Elk in Rocky Mountain National Park
 

PROCEEDINGS OF THE BOARD OF COUNTY COMMISSIONERS

Monday, April 12, 1999

LAND-USE PLANNING MEETING

(#468)

The Board of County Commissioners met at 9:00 a.m. in regular session with Larry Timm, Director of Planning. Chair Olson presided and Commissioners Disney and Rennels were present. Also present were: Rob Helmick, Senior Planner; and Jeannine Haag, Assistant County Attorney. Recording Clerk, Sherry Graves.

Chair Olson stated that the following is a consent item and will not be discussed in detail unless requested by the Commissioners or members of the audience; Mr. Helmick offered two additions to conditions #16 and #22 (g) and noted that the applicant is in concurrence with these two additions.

1. PTARMIGAN 4TH FILING AND 3RD AMENDED MASTER PLAN (#98-S1320):

SW 1/4 14-06-68 - NORTHEAST CORNER OF COUNTY ROAD 5 AND STATE

HIGHWAY 392; 7.5 ACRES; 35 LOTS; E-1 ESTATE ZONING

This is a request for Preliminary Phase Plan to divide 7.5 acres into 35 lots for single family residential use (Patio Homes) and Amendment to the Ptarmigan P.U.D. Master Plan. Staff findings include: 1) The Master Plan for Ptarmigan Planned Unit Development was approved in 1986 and revised in 1991. The Phase Plan for the 4th Filing proposes less units than were originally approved with previous Phase Plans, therefore, the Master Plan must be amended; 2) The number of lots proposed will decrease the density and overall impacts of the development; 3) This proposed Phase Plan is compatible with the surrounding land uses and future development plans for the area in which it is located; 4) The Larimer County Health and Engineering Departments, as well as other reviewing agencies, have reviewed this proposal and have stated no objections to it; 5) The proposed Phase Plan meets the criteria of the Larimer County Zoning Resolution, the Larimer County Planned Unit Development Resolution, and the Larimer County Master Plan; 6) The proposed Phase Plan is in compliance with the approved Master Plan for this project; 7) The approval of this Phase Plan, with certain conditions, will not adversely affect the health, safety, or welfare of existing residents, wildlife, or the environment.

