PROCEEDINGS OF THE BOARD OF COUNTY COMMISSIONERS

Monday, August 30, 1999

LAND USE PLANNING MEETING

(#508)

The Board of County Commissioners met at 3:00 p.m. in regular session with Larry Timm, Director of Planning. Chair Olson presided and Commissioner Disney was present; Commissioner Rennels was attending the dedication of the Thurman F. "Fum" McGraw Althletic Center at Colorado State University. Also present were: Fred Starr and Matt Lafferty, Planners II; Sylvester Mabry, Project Engineer; Doug Ryan, Environmental Health Planner; and Jeannine Haag, Assistant County Attorney. Recording Clerk, Sherry Graves.

Chair Olson stated that the following are consent items and will not be discussed in detail unless requested by the Commissioners or members of the audience.

1. AMENDED PLAT OF LOTS 42, 49 & 4, BLOCK 5, GLEN HAVEN

SUBDIVISION (#99-S11463): SECTION 27-TO6N-R72W OF THE 6TH

P.M.; 2.410 ACRES; 3 LOTS; E-1 ESTATE ZONING

This is a request for an amended plat to approve a boundary line adjustment, combining Lots 42, 49 and 4 into new Lot 42A. Staff findings include: 1) Lots 4, 42 & 49 referenced in this amended plat application are part of a previous Amended Plat application, Case #S-52-90, approved by the Board of County Commissioners on February 27, 1991. Case #S-52-90 was for approval of an "Amended Plat of Lots 2 & 54 of the Amended Plat of Lots 2, 3, 4, 41, 42,49,50,54 and 55, Block 5, in Glen Haven Subdivision. The title of this plat should read "Amended Plat of Lots 42, 49 & 4 of the Amended Plat of Lots 2, 3, 4, 41, 42, 49, 50, 54 and 55, Block 5, Glen Haven Subdivision".

The staff recommendation is for approval of (#99-S1463) Amended Plat of Lots 4, 42 & 49, Block 5 in the Glen Haven Subdivision, with the following conditions to be completed before signature of the Board of County Commissioners and recording: 1) The applicant shall identify and label the limits of the 100 yr. Flood Plain on the plat. The applicant shall label any area determined to be within a Flood-Way as "Non-buildable Flood-Way (Per memo dated July 27, 1999 from Sylvester Mabry, Larimer County Engineering); 2) The applicant shall place a note on the plat stating that "Permits for the construction or re-construction of any on-site sewer system shall be reviewed and approved by the Larimer County Health Department"; 3) Note #2 on the Amended Plat states: "A blanket easement through, over and under all properties shown on this plat shall provide for the maintenance, repair, and/or replacement of all existing utilities, as well as the expansion or extension of future utilities". Before any building permits can be issued for improvements or construction on this site, the applicant shall provide a plot plan showing the location and type of any utility present within the area of this amended plat. No permits will be issued without the appropriate authorization from the affected utility; 4) The applicant shall comply with the requirements of the Larimer County Engineer, as noted in the letter dated August 16, 1999 from Mr. Dale Greer.

2. TIMBERLINE INDUSTRIAL PARK PLANNED UNIT DEVELOPMENT

AND REZONING (#97-MS1113): SW 1/4 OF 08-07-68 ON THE EAST

SIDE OF SUMMIT VIEW DRIVE, 1/8 MILE NORTH OF MULBERRY

DRIVE (HIGHWAY 14); 35.6 ACRES; 32 LOTS; O-OPEN, C-COMMERCIAL

AND I-INDUSTRIAL ZONING

This is a request for Preliminary Phase Plan to divide 35.6 acres into 32 lots with 1.78 acres of open space for an industrial development, and to rezone the property from O-Open, C-Commercial and I-Industrial to I-Industrial and I-1 - Heavy Industrial. Staff findings are: 1) The proposal is in compliance with the Larimer County Comprehensive Zoning Resolution, the Larimer County Master Plan, the Intergovernmental Agreement with Fort Collins, and the Planned Unit Development Resolution; 2) The proposal will create less density than in existing surrounding areas; 3) There are adequate public facilities to serve this proposal which will not have a negative impact on roads or the provision of other public services; 4) County Engineering, County Health, and other agencies have reviewed this proposal and have stated no objections to it if certain conditions are met; 5) This proposal will not have a negative effect on the public health, safety, or welfare.

