Loveland Bike Trail
 

PROCEEDINGS OF THE BOARD OF COUNTY COMMISSIONERS

Monday, December 13, 1999

LAND-USE PLANNING MEETING

(#557 @ 800)

The Board of County Commissioners met at 3:00 p.m. in regular session with Larry Timm, Director of Planning. Chair Olson presided and Commissioners Disney and Rennels were present. Also present were: Fred Starr, Matt Lafferty, and Carol Evans, Planners II; Rusty McDaniel, Project Engineer; Doug Ryan, Environmental Health Planner; Deni LaRue, Community Information Manager; and George Hass, County Attorney. Recording Clerk, Sherry Graves.

  1. PRESENTATION OF ENVIRONMENTAL STEWARDSHIP AWARDS:
  2. Chair Olson noted that this is the fifth year for the Environmental Stewardship Awards to be presented; she continued that the awards recognize activities by individuals, business groups, organizations, or agencies that are innovative and proactive and which demonstrate exceptional effort and concern for the stewardship of the environment.

    Today, the Larimer County Board of Commissioners presented four 1999 Environmental Stewardship Awards to the following: 1) Poudre School District River Watch Teachers and Students, nominated by Paul Radcliff, for ongoing efforts to monitor local water quality by collecting and testing water samples on the Poudre River and Spring Creek with the data to become part of a statewide water quality database maintained by the Colorado Division of Wildlife; 2) Jon Anderson, nominated by Janna Six, for his commitment to composting and community education about its benefits; Mr. Anderson gives lectures about vermiculture composting using worms and worm castings; 3) New Belgium Brewing Company, nominated by Gina Jannett, for their commitment to purchase 100% of their electric power needs for the next 10 years from wind turbine generation; 4) Help Preserve Open Spaces Citizens Group, nominated by the Larimer County Board of Commissioners, for their tremendous efforts in preserving open spaces, natural areas, wildlife habitat, parks and trails throughout the County. Each of the recipients or their representatives made brief comments and thanked the Board for their award.

    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.

  3. REZONING OF LOTS 2 & 3 OF THE AMENDED PLAT OF LOTS 2, 3, &
  4. 4 OF THE REPLAT OF LOT 2 IN COTTON WILLOW ESTATES, 6TH

    FILING (#99-Z1316): SE 1/4, SECTION 30-T08N-R69W ON COUNTY

    ROAD 54G; 13.8310 ACRES; 3 LOTS; LOTS 2 & 3 - FA-FARMING

    ZONING AND LOT 4 - R2 - RESIDENTIAL & C-COMMERCIAL ZONING

    This is a request to rezone the rear portion of Lots 2A & 3A to conform to the existing zoning in effect on the front portion of Lots 2 and 3. Staff findings are: 1) The proposed rezoning will correct a split zoning condition that was created by the amended plat approval; 2) As a condition of approval for the amended plat, the property owners agreed to this rezoning action. The Planning Commission/Staff recommendation is for approval of the request to rezone Lots 2A & 3A of the Amended Plat of Lots 2, 3 & 4 of the Replat of Lot 2 in Cotton Willow Estates, 6th Filing as the owners of Lots 2 & 3 have agreed to the request to rezone their lots from FA and R2 to FA - Farming.

  5. SWIFT ADDITION TO THE FOSSIL LAKE PUD (#99-S1417): PORTIONS
  6. OF THE NE 1/4 AND SE 1/4 OF 90-06-68, 1/4 MILE SOUTH AND 1/4 MILE EAST

    OF COUNTY ROADS 36 AND 9 AND DIRECTLY ADJACENT TO THE

    EASTERN BOUNDARY OF THE FOSSIL LAKE PUD; 55 ACRES; 72

    SINGLE FAMILY AND 46 ESTATE UNITS; FA-1 FARMING ZONING

    This request is for a Planned Unit Development Preliminary Plat to divide 55 acres into 72 single family lots, 46 Estate lots, and 5 open space lots (2.6 acres) for a single-family residential development. Staff findings include: 1) The proposed Swift Addition to the Fossil Lake PUD complies with the Larimer County Master Plan, Fossil Creek Reservoir Area Plan, and Intergovernmental Agreement and regulations. The application satisfactorily addresses the criteria for evaluation of a PUD; 2) The Larimer County Health, Engineering, Open Lands Department, City of Fort Collins, and other reviewing agencies, have reviewed this proposal and have stated their recommended conditions of approval for this project; 3) The proposal is consistent with the recommendations of the referral departments and agency reviews and comments; 4) If constructed 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; 5) If constructed as stated in the application materials, and in compliance with County regulations and conditions of approval, the proposed use complies with the technical requirements of the County.

