Loveland Bike Trail
 

PROCEEDINGS OF THE BOARD OF COUNTY COMMISSIONERS

MONDAY, MAY 4, 1998

LAND-USE PLANNING MEETING

(#327)

The Board of County Commissioners met 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 Carol Evans and Keith Schuett, Planners II; Lonnie Sheldon, Project Engineer; Doug Ryan, Environmental Health Planner; and Jeannine Haag, Assistant County Attorney. Recording Clerk, Gael Cookman.

Chair Olson noted that the following is a consent item and will not be discussed in detail unless requested by the Commissioners or members of the audience.

1. EAGLE RANCH ESTATES II PLANNED UNIT DEVELOPMENT PRELIMINARY PLAT TIME EXTENSION (#96-MS0910); SOUTHEAST ¼ 21-06-68; ½ MILES WEST OF I-25, ON THE NORTH SIDE OF COUNTY ROAD 30, WEST OF MOUNTAIN RANGE SHADOWS SUB, DIRECTLY SOUTH OF EAGLE RANCH ESTATES; AP-AIRPORT ZONING

The Preliminary Plat for Eagle Ranch Estates II PUD was conditionally approved April 27, 1997 and will expire on April 27, 1998. This request is to extend the preliminary approval to allow the final plat to be submitted up to one year from April 27, 1998. The one year extension of the Preliminary Phase Plan appears to be appropriate and consistent with the County's action on other developments. The primary focus of a phase plan review is to determine if the phase plan is consistent with the approved master plan. There is nothing that would suggest that the phase plan is not consistent with the master plan. Staff findings are: 1) The Master Plan and Preliminary Phase Plan for Eagle Ranch II PUD was approved April 27, 1997, with numerous conditions; 2) The applicant is requesting a one-year extension to submit the final plan; 3) The extension request was reviewed by County Health and County Engineering. No objections were noted. Staff recommendation is for approval of the extension of the Preliminary Phase Plan until April 27, 1999. All conditions of approval as stated in the Findings and Resolution dated April 27, 1997, shall continue to apply.

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners adopt the staff findings and Planning Commissioner/Staff recommendations and approve the extension of the Preliminary Plat for Eagle Ranch Estates II PUD to April 27, 1999.

Motion carried 3-0.

  1. HIRSCH TRUCKING SPECIAL REVIEW AMENDED SITE PLAN AND CONDITIONS OF APPROVAL (File #96-ZR0812); NW 20-06-68; ¼ MILES SOUTH OF COUNTY ROAD 32, ON THE EAST SIDE OF COUNTY ROAD 11, EAST OF THE UNION PACIFIC RAILROAD TRACKS; AP-AIRPORT ZONING

This is a request to amend the site plan for an approved Special Review and amend the conditions of approval to accommodate connection to public sewer. Conditions of approval addressed the requirements for septic system and holding tank permits. Modifications to certain conditions are needed to allow flexibility to connect the use to public sewer if the property is included by the South Fort Collins Sanitation District. Staff findings are: 1) The Hirsch Trucking Special Review was conditionally approved by the Board of County Commissioners on July 21, 1997. Conditions required a minimum 300' buffer between the trucking business use and wetlands on the adjacent property to the north and also required obtaining permits for septic systems and a holding tank for the shop bay drain system; 2) Amending the site plan to relocate the trucking business building envelope to the northeastern portion of the property provides a buffer of 650' between the business use and the wetlands, a buffer of 535' to the nearest residence, a buffer of at least 300' from a wetlands area to the east and provides the opportunity to connect the use to public sewer. The possibility of connecting this use to public sewer is of great public benefit; 3) The applicant has begun proceedings to petition the property into the South Fort Collins Sanitation District. Inclusion of the property is required to receive service from the District and must be approved by the Sanitation District Board; 4) Amendment of the site plan and conditions of approval that address sanitation/waste disposal facilities is appropriate to facilitate the possible connection of this use to public sewer.