The staff recommendation is for approval of a rezoning from O-Open, C-Commercial and I-Industrial to I-Industrial and I-1-Heavy Industrial, with the following conditions: 1) All lots within the development are zoned I-Industrial with the exception of Lots 1 and 7, which shall be rezoned I-1-Heavy Industrial to accommodate the existing uses; 2) The property must be developed in strict conformance with the plans found in file #97-MS1113, unless otherwise modified by the conditions of approval for the Planned Unit Development associated with this project. Approval of the Preliminary Plat of the 32 lot Timberline Industrial Park Planned Unit Development, with the following conditions: 1) An emergency access connecting the Timberline Industrial Park to the Lake Canal Subdivision shall be required, unless the applicant receives approval and constructs a secondary access across the Lake Canal Ditch. Said emergency access shall be approved and constructed to the following specifications before any building permits are issued for the new lots in the Timberline Industrial Park: a) The emergency access road shall be located in a 25-foot wide emergency access easement; b) The emergency access road shall be a minimum of 20 feet in width; c) The emergency access road shall be constructed of an all-weather (asphalt or concrete) surface; d) The emergency road shall be short, straight and flat (any curves or bends in the road shall meet minimum turning radium for fire apparatuses utilized by the Poudre Fire Authority); e) The emergency access easement shall not be encumbered by any obstructions including gates, bollards or other similar traffic control devices; f) The emergency access road shall be easily identifiable by signage or painting; g) The emergency access road shall be subject to an appropriate maintenance agreement prepared by the owners of the Timberline Industrial Park PUD and Lake Canal PUD developments, and shall be legally binding and enforceable to ensure the continual quality of the road (also shall be addressed in the lot owners covenants); h) The emergency access road shall be reviewed, approved and constructed to the satisfaction of the Poudre Fire Authority, the Larimer County Engineering Department, and the City of Fort Collins, before any building permits are issued for individual lots within the Timberline Industrial Park PUD; and i) No building permits will be issued within the Timberline Industrial Park until the Emergency Access is fully constructed and approved; 2) The final plat shall include a temporary cul-de-sac at the end of Donella Court; 3) The applicant shall provide barricades at the end of Donella Court and Barker Court; 4) The final design shall be based on the County's urban street design standards which include curb and gutter for all streets. Road width and all other construction details for the internal roads shall meet County Standards and be approved by Engineering. Final construction documents shall incorporate additional design criteria as recommended by the Engineering Department; 5) Participation by the applicant for improvements, as suggested by the Traffic Report and required by County Engineering, shall be made at the intersection of Timberline Road and Highway 14. The extent of the applicants' participation will be determined by the County Engineering Department at the time of final plat review; 6) The applicant shall cause to improve those portions of Summit View Drive, adjacent to the project, to a level adequate to accommodate the lots accessing the road. The applicant shall coordinate with the Larimer County Engineering Department to determine the extent of said improvements; 7) The final plat submittal shall comply with all of the requirements of the Larimer County/City of Fort Collins Intergovernmental Agreement for the UGA; 8) A Phase I Environmental Assessment shall be submitted with the final plat which identifies the environmental issues related to chemical storage on the property, proposes mitigation for these issues and is approved by the Health Department prior to final plat approval. Further, the mitigation measures shall be carried out prior to construction on the site; 9) The developer shall submit, as part of the final plat application, a fugitive dust control plan consistent with State regulations. Said plans shall be submitted to the Colorado Department of Health and Environment if the development will create more than a 25-acre contiguous disturbance or exceed six months in duration; 10) A Stormwater Management Permit may be required from the Colorado Department of Health and Environment, Water Quality Control Division. Application shall be made by the developer directly to this state agency with a copy included with the final plat application materials or a letter from the State indicating that the Permit is not required; 11) Water and sewer service commitments from the providers shall be included with the final plat; 12) Fire hydrants are required with a maximum spacing of 600 feet with required flows of 1000 gallons per minute and residual pressure of 20 p.s.i. No building may be located more than 300 feet from a fire hydrant; 13) Address numerals shall be visible from the street fronting the property through the use of 6-inch numerals on a contrasting background. This requirement shall be specified in the covenants for the project and enforced by the Home Owners' Association; 14) Utility plans shall be submitted to the applicable Utilities for review and approval. These plans shall be prepared by an engineer registered in the State of Colorado and constructed in the conformance with the City of Fort Collins specifications; 15) 15' utility easements shall be platted adjacent to all streets within or adjacent to the development; 16) The developer shall convey to the New Cache La Poudre Irrigation Company a 20 foot access ditch maintenance easement along the Lake Canal Ditch, as measured from the top of ditch bank. The applicant shall also enter into an agreement with the New Cache La Poudre Irrigation Company if there is to be outflow from the site into the Lake Canal Ditch; 17) The developer shall convey an access, ditch maintenance and utility easement along the southern side of the Lake Canal Ditch, which easement is sufficiently sized to encompass the existing ditch road; 18) All concerns of the County Engineering Department regarding drainage shall be addressed with the Final Drainage Plan, Erosion Control Plan, and Grading Plan. A system to collect and dispose of this groundwater shall be developed for the site and included with the final drainage plan; 19) Individually calculated Drainage Basin fees will be collected for each lot at the time a building permit is issued; 20) Developer shall sign a binding Annexation Agreement guaranteeing future annexation of the property into Fort Collins before the final plat is recorded; 21) A final landscape plan shall be submitted with the final plat showing the landscaping for the entry area and all open areas. Special attention shall be given to providing some buffering along the project boundary that is adjacent to the Roselawn Cemetery; 22) The applicant shall execute an agreement with the City of Greeley redefining the limitations of the Greeley Water Line right-of-way that crosses the project site; 23) No utility lines will be allowed in the Greeley Water Line right-of-way, less such utility lines are perpendicular to the existing line. The City of Greeley Water and Sewer Department shall approve and sign all utility plans for this development; 24) The following notes, as requested by the City of Greeley Water and Sewer Department, shall be noted on the Final Plat: a) In any event, there shall be no permanent structures, concrete slabs, detention ponds, fences, walls or similar obstructions in the waterline easement. There shall be no trees, other landscaping or berms greater than three feet in height at maturity allowed within the easement; b) In the event that excavation of the water main is required for maintenance or repairs, replacement or other operations, the excavation will be back filled safely by the surface restoration will not be done by the City of Greeley; 25) Standard plat notes will be required on the final plat. Larimer County Planning will provide the language for these notes; 26) The developer shall ensure that the historical irrigation ditch along the eastern property line of the existing residential properties fronting onto Summit View Drive, north of Donella Court and adjacent to the development, remain in place. If the irrigation ditch is to be modified by this development by piping it, the developer shall coordinate such changes with the adjacent property owners and provide written confirmation of their satisfaction before the final plat is recorded; 27) Uses permitted within the Timberline Industrial Park PUD shall also include those uses allowed by the City of Fort Collins in their equivalent Zoning Classification.