    The Planning Commission/Staff recommendation is for approval of the Swift Addition to the Fossil Lake PUD Master Plan and Preliminary Plat, subject to the following conditions: 1) The plat of the subdivision is to be completed in strict conformance to the preliminary plat and application materials submitted as part of application file number #99-S14170; 2) Final Plat approval will be provided by Larimer County after review and approval comments by the City of Fort Collins. The final construction plans for all required improvements shall be carefully coordinated with the City of Fort Collins to insure that all technical requirements are addressed; 3) The exhibit labeled "Elimination of Neighborhood Center" shall be considered as an amendment to the preliminary plat and will replace the same area on said preliminary plat; 4) The Exhibit labeled "Dedication of Roadway for Future Connections" shall be considered as an amendment to the preliminary plat and will replace the same area on said preliminary plat; 5) The applicant shall include in the HOA covenants language informing potential lot owners in the development that dedicated right-of-ways exists along the eastern and southern portions of the project area. The notification should also note that the dedicated roadway is intended for future access to and from adjacent properties; 6) The open space area situated behind Lots 12, 13 and 14 of Block 2 (Northeast corner of the site) shall be incorporated into said lots. The final plat shall reflect that this additional area to the lots is a 'no-build area' and shall not be used for any residential buildings or accessory buildings; 7) The final construction documents for the project shall represent an 8-foot wide pedestrian pathway, and shall also illustrate enhanced crosswalks to the satisfaction of the City of Fort Collins Planning Department; 8) Final drainage, traffic, and erosion control reports shall be submitted with the final plat. Said reports shall be reviewed and approved by the City of Fort Collins and the Larimer County Engineering Departments; 9) The final plat shall not be recorded until the project site has been incorporated into the South Fort Collins Sanitation District; 10) Construction activity within the 1/4 mile Natural Resource Area will be scheduled and coordinated with the County Parks and Open Lands Department so as to limit disturbance of the wildlife during sensitive seasons. The sensitive nesting period of the herons is of particular importance in scheduling construction activity. Construction activity is defined as development improvements, such as detention areas, as well as housing construction; 11) The applicant shall install fencing along the entire southern boundary of the subject site. Said fencing shall be constructed to restrict domestic animals from crossing into the Natural Resource Area. Said fencing plan shall be reviewed and approved by the Larimer County Planning and Parks and Open Lands Departments, as well as the City of Fort Collins Natural Resources Department; 12) Final landscaping plans for the screening of the Natural Resource Area shall be reviewed and approved by the Larimer County Parks and Open Lands and the City of Fort Collins Natural Resources Department. Tree planting, as approved, shall be completed along Lot 4-9 of Block 7 to provide immediate screening value; 13) The applicant shall submit for review, by the State Geological Survey Department, a final Geotechnical Report that takes into consideration suggestions as outlined by the Geological Survey Department in their letter dated August 16, 1999. Final recommendation of the State Geological Survey Department shall be incorporated into the final construction documents and construction of residential building sites; 14) Perimeter drains shall be incorporated into the construction of dwellings; 15) Larimer County Transportation Capital Expansion Fees will be collected at the time of building permit for each new residential structure in this development. Said fee collected shall be the fee in effect at the time of building permit application; 16) Cash In-Lieu of School Fees for the Poudre R-1 School District will be collected at the time of building permit for new residential structures in this development. Said fee collected shall be the fee in effect at the time of building permit application; 17) A formal fugitive dust control plan, as may be required by the State, 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; 18) 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; 19) 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 dwelling may be located more than 800 feet from a fire hydrant; 20) 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; 21) Utility plans shall be submitted to the appropriate utility districts for review and approval. An engineer registered in the State of Colorado shall prepare these plans; 22) Utility easements, as requested by Public Service Company, shall be illustrated on the final plat; 23) Fees in Lieu of Park Land Dedication fees will be required for each new dwelling at the time it is built. Since this property is within the Growth Management Area, the UGA park fee will be charged. The fee in effect at the time a building permit is applied for will be charged; 24) Individually calculated Drainage Basin fees will be collected for each lot at the time a building permit is issued; 25) Developer shall sign a binding Annexation Agreement guaranteeing future annexation of the property into Fort Collins before the final plat is recorded; 26) Passive radon mitigation measures shall be included in construction of residential structures on these 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, shall be submitted to the Planning Department. As an alternative, a builder may present a prepaid receipt from a radon tester, which specifies that a test will be done within 30 days. A permanent Certificate of Occupancy can be issued when the prepaid receipt is submitted; 27) Engineered footings and foundations are required for new residential construction; 28) All utilities must be installed underground; 29) The following notes shall be on the Final Plat: a) Mosquitoes may be a nuisance on this property. Larimer County is not responsible for mosquito abatement and any landowner-initiated abatement activities must meet all Federal, State and local rules and regulations; b) Prairie dog colonies 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; c) There are existing agricultural activities in this area that may produce dust, odors and noise. Larimer County will not take any action to stop or hinder legal agricultural uses of nearby properties; d) There is the potential for wildlife interaction or property damage in this area. Property owners should take appropriate measures to protect property. Neither Larimer County nor the State Division of Wildlife is responsible for damage or control of wildlife.