The staff recommendation is for approval of the Third revised Master Plan of the Ptarmigan Planned Unit Development and approval of the Ptarmigan PUD 4th Filing Preliminary Phase Plan, with the following conditions: 1) The developer shall dedicate an additional 10 feet of right-of-way for County Road 5 on the final plat; 2) Final location of the construction entrance for this phase shall be approved by County Engineering as part of the final plat approval; 3) The final plat shall comply with any recommendations from the Colorado Department of Transportation; 4) Final construction plans shall comply with all requirements of the County Engineering Department and be approved prior to recording the final plat and prior to any site work or other construction on the site; 5) Final utility plans shall be approved by the appropriate utility provider prior to recording the final plat and prior to beginning construction on the utility improvements. Written "commitments to serve" from both the Fort -Collins Loveland Water District and South Fort Collins Sanitation District; 6) The developer shall submit a written plan which addresses the fugitive dust control issues discussed in the County Health memo dated November 3, 1998. This plan must be approved by Larimer County Health Department prior to approval of the final plat. If a formal Fugitive Dust Control Plan is required by the State, a copy of the application made to the State shall be included and approval of the final plat will be contingent upon approval of such plan by the State; 7) The developer shall submit a copy of the construction phase Stormwater Management Plan directly to the State. Prior to approval of the final plat for this development, the Larimer County Planning Department shall receive written confirmation from the Colorado Department of Health and Environment, Water Quality Control Division of the Plan; 8) The developer shall comply with all requirements of the Windsor-Severance Fire Protection District including, but not limited to the number, type, placement of fire hydrants in this development. These requirements shall be addressed in the final construction package for the project; 9) A minimum of 10 feet shall be maintained between structures. This requirements must be included in the covenants as well as in a note on the final plat. Building envelopes shall be labeled on the final plat and have 10 feet between them; 10) Passive radon mitigation measures which can be converted to active systems must be included in the construction of residential structures on all 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 must be submitted to the Planning Department; 11) The developer shall complete a Development Agreement which shall be recorded with the final plat. The developer shall provide collateral in compliance with the Larimer County Collateral Policy prior to recording the document with the final plat; 12) The developer shall submit a "noise mitigation" plan for review and approval by the Colorado Department of Transportation unless CDOT states, in writing that such a plan is not required; 13) The developer shall submit a Disclosure Statement for future buyers which informs the property owner of the potential for noise, gravel mining, and agricultural operations. The Statement shall be accompanied by a map which indicates the locations of approved gravel mining operations north of Ptarmigan. This Statement shall be recorded with the Final Plat and must be presented at the real estate closings for each lot in the 4th Phase; 14) The developer shall submit a final landscape plan which utilizes the 1991 landscape Plan and continues the landscaping concept from the 2nd phase into the 4th phase. This plan shall also include typical detail r4epresentations for the internal areas, maintenance, and irrigation plans. Both an extension of the existing wall along County Road 5 and the 6' screen wall that is shown on the 1991 plan for the south side shall be shown on the final landscape plan. The mature cottonwoods along County Road 5 shall be included in the Landscape Plan. A development Agreement with collateral shall be completed for the landscaping, but this Agreement may be incorporated into the overall Development Agreement for the project; 15) The developer shall submit final covenants and other final Home Owners Association documents for approval by Larimer County Planning and the Larimer County Attorney. These documents shall be provided to each purchaser of property in the 4th phase; 16) Noise mitigation measures shall be incorporated into the structures which abut either State Highway 392 or County Road 5. On the side of each structure which is adjacent to either State Highway 392 or County Road 5, the structure's walls shall be constructed with minimum R-30 insulation, or other equally insulating construction method approved by the Planning Director prior to Final Plat approval, and utilize double paned acoustical windows that have been engineered specifically to provide greater sound reduction than standard double paned windows. Air conditioning shall be installed in all of these structures. These requirements shall be incorporated into the covenants for this phase of the development; 17) Utility easements requested by various utility providers shall be platted as requested. Any existing facilities must have an easement shown on the final plat; 18) The existing cottonwood trees along County Road 5, at the western edge of this filing, shall be preserved unless they are classified as "hazardous". The County Forester must inspect any tree considered for removal and agree that the tree poses a hazard to homes, people, vehicles, or County facilities. The required final Landscape Plan, Grading Plan, and other Construction Plans must reflect this preservation; 19) Larimer County has adopted or implemented, through Intergovernmental Agreement, County Transportation Capital Expansion Fees (County and Regional) and School fees in Lieu of land dedication. These fees will be collected in compliance with the fee Resolutions, which are in effect when each building permit is issued. Each lot/building pad must pay the fees which are in effect at the time the permit for that lot is issued. Drainage Basin Fees for the Fossil Creek Drainage Basin will be assessed from each new residence constructed in this phase at the time each building permit is issued. The fee amount for each lot is attached to the Findings and Resolution as Exhibit B. A reduced Regional Park fee in lieu of land dedication shall be collected for each new residence in the amount of $250 at the time each building permit is issued; this fee shall not increase; 20) The setbacks for this project shall be listed on the final plat and shall be as follows: a) All structures must be no less than 150' from the centerline of State Highway 392; b) Front (all pads): 35' from centerline; c) Side setbacks: 10" minimum between structures; d) Pads 29 and 35: 150 feet from the centerline of Highway 392; e) Rear setbacks: Where rear walls face side walls, 10' minimum between structures must be maintained. Where rear walls face real walls, 20' minimum between structures must be maintained; f) Pads 30, 31, 32, 33, 34: 150' from centerline of State Highway 392; g) Pads 4 and 13: 85' from centerline of County Road 5; h) Pads 3, 15, and 26: 78' from centerline of County Road 5; i) Pads 14, 27, 28 and 29: 71' from centerline of County Road 5; 21) The following note shall be placed on the final plat: "This development is subject to a Development Agreement and Covenants of record with the Larimer County Clerk and Recorder. Further, a Disclosure Statement for this development is also on file with said Clerk."; 22) The developer shall submit a Disclosure Statement intended for future buyers which shall be recorded with the Final Plat and must be presented at the real estate closings for each lot in the 4th Phase. The Statement shall be accompanied by a map which indicates the locations of approved gravel mining operations north of Ptarmigan. The Statement shall include information about the setbacks, the potential for noise, gravel mining, and agricultural operations and the following statements: a) A minimum of 10 feet must be maintained between structures; b) A flat $250 County fee in lieu of Park land dedication will be collected for each building permit at the time the permit is issued; c) The Poudre School fee in lieu of land dedication will be collected for each building permit in this phase at the time the permit is issued; d) Transportation Capital Expansion fees will be collected for each building permit at the time the permit is issued; e) Drainage fees for the Fossil Creek Drainage Basin will be collected for each new residential structure at the time a building permit is issued; f) Passive radon mitigation measures which can be converted to active systems must be included in the construction of residential structures on all 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 must be submitted to the Planning Department; g) Engineered footings and foundations are required for new residential construction. All construction of homes shall follow the recommendations of the Terracon project Report #20985158 of October 8, 1998, especially for those homes with full basements; h) All utilities must be installed underground; i) 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; j) Prairie dog colonies may 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; k) Noise mitigation measures are required for the structures which abut either State Highway 392 or County Road 5. On the side of each structure which is adjacent to either State Highway 392 or County Road 5, the structure's walls must be constructed with minimum R-30 insulation and utilize double paned acoustical windows that have been engineered specifically to provide greater sound reduction than standard double paned windows. Air conditioning is a requirement for all of these structures. These requirements must be incorporated into the covenants for this phase of the development; l) This development is the subject of a Development Agreement that has been recorded in the Office of the County Clerk and Recorder and is also on file in the Larimer County Planning Office. There are also recorded covenants associated with this plat.