 

 

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 Amended Plat of Lots 42, 49 & 4, Block 5, Glen Haven Subdivision (#99-S1463) and Timberline Industrial Park Planned Unit Development and Rezoning (#97-MS1113); each, with the conditions as outlined.

Motion carried 2 - 0.

The hearing adjourned at 3:05 p.m.

TUESDAY, AUGUST 31, 1999

ADMINISTRATIVE MATTERS

(#508 @ 200)

The Board of County Commissioners met at 9:00 a.m. in regular session with Neil Gluckman, Assistant County Manager. Chair Olson presided and Commissioners Disney and Rennels were present. Also present were: Carol Block, Director of Finance; Ann Lujan, Sales Tax Administrator; Jeff Battle, Executive Director Humane Society; Steve Miller, County Assessor; Bobby Dorris, Assessor's Administrative Assistant; Larry Timm, Director of Planning; Glen Rathgeber, Deputy Director Human Services; Robert Thompson, Program Specialist Community Development; Carol Gillespie, Manager Community Development; Jill Bennett, Senior Planner; Greg Pickett, Director Parks and Open Lands; Frank Lancaster, County Manager; Donna Hart, Commissioners' Administrative Manager; and Deni LaRue, Community Information Manager. Recording Clerk, Sherry Graves.

1. OPEN SESSION FOR PUBLIC COMMENT: No one came today to address the Board during the open session for public comment.

2. APPROVAL OF MINUTES FOR WEEK OF AUGUST 16, 1999:

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners approve the Minutes for the weeks of August 16 and August 23, 1999, as submitted.

Motion carried 3 - 0.

3. APPROVAL OF SCHEDULE FOR WEEK OF SEPTEMBER 6, 1999:

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the Schedule for the week of September 6, 1999, as submitted and revised.

Motion carried 3 - 0.

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

4. APPROVAL OF CONSENT AGENDA:

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners approve the following documents and action items as listed in the Consent Agenda for Document Review on August 31, 1999:

ACTION ITEMS: Appointment of Jeanne Laudick to the Board of Adjustment, effective July 1, 1999 to June 30, 2002; Reappointment of Phil Mazur to the Board of Adjustment effective July 1, 1999 to June 30, 2002, with waiver of term limit; Appointments of Katie Stieber and Denise Zimmerle to the Extension Advisory Committee effective July 1, 1999 to June 30, 2002; Appointments of Mary Lapp And Jill Taylor to the Office on Aging Advisory Council, effective July 1, 1999 to June 30, 2002; Appointment of William Stout to the Youth Services Advisory Board, effective July 1, 1999 to June 30, 2002; Reappointments of Linda Maher, and waive of term limit and reappointments for Marv Boeding and David Johnson, each to the Youth Services Advisory Board, effective July 1, 1999 to June 30, 2002.

PETITIONS FOR ABATEMENT AND REFUND OF TAXES, as recommended by County Assessor Steve Miller, were approved for the following: Marc P. & Sue Wyman; Loren A. & Connie, Larry E. & Mary K. `Clark (2 Petitions); Linda Ann & Gary Lee Weixelman; Scott & Ann Lenart; T R G Properties, LLC (2 Petitions); Power & Communications, Inc.