    M O T I O N

    Commissioner Disney moved that the Board of County Commissioners adopt the staff findings and Planning Commission/Staff recommendations and approve the Rezoning of Lots 2 & 3 of the Amended Plat of Lots 2, 3, & 4 of the Replat of Lot 2, Cotton Willow Estates, 6th Filing (#99-Z1316) and the Swift Addition to the Fossil Lake PUD (#99-S1417); each, with the conditions as outlined.

    Motion carried 3 - 0.

  7. WOLF SPECIAL REVIEW (#96-ZR0943): NW 1/4 1-7-71 - 10.5 MILES

WEST OF LAPORTE, 2.5 MILES SOUTH OF RIST CANYON ROAD ON

FIRE ROUTE 11; 5 ACRES LEASED WITHIN A 40-ACRE PARCEL;

O-OPEN ZONING

This is a request for Special Review to allow a wolf-hybrid shelter/rescue facility for an unspecified number of animals. Chair Olson noted that this item was continued from a hearing on November 8, 1999. Ms. Evans briefly recapped the proceedings that have preceded today's hearing; she noted this is the third hearing on this issue. The first hearing was on October 4, 1999, at which time public testimony was taken; on November 8, 1999, the Commissioners discussed the public testimony, conditions of approval, etc.; following their discussion, they directed staff and the County Attorney to prepare revised conditions of approval for consideration today.

The staff findings are: 1) The subject property is zoned O-Open, which permits kennels if Special Review approval is granted by Larimer County. The property is located in a remote mountain area where other land uses are primarily rural residential acreages and agricultural grazing. The applicants are seeking Special Review approval for an existing operation which provides shelter/rescue services for wolf-hybrid dogs and which is also licensed by the Colorado Division of Wildlife as a facility to hold full-blooded wolves. The Board finds that this use is appropriate for Special Review as a kennel. The Board further finds that operation of the facility in accordance with the conditions stated below would be consistent with the intent and purposes of the County Master Plan and the Zoning Resolution; 2) Public comments have been received which show both support for and opposition to the proposed Special Review. Comments in support of the operation note agreement with and appreciation for the mission of the WOLF organization; some area property owners state that they have no problems or concerns with noise from the operation. Comments in opposition include concerns about noise disturbances, safety, traffic and road use, expansion of the facility, number of animals, and sanitation. Mitigation of the concerns that have been raised is possible. The mitigation's stated in the conditions below would cause the facility to be harmonious with the surrounding neighborhood, lessen adverse affects on property values and not overburden the access road; 3) The access road to the subject property is a primitive mountain access road. Additional traffic on the road will cause additional maintenance problems. Legal authority of Petitioner to use the access road for the purpose intended has been questioned. The Board should not decide that issue; 4) As the number of animals at the facility increases, so will potential impacts on surrounding properties. The increase in the number of animals will also unduly increase traffic on the road to the property; 5) The WOLF facility is licensed by the Colorado Department of Agriculture, Division of Animal Industry as a Private Animal Shelter/Animal Rescue and by the Colorado Division of Wildlife as a Wildlife Commercial Park/Wildlife Exhibitor Park; 6) The proposed development is located in a severe wildfire hazard area and has a low risk of rock fall. On-going implementation of hazard mitigation plans will reduce the hazards at this facility; 7) If operated as specified in the information/plan provided by the applicants (and as it may be modified by conditions of approval), in compliance with conditions of approval, with satisfactory maintenance of the facility's state licenses (Dept. of Agriculture, Division of Animal Industry for a Private Animal Shelter/Animal Rescue and Division of Wildlife for a Wildlife Commercial Park/Wildlife Exhibitor Park), and with satisfactory mitigation of impacts on area property and property owners, the WOLF facility should be compatible with existing uses in the area. The Special Review use should not result in negative impacts on the provision of services or transportation, on the natural environment, or to the public health, safety and welfare. If operated in compliance with conditions of approval, the proposed WOLF Special Review will be consistent with the intent of the Larimer County Zoning Resolution and the Larimer County Master Plan.

Ms. Evans submitted copies of the revised Special Review Findings and Resolution drafted by the County Attorney and staff; she reviewed the revisions. Questions from the Board followed and several more suggestions and revisions were made to the conditions.

