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PROCEEDINGS OF THE BOARD OF COUNTY COMMISSIONERS

MONDAY, MARCH 8, 1999

LAND-USE PLANNING MEETING

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The Board of County Commissioners met at 3:00 p.m. in regular session with Larry Timm, Director of Planning. Chair Pro-Tem Disney presided and Commissioner Rennels was present via conference call. Also present were Brice Miller, Chief Building Official, and Jeannine Haag, Assistant County Attorney. Recording Clerk, Sherry Graves.

Chair Pro-Tem Disney 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. ADOPTION OF THE 1997 UNIFORM FIRE CODE

This request is for adoption of the 1997 Uniform Fire Code. Staff findings include: 1) The Building Department staff finds that the adoption of the 1997 Uniform Code would be beneficial and will coincide with our adoption of the 1997 Uniform Building, Plumbing, and Mechanical Codes this past year. The Fire Code, like the Building Code, is a great and useful tool to achieve safety and protect the welfare of all citizens throughout the County. By adopting and enforcing such codes, insurance rates for our structures are on a better scale as well.

The Planning Commission/staff recommendation is for approval of the Poudre Fire Authorities request to adopt the 1997 Uniform Fire Code and amendments as established.

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners approve the adoption of the 1997 Uniform Fire Code, as requested by the Poudre Fire Authority.

Motion carried 2 - 0.

The hearing adjourned at 3:05 p.m.

TUESDAY, MARCH 9, 1999

ADMINISTRATIVE MATTERS

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The Board of County Commissioners met at 9:00 a.m. in regular session with Donna Hart, Commissioners' Administrative Manager. Chair Pro-Tem Disney presided and Commissioner Rennels was present via conference call. Also present was Deni LaRue, Community Information Manager. Recording Clerk, Sherry Graves.

1. OPEN SESSION FOR PUBLIC COMMENT: Len Roark addressed the Board regarding adequate public facilities near Wellington and his concern about the proposed Wellington annexation of the Horton property. Mr. Roark reviewed a scaled map of the site, showing the exact location and the effects it will have on the frontage road along I-25; he noted that the proposal is for 350 homes, which will result in an additional 3,500 vehicles and their sole access is the frontage road to I-25. Mr. Roark stated that he discussed this issue with Tess Jones from the Colorado Department of Transportation and she concurs and also with Director of Public Works, Marc Engemoen and he is supportive of his concerns as well. Mr. Roark stated that his philosophy is that adequate public facilities should be discussed by the Town Board before they make their decision to annex, but his perception is that they don't want to talk about it now, but want to wait until after it is annexed. Mr. Roark asked if the County has submitted their response to the referral and he wants to make sure the County does respond so the Town Board is at least aware of the concerns. Mr. Roark stated that he is meeting with Town Manager Kevin Burke today to discuss this with him and there is going to be a public meeting tonight regarding the annexation; he noted that most of the opposition to the annexation is from residents outside of the town. Mr. Roark stated that this development is proposed to have 4 houses per acre with commercial development along the frontage road and it is two miles from the school and town--it is going to be a bedroom community. Mr. Roark stated that now is the time to recognize the problems and come up with solutions and a way to pay for the solutions. Commissioner Disney concurred that transportation planning should be done first and then land use planning. Mr. Roark asked for the Board's help in motivating the Wellington Town Board to be cognizant of the problems this annexation will create. Commissioner Disney stated that he will talk to Mr. Engemoen to make sure Larimer County is sending a referral letter with comments on this proposal.

2. APPROVAL OF MINUTES FOR WEEK OF MARCH 1, 1999:

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners approve the Minutes for the week of March 1, 1999, as submitted.

Motion carried 2 - 0.

3. APPROVAL OF MINUTES FROM DISCUSSION OF THE LAND-USE CODE HELD ON FEBRUARY 22, 1999:

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners approve the February 22, 1999 Minutes for the Land-Use Code discussion, as submitted.

Motion carried 2 - 0.

4. APPROVAL OF SCHEDULE FOR WEEK OF MARCH 15, 1999:

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners approve the Schedule for the week of March 15, 1999, as submitted.

Motion carried 2 - 0.