MISCELLANEOUS DOCUMENTS: Personnel Authorization Requests from Employment & Training Services for a Secretary 1, an Employment Program Development Specialist 1, and an Employment Development Specialist; State Division of Housing Proposal requesting additional funds for the Larimer Homeownership Program; Amended Plat of Lots 2, 3, and 4 of the Replat of Lot 2, Cotton Willow Estates 6th Filing; Amended Plat of Lots 15 & 16 of Tract 1 in Big Elk Meadows; Thompson Ranch Minor Land Division Plat; and Administrative Policy and Procedure 310.6A regarding Employee Parking at the Courthouse in Fort Collins.

LIQUOR LICENSES: County approval for renewal of liquor licenses was granted to the Beaver Inn - 6% - Red Feather Lakes, CO.; Dunraven Inn - 6% - Estes Park, CO.; and River Forks Stage Stop - 6% - Drake, CO. Licenses were issued to Larry's Southwest Liquor - 6% - Loveland, CO.; Taharaa Mountain Lodge - 6% - Estes Park, CO.; and La Chaumiere - 6% - Lyons, CO.

A99-158 MEMORANDUM OF UNDERSTANDING BETWEEN LARIMER

COUNTY AND THE COLORADO DEPARTMENT OF LOCAL

AFFAIRS AND COLORADO STATE UNIVERSITY COOPERATIVE

EXTENSION

A99-159 EASEMENT AGREEMENT BETWEEN LARIMER COUNTY AND

THE CITIES OF FORT COLLINS AND LOVELAND AND THE

SOUTH FORT COLLINS SANITATION DISTRICT (Easement to

Install Sanitary Sewer Line)

A99-160 AGREEMENT BETWEEN THE BOARD OF COUNTY

COMMISSIONERS AND THE STATE BOARD FOR COMMUNITY

COLLEGES AND OCCUPATIONAL EDUCATION FOR THE USE &

BENEFIT OF LARIMER COUNTY EMPLOYMENT & TRAINING

SERVICES FOR THE ONE-STOP CAREER CENTER

A99-161 AGREEMENT BETWEEN THE BOARD OF COUNTY

COMMISSIONERS THROUGH EMPLOYMENT & TRAINING

SERVICES AND THE WOMEN'S CENTER OF LARIMER COUNTY

(TANF client funding for childcare resource and referral services)

A99-162 AGREEMENT BETWEEN THE BOARD OF COUNTY

COMMISSIONERS AND THE STATE BOARD FOR COMMUNITY

COLLEGES AND OCCUPATIONAL EDUCATION (Scholarship

Award for Dislocated Workers)

A99-163 INDEPENDENT CONTRACTOR AGREEMENT BETWEEN THE

BOARD OF COUNTY COMMISSIONERS AND CONCENTRA

MEDICAL CENTER (New Designated Provider)

A99-164 INDEPENDENT CONTRACTOR AGREEMENT BETWEEN THE

BOARD OF COUNTY COMMISSIONERS AND ARBOR

OCCUPATINAL MEDICINE (New Designated Provider)

A99-165 INTERGOVERNMENTAL AGREEMENT BETWEEN THE BOARD

OF COUNTY COMMISSIONERS AND THE CITIES OF FORT

COLLINS AND LOVELAND AND THE TOWN OF WINDSOR

(Regarding Annexations in the Fort Collins Cooperative Planning Area

Adjacent to Fossil Creek Reservoir)

A99-166 INTERGOVERNMENTAL AGREEMENT BETWEEN THE BOARD

OF COUNTY COMMISSINERS AND THE CITY OF FORT

COLLINS (Regarding Development in the Fort Collins Cooperative

Planning Area Adjacent to Fossil Creek Reservoir)

A99-167 LICENSE AGREEMENT FOR FOOD & BEVERAGE OPERATIONS

AT HORSETOOTH RESERVOIR BETWEEN THE BOARD OF

COUNTY COMMISSINERS AND CORDOVAS' HORSETOOTH

LIGHTHOUSE, INC. (Pursuant to MOU with Bureau of Reclamation)

 

C99-52 CONSTRUCTION CONTRACT BETWEEN THE BOARD OF

COUNTY COMMISSIONERS AND J-2 CONTRACTING CO. OF

GREELEY (Landfill Entrance Relocation - Project No. 5501)

C99-53 CONSTRUCTION CONTRACT BETWEEN THE BOARD OF

COUNTY COMMISSIONERS AND MOUNTAIN CONSTRUCTORS,

INC. (Replace Bridge No. 43-4.14-61 over North Fork of Big Thompson

River)

R99-105s FINDINGS AND RESOLUTION APPROVING THE MCCHESNEY

PRELIMINARY RURAL LAND PLAN

R99-106s FINDINGS AND RESOLUTION APPROVING THE HAWUTHA

HILLS PRELIMINARY RURAL LAND PLAN

R99-107s FINDINGS AND RESOLUTION APPROVING THE SWIFT PONDS

PRELIMINARY RURAL LAND PLAN

R99-108s FINDINGS AND RESOLUTION APPROVING THE PREELIMINARY

PHASE PLAN AND AMENDMENT TO THE PTARMIGAN P.U.D.

