Elk in Rocky Mountain National Park
 

PROCEEDINGS OF THE BOARD OF COUNTY COMMISSIONERS

Monday, September 6, 1999

There were no scheduled meetings today because of the Labor Day Holiday.

TUESDAY, SEPTEMBER 7, 1999

ADMINISTRATIVE MATTERS

(#510)

The Board of County Commissioners met at 9:00 a.m. in regular session with Neil Gluckman, Assistant County Manager. Chair Olson presided and Commissioner Rennels was present. Also present were: Rex Burns, Project Engineer; K-Lynn Cameron, Open Lands Manager; Linda Stanley, Randy Fischer, and Tom Keith, Members of the Help Preserve Open Spaces Citizens Committee; Ralph Jacobs, Director Human Resources; Linda Illum, Payroll Supervisor; Jim White, Government Partnership Specialist with the Denver Regional Census Center; Janelle Henderson, Director Natural Resources; Lorrie Wolfe, Grant Coordinator; Donna Hart, Commissioners' Administrative Manager; and Deni LaRue, Community Information Manager. Recording Clerk, Sherry Graves.

1. OPEN SESSION FOR PUBLIC COMMENT: Walter Glaser and Henry Hudek, property owners in the 1500 block of E. Mulberry, discussed the article in a recent edition of the Coloradoan newspaper which stated that "Strict new floodplain regulations proposed for the Poudre River would ban development and most redevelopment along the City's most precious waterway". Mr. Burns assured Mr. Glaser and Mr. Hudek that the information in the newspaper does not apply to them because their property is in the County and the existing rules won't change; however, he noted that he can't predict what the rules will be if their properties are annexed into the City but he doesn't think that will happen in the near future.

  1. APPROVAL OF MINUTES FOR WEEK OF AUGUST 30, 1999:
  2. M O T I O N

    Commissioner Rennels moved that the Board of County Commissioners approve the Minutes for the week of August 30, 1999, as submitted.

    Motion carried 2 - 0.

  3. APPROVAL OF SCHEDULE FOR WEEK OF SEPTEMBER 13, 1999:

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners approve the Schedule for the week of September 13, 1999, as submitted and revised.

Motion carried 2 - 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 action items and documents as listed on the Consent Agenda for Document Review on September 7, 1999:

ACTION ITEMS: Appointment of Clifford Riedel and John Tracy to the Office on Aging Advisory Council for a term of three years, July 1, 1999 until June 30, 2002; Personnel Authorization Requests for creation of one Mental Health Therapist position; Expansion of a Mental Health Therapist position to full time; and Expansion of a Mental Health Therapist position from .50 to .75 time.

MISCELLANEOUS DOCUMENT: Exemption/Amended Plat for Lot 4 Colland Center, 3rd Filing. LIQUOR LICENSES: County approval for renewal of liquor license was granted to the Fort Collins Country Club - 6% - Fort Collins, CO.

A99-168 AGREEMENT BETWEEN THE BOARD OF COUNTY

COMMISSIONERS AND PRINTRAK INTERNATIONAL

(Upgrade of the Current Computer Aided Dispatch System in

the Sheriff's Office to meet Year 2000 Compliance Issues)

A99-169 INTERGOVERNMENTAL AGREEMENT CONCERNING THE

NORTH DEVIL'S BACKBONE PROPERTY BETWEEN THE

BOARD OF COUNTY COMMISSIONERS AND THE CITY OF

LOVELAND

A99-170 AGREEMENT BETWEEN THE BOARD OF COUNTY

COMMISSIONERS AND THE NEW MERCER DITCH COMPANY

(Improvements to the Hollywood/Irish Stormwater Conveyance

System to alleviate frequent flooding problems in the Rostek and

Irish Green Acres Subdivisions in the West Vine Drainage Basin)

 

C99-54 ADDENDUM TO CONTRACT FOR LARIMER COUNTY PARKS

VISITOR CENTER BETWEEN THE BOARD OF COUNTY

COMMISSIONERS AND DOHN CONSTRUCTION, INC.

(Additional Funding for additional work on Parks Visitors Center)

C99-55 EXCLUSIVE RIGHT-TO-SELL LISTING CONTRACT BETWEEN

THE BOARD OF COUNTY COMMISSIONERS AND THE GROUP,

INC. (Property at 2909 S. Centennial Drive in Fort Collins, CO.)

C99-56 COMMUNITY DEVELOPMENT BLOCK GRANT SUBCONTRACT

BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND

CROSSROADS MINISTRIES OF ESTES PARK (CDBG Funds to

Purchase property for conversion to a multi-agency public facility -

Estes Park Interagency Center)

Motion carried 2 - 0.

