have. The Board reviewed and discussed the letter and indicated their support for sending it.

-- Cabinet Meeting on February 26, 1998: Mr. Lancaster asked the Board if they had items they want included on the agenda for the Cabinet meeting scheduled for next Thursday; as Mr. Lancaster, Mr. Gluckman, and Commissioner Disney will all be out of town on that date, they decided to cancel the Cabinet meeting for February.

-- County Employee Day at Elitch's: Ms. Hart informed the Board that the ticket price this year for the County's Annual Trip to Elitch's is $14.95; she noted that the cost at the gate is $24. Ms. Hart stated that if we charge employees $10 per ticket, the cost to the County would be $2,475 for 500 tickets; she asked the Board if they are interested in sponsoring this event again this year.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners authorize the expenditure of $2,475 for 500 tickets for County Employee Day at Elitch's on June 27, 1998; monies for this expenditure will be derived from the Commissioners' Special Projects Fund.

Motion carried 3 - 0.

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

8. COMMISSIONER REPORTS:

-- Commissioner Olson presented the resolution recognizing and thanking Jim Disney for his dedicated and distinctive service as the Chair of the North Front Range Transportation and Air Quality Planning Council; Commissioner Clarke read aloud some of the highlights of the resolution. The Board also offered their congratulations to him.

-- Commissioner Clarke reported that the Bill sponsored by Peggy Reeves on youth access to tobacco products was defeated in committee, but another one, submitted by Representative Gordon, passed out of committee unanimously; he noted that one major change in that Bill is that all reference of retailers was omitted. Commissioner Clarke stated that this Bill will authorize Counties to outlaw the possession and use of tobacco by minors and make it a criminal penalty; he noted that CCI supports this Bill and the Board indicated their support also.

-- Commissioner Disney broached the subject of the meeting tonight with the Town of Berthoud; he noted he had a conversation with Mayor Dick Strachan and realized they are doing non-contiguous annexations without annexing the roads. Commissioner Disney stated that Mr. Lancaster checked with Public Works about this and was informed that we do not have to grant them access for Taft Center. After discussion, the Board requested a meeting with Lonnie Sheldon from Engineering and Rob Helmick of Planning after the land-use meeting this afternoon to discuss the situation before tonight's meeting.

-- Commissioner Olson reported on the Rural Land Use Center (RLUC) Board Retreat and noted that Mr. Gluckman did a great job spearheading the Retreat.

-- Commissioner Olson referred to all the letters received from citizens in Estes Park concerning seasonal rentals; discussion followed and Mr. Lancaster will write a letter for response to those letters. The Board noted also that they need to have input from the Assessor regarding this matter to decide which rentals are classified as residential or commercial.

-- Commissioner Disney noted he went from the RLUC Board Retreat to the Fairgrounds Task Force meeting; he noted that one of their big concerns is how to get Fort Collins involved in the new Fairgrounds issue and he informed Commissioner Clarke that he volunteered him for bringing this about. Commissioner Clarke stated that a key factor is that it be called the Event Center and Fairgrounds. Commissioner Disney suggested that the Board have a worksession with the Task Force as soon as possible because there are some policy decisions that need to be made.

The meeting adjourned at 10:55 a.m.

LAND-USE PLANNING MEETING

(#298)

The Board of County Commissioners reconvened at 3:00 p.m. in regular session with Larry Timm, Director of Planning. Chair Olson presided and Commissioners Clarke and Disney were present. Also present were: Keith Schuett, and Dan Tasman, Planners II; Rob Helmick, Senior Planner; Lonnie Sheldon, Project Engineer; Doug Ryan, Environmental Health Planner; Dick Rutherford, County Surveyor; and George Hass, County Attorney. Recording Clerk, Sherry Graves.

Chair Olson noted that the following are consent items and will not be discussed in detail unless requested by the Commissioners or members of the Board. Commissioner Disney requested that the Feldman Minor Residential Development item be removed from the consent agenda for consideration of the addition of another condition.

1. GREENWALD AMENDED MINOR RESIDENTIAL DEVELOPMENT

(#97-EX1176): NE 1/4 11-07-68 - ON THE WEST SIDE OF COUNTY

ROAD 3, 1/4 MILE SOUTH OF COUNTY ROAD 48 (VINE), SOUTH OF

LINDEN RIDGE SUBDIVISION; 78.45 ACRES; 2 LOTS; FA-1 FARMING

ZONING

This is a request to amend Tracts A and B of the Greenwald Minor Residential Development into lots of 8.091 and 70.3590 acres. Staff findings include: 1) This proposed Amended Minor Residential Development appears compatible with the surrounding land uses and future development plans for the area in which it is located; 2) The Larimer County Health and Engineering Departments, as well as other reviewing agencies, have reviewed this proposal and have stated no objections to it. Concerns expressed are covered as conditions of approval; 3) The original Minor Residential Development was approved by the Board of County Commissioners; 4) The approval of this Amended Minor Residential Development, with certain conditions, should not adversely affect the health, safety, or welfare of existing residents.