MASTER PLAN

R99-109s RESOLUTION FOR CONVEYANCE AND QUIT-CLAIM DEED

OF LOT 125, GLACIER VIEW MEADOWS SUBDIVISION,

12TH FILING P.U.D. TO DENNIS H. AND PAMELA L. OLSON

R99-110g RESOLUTION ESTABLISHING A TELEPHONE EXCHANGE

ACCESS FACILITY CHARGE AND A WIRELESS

COMMUNICATIONS ACCESS CHARGE FOR THE LARIMER

EMERGENCY TELEPHONE AUTHORITY EFFECTIVE

JANUARY 1, 2000

R99-111s RESOLUTION FOR CONVEYANCE AND QUIT-CLAIM DEED

OF 40 X 40 FOOT PARCEL NEAR INDIAN CREEK RANCH

TO K & J PROPERTIES, NA, INC.

R99-112g RESOLUTION TO DETERMINE ELECTION JUDGES

COMPENSATION

R99-113g RESOLUTION TO ESTABLISH EARLY VOTING HOURS

R99-114g RESOLUTION TO ESTABLISH POLLING PLACES

R99-123s RESOLUTION FOR CONVEYANCE AND QUIT-CLAIM DEED

OF EASEMENT TO JAMES AND EILEEN HUNTER

Motion carried 3 - 0.

5. INFORMATION FROM ANIMAL TASK FORCE: Mr. Lancaster stated that he attended the Animal Task Force meeting last week and was asked to report back to the Commissioners; he noted that the concern was raised that there have been changes in the proposed Land Use Code and they thought the Commissioners promised there would be no changes relating to animals. Mr. Lancaster noted that the changes are minor, either a sentence dropped or changes in grammar and syntax, and there were some additions regarding wetlands and wildlife, but they were not changes to the old code. Because of these minor changes, the Animal Task Force is recommending that the following caveat be included when the proposed land use code is adopted: "Having recognized some inconsistency between the old and new land use code regarding animal issues, the Animal Task Force recommends that the resolution adopting the new land use code include a statement that where any inconsistencies regarding animal issues exist between the old and new code, the substance of the old code will prevail. This would be in effect during the interim period between the adoption of the new code and the final disposition of the recommendations from the Animal Task Force."

Questions from the Board and discussion followed; Mr. Battle stated that there are very few inconsistencies between the old code and the new code and he noted that the Task Force was unanimous in thought that none of the disparities were intentional. The Board will discuss this recommendation with the County Attorney during Legal Matters. The Board expressed appreciation to the Animal Task Force for all their hard work and efforts.

6. DISSOLUTION OF FAIRGROUNDS AND EVENT CENTER TASK FORCE: Mr. Gluckman requested a motion from the Board to dissolve the Fairgrounds and Event Center Task Force; he noted that they have done the work they were asked to do and now will work as a Citizens Committee.

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners approve the dissolution of the Fairgrounds and Event Center Task Force.

Motion carried 3 - 0.

7. REQUEST FOR ASSESSOR'S OFFICE TO FUND DIGITAL PHOTOGRAPHY PILOT: Mr. Miller requested approval from the Board to transfer $29,000 from the personnel section of the Assessor's Office 1999 budget to operation in order to proceed with a pilot project; he noted that for the past year, they have been discussing this project with Hayes Porter Marketing Communications & Digital Photography and they prepared a proposal to take 6,000 photographs, which is less than 10% of the single family homes in Larimer County, but it is a good start. Mr. Miller stated that recently the General Assembly passed a law which requires that beginning with the 2001 reappraisal, they have to include property attributes on the Notice of Valuation and, rather than doing that in the reappraisal year, they want to do this in 2000 and this ties into their continuing efforts to get on line and have information available through the Internet. Commissioner Disney asked if Information Management Services (IMS) has reviewed this proposal as he is concerned about the ripple effect of this project and he wants IMS to sign off on this project before it is approved; the Board stated they would also like input from Budget Manager Bob Keister regarding future budget implications of this project.

8. AFFORDABLE HOUSING POLICY: Mr. Thompson and the Affordable Housing Work Group requested Board approval of a resolution creating an affordable housing policy for Larimer County Government; he noted that a work group comprised of staff from the Departments of Planning and Human Services has worked long and hard for several months developing this affordable housing policy.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the Resolution Adopting an Affordable Housing Policy, and authorize the Chair to sign same.