Following the Board's discussion, the conditions of approval of the WOLF Special Review, were revised as follows: 1) The operation of the WOLF facility on parcel #17010-00-009 shall be as specified in Exhibit A of the WOLF Special Review, and as modified by conditions of approval. (Exhibit A is a copy of the application materials and subsequent information submitted by the applicant on November 19, 1996 (CTR), on June 16, 1998 (formal Special Review application), and on March 31, 1999 (response to Planning Department review comments). Any changes to the operations as specified in Exhibit A, or in conditions of approval, shall require approval by the Larimer County Board of Commissioners; 2) The total number of animals (dogs, wolf-hybrids, wolves) held at this facility shall not exceed 30 animals or such lesser number as may be imposed by another governmental agency having licensing authority over the facility. The absolute maximum number not to exceed 30. Request shall be made to the Division of Wildlife to report the number of animals present upon inspection for license renewal. The Petitioner shall have until December 13, 2000 to comply with this condition; 3) Within 60 days (unless other wise specified) of the Board of County Commissioner hearing and action to approve this Special Review, the applicants shall: a) Submit to the County Planning Department a road maintenance plan and schedule for the access road from the County Road 52E to the property which addresses the guidelines of the Rist Canyon Volunteer Fire Department (3 copies). Continued compliance with the approved maintenance plan is a condition of this approval; b) Arrange for a site inspection by the Larimer County Building Department (Code Enforcement) staff. Any necessary building permits shall be submitted as may be required by the Code enforcement staff; c) The applicant shall submit a site improvement survey of the leased 5 acres within parcel #17010-00-009. The site survey shall show the 5 acres leased area within the 40 acre parcel, along with the location of all improvements (structures, facilities, enclosures). The Petitioner shall have until December 13, 2000 to comply with this condition; 4) Implementation of mitigation plans for wildfire and geologic hazards in the area of the facility shall be the responsibility of the applicants; mitigation efforts will be an on-going process. A progress report of the phased wildfire mitigation efforts shall be submitted to the Planning Department by January 31, 2000 and annually by October 31st of each subsequent year for review by the Wildfire Safety Coordinator; 5) Applicant shall maintain all state licenses and upon renewal of state licenses from the Colorado Department of Agriculture and the Colorado Division of Wildlife for this facility; applicant shall also submit copies of the approved licenses to the Planning Department. Applicant shall maintain USDA license under the Animal Welfare Act; 6) The conditional WOLF Special Review approval is limited to the subject property and to the applicant of record (W.O.L.F.). If transfer to another organization or operator is proposed, then an application for an amended Special Review and evaluation and approval of the amendment by Larimer County may be required. If, at any time after the date of approval by the Board of County Commissioners, and after notice and opportunity for hearing, said Board determines that the subject operation has ceased for any period of three consecutive years, then this Special Review may be revoked and the approval declared null and void; 7) The operation shall be conducted in accordance with the Larimer County Noise Ordinance, and as outlined in the Noise Mitigation Plan submitted by the applicant, with the elimination of the structural mitigations; 8) The applicant shall maintain padlocks on each and every "enclosure" at all times when there is no human interaction within said "enclosures"; 9) Failure to comply with any conditions of the Special Review approval may result in reconsideration of the use and possible revocation of the approval by the Board of Commissioners; 10) The use of the access road shall be limited to vehicles of occupants of the property and persons performing daily care for the animals. This is estimated to be no more than seven round trips per day. Access by veterinarians and veterinary technicians, their employees and assistant will not be included in the above number. Such veterinary visits, excluding emergencies, are estimated to be up to six round trips no more than two times per calendar year. Substantial departure from these numbers will be cause for a hearing to terminate this use. No school, tour, or similar buses or vans shall be permitted to travel to and from the property on the access road; 11) If legal authority to use the access road is denied by a court of competent jurisdiction, this Special Review use shall terminate without further action from this Board; 12) This constitutes a site specific development plan, the approval of which triggers a vested property right pursuant to state and local law. Failure to abide by the terms and conditions will result in a forfeiture of vested property rights. This site specific development plan shall be deemed approved upon the date on which this Findings and Resolution is signed by the Chair, or Chair Pro-Tem, of the Board of County Commissioners. The Director of Planning Shall cause a notice to be published in a newspaper of general circulation in Larimer County advising the general public of this site specific development plan approval and creation of a vested property right, such publication to occur no later than 14 days after this written Findings and Resolution is signed by the Chair, or Chair Pro-Tem, of the Board of County Commissioners.

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners adopt the staff findings and staff recommendation and approve the WOLF Special Review (#96-ZR0943), with the revised conditions as outlined above, and authorize the Chair to sign the Findings and Resolution when presented for signature.

Motion carried 3 - 0.

The hearing adjourned at 3:35 p.m.

TUESDAY, DECEMBER 14, 1999

ADMINISTRATIVE MATTERS

(#560)

The Board of County Commissioners met at 9:00 a.m. in regular session with Frank Lancaster, County Manager. Chair Olson presided and Commissioners Disney and Rennels were present. Also present were: Greg Pickett, Director Parks and Open Lands; Al Kadera, Planner II; Marc Engemoen, Director of Public Works; Donna Hart, Commissioners' Office Administrative Manager; and Deni LaRue, Community Information Manager. Recording Clerk, Sherry Graves.

