PROCEEDINGS OF THE BOARD OF COUNTY COMMISSIONERS

Monday, April 10, 2000

LAND USE PLANNING HEARING

(#591 B @ 40)

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 Sarah Flick, Environmental Planner, Matt Lafferty, Planner II, Jim Reidhead, director of the Rural Land Use Center; and Sylvester Mabry, Civil Engineer. Recording Clerk: Jean O'Connor.

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

  1. HEART-J TRAIL STREET NAME CHANGE #00-S1546: 13 & 14-05-70; LOCATED 1 1/2 MILES SOUTH OF US HWY 34 ON COUNTY ROAD 29 (EAST SIDE).

To change street name in Big Valley Homesteads R.L.U.P. 97-EX1087 from Jessup Trail to Heart-J Trail. Staff findings include: Unique street names are important and needed to accommodate addressing of each dwelling. Changing the name of the street to the proposed Heart-J Trail does not create concerns to emergency providers or utility providers. No objections or concerns were received to this proposal. Staff recommendation is approval of the request to change the street name from Jessup Trail to Heart-J Trail with the following condition: 1. The applicant shall be responsible for installing a street name sign at the intersection of County Road 29 and Heart-J Trail.

2. FEIT FAMILY TRUST NO. 1 -- FIRST MINOR LAND DIVISION #00-S1544: NW 1/4 OF SECTION 1, TOWNSHIP 7 NORTH, RANGE 68 WEST: LOCATED ON THE East Side OF COUNTY ROAD 3, ABOUT 1/2 MILE NORTH OF THE INTERSECTION OF COUNTY ROADS 48 & 3.

Minor Land Division to divide a 158 acre parcel with an existing house and six outbuildings into 2 lots of 5.9859 acres (for the house and outbuildings) and 151.9985 acres of agricultural land. Staff findings include the proposed Feit Family Trust No. 1 -- First Minor Land Division complies with the Review Criteria for Minor Land Divisions as contained in Section 5.4.3 of the Larimer County Land Use Code. Staff recommendation is approval of the Feit Family Trust No. 1 -- First Minor Land Division File #00-S1544 with the condition that development of the vacant lot must be approved through the appropriate Subdivision or Conservation Development Process.

3. FEIT FAMILY TRUST NO. 1 -- SECOND MINOR LAND DIVISION #00-S1545; SW 1/4 OF SECTION 1, TOWNSHIP 7 NORTH, RANGE 68 WEST: LOCATED AT THE NORTHEASTERN CORNER OF THE INTERSECTION OF COUNTY ROADS 48 & 3.

Minor Land Division to divide a 160 acre parcel with an existing house and barn into 2 lots of 5.8111 acres (house and barn) and 154.4805 acres of agricultural land. Staff findings include the proposed Feit Family Trust No. 1 -- Second Minor Land Division complies with the Review Criteria for Minor Land Divisions as contained in Section 5.4.3 of the Land Use Code. Staff recommendation is approval of the Feit Family Trust No. 1 -- Second Minor Land Division File #00-S1545 with the condition that development of the vacant lot must be approved through the appropriate Subdivision, Conservation Development or Planned Development Process.

  1. PRAIRIE TRAILS PUD AMENDED PLAT OF LOT 1 BLOCK 1 AND TRACT J #00-S1548; 29-05-69; LOT 1 BLOCK 1 OF PRAIRIE TRAILS PUD ADJACENT TO THE SOUTHSIDE DITCH, OFF OF SINGLETREE DR.

To amend the plat of Prairie Trails PUD to add Tract J to Lot 1 Block 1. Staff recommendation is that the request meets the requirements of the Larimer County Land Use Code and would therefore recommend the Board of County Commissioners approve the proposed amended plat of Lot 1 Block and Tract J of the Prairie Trails PUD, file # 00-S1548.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the Heart-J Trail Street Name Changes #00-S1546; Feit First Minor Land Division #00-S1544; Feit Second Minor Land Division #00-S1545; and Prairie Trails Amended Plat of Lot 1, Block 1 #00-S1548 with conditions outlined above.

Motion carried 3 - 0.

There being no further business, the hearing was adjourned at 3:05 p.m.