Motion carried 3 - 0.

R99-115g RESOLUTION ADOPTING AN AFFORDABLE HOUSING POLICY

9. WORKSESSION:

-- United Way: Mr. Gluckman noted that traditionally the Board has given a day off for the United Way representatives and he asked if they want to continue with that policy; CONSENSUS OF THE BOARD was to approve a day off from work for the Larimer County United Way representatives.

-- Parking Garage: Mr. Lancaster stated he recently met with the City of Fort Collins concerning the opening of the Parking Garage and the question arose regarding how many permits Larimer County will need and he requested direction from the Board whether or not employees are going to have to buy or partially buy the space because this will greatly effect the demand for the permits; he noted that the cost will be $36 per month and he is afraid that if we charge anything, employees won't park there. Much discussion followed and it was decided to schedule a worksession to discuss this issue and representatives from the City of Fort Collins and the DDA should attend; in the meantime, the Board directed Mr. Lancaster to send out a memo asking employees if they will use the parking garage if it is free, if it costs $10 per month, or if it costs $36 per month .

-- Request from Blue Ribbon Task Force: Mr. Gluckman noted that the Blue Ribbon Task Force for the Mental Health Center has asked for $100,000 to be transferred from their Fund Balance as a start-up for their capital for the new non-profit Mental Health Agency.

 

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners approve the transfer of $100,000 from the current Mental Health Center Fund Balance to the new private non-profit Mental Health agency.

Motion carried 3 - 0.

-- Question from Environmental Advisory Board (EAB): Mr. Gluckman stated that the EAB has asked, in terms of process, whether or not it is appropriate for a Board or Commission to appear before a public hearing to make their comments, or should they schedule a worksession with the Board or advise the Commissioner Liaison when they attend their meetings. Discussion followed; Commissioner Disney stated that he prefers their comments be submitted in writing and, if necessary, schedule a worksession.

10. COMMISSIONER REPORTS:

-- Commissioner Disney discussed the possibility of elimination of funding for Highway 14; he noted he has been trying to find out if the presentation of the North Front Range Transportation Alternatives Feasibility Study is on or off for this Thursday night at the joint meeting of the North Front Range Transportation and Air Quality Planning Council and the Upper Front Range Regional Planning Commission. Commissioner Disney stated that Senator Norton is trying to unilaterally unplug the funding after they have spent a year and a half and half a million dollars on this project.

-- Commissioner Rennels reported on the State Auditors Report regarding the $16.7 million held in suspension and noted that she has received electronic mail from the top Heads of State saying that it is finally nice to see how government is supposed to work; she noted this is going to have ramifications in every County across the entire State. Commissioner Rennels praised Ms. Block and staff for a job well done.

-- Commissioner Rennels reported on the training she attended in California last week with the Bleikers, noting it was very good and gave her some good insight.

-- Chair Olson reported that Bob Wilson is the Chair for the new non-profit Larimer Center for Mental Health; she noted that the By-Laws and Articles were approved and they will be in business by January 1, 2000.

At this time, County Attorney George Hass, Assistant County Attorneys Jeannine Haag and Nate Donovan, Steve Bell, Managing Director for Dain Rauscher, Inc.; Thomas Weihe, Bond Counsel from Kutak Rock; and Ed Volz, Director Estes Park Library, joined the meeting.

 

 

 

11. BALLOT LANGUAGE FOR NOVEMBER ELECTION:

(A) Mr. Hass submitted three distribution copies and six execution copies of the County election resolution for the Estes Valley Public Library District and requested Board approval; he noted that the election resolution is for two ballot questions - one for the bonds that the District proposes to issue and one for De-Brucing.

Mr. Volz stated that they are going to expand the present building by 4,000 sq. ft., from 13,000 sq. ft. to 17,000 sq. ft.; he noted that the building was designed ten years ago to be expanded, and he noted that they hope to remove the Library District from some of the components of the Tabor Amendment.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners adopt the County Election Resolution for the Estes Valley Public Library District, and authorize the Chair to sign same.

Motion carried 3 - 0.

R99-116g ELECTION RESOLUTION AND BALLOT LANGUAGE FOR THE

ESTES VALLEY PUBLIC LIBRARY DISTRICT

(B) Mr. Hass requested Board approval of a resolution to place on the ballot, under the Authority of Section 11, Article XVIII of the Colorado Constitution, to waive the term limits for the office of Larimer County Coroner.

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners adopt the Resolution Proposing Waiver of Term Limits for County Coroner; Calling Election; and Certifying Ballot Title, and authorize Chair to sign same.

Motion carried 3 - 0.