1. OPEN SESSION FOR PUBLIC COMMENT: Eleven persons came to address the Board during the open session for public comment regarding the proposed increase in park fees and other proposed park changes: Doug Prince, Rolan Brownlee, Gordon Woelfle, Ervin Reigles, Ken Meadows, Bill Wilson, and five unidentified persons. Mr. Prince stated that the Sport Cycle Park has not been maintained adequately and this past summer the Park was closed because of dusty conditions and neighbor's concerns; he noted that the Berthoud Track is maintained by having a water truck that is used a minimum of twice a day when dusty conditions exist and it also has a full-time maintenance person. Mr. Prince stated that the Sport Cycle Park does not have a water truck or personnel to maintain it, so any costs given do not accurately represent the actual cost of administrating or maintaining the Sport Cycle Park; he noted also that the track needs a full-time employee to monitor the cyclists. Mr. Prince asked the Commissioners to please consider these factors when considering the complete costs of running the Sport Cycle Park. Mr. Brownlee stated that he wants the Shooting Range kept open other than the time suggested of late August through October 31; he recommended that the Range Master be consulted regarding when the need is the highest and to evaluate cost factors attributed to the Range, such as maintenance, etc., until the Task Force can work out a long-range plan and possibly move the Range. Mr. Woelfle stated that some resolution needs to be made regarding the hours at the Landfill; he noted that he can hear the shooting at the Landfill where he lives. Commissioner Disney informed the group that the problem is that the County doesn't have any money to keep the Shooting Range or Sport Cycle Park open, it is not that they don't want to keep them open. The group stated that they are asking for money to sustain the Range and Park until another solution can be found. Mr. Reigles stated that he belongs to the Weld County Wildlife Shooting Range and they charge $75 a year to shoot, they have a man that lives on the Range and maintains it 365 days a year, they own their own land and pay taxes on it, they have a limited membership, and the Range is open 365 days a year, sunrise to sunset; he noted they have volunteers that come in and clean up the Range. Mr. Meadows stated that he recently talked to some of the motorcycle shops and they are concerned that with the track closing, their business will really go down; he noted that they are trying to get together to figure out if they can find someone to sponsor or take over the track, but the basic problem is the liability for the insurance. Commissioner Disney asked about the senior-citizen tax write-off program and if they could volunteer their help; Mr. Pickett responded that they have used seniors from this program in the past, but they cannot serve as Range Master and there is the concern about liability. Mr. Wilson, Centennial Bass Club, asked what is the justification for raising the park permit fees; he thinks that fees have already been raised enough and he hasn't seen that many improvements. Chair Olson informed Mr. Wilson that all this was covered in the public hearing on December 8, 1999 and he could obtain a copy of the video from that meeting to obtain his answer.

  1. APPROVAL OF MINUTES FOR WEEK OF DECEMBER 6, 1999:
  2. M O T I O N

    Commissioner Disney moved that the Board of County Commissioners approve the Minutes for the week of December 6, 1999, as submitted.

    Motion carried 3 - 0.

  3. APPROVAL OF SCHEDULE FOR WEEK OF DECEMBER 20, 1999:
  4. M O T I O N

    Commissioner Rennels moved that the Board of County Commissioners approve the Schedule for the week of December 20, 1999, as submitted.

    Motion carried 3 - 0.

  5. APPROVAL OF CONSENT AGENDA:

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the following documents as listed on the Consent Agenda for Document Review for December 14, 1999:

MISCELLANEOUS DOCUMENTS: Final Plat for the Meyer Farm Minor Land Division. LIQUOR LICENSES: County approval for renewal of liquor license was granted to: Masonville Store - 3.2% - Masonville, CO. and Waive of Hearing for CHANGE OF CORPORATE STRUCTURE for the Forks General Store, LLC. in Livermore, Colorado.

C99-72 CONTRACT ADDENDUM TO MASTER PLAN & CONCEPT

DEVELOPMENT AGREEMENT FOR THE LARIMER COUNTY

FAIRGROUNDS & EVENTS CENTER

C99-73 WELFARE TO WORK CONTRACT BETWEEN THE BOARD OF

COUNTY COMMISSIONERS AND THE STATE OF COLORADO,

ACTING BY AND THROUGH THE DEPARTMENT OF LABOR

AND EMPLOYMENT (Renewal of Contract No. 00-0199)

D99-20 BILL OF SALE FOR THE TRANSFER OF THE SENIOR NUTRITION

PROGRAM VAN, KITCHEN EQUIPMENT AND INVENTORY AND

COMPUTERS TO VOLUNTEERS OF AMERICA COLORADO

BRANCH (County Attorney deemed that a Bill of Sale is a Deed)

Motion carried 3 - 0.