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 Ptarmigan 4th Filing and 3rd Amended Master Plan (98-S1320), with the conditions as revised and outlined above.

Motion carried 3-0.

The meeting recessed at 3:05 p.m.

CONTINUANCE OF LAND USE PLANNING MEETING

(#468 @ 200 & #469)

The Board of County Commissioners reconvened at 7:00 p.m. in regular session with Rob Helmick, Senior Planner. Chair Olson presided and Commissioners Disney and Rennels were present; also present was Jeannine Haag, Assistant County Attorney. Recording Clerk, Sherry Graves.

1. MICHAEL RADIO ENTERPRISES SPECIAL REVIEW (#97-ZR1135):

22-04-73 - 3/8 MILE WEST OF HIGHWAY 7 AND 2.5 MILES NORTH

OF THE BOULDER COUNTY LINE AND 1/2 MILE SOUTH OF LILY LAKE

This is a request to construct a 40' radio tower for FM broadcast for the Estes Valley (KRKI). Staff findings are: 1) The application is consistent with the intent and purpose of the Larimer County Comprehensive Zoning Resolution; 2) The 40 foot tower and minimal site disturbance are harmonious with the surrounding area; 3) No governmental entity or other agency has recommended the application be denied. The concerns of the Rocky Mountain National Park have been addressed by the reduced height and color of the tower; 4) No undue or adverse influence or condition will result from approval of this application.

Ms. Haag stated that this is a Special Review application under the County Zoning Regulations and there are eight (8) criteria in those regulations by which this application must be evaluated; she reviewed the eight criteria and noted that the Board's decision is to be based on considerations of health, safety and welfare. Ms. Haag noted for the record that the Board's decision tonight will not set a precedent for other towers as a matter of law as special review uses are unique in that each one is evaluated on its own merit.

Commissioner Disney disclosed for the record that he visited the tower site with Larry Gamble, the Land Use Specialist for Rocky Mountain National Park; he took some pictures of the tower to show to Chair Olson and Commissioner Clarke and also asked Mike Slavic, Communications Specialist with the County, to review the tower to determine if it would be adequate to do what the applicant said it would do and it was his opinion that it would. Chair Olson cautioned the 70+ persons in the audience that the Board does not want to review the programming at KRKI tonight as it does not have anything to do with this application; she reviewed the rules for the evening - the hearing will end at 10 p.m. and each speaker will be allowed three minutes for their comments.