TUESDAY, APRIL 11, 2000

ADMINISTRATIVE MATTERS

(#591 B @ 45, 592 & 593 @ 40)

The Board of County Commissioners met in regular session at 9:00 a.m. with County Manager Frank Lancaster; Chair Olson presided and Commissioners Disney and Rennels were present. Also present were Anne Keire, Human Resources Child Care Supervisor; Linda Fellion, Child Care Resource & Referral with the Womens Center; Debbie Santiago, Director of Young Child Center; Tony Simons, Wildfire Safety Coordinator; Marc Engemoen, Director of Public Works; Mark Peterson, County Engineer; Rusty McDaniel, Project Engineer; Jerry Blehm, Director of Environmental Health; Doug Ryan, Environmental Planner; Laura Stone, Executive Director of the Larimer Land Trust; K-Lynn Cameron, Open Lands Manager; George Hass, County Attorney; Jeannine Haag, Assistant County Attorney; Nate Donavan, Assistant County Attorney; Larry Timm, Director of Planning; and Fred Starr, Planner II. Recording Clerk: Jean O'Connor.

  1. PUBLIC COMMENT: No one appeared to address the Board during open session for public comment.

2. RECOGNITION FOR THE STRYKER SHORT FOUNDATION: Ms. Cameron introduced Beth Juday and Tommy and Pat Short from the foundation and stated the Stryker Short Foundation has awarded the Larimer County Open Lands Program a $200,000 grant for the expansion of the Devil's Backbone Nature Trail. The Board presented the Foundation with a picture of the Devil's Backbone and acknowledged the tremendous appreciation Larimer County has for the Foundation and their contributions.

3. APPROVAL OF THE MINUTES FOR THE WEEK OF APRIL 3, 2000:

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the minutes for the week of April 3, 2000 as submitted.

Motion carried 3 - 0.

4. APPROVAL OF THE SCHEDULE FOR THE WEEK OF APRIL 17, 2000:

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners approve the schedule for the week of April 17, 2000 as amended.

Motion carried 3 - 0.

 

5. APPROVAL OF THE CONSENT AGENDA:

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the following Petitions for Abatement and documents as listed on the consent agenda for April 11, 2000:

ACTION ITEMS:

Request for the re-categorization of the Risk Manager from a Category 415.B.2 classified Employee to a Category 415.B.1 Appointed County Official effective May 1, 2000.

PETITIONS FOR ABATEMENT, as recommended by the County Assessor, were approved for the following: Alpine Vista Assoc.; Troy & Claudia Cartee; Circle Ranches; Daniel & Angeleah Clark; Phillip & Monica Coles; Randall & Elizabeth Erickson; Hollis & Elmarie Frank; Florence Griffith; Harold Hawley; Wayne Hayden; Bruce & Kimberly Johnson; Anthony & Anita Judish and Pamela Standen; Edward & Jane Ketterer; Ronald & Christy Metz; Steven & Lydia Louscher; Gary & Kathleen Muhlenbruck; Brian Mullen; Robert Peterson; Tearle & Lola Riley; Matthias & Karoline Schnizer; Michael & Jane Stanislaw; Michael & Dianna Steffenson; Craig & Carolyn Willard; Kenneth Woelfle; Freedom Insurance SVSC; and Angela Harvey.

A00-52 ADDENDUM TO CABLING SYSTEM AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS OF LARIMER COUNTY AND COMTEL TECHNOLOGY, INC

A00-53 LEASE AGREEMENT AMENDMENT #1 BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND GB VENTURES

C00-14 FIRST CONTRACT ADDENDUM BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND ROD AULT dba ROD'S ROADS- DISTRICT 14

C00-15 FIRST CONTRACT ADDENDUM BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND ROD AULT dba ROD'S ROADS- DISTRICT 4

R00-84s FINDINGS AND RESOLUTION APPROVING THE LEVI ACRES SUBDIVISION PRELIMINARY PLAT

R00-85s RESOLUTION REGARDING RELEASE OF COLLATERAL FOR SUBDIVISION FOR STANTON BRIDGE PUD

R00-86z RESOLUTION CERTIFYING THE ADOPTED LARIMER COUNTY LAND USE CODE TO THE LARIMER COUNTY CLERK AND RECORDER

MISCELLANEOUS DOCUMENTS:

Glen Haven Amended Plat for Portion of Block 11 & 12; Amended Plat of Tracts A & B, Dilo Minor Land Development #97-EX0994; OFP Development Minor Land Division #99-S1526 and Certification of Completion to close out FEMA Grant.