5. CONTINUATION OF DISCUSSION OF PROPOSED PARK FEE AND OTHER PARK CHANGES: Mr. Pickett stated that at the public hearing last week on the proposed park fees, etc., Commissioner Rennels requested information about actual costs for keeping the Shooting Range and Sport Cycle Park open; he submitted a cost summary sheet showing the difference in revenue and expenditures: The Shooting Range had a net loss in 1999 of $10,396 and the Sport Cycle Park had a net loss of $4,806 and an anticipated $42,620 loss next year. Commissioner Disney stated that in the Planning Department, annual fees are adjusted for inflation and he asked if park fees could be adjusted each year to cover costs? Mr. Pickett responded that they would have to raise fees 20 to 40% each year to do this and that is not feasible. Commissioner Rennels stated that she reviewed the Parks budget with Budget Manager Bob Keister to try and better understand it, and it is a very complicated budget and she is not sure she can make a decision until it is clear to her. Mr. Pickett stated that for many years they have tried to simplify the budget, but they receive revenues from a multitude of sources that require them by Statute, law, etc. to account for their monies in a certain way and it is very complicated; he noted that only 6% of the budget comes from General Fund dollars. Much discussion followed and Mr. Pickett stated that he is not here to ask for money and all he is requesting today is for the Board to support some very difficult management recommendations to allow them to just get by for one more year; he noted that the increased revenue from raising fees will generate about $100,000. Commissioner Disney stated that government cannot be responsible for solving all the problems in the County because they just don't have unlimited funding and the citizens don't want their taxes increased; he noted that he supports Mr. Pickett's recommendations, knowing the impacts it is going to have, but stated that they don't have a lot of choices. He stated that he hopes the users of these facilities can find a solution. Commissioner Rennels stated she has a problem closing the Shooting Range and Sport Cycle Park when there are so many people wanting to work on a solution to keep it open; she wants to revisit the sunset date for the Sport Cycle Park, so if a solution can be found to keep it open, the closing is not set in stone.

Questions from the Board and discussion followed regarding the proposed changes; Mr. Pickett stated that one of the biggest changes is limiting the discount to seniors to Larimer County residents only. In response to a question, Mr. Pickett stated that the average visit per customer at the Shooting Range is about 3 hours and during the off season, they have reduced the number of days open per week from 3 to 2 and they charge $6 per hour.

 

 

M O T I O N

Commissioner Disney moved that the Board of County Commissioners the proposed park permit fee increases and Larimer County residential discounts, as follows: 1) Park permit price increases for 2000: a) Annual Vehicle - increase from $50 to $60; b) Annual Boat - increase from $50 to $60; c) Annual Senior - increase from $25 to $30 (Senior vehicle discount will be offered to Larimer County residents only - NO discount for out-of-county seniors; d) Camping/non-electrical - increase from $5 to $7; 2) Larimer County residents shall be offered a discount on the purchase of an annual park permit for 2000 during the months of December 1999, January 2000 and February 2000, as follows: a) Annual Vehicle - $50 ($10 discount); b) Annual Boat - $50 ($10 discount); c) Annual Senior - $25 ($5 discount); 3) The Larimer County permit for free day use for totally and permanently disabled persons shall be eliminated. The Colorado State Parks free permit for totally and permanently disabled persons will be honored for free day use at Larimer County parks, with these changes to be revisited in a year.

Motion carried 3 - 0.

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners approve the recommendation to close the Sport Cycle Park until May 1, 2000, at which time the closure will be revisited and, if at that time a private-sector group has not come forward to re-open the Park, the area will be revegetated.

Motion carried 3 - 0.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the recommendation that the Shooting Range be closed from December 18, 1999 until August 2000. Beginning in 2000, the Shooting Range annual hours of operation will be limited to hunting season, from late August through October 31. Special arrangements will be made to accommodate Hunter Education classes throughout the year.

Motion carried 3 - 0.

6. ADOPTION OF LAND USE CODE HEARING MINUTES: Mr. Kadera stated that during the review of the revisions which were made to the Land Use Code, they realized that one section was not formally adopted; he noted, however, that the Board did take action on the revisions to the revisions and they have been included in the Code. Mr. Kadera requested that the Board approve the section that was never acted upon; he noted that Ms. Haag, Assistant County Attorney, has reviewed and approved this request.

 

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners adopt the following revisions in 5.3.5 - Land Use to the Land Use Code, as requested.

Motion carried 3 - 0.

Section 5.3.5. - Land Use:

Subsection 5.3.5.A: "Land uses in a proposed Conservation Development must be: 1) Allowed by the applicable zoning district; 2) Compatible with adjacent existing or approved uses; 3) Approved by the County Commissioners; and 4) Specified in the Development Agreement." The remainder of Subsection 5.3.5 remains as presented in the Proposed Code.