R99-117g RESOLUTION PROPOSING WAIVER OF TERM LIMITS FOR

COUNTY CORONER; CALLING ELECTION; CERTIFYING

BALLOT TITLE

© Mr. Hass requested Board approval of a resolution to place on the ballot, under the authority of Article 2 of Title 29, Colorado Revised Statutes (CRS), a question to add exemptions to all County Sales Taxes to be consistent with the exemptions for State Sales Tax, and in the future all exemptions that may be approved by the State.

 

 

M O T I O N

Commissioner Disney moved that the Board of County Commissioners adopt the Resolution Proposing Larimer County Sales and Use Tax Exemptions to be Consistent with State Sales and Use Tax Exemptions, and authorize the Chair to sign same.

Motion carried 3 - 0.

R99-118g RESOLUTION PROPOSING LARIMER COUNTY SALES AND USE

TAX EXEMPTIONS TO BE CONSISTENT WITH STATE SALES

AND USE TAX EXEMPTIONS; CALLING ELECTION;

CERTIFYING BALLOT TITLE

(D) Mr. Hass requested Board approval of a resolution to place on the ballot, under the authority of Section 20 of Article X of the Colorado Constitution (Tabor Amendment), and Article 1 of Title 29 of the CRS, as amended, a question authorizing waiver of the revenue and spending limits applicable to the Weed District.

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners adopt a Resolution Proposing Authorization to Collect, Retain, and to Expend Revenue in Excess of Constitutional and Statutory Limits for the Larimer County Pest Control District; Calling Election; Certifying Ballot Title, and authorize the Chair to sign same.

Motion carried 3 - 0.

R99-119g RESOLUTION PROPOSING AUTHORIZATION TO COLLECT,

RETAIN AND TO EXPEND REVENUE IN EXCESS OF

CONSTITUTIONAL AND STATUTORY LIMITS FOR THE

LARIMER COUNTY PEST CONTROL DISTRICT; CALLING

ELECTION; CERTIFYING BALLOT TITLE

(E) Mr. Hass requested Board approval of a resolution, under the authority of Section 20 of Article X of the Colorado Constitution (Tabor Amendment) and Article 1 of Title 29 of the CRS, as amended, to place before the voters a question authorizing a waiver of the spending and revenue limits of the Colorado Constitution and also the spending revenue limit encompassed by the 5.5% tax revenue growth limitation contained in CRS to waive the constitution and statutory requirements for mill levy and general revenue without increasing taxes.

 

 

 

 

 

M O T I O N

Commissioner Disney moved that the Board of County Commissioners adopt the Resolution Proposing Authorization for Larimer County to Collect, Retain and to Expend Revenue in Excess of Constitutional and Statutory Limits; Calling Election; Certifying Ballot Title, and authorize the Chair to sign same.

Motion carried 3 - 0.

R99-120g RESOLUTION PROPOSING AUTHORIZATION FOR LARIMER

COUNTY TO COLLECT, RETAIN, AND TO EXPEND REVENUE

IN EXCESS OF CONSTITUTIONAL AND STATUTORY LIMITS;

CALLING ELECTION; CERTIFYING BALLOT TITLE

(F) Mr. Hass requested Board approval of a resolution to place before the voters a question, under the authority of Article 2 of Title 29, CRS, as amended, to have a County- wide sales and use tax in the amount of .15% (excluding food, prescription drugs, and other specified items) for the Fairgrounds and Events Center. There were two options of ballot language for the Board to consider, a short version and a long version listing the contingencies for approval; after short discussion, the Board unanimously concurred with the longer version so the public will understand the contingencies for the tax to continue for 20 years.

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners adopt the Resolution describing a Proposal for the Imposition of a County-Wide Sales and Use Tax and the Issuance of Sales and Use Tax Revenue Bonds; and Referring a Ballot Issue to the 1999 General Election Ballot for the Approval of such Proposal, to include the longer version outlining the contingencies in the ballot language, and authorize the Chair to sign same.

Motion carried 3 - 0.

R99-121g RESOLUTION DESCRIBING A PROPOSAL FOR THE IMPOSITION

OF A COUNTY-WIDE SALES AND USE TAX AND THE

ISSUANCE OF SALES AND USE TAX REVENUE BONDS; AND

REFERRING A BALLOT ISSUE TO THE 1999 GENERAL

ELECTION BALLOT FOR THE APPROVAL OF SUCH PROPOSAL

(G) Mr. Hass requested Board approval of a resolution, under the authority of Article 2 of Title 19 of the CRS, as amended, to place before the voters a question concerning the extension of the existing open space sales tax and also to include an immediate authority to issue bonds and pledge revenue sales tax for repayment of those bonds. Mr. Hass stated that this is an initiative, which the County Clerk has certified, signed by five percent of the registered electors of the County.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners adopt a Resolution Describing an Initiated Measure for a Ballot Issue for the Continuation of the Existing County-Wide Open Spaces Sales and Use Tax and Authorizing the Issuance of Sales and Use Tax Revenue Bonds; and Referring such Ballot Issue to the 1999 General Election, and authorize the Chair to sign same.