Ms. Evans explained that staff felt the connection to public sewer would benefit the public as it is more environmentally sound; she noted that the building envelope would still need to be at least 300 feet from the wetlands areas. Ms. Evans stated that the only drawback would be that it moves the business approximately 200 feet closer to the surrounding neighbors. Both Commissioner's Disney and Clarke had some questions with the floor drains and connection to the public sewer, and what might happen if the applicants request to be connected to the public sewer were denied. Mr. Ryan explained that if the applicant was not able to connect to the public sewer system, then they could apply for a permit to construct a holding tank system for the shop bay drain system.

Rob Persichitte, consultant for the applicant, briefly described that the changes being considered just involved moving the building and connecting to the public sewer system; he noted that if their application for connection to the public sewer system was denied then their proposed amended plan would revert back to the site plan that was initially approved last July.

Chair Olson opened the meeting for public comment and Ricardo Nelson, an adjacent neighbor, addressed the Board. Mr. Nelson explained that he believed the applicants should be able to connect to the public sewer system without having to amend the approved site plan, and he was concerned that the boundary as submitted was too close to the wetlands. Mr. Nelson asked that if the building is moved, could it be moved further south, next to the Hirsch's residence, which would insure that it would not intrude on the wetlands and it would not disturb the surrounding neighbors. Some discussion followed regarding exactly where the sewer line runs along the property as Mr. Ryan's map shows one description; however the property owners claim the map is incorrect and that the line runs in a manner which would allow connectivity without amending the site plan.

Eric Ballotti, representing a neighborhood family, addressed the Board stating that he was concerned with moving the business closer to his property as it would disturb his livestock; he noted that he was also concerned with the possibility of sink holes in the future since the water table is so high in this area, and he was concerned with the security lights that will be on throughout the night.

Laura Lenburg-Neff, adjacent property owner, addressed the Board and stated that she would like to see someone walk the property in order to determine exactly where the wetlands begin and end; she also requested that the berms be higher than three feet and that they be in place even before development begins.

Mr. Persichitte responded by explaining that the security lighting will all be directed downward and should not affect the livestock, etc.; he also stated that he was not opposed to increasing the height of the berms.

The Commissioners began their discussion of this proposal and considered connection to the sewer, the berming, the landscaping and whether or not to move the building. Mr. Nelson and Mr. Persichitte requested an opportunity to explain additional items to the Board.

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners re-open the public comment session to allow Mr. Nelson and Mr. Persichitte to address the Board.

Motion carried 3-0.

Mr. Nelson stated that he wanted this project to have minimal impact on the neighbors and the ecosystem; he suggested that an impartial party conduct the wetlands determination and he also wanted to be sure that the landscaping will be maintained.

Mr. Persichitte noted that Mr. Nelson was correct in his explanation of where the sewer line runs; however, if they were to move the building south, they would not be able to connect to the line as they would have to cross over a draw to do this and they do not have an easement to do so.

The Commissioners stated their desire to have the berms increased from three feet to six feet, to have an unbiased consultant perform the wetlands determination (possibly Scott Cornell from Engineering), to have the applicant provide temporary fencing for livestock if their development infringes upon the neighbors during construction of the sewer, and to have the conditions clearly specify that if the applicant is unable to connect to the public sewer system, then the project reverts back to the original site plan that was approved in July 1997.

Staff recommendation is for approval of the amended site plan for the Hirsch Trucking Special Review to allow the trucking business building envelope to be relocated to the northeastern portion of the property with the following conditions:

  1. The operation of the Hirsch Trucking Special Review shall be in compliance with the Findings and Resolution Approving the Petition of Hirsch Trucking as recorded at Reception #97084174 except that Condition 4.b., e., k., and l. shall read as amended below:
    • Condition 4.b.- Submit written documentation from the Fort Collins-Loveland Water District regarding plans/agreements with the applicant for installation of the water line extension and fire hydrants (2 copies). If property is approved for inclusion in the South Fort Collins Sanitation District, applicant shall submit written documentation from the District regarding plans/agreements with the applicant for the inclusion and connection of the use to the public sewer system (2 copies).