5. RESOLUTION OF ENDORSEMENT OF OPEN SPACE INITIATIVE: Ms. Stanley read the list of endorsees from the 1995 Open Space Initiative and requested Board approval of a resolution in support of the "Help Preserve Open Spaces 1999 Continuation Initiative", which is a citizens effort to preserve open space, natural areas, wildlife habitat, parks and trails by continuing the existing 1/4 cent county-wide open space sales tax to 2018.

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners adopt the Resolution for the "Help Preserve Open Spaces 1999 Continuation Initiative", and authorize the Chair to sign same.

R99-124g RESOLUTION FOR THE "HELP PRESERVE OPEN SPACE"

1999 CONTINUATION INITIATIVE

6. PROCLAMATION OF NATIONAL PAYROLL WEEK: Ms. Illum requested Board approval of a Proclamation for National Payroll Week in Larimer County for September 13 thru 17, 1999; she noted that the American Payroll Association has launched a nationwide public awareness campaign to pay tribute to the more than 130 million people who work in the United States and the Payroll Professionals who support the American system by paying wages, reporting worker earnings and withholding federal employment taxes.

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners proclaim the week of September 13 thru 17, 1999 as National Payroll Week in Larimer County, and authorize the Chair to sign the Proclamation.

Motion carried 2 - 0.

7. 2000 CENSUS PRESENTATION AND RESOLUTION: Mr. White requested Board approval of a resolution proclaiming Census 2000 as a priority for all departments and appointed officials, and encouraging the community to place an emphasis within our jurisdiction of partnering together with the U. S. Census Bureau in achieving an accurate and complete count in Census 2000.

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners approve a resolution in support of Census 2000, and authorize the Chair to sign same.

Motion carried 2 - 0.

R99-125g RESOLUTION FOR CENSUS 2000

8. REQUEST FOR CONTRACT MODIFICATION AND APPROVAL OF ENVIRONMENTAL EDUCATION: Ms. Henderson requested Board approval of an amendment of the Recycling Center Contract to remove the requirement for the contractor to staff recycling education position and approve the creation of a new County Environmental Educator position. Ms. Henderson stated that Waste Management has agreed to amend the Recycling Center contract to eliminate the education position, allowing it to become a County position, and has agreed to credit the County approximately $15,000 per year to help fund the position; she noted that net costs to the County would be approximately $35,000 per year.

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners approve the Recycling Center Contract Amendment and authorize the creation of a new County Environmental Educator position; funds for this position to be derived from Waste Management ($15,000) and the balance from the Solid Waste Fund.

Motion carried 2 - 0.

C99-57 AMENDMENT TO RECYCLING CENTER CONTRACT BETWEEN

THE BOARD OF COUNTY COMMISSIONERS AND WASTE

MANAGEMENT OF NORTHERN COLORADO (Section 6.03(b) -

Community Outreach)

  1. WORKSESSION:
  2. -- Mr. Gluckman stated that after tomorrow's meeting with Chief Deputy Clerk & Recorder Russ Ragsdale and bank representatives regarding the use of credit cards by customers for County services, he will meet with Rep. Dorothy Gatley to try and persuade her to sponsor another credit card bill, as she did last year.

    -- Mr. Gluckman informed the Board that Administrative Matters next week will be at the Cache LaPoudre Junior High School in LaPorte.

  3. COMMISSIONER REPORTS:
  4. -- Commissioner Rennels reported that at the Colorado Counties, Inc. (CCI) meetings she attended last week, Larimer County received an applause for our State Auditor's Report.

    11. GOCO APPLICATION FOR CARRIE MARTIN SCHOOL: Ms. Wolfe requested Board approval for a letter of support and the Chair's signature on a grant application for a handicapped-accessible playground for the Carrie Martin Elementary School.

    M O T I O N

    Commissioner Rennels moved that the Board of County Commissioners approve submission of the application to Great Outdoors Colorado (GOCO) for a handicapped-accessible playground for the Carrie Martin Elementary School, and authorize the signature of the Chair on a letter of support for same.

    Motion carried 2 - 0.

  5. LEGAL MATTERS:

At this time, Assistant County Attorneys Jeannine Haag and Bryan Treu and County Engineer Mark Peterson joined the meeting for Legal Matters.

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners go into Executive Session at 10:20 a.m. to discuss legal matters.

Motion carried 2 - 0.

The Executive Session ended at 10:35 a.m.; no action taken.

LAND-USE PLANNING HEARING

(#510 @ 3000)

The Board of County Commissioners reconvened at 3:00 p.m. in regular session with Rob Helmick Senior Planner. Chair Olson presided and Commissioner Rennels was present. Also present were: Matt Lafferty, Planner II; Sylvester Mabry, Project Engineer; Doug Ryan, Environmental Health Planner; and Jeannine Haag, Assistant County Attorney. Recording Clerk, Sherry Graves.