Mr. Helmick provided the staff report and reviewed the major issues and concerns; he presented two large folders filled with correspondence received from interested persons; he noted that the folders contain 162 post cards or letters in opposition to the tower and 65 or 70 letters or newspaper clippings from an advertisement in favor. Mr. Helmick stated that one issue raised at the Planning Commissioner hearing was wildfire safety; he noted he received a letter from Mr. Simons, Wildfire Safety Coordinator, stating that after visiting the site, he determined that the radio tower will not increase wildfire danger in the area. Mr. Helmick stated that the proposed tower will allow the station to increase power to 7500 watts, which will increase the effective area of coverage in and around the Estes Valley; he noted that the current proposal is to construct a 40 foot freestanding (not guyed) tower and to place 3-4 antennas on this tower. Mr. Helmick reviewed the location of the tower, noting it is in the FO-Forestry Zoning; he stated that the original application submitted for review at Concept Technical Review (CTR) was for a 120 foot guyed tower. Mr. Helmick continued that since CTR, the applicant has provided an alternatives analysis, reduced the height of the tower to 40 feet , and completed additional studies requested by the County; he noted that staff agreed to allow the applicant to temporarily place an actual tower section on the site, which has been viewed and photographed by county staff, the applicant and others, and it has been concluded that the proposed 40 foot tower will not be visible. Mr. Helmick stated that the Tahosa Valley Landowners Association have taken a lead position in opposition to this application.

Mr. Helmick stated that the Planning Commission reviewed this request on February 17, 1999 and did not forward a recommendation of approval to the Board of Commissioners as their vote to deny was split and the motion died on a tie vote.

Mr. Bill Wyatt, attorney for the applicant, reiterated that the applicants originally came in requesting a 120 ft. tower; a neighborhood meeting was held and comments were received from staff and adjacent property owners, and the applicants listened and went back to the drawing table and asked what they could do to address all the issues. Mr. Wyatt continued that they proposed a 40 foot tower, which is within the height limitations in the FO-Forestry Zoning and located the tower in an area of high tree density so it would be invisible; he noted that the applicants addressed every issue raised and, as a result, the objections of both the Planning Staff and the head of the Rocky Mountain National Park have been resolved. In summary, Mr. Wyatt stated that the applicants have favorably met the eight criteria of the Comprehensive Zoning Regulations and have diligently and honestly addressed all of the issues raised - visibility, height, location, etc.

Mr. Vic Michael, applicant, submitted a booklet containing dialogue, correspondence, letters and large colored photos all supporting approval of the new FM Tower for KRKI-FM in Estes Park, Colorado; he reviewed the background of this request and the reasons for the Board to approve this request. Mr. Michael stated that the main issue of concern is visibility and he reviewed the booklet and pictures in detail; he noted they will only have to remove three (3) trees and he feels the tower is harmonious to the area and this is something the valley really needs. Questions from the Board and much discussion regarding co-location followed. Commissioner Disney asked if the wiring for the electricity is going to be underground; Mr. Michael responded in the affirmative and, in response to a concern about concrete trucks being in the area to pour the concrete foundation, he stated that they plan to hand mix the concrete themselves. Commissioner Disney asked Mr. Michael if he has a problem if a condition is added requiring earthen tone colors; Mr. Michael answered "No". Commissioner Disney noted that at the Planning Commission hearing Mr. Michaels stated that he would never increase the height of the tower and he asked if that is true; Mr. Michael answered in the affirmative.

Mr. Helmick stated that CRMS regulations prohibit cellular facilities being placed on properties or buildings used for residential purposes and this property is primarily residential so any co-location could not be a CRMS facility on this site unless they received an exemption or variance from the Board of Adjustment or an amendment to the special use.

At this time the hearing was opened for public comment and the following persons addressed the Board with their comments and concerns: Jean Sutherland, Glen Porzak, William Pietenpol, Ron Neilson, Eric Rose, Brian Schaefer, John Sypher, Phil Stern, John Cotshott, Ken Bonetti, Tom Sutherland, Greg Burke, David Thomas, Bill Almond, Phil Taylor, James Sherman, Rob Cowen, Nancy Gregg, and Paul Epp.