  • Condition 4.e. Submit a detailed landscaping plan (with building permit application). Landscaping plans shall include provisions for irrigation of the plantings until they are established. Trees and shrubs which die must be replaced within one year. Berm height shall be a minimum of 6 feet.

  • Condition 4.k.- Obtain approval from the South Fort Collins Sanitation District to connect any floor drains to the public sewer system. The operation must comply with the Sanitation District's industrial pretreatment requirements. If connection of the floor drains to the public sewer is not possible, then the applicant shall apply for a permit from the Larimer County Health Department to construct the holding tank system for the shop bay drain system.
  • Condition 4.l.- If the property/use cannot be served by public sewer, the applicant shall apply for a permit for an on-site sewage treatment system. If the accessory dwelling cannot be served by public sewer, a permit for an on-site sewage treatment system for the dwelling shall be required.

  1. A minimum buffer of 300' between the business use and the wetlands area to the east of the subject property shall be provided as shown on the amended site plan.

3. The amended site plan approval is based on connection of the use to public sewer. If the property is not included in the South Fort Collins Sanitation District or if, for technical reasons, connection to the public sewer is not possible, the location of the business improvements shall revert to the location as shown on the original approved site plan (dated 9/17/96).

4. Determination of the wetlands boundary shall be completed by the County or by a private consultant at the expense of the applicant.

5. Temporary fencing for the livestock pasture on the adjacent property to the north shall be provided by the applicant during construction of the public sewer connection.

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners approve the Hirsch Amended Site Plan subject to the staff conditions as outlined and amended by the Board above.

Motion carried 3-0.

Meeting adjourned at 4:40 p.m.

TUESDAY, MAY 5, 1998

ADMINISTRATIVE MATTERS

(#328 & 329)

The Board of County Commissioners met at 9:00 a.m. in regular session with County Manager Frank Lancaster. Chair Olson presided and Commissioners Clarke and Disney were present. Also present were Sherriff Richard Shockley; Undersheriff John Kammerzell; Andy Paratore, IMS Director; Reuel Dreves, Records Specialist; Dave Spencer, Facilities Director; Kathy Snell, HHS Director; Ginny Riley, Human Services Director; George Coll, Community Services; Jan Dewitt, Health & Human Services Management Assistant; Lorrie Wolfe, Grants Writer; Larry Timm, Planning Director; Carol Evans, Planner II; Donna Hart, Commissioners Staff Services Manager; and Deni LaRue, Community Information Manager. Recording Clerk, Gael Cookman.

1. PUBLIC COMMENT: The following persons addressed the Board for Public Comment: Robert Slate, Tom Bender, Steve Young and Chris Futo. Mr. Slate explained to the Board that he works for Anheuser Busch and that Anheuser Busch has hired a number of Sheriff's Deputies to work as security guards during their off duty shifts. Mr. Slate stated that he is very concerned that the Sheriff's Deputies are parking their vehicles in front of Anheuser Busch, rather than in the employee parking lot like the rest of the employees; he noted that Anheuser Busch and the employees union are in the middle of a dispute and the Sheriff's cars being parked at the entrance to the building is intimidating and gives the appearance that the County is backing Anheuser Busch. Commissioner Disney explained that the Sheriff is an elected official who is solely responsible for his operations and policies and that the Commissioner's have no jurisdiction over their practices other than overseeing their budget; he noted that after learning of Mr. Slate's reason for coming before the Board today, they invited Captain David Cox to address this issue. Cpt. Cox explained that their deputies are not taking sides and that they were hired by Anheuser Busch merely to keep the peace; he noted that all of their officers use their vehicles during off duty in order to provide immediate response when called to do so. Mr. Slate again questioned why they had to park the vehicles at the entrance as opposed to the employee parking lot, and Cpt. Cox could not specifically answer that question without consulting with Anheuser Busch. Mr. Slate gave Cpt. Cox a list of his concerns and Cpt. Cox stated that he would respond to Mr. Slate by e-mail.