LIQUOR LICENSES:

Licenses were approved Fort Namaqua Wine & Sprits- Loveland, CO- 6%; Pot Belly Restaurant & Lounge- Red Feather Lakes, CO- 6%; Red Feather Lakes Library Foundation Special Events Permit- Red Feather Lakes, CO- 6%; and Poudre Valley Hospital Foundation Special Events Permit- Fort Collins, CO- 3.2%. Licenses were issued to Classic Catering- Fort Collins, CO- 6% and Sox & Cubs Pizza & Subs, Fort Collins, CO- 6%.

Motion carried 3 - 0.

6. PROCLAMATION FOR THE WEEK OF THE YOUNG CHILD: Ms. Keire stated that the Week of the Young Child supports activities to educate the public regarding children's need and early childhood education. Ms. Keire asked the Board to proclaim the week of April 9 - 15, 2000 as the Week of the Young Child. Commissioner Rennels read the proclamation for the record.

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners declare the week of April 9 - 15, 2000 as the Week of the Young Child.

Motion carried 3 - 0.

7. PROCLAMATION FOR COLORADO SEVERE WEATHER AND WILDFIRE AWARENESS WEEK: Mr. Simons stated that Larimer County was extremely dry for this time of year and presented the Board with a proclamation declaring the week of April 9 - 15, 2000 as Colorado Severe Weather and Wildfire Awareness Week. Commissioner Rennels read the proclamation for the record. Commissioner Disney suggested Mr. Simon work in conjunction with the Estes Valley Improvement Association (EVIA) in educational efforts regarding defensible space and noxious weeds since the EVIA was starting a noxious weed awareness campaign.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners declare the week of April 9 - 15, 2000 as Colorado Severe Weather and Wildfire Awareness Week.

Motion carried 3 - 0.

Mr. Simons provided the Board with an update regarding the "Chipper Grant Program" stating that groups of citizens and Fire Departments are showing interest in the project. The initialfocus of the project is in areas where citizens or neighborhoods express the most interest. Commissioner Disney asked what happens to the chips. Mr. Simons replied that the hope was for homeowners to use the chips as mulch around their yards as opposed to putting the chips in the landfill.

  1. COUNTY'S ROLE IN STATE AIR POLLUTION PERMIT REVIEW: Mr. Blehm asked the Board for policy direction in determining the role of the Environmental Advisory Board (EAB) in the State Health Department's public comment process for air emission permits. Mr. Ryan stated the Board could consider a couple options: 1. Advice from the EAB can be seen as representative of informed citizens with an active interest in environmental protection and varied background knowledge; or 2. If the EAB provides comments, the Board could either take no action or forward the comments to the Air Pollution Control Division as a citizen advisory board recommendation with no formal position by the Board. Commissioner Disney stated that he had met with the EAB and knows they are very interested in the recent permit applications, but was not sure the County should take any official position since this is a State process. Commissioner Disney further explained that it would be difficult for Larimer County to make any recommendation to the State when the EAB members are not technically or scientifically qualified to make recommendations. Mr. Blehm stated that the County had limited expertise in this area, and has always deferred to the State. The County does monitor situations and keeps the State informed, but it is the State who is responsible for enforcing the requirements of the permit for which they issued. Mr. Blehm stated that he was comfortable with making a recommendation to the State for the public comment process but not an official statement. CONCENSUS OF THE BOARD was for EAB to provide comments to Mr. Ryan and Mr. Ryan; if appropriate, could utilize that feedback in his comments to the State with respect to monitoring.
  2. COMMISSIONER REPORTS: Commissioner Rennels distributed a letter from Senator Allard regarding funding for a truck by-pass and stated that she already received letters from Senator Nighthorse Campbell and Congressman Schaffer. Commissioner Rennels also stated that she had been to Washington, D.C. in an effort to reclaim PILT dollars from congress, which were allocated but not received, as payment in lieu of taxes for Federal lands within Larimer County.

Chair Olson stated that the County had received official notification regarding the privatization of the Larimer Center for Mental Health.

10. PARRISH RANCH CONSERVATION AND TRAIL PROJECT: Ms. Cameron stated that 428-acres of the Parrish Ranch in southern Larimer County is being preserved through a partnership that includes the Larimer Land Trust, Larimer County, the Town of Berthoud, Great Outdoors Colorado (GOCO) and private contributions. Of the 428-acres, 70-acres will be preserved through a conservation easement and building restrictions for two home sites. Ms. Cameron requested approval for the expenditure of $286,500 from the Open Lands Program for the Parrish Ranch Conservation and Trail Project.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the resolution authorizing the Board to sign two contracts for the purchase of a portion of the Parrish Ranch upon final County Attorney approval.