The staff recommendation is for approval of the Amended Greenwald MRD, with the following conditions: 1) The conditions of approval and plat notes approved with the original Minor Residential Development shall be maintained and attached to the amended plat unless modified by this approval; 2) The access easement that crosses Tract B-1 as shown on the amended plat, is assumed to serve only one lot. Should this access easement serve two or more lots, the plat shall be amended to show the access easement to be no less than 40 feet in width; 3) The following note shall be placed on the plat prior to recording: a) An access permit shall be obtained through the Larimer County Engineering Department if there are any new accesses or upgrades planned to existing accesses onto County Road 3.

2. LAPORTE PLAZA PUD RELEASE OF COLLATERAL (#92-MS0029):

SE 1/4 OF 29-08-69 - WEST OF THE INTERSECTION OF COUNTY

ROAD 54G AND COUNTY ROAD 52, ON THE SOUTH SIDE OF

COUNTY ROAD 54G; 3.18 ACRES; 32 DWELLING UNITS;

M-MULTI FAMILY ZONING

This is a request for release of collateral for Phase 1, LaPorte Plaza PUD. Staff findings include: 1) LaPorte Plaza PUD was approved in 1992 and recorded in 1997; 2) Improvements for this project were included in a subdivision improvements agreement which was secured by a $50,000 letter of credit for Phase 1; 3) The Phase 1 improvements are complete, with the exception of Phase 1 landscaping and the reconstruction of County Road 52, and the developer is requesting release of the collateral; 4) The County Engineer's staff has inspected the completed improvements and recommends that the collateral for these improvements be released; 5) Collateral cannot be released for improvements that have not yet been completed. The staff recommendation is for approval of the partial release of collateral for LaPorte Plaza PUD. The collateral released is $25,635 of the $50,000 available from the letter of credit. This amount is now available for use in Phase 2 of the LaPorte Plaza Planned Unit Development.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners adopt the staff findings and staff recommendations and approve the Greenwald Amended Minor Residential Development (#97-EX1176); and the LaPorte Plaza PUD Release of Collateral (#92-MS0029); each, with the conditions as outlined.

Motion carried 3 - 0.

3. FELDMAN MINOR RESIDENTIAL DEVELOPMENT (#97-EX1094):

NW 1/4 08-06-68 - ON THE SOUTH SIDE OF COUNTY ROAD 36, 1/4

MILE EAST OF COUNTY ROAD 11 (TIMBERLINE); 30 ACRES;

2 LOTS; FA-1 FARMING ZONING

This is a request to divide 30 acres into 2 lots of 14 acres and 16 acres for single family residences. Staff findings are: 1) This proposed minor residential development is compatible with the surrounding land uses and future development plans for the area in which it is located; 2) The Larimer County Health and Engineering Departments, as well as other reviewing agencies, have reviewed this proposal and have stated no objections to it; 3) The proposed subdivision meets the criteria of the Larimer County Zoning Resolution and the Larimer County Comprehensive Land Use Plan; 4) The approval of this minor residential development, with certain conditions, will not adversely affect the health, safety, or welfare of existing residents.

Commissioner Disney stated that he requested this item be pulled from the consent agenda because this MRD is in the middle of the Fossil Creek study area and in the Fort Collins Urban Growth Area (UGA); he noted that in the past, the MRD regulations were changed because of their concerns regarding the impact of the County approving MRD's in their UGA, particularly with regard to septic systems and he suggested that a condition be added to address the concern. Mr. Ryan stated that the Health Department would not have an objection to such a condition, and 400 ft. would be consistent with State Statutes; he also noted that Mr. Feldman questions whether or not this property is in the UGA. Mr. Helmick noted that this condition would only relate to Lot 2, which is the undeveloped parcel. Mr. Feldman stated that he prefers no additional conditions, but will comply if required to do so.