5. APPROVAL OF CONSENT AGENDA:

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners approve the following appointments and documents as listed on the Consent Agenda on Document Review for March 9, 1999:

APPOINTMENTS TO THE ANIMAL TASK FORCE: The following persons were appointed to the Animal Task Force: Carl Hanson, Ellen Nelson, Kathie Riley, Darwin Roe, Ray Mehaffey, Sarah Smith, Sonja Stonestreet, Jim Gibson, Joyce Holliday, Terry Reu, John Worthington, Suzanne Bassinger, and Richard McMahan.

MISCELLANEOUS DOCUMENTS: Closing Documents for Sale of Lot 78 in Glacier View Meadows to Devin P. Horihan. LIQUOR LICENSES: County approval for renewal of liquor licenses was granted to: Branding Iron Liquor - 6% - LaPorte, CO.; Loveland Country Store - 3.2% - Loveland, CO.; American Legion Alonzo Martinez Post 1871 - 6% - Fort Collins, CO.; and Renewal and Change of Name and Change of Corporate Structure for Horsetooth Yacht Club to Cordova's Horsetooth Light House, Inc.

A99-30 ADDENDUM TO LEASE AGREEMENT BETWEEN THE BOARD OF

COUNTY COMMISSIONERS AND AL AND KAY VONMETZGER

(Renewal of Lease for portion of space at 418 4th St. in Loveland, CO.)

A99-31 AGREEMENT FOR MUTUAL AID AMONG THE POUDRE FIRE

AUTHORITY, THE CITY OF LOVELAND, THE LOVELAND RURAL

FIRE PROTECTION DISTRICT AND THE BOARD OF COUNTY

COMMISSIONERS BY AND THROUGH THE LARIMER COUNTY

SHERIFF'S DEPARTMENT FOR HAZARDOUS SUBSTANCE

INCIDENTS

A99-32 SERVICE AGREEMENT BETWEEN THE BOARD OF COUNTY

COMMISSIONERS AND MCLEOD, USA TELECOMMUNICATIONS

(Telecommunications Services for Larimer County Employment and

Training Services)

C99-09 PSYCHIATRIC SERVICES CONTRACT AMENDMENT BETWEEN

THE BOARD OF COUNTY COMMISSIONERS FOR THE USE AND

BENEFIT OF THE LARIMER COUNTY MENTAL HEALTH CENTER

AND DAREL J. HULSING, M. D. (Addendum to Excuse Physician

from "Acting" as Medical Director)

R99-33s RESOLUTION REGARDING RELEASE OF COLLATERAL FOR

ROCKVIEW PLANNED UNIT DEVELOPMENT

Motion carried 2 - 0.

6. COMMISSIONER REPORTS:

-- Commissioner Rennels reported that she recently attended a luncheon with the local Legislators and discussed the credit card Bill for the Clerk and she hopes to get back to them this week on this issue; she noted that there needs to be major negotiations with the credit card company as this has to be done Statewide and not on an individual basis with Counties.

-- Commissioner Rennels stated that they had a monitoring position on the personal property tax for Bio-Tech but it has now gone to a negative position; she noted they should be getting a report on this soon from CCI.

-- Chair Pro-Tem Disney stated that he had a call from CCI this morning asking the Board to support House Bill 1265 - enabling legislation concerning minors in possession of spray paint for graffiti. Commissioner Rennels indicated her support; Chair Pro-Tem Disney will call Senator Peggy Reeves indicating the Board's support of HB 1265.

-- Commissioner Rennels discussed the letters from attorneys Bill Brown and Randy Starr in which they are trying to address the problem of the ditch companies not responding to referral requests and the Board having to take appropriate action on development proposals before those referrals are received. Commissioner Rennels noted that Mr. Brown and Mr. Starr are each representing different water users; she stated that Mr. Brown is recommending that all parties involved meet to address the issues specific to their area before anything is done in the Code. Chair Pro-Tem Disney expressed concern about this request because the hearings for public comment regarding the Code are closed, and if we do this for the ditch companies, there might be other entities wanting to do the same. Ms. Haag suggested that we write Mr. Brown and Mr. Starr and say that we seriously considered all the comments they made in their first letter and made adjustments accordingly to are trying to be responsive to those concerns; having done that, we feel that the additional information requested is data we have historically set down together at the table and worked out with the ditch companies on individual developments and the problems that arise do not necessitate all this additional language. The Board concurred with Ms. Haag's suggestion and stated that if the problems become ongoing and persistent, the Board will address them and, at that time, take action and include some language in the Code to avoid them in the future.