The following persons spoke in opposition to approval of the request: Ms. Sutherland, President of the Tahosa Valley Landowners' Association, stated that the Association is unequivocally opposed to this tower; she noted that there are 115 to 120 landowners having membership in the Association, and 75% are in Larimer County. Ms. Sutherland stated that the association was formed in 1970 to protect and preserve the beauty of the historic valley; she cited reasons for their opposition: 1) Visibility - the trees are screening the tower now, but they may not always be there; 2) Principle - this valley is unique, scenic, historic and residential; 3) Industrial - this is an industrial facility and not harmonious with the valley; 4) Precedent setting; and 5) Misrepresentation of facts. Ms. Sutherland submitted a copy of the Applied Spectrum Research Study by John P. Murray which states that if the tower had been there in 1976, it would not have helped alleviate the devastation of the flood. Mr. Porzak, attorney and landowner in the valley, disagreed that CMRS regulations do not apply because they apply in the appropriateness of the site and as County regulations require co-location of other facilities, one determination the Board needs to make is whether or not this site is appropriate and if this site will permit co-location of other CMRS facilities and he noted that condition #8 requiring co-location actually violates the County regulations. Also, Mr. Porzak stated that if this request is approved, there should be a condition that says "No lighting on the tower", and he asked for a term and condition in a binding covenant that runs and burdens this property to insure that there will never be a tower over 40 ft. Mr. Pietenpol referred to the survey mentioned by Mr. Michael and he wondered if the negative comments were included as well as the positive, and with regard to the wildfire issue, he noted that towers do attract lightening. Mr. Stern stated that this tower will have a psychological effect on him and, therefore, will effect his health and well being; he noted that what is happening here is that the Estes business interests are basically trying to put their hands into the Tahosa Valley and he considers the presence of the antenna as a "takings" of his peace and tranquillity as it is an industrial intrusion. Mr. Cotshott expressed concern that approving this request will open the door for a higher antenna to be required and he thinks it is unfair to falsely encourage individuals of the possibility that a cell phone antenna may be placed on the 40 ft. tower and co-located there; he believes that if lightening struck in this area, it would hit the tower and he thinks that the Allenspark Fire District should be a referral agency. Mr. Bonetti, speaking on behalf of the people in Fort Collins interested in land use issues, expressed great concern that there are many people in Fort Collins that place high value in Rocky Mountain National Park and by approving a project like this, the Board is saying that commercial development is more important then preserving the boundary of the Park and integrity of the wilderness that the Park encompasses. Mr. Sutherland stated that he was Chairman of the Planning and Zoning Board over 30 years ago when he was requested by the Tahosa Valley Landowners Association to get FO-Forestry Zoning instead of O-Open Zoning, which allowed everything, and they thought the FO-Zone would secure the valley with a minimum of 5 acres per lot. Mr. Sutherland encouraged the Board to read the analysis done by John Murray because he applied standards and found that this tower wouldn't even serve Estes Park very well as it is over the top of the Wind River Pass and FM needs a direct straight line. Mr. Taylor requested the Board to go back to the Concept Technical Review meeting and review other alternatives for a new tower site as he feels there are other locations in the valley for this tower. Mr. Sherman stated that his family has owned land in the valley for over 40 years and he asked the Board to take a closer look at the spectrum analysis and he volunteered his time to assist in the review; he stated that this is a unique area and, if this is approved, there should be more County control over the concrete pour on this site.

The following persons spoke in favor of the tower: Mr. Neilson stated that this tower will provide a public service and is needed in the area. Eric Rose, Community Resource Officer with the Estes Park Police Department, read a statement from the Department stating that they have utilized KRKI and KEZZ for facilitating the release of information to Estes Valley residents and he has had the opportunity to work closely with staff members of KRKI and they are cooperative and very community oriented and they have assisted with numerous programs that encompass interests from children to seniors. Mr. Schaefer stated that this station fills a need in the community and this tower will help the business community and the applicant has bent over backwards to comply with County regulations. Mr. Sypher stated that it will be very beneficial for the radio station to have this tower and KRKI has been involved in numerous charitable organizations and is always very cooperative. At this time, Ms. Haag reminded the audience that comments need to focus on whether or not this is an appropriate use at this location. Mr. Burke appealed for reason regarding the things the Board has heard tonight; he noted that this is a property rights issue because the Greggs have the right to do with their property what they want and the Michaels have made very large concessions on this issue. Mr. Thomas, Executive Director of the Estes Park Chamber Resort Association, stated that he thinks this is an appropriate use because it serves the public interests in terms of safety and the overall interests of the community. Mr. Almond stated that he is concerned with the gateway issues that this town is experiencing and Tahosa Valley is a premier example of a gateway that should and can be preserved and protected, but Michael Enterprises has made a good faith effort to meet the concerns that have been voiced tonight. Mr. Cowen stated that this is a property rights issue and is a permitted use and it would be unfair to not permit it and it would not have an extreme negative impact on the area; he did ask what it would look like when 3 trees are removed as the tower needs to remain invisible. Ms. Gregg, owner of the subject property, noted that a lot of the questions and concerns raised tonight are speculation about "What would happen if?" Ms. Gregg stated that they want to maintain 100% control regarding what happens on this land and they have stipulated in their contract with Mr. Michael that the tower will be no more than 40 ft. and this contract is assigned to his successors and if they choose to sell their land, the contract will continue with their successors; she noted that Mr. Michael has been very accommodating and the tower is not visible from the road, adjacent properties, or residences. Mr. Epp stated that he has not been able to see the tower and thinks that an antenna that you can't see is consistent with the permitted land use.