Mr. Bender stated that he had some concerns with the draft copy of the Environmental Advisory Boards Right to Farm and Ranch Resolution; he presented the Board with a letter which addressed the fact the he feels there is a lack of understanding on the part of the EAB that most farmers abide by their moral, ethical stewardship responsibilities as caretakers of the land, air and water. Commissioner Clarke asked Mr. Bender if he would like the Commissioners to forward a copy of his letter to the EAB and Mr. Bender said yes. Mr. Bender also had some additional informational comments for the Board regarding road maintenance and the fees for this service.

Mr. Young and Mr. Futo stated that they were from Preston Junior High School and they were attending the meeting today with their Civics teacher Ms. Cindy Rue. Commissioner Disney congratulated Ms. Rue for exposing her students to government at the local level since local government often affects them more than the proceedings that take place at the State or Federal level. Mr. Futo stated that he felt there should be a higher age limit for smoking as it really bothers him that his little brother is already smoking; he also noted that the drugs and drinking by his peers upsets him as well. Commissioner Clarke explained that legislation recently passed a bill which will allow Counties to be able to not only make it illegal for underage citizens to purchase tobacco, but will also make it illegal to use and possess it as well.

2. PROCLAMATION FOR PATROL OFFICERS WEEK: Sheriff Shockley and Undersheriff Kammerzell, along with a few of their deputies, requested the Board proclaim May 11 through May 16, 1998, Larimer County Patrol Officer Week; he noted that this is a nationwide effort to recognize officers who have died in the line of duty. Commissioner Clarke read the proclamation out loud.

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners proclaim May 11 through May 16, 1998 as Larimer County Patrol Officer Week.

Motion carried 3-0.

  1. APPROVAL OF MINUTES FOR THE WEEK OF APRIL 27, 1998:

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the Minutes for the week of April 27, 1998, as submitted.

Motion carried 3-0.

4. APPROVAL OF SCHEDULE FOR THE WEEK OF MAY 11, 1998:

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners approve the Schedule for the week of May 11, 1998, as submitted and amended.

Motion carried 3-0.

  1. APPROVAL OF CONSENT AGENDA:

Commissioner Disney moved that the Board of County Commissioners approve the following documents as listed on the Consent Agenda on Document Review for May 5, 1998:

MISCELLANEOUS DOCUMENTS: First Quarter Report for 1998 for Public Trustee's Office; Amended Plat for Westridge Estates PUD, Lots 49 & 50.

LIQUOR LICENSES: Renewal licenses were issued for Rustic Resort - 6% - Bellvue, CO.; Rustic Liquors - 6% - Bellvue, CO.; Loveland Moose Lodge #484 - 6% - Loveland, CO.; Sandy's Convenience Store - 3.2% - Loveland, CO.; Sandy's Convenience Store - 3.2% - Fort Collins, CO.; Fort Namaqua Wine and Spirits - 6% - Loveland, CO.; Lincoln Street Grille - 6% - Fort Collins, CO.; Coach House Best Western - 6% - Loveland, CO.; Al Fresco Great Italian Foods - 6% - Fort Collins, CO.; and a SPECIAL EVENTS PERMIT to the Red Feather Lakes Property Owners Association - 6% - Red Feather, CO.

A98-68 CHILD SUPPORT ENFORCEMENT PURCHASE OF SERVICES

AGREEMENT BETWEEN THE BOARD OF COUNTY

COMMISSIONERS AND THE COLORADO CHILD SUPPORT

SERVICES, INC. (Provide Assistance with Child Support Services)

A98-69 INTERGOVERNMENTAL AGREEMENT FOR THE FORT COLLINS

URBAN GROWTH AREA BETWEEN THE BOARD OF COUNTY

COMMISSIONERS AND THE CITY OF FORT COLLINS

A98-70 EXTENSION AGREEMENT BETWEEN THE LARIMER COUNTY

DEPARTMENT OF SOCIAL SERVICES AND DEPARTMENT OF

HUMAN SERVICES, DIVISION OF CHILD CARE DIVISION OF

CHILD CARE (Child Care Capacity Building Grant)

A98-71 COURTHOUSE SECURITY AGREEMENT BETWEEN THE BOARD

OF COUNTY COMMISSIONERS AND THE WACKENHUT

CORPORATION (Security for Larimer County Courthouse)

R98-69 FINDINGS AND RESOLUTION APPROVING AN AMENDED PLAT

IN WESTRIDGE ESTATES PUD, LOTS 49 & 50

Motion carried 3 - 0.