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

  1. ROCKY MOUNTAIN DHARMA CENTER SPECIAL REVIEW AND

MASTER PLAN AMENDMENT (#98-Z1284): PORTIONS OF SECTIONS

14 AND 23, TOWNSHIP 9 NORTH, RANGE 73 WEST - ON THE

SOUTHEAST SIDE OF COUNTY ROAD 68C, 4 MILES SOUTHWEST OF

COUNTY ROAD 74E (SOUTHEAST OF RED FEATHER LAKES);

552 ACRES; O-OPEN ZONING

This is a request to amend the amended Special Review Master Plan approved in 1994 by modifying the overall layout of the retreat and consolidating buildings to form a more cohesive facility; also to modify some of the original conditions of approval. Staff findings include: 1) The proposed Rocky Mountain Dharma Center Amended Special Review is in compliance with the Comprehensive Zoning Resolution and the Land Use Plan. The application satisfactorily addresses the criteria for evaluation of Special Review uses; 2) The proposed Retreat is harmonious with the surrounding area and should not have any adverse affect on surrounding properties and their values; 3) If operated as stated in the application materials and in compliance with County regulations and conditions of approval, the proposed use should not result in negative impacts on area properties, provision of services, access and traffic, or the natural environment.

The staff recommendation is for approval of the Rocky Mountain Dharma Center Amended Special Review, with the following conditions (Note: The original conditions of approval, italicized below, are still applicable, and any modifications to existing conditions are listed in bold): 1) Applicant recognizes that the existing county roads, which serve the site, are not likely to be improved or have expanded maintenance as a result of traffic related to the Dharma Center, unless funded by the applicant; 2) Applicant must comply with all requirements of the County Emergency Services Division regarding water supply, installation of a dry hydrant and internal access improvements; these must be accomplished prior to the issuance of any additional building permits; 3) Use of the crematorium shall be limited to those associated with the Rocky Mountain Dharma Center, and not available to the general public; 4) Maximum summertime population shall be 350, plus up to 60 children at the 10 day summer camp program; maximum winter population shall be 150. At such a time as all improvements proposed in Phase I are completed, the maximum summer population may be increased to 450. The County Health Department must also approve all increases to summertime or wintertime populations; 5) Compliance with all requirements of the County Health Department recommendations, as noted in the memos from Doug Ryan, dated January 14, 1999 and June 1, 1999, and listed below: a) A maximum of eight cremations per year, as described in Appendix 1 of the Special Review Application, may be conducted on site provided that an open burning permit has been obtained from the Department of Health and Environment; b) The County Wildfire Safety Coordinator, the Fire Marshall, and the Forest Service, prior to performing cremations, shall approve a fire protection plan; c) If the County receives complaints about smoke or odors, cremations must stop upon receipt of a written notice from County Planning or Health Environment Department Staff; d) Prior to construction of new participant housing facilities, the Colorado Wastewater Discharge Permit shall be modified to address the organic and hydraulic capacity issues, as required in the permit issued on April 8, 1997, and the new proposal to include land application of effluent; e) The operations and maintenance manual for the sewer systems shall be completed prior to construction of new facilities; f) A phasing plan shall be submitted by the applicant, and approved by the County Health Department, to ensure that food service facilities, and dormitory and staff housing are coordinated throughout the construction project; 6) A conservation agreement or easement shall be developed in coordination with Larimer County Planning Department, with the intent of identifying and protecting the aesthetic and ecological values on the area, which is not proposed for development under the present plan. The easement shall specify any restrictions on use of the protected area, as agreed upon by the applicant and the County Planning Department. Said conservation easement shall be approved and recorded prior to issuance of any building permits for the second phase; 7) Applicant shall cooperate with the U. S. Forest Service in developing rules or guidelines regarding pets. Applicant shall obtain any required permits from the Forest Service for use of USFS trails; 8) Prior to disturbance of any wetland area, applicant shall obtain any required permits from the Army Corps of Engineers; 9) The final location of the open pyre crematory site shall be approved and inspected by the Larimer County Wildfire Safety Coordinator, and shall include defensible spaces from wildfire; 10) Operation of the Rocky Mountain Dharma Center Amended Special Review shall be as specified in Exhibit A of the Rocky Mountain Dharma Amended Special Review (File #98-ZR1284), and as modified by conditions of approval. Exhibit A is a copy of the application and subsequent information submitted by the applicant. Any changes to the operations as specified in Exhibit A, or in conditions of approval, would require review and approval by Larimer County.

2. STREET NAME CHANGE, MT. VAN HOVENBERG COURT TO

SNOWY RANGE COURT (#99-S1467): 36-09-72 IN GLACIER VIEW

MEADOWS, 12TH FILING

This is a request to rename Mr. Van Hovenberg Court to Snowy Range Court. Staff findings are: 1) The affect lots are currently undeveloped or would not be affected by the proposed street name change; 2) No objections to the proposed application or names proposed were received; 3) The County Health and Engineering Department, and all utility and emergency service providers in this area, reviewed the proposed street name changes and stated no objections.