Mr. Wyatt stated that having listened to the comments, it is obvious that there is no visibility issue and the purpose of tonight's hearing is to determine if this application meets the eight guidelines set forth by this Commission; he continued that the professionals have stated unanimously that the application meets all the guidelines and the request should be granted. Ms. Michael responded to the concerns raised tonight and noted that he has heard from the Aspen Lodge and they do not have a problem with the tower now.

A number of questions were asked by the Board and discussion followed; Commissioner Disney agreed that the Tahosa Valley is unique and special, but this use is allowed by Special Review in the FO-Forestry Zone and if the applicant meets the conditions of the zoning regulations, the Board has to approve it and this application does meet all the criteria. Commissioner Rennels asked a question about the applicant's ability to hand pour the concrete; Mr. Helmick stated that the building will need a concrete foundation and the applicants will need to meet Building Department requirements for the consistency of the pours for structural integrity. Commissioner Rennels stated that another issue of importance to her is that the Greggs are the property owners and they have a contract with the Michaels regarding the transferability of this contract if there is a sale and, in her opinion, approval is mandatory as the applicant has followed the rules. Chair Olson concurred with her colleagues.

After discussion and consideration of some of the comments made tonight, the conditions of the staff recommendation for approval for the Michael Radio Enterprises Special Review were revised as follows: 1) The use shall be operated as proposed in the application materials, except as modified by these conditions or by representations of the applicant on the record; 2) The applicant shall provide a detailed site plan which shall clearly show all physical features within the leased area, all improvements to be made, all proposed structures, all vegetation to be removed, any grading and erosion control measures, all utility line placement and any other relevant information which may be necessary to evaluate specific site development. As a part of the site plan review, the applicant shall submit color samples of all materials to be used on the site. All material colors shall be those which blend with the immediate environment and must be approved by the Planning Director; 3) No building permits shall be issued for either the 40 foot tower or the equipment building until the County staff has reviewed and approved a site plan; 4) No site clearing shall occur until the site plan has been reviewed and approved; 5) Site clearing shall be kept to an absolute minimum. In no case shall the cleared area exceed 20 feet from the tower or that necessary to assure fire safety of the equipment building; 6) Site access, for the existing drive, shall minimize tree removal and shall be reviewed and approved prior to construction by the County staff; 7) The applicant shall withdraw from FCC consideration the original 120 foot tower license application; 8) The owner/applicant shall reasonably accommodate requests for the co-location of other antennas on this tower when co-location is permitted by Federal, State and Local regulations and by the terms of the applicant's agreement with the property owner; 9) No exterior lights on any structure shall be allowed at this site except one wall-mounted, switched, sharp cutoff low wattage fixture; 10) Both the applicant and landowner shall commit to and provide a binding covenant for this site which would permanently limit the height of this tower to 40 ft.

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 Michael Radio Enterprises Special Review (#97-ZR1135), with the conditions as revised and outlined above.

Motion carried 3-0.

The meeting adjourned at 9:50 p.m.

TUESDAY, APRIL 13, 1999

ADMINISTRATIVE MATTERS

(#471)

The Board of County Commissioners met at 9:00 a.m. in regular session with Frank Lancaster, County Manager. Chair Olson presided and Commissioner Rennels was present. Also present were: Anne Keire, Human Services Child Care Supervisor; Debbie Santiago, Executive Director of United Daycare Center; Natalie Brown, CSU Student; Dick Fletcher, Lory State Park Ranger; Rob Helmick, Senior Planner; Deni LaRue, Community Information Manager; and Donna Hart, Commissioner's Office Administrative Manager. Recording Clerk, Gael Cookman.

1. PUBLIC COMMENT: There was no pubic comment today.

2. APPROVAL OF MINUTES FOR WEEK OF APRIL 5, 1999:

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners approve the Minutes for the week of April 5, 1999.

Motion carried 2-0.

 

3. APPROVAL OF THE SCHEDULE FOR THE WEEK OF APRIL 19, 1999:

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners approve the schedule of the week of April 19, 1999.