6. DISCUSSION OF COUNTY RECYCLING PROGRAM: Mr. Paratore and Ms. Dreves appeared at the Board's request in order to present an award to Ms. Dreves for her involvement in the county recycling program. Chair Olson noted that due to Ms. Dreves initiative, the recycling program gave away 500 Blue Spruce and 300 Green Ash trees to County employees this year, and in past years money from the recycling program has been used to purchase picnic tables, bird and squirrel feeders, and the blue recycling containers. The Board thanked her and presented her with a certificate of appreciation and a gift certificate for $25.00 at the restaurant of her choice.

7. DISCUSSION OF POTENTIAL SITES FOR THE JUVENILE ASSESSMENT CENTER: Ms. Snell explained to the Board that they have worked with Dave Spencer in looking at well over 100 sites to house the juvenile assessment center and they are recommending a building on South College Avenue, across from Fossil Creek Parkway; she noted that this property meets their accessibility requirements, it is ADA compliant, the existing wiring and telephone lines meet their technological requirements, and although the rent is a little higher, the tenant finish will not cost as much as some of the other places they have considered. Ms. Snell explained that her department can pay for the rent and the staffing for this project, but they cannot pay for the tenant finish and she requested funds from the Board to complete the tenant finish. Ms. Snell also explained in order to continue to provide this service in the future, they would have to find funding elsewhere; she stated she would like to see some legislation enacted to help support this project. Ms. Snell noted that they have also looked at the possibility of collecting fees for the service they will be providing. Chair Olson stated that she felt this subject needed a little more attention and discussion then they could provide during Administrative Matters; she suggested that they set up a worksession with all parties involved and invite the cities of Loveland and Fort Collins, as they will have some input on how much they would be able to support this project. Mr. Lancaster stated that this is an excellent service to provide, however, it is not a mandated service and therefore fees would be justified; he arranged for the worksession to be held this Thursday at 10:00 a.m.

8. COMMUNITY FOUNDATION PASS THROUGH AGREEMENT: Ms. Wolfe presented a Memorandum of Understanding (MOU) to the Board and requested their approval to enter into an agreement with the Community Foundation Serving Northern Colorado for the purpose of supporting efforts on the part of the County that require participation of an I.R.S. approved 501(c) (3) organization in order to receive or process funds; she noted that it would streamline the process and would make the County eligible for charitable gifts. Ms. Wolfe further explained that there would be no cost to the County until the account was activated; once activated it would cost $100.00 per year and any money that sits in the account for more than one quarter, the Foundation would take one half of one percent as administrative fees. The Board asked if Ms. Wolfe if the Finance Director, the Treasurer, and the County Attorney had seen this MOU. Ms. Wolfe stated that it had not been through the Finance Director or Treasurer, but that the County Attorney had approved it.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the Community Foundation Pass Through Agreement pending final approval of the Finance Director.

Motion carried 3-0.

  1. REMOVAL OF ITEMS #9 AND #10 FROM THE AGENDA:

M O T I O N

Commissioner Disney moved that the Board of County Commissioners remove item #9, Request for a new Child Psychiatrist, and item #10, designating Sam Szymanski as County Representative to Funding Partners Board, from today's agenda to be discussed later at an unspecified date.

Motion carried 3-0.

  1. COMMISSIONER REPORTS:

Commissioner Disney handed out three agenda item summaries from the North Front Range Transportation & Air Quality Planning Council and noted that they have been requested to approve the projects of widening U. S. Highway 287 from Broomfield to Loveland and the scope of work and funding for the State Highway 14 and I-25 Interchange Study. Commissioner Disney also stated that he will attend the hearing for the environmental assessment for U.S. Highway 287.