Motion carried 3 - 0.

R00-87g RESOLUTION TO AUTHORIZE THE BOARD OF COUNTY COMMISSIONERS TO PURCHASE A PORTION OF THE JESSE L. AND DONNA L. PARRISH RANCH WITH CONTINGENCIES

C00-16 CONTRACT TO PURCHASE 240-ACRES OF THE PARRISH RANCH

C00-17 CONTRACT TO PURCHASE 118-ACRES OF THE PARRISH RANCH

11. WORKSESSION: Mr. Lancaster stated that the EAB was requesting Board support for an EAB recommended to Great Outdoors Colorado (GOCO) asking GOCO to support a grant to help fund a Fossil Creek Reservoir area open lands purchase. CONCENSUS OF THE BOARD was for EAB to submit their recommendation as part of the packet, which will be officially submitted through Ms. Cameron and the Open Lands Department.

Mr. Lancaster informed the Board that the Sheriff has entered into a contract with Colorado State University for a Computer Generated Dispatch Systems and that this would save taxpayer dollars and be more efficient since CSU and the County enforcement districts overlap in several areas of the county.

12. DISCUSSION OF IMPACT FEES FOR ESTES HYDRO PLANT AND HOW TO DEAL WITH REQUEST FOR WAIVERS OR REDUCTIONS IN TRANSPORTATION CAPITAL EXPANSION FEES FOR GOVERNMENT/ QUASI-GOVERNMENT FACILITIES. Mr. McDaniel stated that the Town of Estes Park was transforming the old hydro plant into a museum, which would not generate much traffic other than upon occasion, local grade schools, and wanted a reductioin in impact fees or the fees waived. After much discussion with the Town, it seems the Town wants to preserve the historic building. Mr. Engemoen suggested, and if the Board agrees, that the Engineering Department continue negotiating with the Town for an equitable solution, and suggested a potential outcome could be to assess the plant the same impact fee as a single family home. CONCENSUS OF THE BOARD was to continue discussions with the Town and that some fee must be assessed otherwise the action could be precident setting for "wish list" projects by other municipalities.

Mr. Engemoen asked the Board what is meant by growth-related impacts. The Board stated that service providers, who expand or build as a result of growth, would be considered for exemption. After much discussion regarding the definition of a service provider i.e.: fire station, restaurant, etc., Mr. Lancaster suggested that basic infrastructure services, which expand or build as a result of growth, could be considered for exemption. CONCENSUS OF THE BOARD was that basic infrastructure services, which expand or build as a result of growth, could be considered for exemption.

Mr. Engemoen informed the Board the Engineering Department had established a policy regarding the assessment of impact fees, with respect to gravel/mining operations. This policy was established after reviewing of the first application since impact fees were adopted and the difficuly the department had in determining those fees. He further noted the Board might hear from recent applicants regarding this policy.

13. LEGAL MATTERS: At this time Commissioner Disney excused himself from the meeting for another obligation. Ms. Haag reminded the Board of a previous discussion in which the City of Fort Collins had requested final authority over any modifications to the jointly adopted Fossil Creek Reservoir Area Plan and that she and Commissioner Disney had met with the City's Growth Management Committee to discuss the issue. Ms. Haag further stated that all attempts to compromise a solution had failed. The position of the committee was that the adopted intergovernmental agreement states that Larimer County will abide by all regulations and that the County is not authorized to change adopted City regulations. CONCENSUS OF THE BOARD was to arrange a meeting with Fort Collins City Council, Board of County Commissioners and attorneys.

14. EXECUTIVE SESSION:

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners go into Executive Session at 11:15 a.m. to obtain confidential legal advice.

Motion carried 2 - 0.

Executive session ended at 11:40; no action taken.

____________________________________

CHERYL OLSON, CHAIR LARIMER COUNTY BOARD OF COUNTY COMMISSIONERS

MYRNA RODENBERGER

LARIMER COUNTY CLERK AND RECORDER

(S E A L)

ATTEST:

______________________________________

Jean M. O'Connor, Deputy County Clerk