Motion carried 2-0.

4. APPROVAL OF CONSENT AGENDA:

M O T I O N

Commissioner Rennels moved for approval of the following documents as listed on the consent agenda on document review for April 13, 1999:

PETITIONS FOR ABATEMENT AND REFUND OF TAXES, as recommended by the County Assessor, were approved for the following: Terry & Cindy Zielke; Jeffrey & Deborah Houchin, Antonio & Jamie Tovar; Jack Whittier & Robynn Thorley; Robert Miosek; K&M Company; Dohn Construction; Roy & Marilyn Laman; and Not Just Gyros.

MISCELLANEOUS DOCUMENTS: Check Warranty Register for the month of March 1999; Colorado Works Allocation Committee (WAC) SFY 1999-2000 Colorado Works Allocation and MOE Bid Sheet.

LIQUOR LICENSES: License approval was granted to: Sandy's Convenience Store, 3.2% - Fort Collins, CO. Licenses were issued to: White Buffalo - 6% - Loveland, CO.

A99-64 AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND BILL J. SNYDER AND MARGARET K. SNYDER CONCERNING ROAD IMPROVEMENTS TO COUNTY ROAD 74E

A99-65 AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND LANDIS CLARK AND CYNTHIA YONADI CONCERNING ROAD IMPROVEMENTS TO COUNTY ROAD 74E

A99-66 SERVICE AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND CORRECTIONAL HEALTHCARE MANAGEMENT, INC. (Medical Services for Inmates)

Motion carried 2-0.

 

5. PROCLAMATION FOR THE WEEK OF THE YOUNG CHILD: Ms. Keire noted that the activities surrounding this event have greatly increased in an effort to increase the quality of care given both in daycare centers and in daycare homes; she noted that they have stepped up their training programs and also are considering hiring a mentor to go into the homes to provide training and support the childcare providers. Ms. Santiago noted that they plan to kick-off the week of the Young Child by hosting a Kids Fest at the Community Center which will include speakers on asset building and parenting skills; she noted that this event will be county wide in order to include all communities. Ms. Brown explained that she is co-coordinator of the "doll project"; which is designated to take place on Wednesday the 21st of April, and on that day approximately 3500 dolls will be distributed to the communities in order to raise awareness concerning child abuse and other issues pertaining to children. Ms. Keire distributed pins and purple ribbons to the Board for them to wear in order to help raise awareness in this issue. Commissioner Rennels then read the proclamation aloud.

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners proclaim the week of April 18th - 24th 1999 to be the Week of the Young Child.

Motion carried 2-0.

6. LORY STATE PARK ANNUAL UPDATE: Mr. Fletcher presented the Board with the Lory State Park 1998 Annual Report; he noted that 1998 was a very good year for the park as over a mile of new multiple use trail was constructed, revenue had increased 7.5% over 1997, and visitation had increased 18% over 1997. Mr. Fletcher noted that the noxious weed battle shifted into high gear in 1998 and they are introducing "spurge eating beetles" in the effort to combat the weeds in a more environmentally friendly manner. Mr. Fletcher noted that many groups of people and organizations have been very supportive, specifically the Larimer County Youth Services Bureau, the Northern Colorado Mounted Patrol, the Fort Collins Kiwanis Club, and the Friends of Lory Trails Group. Mr. Fletcher noted that construction for the Lory Visitor and Environmental Education Center began in October 1998 and is scheduled for completion in April of 1999.

7. DISCUSSION ON MOUNTAIN PLOVER: Mr. Helmick explained that the Mountain Plover Bird is being considered by the Fish and Wildlife Service to be listed as a threatened species; he noted that this may restrict some activities in areas that the Mountain Plover thrive in, and could possibly impact the agricultural businesses in Larimer County. Mr. Helmick noted that this bird would most likely be found in the northeast section of Larimer County; however, since this is a migrating bird, the Fish and Wildlife Service is not planning to specifically identify critical habitat for this species. Mr. Helmick requested direction from the Board on how to address this situation. After some discussion, the Board agreed that sending a letter to the Fish and Wildlife Service would be the best idea; they stated that the letter should cover the following topics: 1) To not designate habitat; 2) Unfunded mandate, and 3) Impact on agriculture. The Board also considered the possibility of expanding the role of some of the members of the Prebles Jumping Mouse Task Force to try and tackle this issue

8. REQUEST FOR FUNDING FOR CINCO DE MAYO CELEBRATION: Mr. Lancaster noted that he has received a request for $500.00 from the Cinco de Mayo Committee in order to support the planned celebration during the week of May 1st - 5th, 1999; he explained that there will be a number of events taking place throughout the County. Mr. Lancaster also explained that, although the Board has not specifically supported the Cinco de Mayo Celebration in the past, they have supported similar activities and this fits in well with the Diversity Committees efforts in recognizing cultural diversity.