Section 5.3.6.B - Uses in Residual Land:

Subsection 5.5.6.B.1: "All residual land must be maintained and remain undeveloped in perpetuity using a legal instrument such as a Development Agreement or conservation easement to set forth such conditions and restrictions, except as noted in "a" through "e" below: a) Land in a Cooperative Planning Area designated in an Intergovernmental Agreement may be developed as a Conservation Development with the residual land area designated for future development upon its inclusion in a Growth Management Area. These details must be addressed in the Development Agreement, which must be recorded and become part of the permanent record of the development approval; b) Uses in residual land are limited to such uses, accessory structures and improvements necessary for agricultural uses, or for the education, cultural, recreational or social enjoyment of the residents of the Conservation Development and their guests, and any necessary utility services, including community sewer systems, providing the coverage of all structures and improvements in the residual land does not exceed 5% of the residual land. Examples of such uses include, but are not limited to, golf courses, pools, spas, jacuzzis, children's'play areas, court and field games, walking trails, bicycle paths, picnic area, community buildings or centers, and stables or arenas. All accessory structures and improvements must be described in the Development Agreement and included in the Management Plan for the Conservation Development. Structures and improvements that count toward the 5% include barns, silos, animal shelters, corrals, equipment buildings, picnic shelters, swimming pools, tennis courts and other similar improvements; c) Those portions of residual land devoted to agricultural use may include accessory structures directly related to and necessary for the agricultural use. A Farmstead may be allowed in the residual land and, if included, counts toward the total allowed residential density in the development; d) Residual land areas containing environmentally sensitive areas or features cannot contain any structure or improvements except walkways or trails, provided such areas are determined to be appropriate for walkways or trails and they can be constructed with minimal disturbance to environmentally sensitive areas; e) The appropriateness and compatibility of accessory structures and improvements must be reviewed and considered in terms of their enhancement of the residual land.

Section 5.3.5.C - Management Plans:

  1. "All land identified as residual land in Conservation Developments must be established and maintained under the provisions of Management Plans in Section 8.10 of this Code".

7. WORKSESSION:

-- Update on Purchase of Used Loader: Mr. Lancaster provided an update on the purchase of a used loader for the Road and Bridge Department.

-- Fairgrounds and Events Center Steering Committee: Mr. Engemoen stated that the following have been chosen to serve on the Fairgrounds and Events Center Steering Committee because of their different areas of expertise in the County: Frank Lancaster, Carol Block, Bob Keister, Dave Spencer, Greg Pickett, Marc Engemoen, and Laurel Kubin. Mr. Engemoen stated that, in his opinion, the time they spend in the beginning planning how to tackle this complex, multi-faceted project will pay off in terms of the final project. Mr. Engemoen stated that the Committee thinks there are some real advantages to having a liaison from the Board also serve on this Steering Committee; Commissioner Rennels stated that she would love to be on the Committee. Commissioner Disney stated he would like to work on the transportation planning piece; it was noted that all three Commissioners are a valuable resource and will be called upon to serve on the Committee when their expertise is required.

8. COMMISSIONER REPORTS: There were no Commissioner reports today.

At this time, County Attorney George Hass joined the meeting for Legal Matters.

9. LEGAL MATTERS:

-- Mr. Hass submitted the final copy of the revised Special Review Findings and Resolution approving the Petition of W.O.L.F., as approved by the Board during the land-use hearing yesterday, and requested the Chair's signature on same.

R99-177z SPECIAL REVIEW FINDINGS AND RESOLUTION APPROVING

THE PETITION OF W.O.L.F. (WOLVES OFFERED LIFE AND

FRIENDSHIP)

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners go into Executive Session at 10:45 a.m. to discuss contract negotiations and land negotiations.

Motion carried 3 - 0.

The Executive Session ended at 11:15 a.m.; no action taken.

THURSDAY, DECEMBER 16, 1999

PUBLIC HEARING TO AMEND THE 1999 BUDGET AND

ADOPT THE PROPOSED BUDGET FOR 2000

(#561)

The Board of County Commissioners met at 2:00 p.m. for an advertised public hearing to amend the 1999 budget and adopt the 2000 budget. Chair Olson presided and Commissioner Disney was present. Commissioner Rennels was present via conference call. Also present were: Bob Keister, Budget Manager; Neil Gluckman, Assistant County Manager; and Deni LaRue, Community Information Manager. Recording Clerk, Gael Cookman.

Mr. Keister stated that the purpose of today's public hearing is to adopt resolutions to amend the current budget to reflect all changes made during the year, adopt the 2000 budget for the County, adopt resolutions for numerous general improvement districts, the Pest District and the Public Trustee, to appropriate monies for 2000, to designate ending fund balances for 2000, and to certify levies and revenue from various Larimer County taxing authorities.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners adopt the Notice and Resolution to Transfer Funds and Amend the Budget for 1999, and authorize the Chair to sign same.