Motion carried 3 - 0.

R99-122g RESOLUTION DESCRIBING AN INITIATED MEASURE FOR A

BALLOT ISSUE FOR THE CONTINUATION OF THE EXISTING

COUNTY-WIDE OPEN SPACES SALES AND USE TAX AND

AUTHORIZING THE ISSUANCE OF SALES AND USE TAX

REVENUE BONDS; AND REFERRING SUCH BALLOT ISSUE

TO THE 1999 GENERAL ELECTION

  1. LEGAL MATTERS:

At this time, Director of Planning Larry Timm, Planner II Al Kadera, and Forester Dave Lentz joined the meeting for Legal Matters.

(A) Mr. Timm discussed the recommendation regarding a statement to be included in the proposed Larimer County Land Use Code made by the Animal Task Force (that recommendation is outlined in #5 on page 9 of these Minutes). Mr. Kadera described some of the inconsistencies, which are minor, and noted that the concern of wetlands and wildlife regulations only apply to development and not to farmers and ranchers that want to keep farming and ranching. Mr. Kadera stated that the old zoning regulations were silent on wetlands and wildlife; therefore, it is not a change to the zoning regulation, because it wasn't there previously. After lengthy discussion, Mr. Lancaster suggested that the wording be added to the statement recommended by the Animal Task Force to be included in the proposed Larimer County Land Use Code that "Where the old code is silent on an issue, the new code will prevail". CONSENSUS OF THE BOARD was to approve the recommendation made by the Animal Task Force, with the statement suggested by Mr. Lancaster.

(B) Mr. Lentz discussed a memo he received from Mr. Lancaster concerning vegetation in Country Club Estates causing visual problems for a private citizen pulling out of her driveway onto a county-maintained road; he submitted pictures of the property. Mr. Lentz noted that the property is on a hill and a curve and to remedy the situation, there are 58 feet of lilac bushes that need to be removed; it was noted they are planted in the County right-of-way. Commissioner Rennels stated she drove out to view the site and noted that it is a dangerous situation; she asked if there is way to do partial mitigation. Mr. Lentz responded in the negative because the bushes are located on the hill. Discussion followed regarding drafting a policy to be retroactive to address plantings in County right-of-ways; Mr. Hass stated that this is definitely a safety hazard and creates maintenance problems and he will write a letter to the property owner and inform her that the bushes must be removed within a certain time period. The Board suggested that a worksession be scheduled to discuss a policy for plantings in right-of-ways and Mr. Lentz should attend.

The meeting recessed at 11:40 a.m.

MEETING WITH K-LYNN CAMERON, OPEN LANDS MANAGER

(#509 @ 500)

The Board of County Commissioners reconvened at 2:30 p.m. in regular session with K-Lynn Cameron, Open Lands Manager. Chair Olson presided and Commissioners Disney and Rennels were present. Also present were the following members of the Help Preserve Open Spaces Citizens Committee: Brian Werner, Linda Stanley, and Nancy Wallace. Recording Clerk, Sherry Graves.

1. Ms. Cameron stated that the members of the Help Preserve Open Spaces Citizens Committee are here today to ask for an endorsement from the Board of the "Continuation of the Help Preserve Open Spaces Sales Tax".

Mr. Werner stated that the Committee appreciates all the Board's support up to this time on this issue and now they are officially on the ballot; the Committee asked for an endorsement from the Board so they can be on their list of endorsees as they move forward with the campaign. It was noted that so far they have endorsements from most of the environmental groups, such as: Sierra Club, Friends of the Poudre, Estes Park Town Board, Poudre River Trust, Open Lands Board, etc. Ms. Cameron stated that a resolution regarding the endorsement is being prepared for the Board to sign next week during Administrative Matters.

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners approve the endorsement of the "Continuation of the Help Preserve Open Spaces Sales Tax" Initiative, as requested.

Motion carried 3 - 0.

2. Ms. Cameron stated that they are applying for a GOCO grant for a trail project at Pinewood Reservoir and requested support from the Board; she noted that this is the property that Bob Ramsey donated to the County, as well as money to develop the trail and trailhead, but it is not enough money and so they are applying to GOCO for the difference. Ms. Cameron stated that they will create a 3-mile trail loop into the property and almost all the way around the lake.

 

 

At this time the Clerk left the meeting as the action items were completed and the meeting continued for discussion of the Grand Opening on September 11th of the Devil's Backbone Nature Trail, the agricultural field trip with the Ag Task Force and Open Lands, an Executive Session for discussion of land negotiations on two properties, and the Transferable Density Unit (TDU) Program.

The meeting adjourned at 3:30 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