Commissioner Disney asked to be excused from the Environmental Advisory Board meeting tonight as he wished to attend the Loveland City Council meeting instead so he could address growth and development impact on roads.

Commissioner Clarke stated that he was confused about who is actually writing the Fossil Creek Agreement as he has been told by the City of Fort Collins that it is being written by the School District and the School District says that the City of Fort Collins is writing it; he noted that there is a meeting on May 13th and he just hoped any agreement would be shared with the County in the meantime.

11. PRELIMINARY AGENDA FOR THE COMMISSIONERS' MEETING WITH THE TOWN OF ESTES PARK: Mr. Timm reviewed a draft agenda with the Board in regards to their meeting with the Town of Estes Park, scheduled for June 22, 1998. Some discussion followed regarding which items they would discuss at this meeting.

12. WORKSESSION: Mr. Lancaster presented a previously signed agreement, concerning sharing of resources between a number of cities and counties, to the Board for signing again as there were some minor changes made.

-- Ms. Hart reviewed pending invitations with the Board.

  1. LEGAL MATTERS:

Mr. Timm explained that Estes Park is drafting their new Estes Valley Land Use Code and the Estes Park Town Attorney requested that Larimer County adopt the Estes Valley Plan as part of the current subdivision and PUD regulations. Ms. Haag stated that before the Estes Valley Land Use Code could be adopted it would need to go before both the Larimer County Planning Commission and the Board of County Commissioners. Commissioner Clarke suggested that Commissioner Disney call the Mayor of Estes Park and Mr. Timm should call the Estes Park planning staff and let them know that the County is ready to begin consideration of the adoption process of the Estes Valley Plan as part of the current County subdivision and PUD regulations in the interim while the Estes Valley Land Use Code is being developed.

Commissioner Clarke noted that he requested they talk about the letter that was sent to Ms. Haag regarding the W.O.L.F. Corporations' objections to having to comply with the Special Review Process. Ms. Evans stated the they are treating the W.O.L.F. Corporation the same as any other special review; she stated that she thinks one of the reasons that they are opposed to complying with some of the items is that they simply don't have the funds to cover the costs of the reports that are required. Ms. Haag stated that the County should not be asking for any information or reports that are not relevant; however, if the information that is being requested is pertinent, then the W.O.L.F. Corporation should have to comply just as any other applicant would . Commissioner Clarke stated that this Corporation is providing a great service and would like to see it succeed. Ms. Evans suggested the possibility that maybe the W.O.L.F. Corporation could have some of the information for these reports donated by supportive agencies.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners go into Executive Session in order to discuss confidential legal advice and land purchases.

Motion carried 3-0.

Meeting adjourned at 12:50 p.m.

THURSDAY, MAY 7, 1998

MEETING REGARDING LAND PURCHASES OF COYOTE RIDGE EXPANSION TRAIL AND CONSERVATION PROJECT

AND SMITHERMAN CONSERVATION EASEMENT

(#330)

The Board of County Commissioners met at 2:00 p.m. in regular session with K-Lynn Cameron, Open Lands Manager, and Greg Pickett, Director of Parks and Open Lands. Chair Olson presided and Commissioners Clarke and Disney were present. Also present was Wendell Amos, Member Open Lands Advisory Board. Recording Clerk, Sherry Graves.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners go into Executive Session to discuss land negotiations.

Motion carried 3 - 0.

The Executive Session ended at 3:30 p.m. and the following action was taken:

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners approve the Coyote Ridge Expansion, Trail and Conservation Project.

Motion carried 3 - 0.

The meeting adjourned at 3:35 p.m.

___________________________________________

CHERYL OLSON, CHAIR LARIMER COUNTY

BOARD OF COMMISSIONERS

MYRNA J. RODENBERGER,

LARIMER COUNTY CLERK & RECORDER

( S E A L )

ATTEST:

________________________________________

Gael M. Cookman, Deputy County Clerk

_______________________________________

Sherry E. Graves, Deputy County Clerk

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