The staff recommendation is for approval of the request to change the street name, as requested, from Mt. Hovenberg Ct., as platted by the Glacier View Meadows, 12th Filing, to Snowy Range Court, subject to the following conditions: 1) The applicants shall be responsible for creation and installation of new street name signs in the affected area; 2) Any street sign proposed to be installed, is subject to approval by Larimer County.

 

 

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners adopt the staff findings and staff recommendations and approve the Rocky Mountain Dharma Center Special Review and Master Plan Amendment (#98-Z1284) and the Street Name Change of Mt. Van Hovenberg Court to Snowy Range Court (#99-S1467); each, with the conditions as outlined.

Motion carried 2 - 0.

The hearing adjourned at 3:05 p.m.

WEDNESDAY, SEPTEMBER 8, 1999

DEMIRANVILLE ZONING VIOLATION

(# 511)

Commissioner Rennels met at 10:30 a.m. with Assistant County Attorney Jeannine Haag in order to try and resolve the DeMiranville Zoning Violation. Chair Olson and Commissioner Disney were not in attendance. Also present were: John Pedas, Code Enforcement Officer; Tom Gorton, Chief Building Inspector; Candice Phippen, Building Code Compliance Officer; Ron Gonzales, Poudre Fire Authority; and property owners Lynn and JoAnn DeMiranville. Recording Clerk: Gael Cookman.

Commissioner Rennels explained the purpose of this meeting was to try and resolve the zoning violation that the DeMiranville's inherited when they purchased their property and auto repair business from Mr. Viney. She noted that the DeMiranville's are not happy with the way the process has progressed and that, in their opinion, there seems to be inconsistency on the part of the County Planning and Building staff documentation. Commissioner Rennels stated that she felt that the best way to approach this situation is to determine where to go from here, rather than dwell on what has happened in the past; she asked the Building staff to explain what steps the DeMiranville's would have to take in order to rectify the zoning violation.

Ms. Phippen presented the DeMiranville's with a letter that outlined the seven steps that would need to be completed before they would be in compliance; she also explained that they would have to reinstate the Special Exception Resolution and comply with the items that were outlined in this resolution. The DeMiranville's explained that they have completed six of the seven items listed in the letter, but the seventh item, which pertains to installing a fire hydrant near their property, is of concern to them because they feel there are more conditions attached to this item that are listed in the Resolution that allowed the Special Exception Variance. Mr. Gonzales explained the need for the fire hydrant is crucial because Mr. DeMiranville is now welding on the premises; he noted that welding creates sparks and a greater potential for fire to occur. Mr. DeMiranville explained that he was not opposed to installing the fire hydrant, but once he applies for the permit to do so, then he will also be required to comply with a host of other issues listed pertaining to the construction of his two offices that the Building Department has also found to be inadequate. Mrs. DeMiranville explained that they could not financially complete everything that would be necessary due to the time constraints of the permit; therefore, they have not pulled any permits or started any work.

Mr. Gorton explained that the flooring of the two offices on the premises were constructed with untreated wood and then placed right on the ground; he noted that the floor will eventually rot away if not replaced with treated wood and elevated off the ground. Mr. Gorton also explained that the rafters were constructed with material that will accommodate a 20 pound snow load and Larimer County's code calls for material that will withstand a 30 pound snow load. Finally, Mr. Gorton noted that some electrical work may also be required. Mr. DeMiranville noted that part of the problem was that the first Special Exception Resolution that covered these items was too vague. Ms. Phippen stated that they have reworded the resolution to be more specific and that the revised resolution was presented to the DeMiranville's in the memorandum dated August 6, 1999.

Some discussion ensued as to whether the DeMiranville's would be able to comply with the items and if so, how long would they be allowed to come into compliance. The DeMiranville's stated that they still feel that the County had a bigger part in this and that the County should have informed them about the zoning violation prior to their purchasing the property from Mr. Viney. The DeMiranville's explained that they would like to have more time to review the letter and discuss it with their lawyer before they make a decision. They requested to meet with Commissioner Rennels and staff again in two weeks. The next meeting to discuss this issue will be held on Wednesday, September 22, 1999, at 10:30 a.m.

Meeting adjourned at 11:15 a.m.

___________________________________________

CHERYL OLSON, CHAIR LARIMER COUNTY

BOARD OF COMMISSIONERS

MYRNA J. RODENBERGER

LARIMER COUNTY CLERK & RECORDER

( S E A L )

 

_________________________________

Sherry E. Graves, Deputy County Clerk

 

_________________________________

Gael M. Cookman, Deputy County Clerk

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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