After discussion, the conditions of the staff recommendation for approval of the two-lot Feldman Minor Residential Development were amended as follows: 1) A 50' half width right-of-way for CR 36 must be dedicated on the Final Plat; 2) A shared access with a paved apron and a 20' all weather access road is required prior to issuing a building permit for Lot 2; 3) A 20' easement for the existing drainage tile that crosses the subdivision must be shown on the Final Plat; 4) A 20' easement for the existing irrigation ditch must be shown on the Final Plat; 5) When a building permit for Lot 2 is issued, drainage basin fees must be calculated by the applicant's engineer and paid. A Section 2.8 road fee of $1,380 is also required with a building permit on Lot 2; 6) A deed restriction must be recorded with the Final Plat which obligates the owner of the property to remove the existing mobile home before Lot 2 can be sold; 7) The following notes must be placed on the Final Plat: a) A building permit will not be issued for Lot 2 until the mobile home is removed from Lot 1; b) Lot 2 may not be sold separately from Lot 1 until the mobile home is removed from Lot 1; c) An asphalt paved apron and other access road improvements will be required prior to the issuance of a building permit for Lot 2; d) Mosquitoes may be a nuisance on this property. Larimer County is not responsible for mosquito abatement and any land owner initiated abatement activities must meet all Federal, State and Local rules and regulations; e) Prairie dog colonies exist in the area of this property and may migrate to this property. Prairie dogs have been known to carry plague. Larimer County does not perform prairie dog control; f) There are existing agricultural activities in this area that may produce dust, odors and noise. Larimer County will not take any action to stop or hinder legal agricultural uses of nearby properties; g) There is the potential for wildlife interaction or property damage in this area. Property owners should take appropriate measures to protect property. Neither Larimer County nor the State Division of Wildlife is responsible for damage or control of wildlife; h) Pasture management is important. Overgrazing can result in weeds and erosion problems. If horses or other livestock will be kept on these lots, owners should contact the Larimer County Cooperative Extension Service for information about pasture management; I) Both lots must utilize a shared point of access; j) Park Fees will be collected at the time of building permit for new residential structures; k) School Fees for the Poudre R-1 School District in the amount of $483.90 will be collected at the time of building permit for Lot 2;l l) 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 Planning 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; m) Engineered footings and foundations are required for new residential construction; n) Residential Fire Sprinkler systems are required in all new residential construction; o) Uses on this property are limited to single-family residential; p) All utilities must be installed underground; q) When sewer service is available within 400 ft. of dwellings, the property owners shall be required to connect to city sewer.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners adopt the staff findings and staff recommendation and approve the Feldman Minor Residential Development (#97-EX1094), with the conditions as amended and outlined.

Motion carried 3 - 0.

4. PINEY KNOLLS SUBDIVISION RIGHT-OF-WAY VACATION

(#97-0S1159): NE 1/4 32-10-73 - PINEY KNOLL DRIVE IN RED

FEATHER LAKES; .2 ACRES; O-OPEN ZONING

This is a request to vacate the 50' public right-of-way of Piney Knoll Drive between Lots 17 and 18 in the Piney Knoll Subdivision. Mr. Tasman reminded the Board that this request was heard previously by the Board on December 22, 1997 and at that time was tabled to allow time for Engineering staff to inspect the site; he noted that at that time, Planning staff was recommending approval of the vacation. Mr. Tasman stated that the site has been visited and the opinion of the Engineering staff is that construction of a road through the right-of-way is practical, if it turns to the east to avoid the boulders; he reviewed the other concerns that the Engineering staff had regarding the vacation. Mr. Tasman noted, however, that the applicant has the option of applying for a setback to the minimum setback requirements in the Zoning Resolution to permit construction of a garage closer to the property line without having to acquire the right-of-way; therefore, the staff recommendation now is for denial of the Piney Knolls Subdivision Right-of-Way Vacation request. Staff findings are: 1) The proposed vacation is in compliance with the Larimer County Land Use Plan, the Larimer County Zoning Resolution, and the Larimer County Subdivision Resolution; 2) Approval of the vacation will not currently result in any significant impacts to neighboring properties, the natural environment, or the provision of services and infrastructure; but may make it more difficult to extend the road and provide additional access points to this development and the land to the north in the future; 3) It is not cost-prohibitive or impractical to build a road through the right-of-way in the future; 4) The applicant has the option of applying for a variance to the setback requirements to build a garage within the required setbacks.

As the applicants were not present for today's hearing, Chair Olson asked how they feel about this decision; Mr. Tasman responded that they would like to see the road vacated. Mr. Sheldon stated that the Engineering Department would support a setback variance, but not very far; he submitted large scale photos of the site for the Board to review.

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners adopt the staff findings and revised staff recommendation and deny the request for the Piney Knolls Subdivision Right-of-Way Vacation (#97-SA1159).

Motion carried 3 - 0.

The hearing adjourned at 3:25 p.m.

___________________________________________

CHERYL OLSON, CHAIR LARIMER COUNTY

BOARD OF COMMISSIONERS

MYRNA J. RODENBERGER

LARIMER COUNTY CLERK & RECORDER

( S E A L )

ATTEST:

_______________________________________

Sherry E. Graves, Deputy County Clerk

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