At this time, Assistant County Attorneys Jeannine Haag and Bryan Treu, Director of Planning Larry Timm, and Planner II Al Kadera joined the meeting for legal matters.

7. LEGAL MATTERS:

-- Mr. Treu requested authorization from the Board to file an eviction notice on the Strang Farm property; he noted that a Mr. R. L. Charles is staying in the old house on the property keeping an eye on the property for the County. The house was inspected by the Building Department, Health Department, and State Electrical Board and to keep it up to code would cost the County lots of money. Mr. Treu stated that Mr. Charles was told to leave the premises by January 31, 1999, but he has not done so; the Board authorized Mr. Treu to proceed with the eviction action.

-- Mr. Treu reminded the Board of the Case against Sun Construction concerning the Administration Building in Estes Park in which the cement floor was heaving; he noted that the suit was settled with a 50/50 split of the cost to fix the floor. Mr. True stated that Sun Constructions main concern was being blackballed by the County Commissioners with regard to future business; he assured them that wouldn't be a problem and, as a part of the settlement, he agreed to come in and talk to the Board to assure them the County will have no reservations in using them in the future. Mr. True stated that Sun Construction handled the situation with a lot of integrity in getting the problem resolved and the floor is going to be fixed this summer

-- Ms. Haag stated that she reviewed the technical edit part of the Code for "Location and Extent" and, as it is not very descriptive for the general public, she changed it to read "Public Project Review"; however, she noted that this has caused a ripple effect because in Chapter 4 of the Land Use Code, in the uses permitted, they put a "P" by permitted uses and "S" for Special Review and "L" for Location and Extent". Ms. Haag continued that if they call them public projects, they are back to using "P" and will have to go back and change the L's to some other letter; therefore, they plan to continue to call it "Location and Extent" (Public Project) Review. The Board concurred with the plan.

-- Ms. Haag stated that an Ordinance has been adopted, or in process of being adopted, dealing with Special Events activities on public property, but there is some interest in having those types of events dealt with on private property; she noted that the only authority to deal with special events (rock concerts, bike races, etc.) on private property is through our zoning authority, which puts it back in the Land Use Code. Ms. Haag stated that she met with Mr. Kadera to figure out how to pin it down so we are not dealing with gatherings, such as graduation parties, wedding receptions, etc., but only dealing with those things that need to be permitted; she noted that this is difficult, but not impossible, but then the question was asked "How are we going to enforce this?" Several options were discussed; if the special event lasts over several days, a temporary restraining order (TRO) could be obtained, but if it a one-day event, there is no way or opportunity to get a TRO. Ms. Haag stated that the best remedy provided for in Statute says that if you use land in violation of the land use code or zoning code, it can be a misdemeanor for which the District Attorney could bring a criminal action and impose a fine up to $250 or put them in jail for 10 days. Ms. LaRue stated that Mr. Lancaster is working on the Special Events Permit process through the Commissioner's Office; it was decided that Special Events Permits will go on the "To Do" list for the Code.

-- Ms. Haag requested Board approval of a Lease Agreement for the Rocky Mountain Building for the Larimer County Mental Health SAVA with Johnson Investments, Inc.; she noted that even though the lease starts on April 1, 1999, approval today will allow them to take possession on March 15, 1999 and pay ½ month's rent.

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners approve the Lease Agreement between the Larimer County Mental Health and Johnson Investments, Inc. for property located at 315 W. Oak St., Suite 514 in the Rocky Mountain Building.

Motion carried 2 - 0.

A99-33 LEASE AGREEMENT BETWEEN THE BOARD OF COUNTY

COMMISSIONERS FOR THE USE AND BENEFIT OF THE LARIMER

COUNTY MENTAL HEALTH SAVA AND JOHNSON INVESTMENTS,

INC. (Lease for 315 West Oak St., Suite 514 in Rocky Mountain Building)

The meeting adjourned at 10:00 a.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.