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners approve the funding of $500 for the Cinco de Mayo Celebration; funds to be derived from the Commissioners' Special Projects Fund.

Motion carried 2-0.

  1. APPOINTMENTS TO THE PLANNING COMMISSION: Mr. Lancaster noted that Rodney Nelson, a resident of Timnath, is to be appointed to the Planning Commission.

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners approve the appointment of Rodney Nelson to fill an unexpired term on the Larimer County Planning Commission until June 30, 2000.

Motion carried 2-0.

10. WORKSESSION: Mr. Lancaster requested Board approval to send a letter to Senator Craig Thomas, Chairman to the Senate Subcommittee on National Parks Historic Preservation and Recreation; he noted that this letter is intended to enlist Senator Thomas' support for Senate Bill 340, which is a bill to amend the Cache La Poudre River Corridor Act.

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners authorize the Chair to sign the letter to Senator Craig Thomas in order to enlist his support in SB 340, which will allow for technical corrections to amend the Cache La Poudre River Corridor Act.

Motion carried 2-0.

- Mr. Lancaster noted that the Board had previously given their approval for funding the I-25 Corridor Study up to $70,000; however, the final amount came through at $82,050, and he needed a formal motion to adopt this figure.

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners increase the budget for the I-25 Corridor Study from $70,000 to $82,050; the funds will be paid over a two year period and will come from the PLUS Special Projects Budget.

Motion carried 2-0.

  • Ms. Hart explained that for the last several years the County has sponsored an employee day at Elitch Gardens by purchasing 500 tickets at consignment rate and then offering them to County employees at a discounted rate; she noted that the ticket prices have increased and they are now $16.00 per ticket (consignment rate). Ms. Hart reviewed the possibilities of dividing the costs between the employees and the County should the Board wish to sponsor this event again. The Board stated that they felt this was a nice benefit to employees and decided to sponsor it again this year by having the employee pay $12.00 per ticket, and the County pay the additional $4.00 per ticket, resulting in a $2,000 expenditure for the County in order to sponsor this event.

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners authorize the expenditure of $2,000 for 500 tickets for County Employee Day at Elitch Gardens on a date yet to be determined; monies for this expenditure will be derived from the Commissioners' Special Projects Fund.

Motion carried 2 - 0.

11. COMMISSIONER REPORTS: Commissioner Rennels explained that she had a conference call with CCI last week, and she is on the Wildlife Committee to look at the endangered species issue and whether to put that issue on the summer conference agenda.

Chair Olson passed a letter to Mr. Lancaster and explained that the author of the letter needed to be informed that elected officials do not "work" for the Board of County Commissioners and that they, in essence, "work for themselves" and are responsible for their own departments and the how they operate.

  1. LEGAL MATTERS: At this time County Attorney George Hass and Assistant County Attorney Jeannine Haag joined the meeting for Legal Matters. Ms. Haag explained that she needed Board approval to file a lawsuit against Kirk R. Morris for a building violation, as he is building a "shack" without any building permits; she noted that he is living in the structure as he builds it and they need him to vacate the premises and go through the proper process. Ms. Haag noted that he has been ignoring all contact by the county departments involved, and warning signs have been posted on the premises, all to no avail.

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners authorize legal action against Kirk R. Morris for building and health code violations.

Motion carried 2-0.

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners go into Executive Session to discuss pending litigation and legal advice.

Motion carried 2-0.

Meeting adjourned at 11:30, no further action taken.

 

 

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CHERYL OLSON, CHAIR LARIMER COUNTY

BOARD OF COMMISSIONERS

MYRNA J. RODENBERGER

LARIMER COUNTY CLERK & RECORDER

( S E A L )

ATTEST:

 

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Gael M. Cookman, Deputy County Clerk

 

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Sherry E. Graves, Deputy County Clerk

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