Motion carried 3-0.

R99-178g NOTICE AND RESOLUTION TO TRANSFER FUNDS AND AMEND BUDGET FOR 1999

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners adopt the Resolution to Adopt the 2000 Budget, Set Levies, and Certify a Temporary Tax Credit, and authorize Chair to sign same.

Motion carried 3-0.

R99-179g RESOLUTION TO ADOPT 2000 BUDGET, SET LEVIES, AND CERTIFY A TEMPORARY TAX CREDIT

 

 

 

 

M O T I O N

Commissioner Disney moved that the Board of County Commissioners adopt the Resolutions to Adopt 2000 Budget and Set Levies for the following Larimer County Taxing Entities, and authorize Chair to sign same: Pest District; Public Trustee; GID #1 - Imperial Estates; GID #2 - Pinewood Springs; GID #4 - Carriage Hills; GID #8 - Namaqua Hills; GID #10 - Homestead; GID #11 - Meadowdale Hills; GID #12 - Club Estates; GID #13A - Red Feather; GID #14 - Little Valley; GID #15 - Skyview South; GID #16 - Kitchell Subdivision; GID #17 - Country Meadows; GID #18 - Venner Ranch Estates; GID #1991-1 - Arapahoe Pines.

Motion carried 3-0.

R99-180g RESOLUTION TO ADOPT 2000 BUDGET AND SET LEVIES FOR THE LARIMER COUNTY PEST DISTRICT

R99-181g RESOLUTION TO ADOPT 2000 BUDGET AND SET LEVIES FOR THE PUBIC TRUSTEE

R99-182g RESOLUTION TO ADOPT 2000 BUDGET AND SET LEVIES FOR GID #1 - IMPERIAL ESTATES

R99-183g RESOLUTION TO ADOPT 2000 BUDGET AND SET LEVIES FOR GID #2 - PINEWOOD SPRINGS

R99-184g RESOLUTION TO ADOPT 2000 BUDGET AND SET LEVIES FOR GID #4 - CARRIAGE HILLS

R99-185g RESOLUTION TO ADOPT 2000 BUDGET AND SET LEVIES FOR GID #8 - NAMAQUA HILLS

R99-186g RESOLUTION TO ADOPT 2000 BUDGET AND SET LEVIES FOR GID #10 - HOMESTEAD

R99-187g RESOLUTION TO ADOPT 2000 BUDGET AND SET LEVIES FOR GID #11 - MEADOWDALE HILLS

R99-188g RESOLUTION TO ADOPT 2000 BUDGET AND SET LEVIES FOR GID #12 - CLUB ESTATES

R99-189g RESOLUTION TO ADOPT 2000 BUDGET AND SET LEVIES FOR GID #13A - RED FEATHER

R99-190g RESOLUTION TO ADOPT 2000 BUDGET AND SET LEVIES FOR GID #14 - LITTLE VALLEY

R99-191g RESOLUTION TO ADOPT 2000 BUDGET AND SET LEVIES FOR GID #15 - SKYVIEW SOUTH

R99-192g RESOLUTION TO ADOPT 2000 BUDGET AND SET LEVIES FOR GID #16 - KITCHELL SUBDIVISION

R99-193g RESOLUTION TO ADOPT 2000 BUDGET AND SET LEVIES FOR GID #17 - COUNTRY MEADOWS

R99-194g RESOLUTION TO ADOPT 2000 BUDGET AND SET LEVIES FOR GID #18 - VENNER RANCH ESTATES

R99-195g RESOLUTION TO ADOPT 2000 BUDGET AND SET LEVIES FOR GID #1991-1 - ARAPAHOE PINES

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners adopt the Resolution to Appropriate Sums of Money for 2000, and authorize Chair to sign same.

Motion carried 3-0.

R99-196g RESOLUTION TO APPROPRIATE SUMS OF MONEY FOR 2000

M O T I O N

Commissioner Disney moved that the Board of County Commissioners adopt the Resolution to Designate Ending 2000 Fund Balances, and authorize Chair to sign same.

Motion carried 3-0.

R99-197g RESOLUTION TO DESIGNATE ENDING 2000 FUND BALANCES

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners adopt the Certification of Levies and Revenue for 1999, and authorize Chair to sign same.

Motion carried 3-0.

Meeting adjourned at 2:30 p.m.

________________________________________________

JIM DISNEY, CHAIR PRO-TEM LARIMER COUNTY

BOARD OF COMMISSIONERS

MYRNA J. RODENBERGER

LARIMER COUNTY CLERK & RECORDER

( S E A L )

ATTEST:

_____________________________________________

Sherry E. Graves, Deputy County Clerk

_____________________________________________

Gael M. Cookman, Deputy County Clerk

 

 

 

 

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