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PROCEEDINGS OF THE BOARD OF COUNTY COMMISSIONERS

Monday, July 10, 2000

SPECIAL MEETING OF THE

BOARD OF COUNTY COMMISSIONERS

(No Audio Available)

The Board of County Commissioners met with Frank Lancaster at 12:15 p.m., Chair Olson presided and Commissioners Disney and Rennels were present. Recording Clerk: Jean O'Connor.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners authorize the Chair to sign documents and agreements relating to the issuance of Larimer County Open Space Revenue Bonds, including the following Omnibus Certificate; Tax Compliance Certificate; Continuing Disclosure Undertaking; Paying Agent and Registrar Agreement; Rule 15C2-12 Certificate; Delivery Certificate and Cross Receipt; IRS form 8038-G; and Final Official Statement.

Motion carried 3 - 0.

LAND USE PLANNING MEETING

(#629)

The Board of County Commissioners met at 3:00 p.m. with Larry Timm, Director of Planning. Chair Olson presided and Commissioners Disney and Rennels were present. Also present were Jeannine Haag, Assistant County Attorney; Sarah Flick, Environmental Planner; Fred Starr, Planner II, Matt Lafferty, Planner II and Traci Downs, Civil Engineer. Recording Clerk: Jean O'Connor.

Chair Olson stated that the following items are consent and would not be discussed unless requested by the Board of members of the audience.

1. JOHNSON'S SUBDIVISION, LOTS 19 & 20 AMENDED PLAT: SE 1/4; 13-04-69; ON THE NORTH SIDE OF COUNTY ROAD #56, 1/2 MILE EAST OF U.S 287 AT BERTHOUD, AND DIRECTLY SOUTH OF BACON LAKE.

This is a request to adjust a north-south boundary line to an east-west alignment. This adjustment will reconfigure two long and narrow lots into lots that are more rectangular in nature. Staff findings include 1. The proposed amended plat complies with the Larimer County Land Use Code; 2. The proposed amended plat is compatible with other development in the surrounding area; 3. Approval of the amended plat will not result in any significant impacts to neighboring properties, the natural environment or the provision of services and infrastructure; 4. The amended plat will not adversely affect property values in the surrounding area. Staff recommendation is approval of the amended plat of Lots 19 and 20 within the Johnson's Subdivision subject to the following conditions 1. The applicant shall make the required technical changes to the plat as requested by the Larimer County Engineer; 2. The applicant shall provide a copy of the signed access easement agreement.

2. AMENDED PLAT OF LOTS 48, 49, 50, CRYSTAL LAKES 6TH FILING, AND TWO UTILITY EASEMENT VACATIONS: NE 1/4 OF SECTION 1, TOWNSHIP 10 NORTH, RANGE 74 WEST; LOCATED WITHIN CRYSTAL LAKES; EASTERN BOUNDARY ALONG ROOSEVELT NATIONAL FOREST

This is a request for one set of owners owns Lot 50, the other owner has Lot 48. Each set of owners has a 1/2 interest in Lot 49. Each wants to consolidate their 1.5 lots into two single, large lots, thereby eliminating Lot 49. Also, they are requesting vacation of two 30-foot utility easements located along the boundary lines between the original three lots. Staff recommendation is for approval of (a) the proposed amended plat of Lots 48, 49, and 50, Crystal Lakes 6th, File #00-S1595, and, (b) vacation of the two utility easements located along the original property boundaries between Lots 48 and 49, and Lots 49 and 50.

3. AMENDED PLAT OF LOTS 36 & 37, CRYSTAL LAKES 15TH FILING, AND, UTILITY EASEMENT VACATION: NW 1/4 SECTION OF SECTION 10, TOWNSHIP 10 NORTH, RANGE 74 WEST; LOCATED WITHIN CRYSTAL LAKES NEAR THE WESTERN BOUNDARY OF THE SUBDIVISION.

This is a request to combine Lots 36 & 37. Also requesting vacation of a 20-foot utility easement located along the original boundary line between the two Lots. Staff recommendation is for approval of (a) the proposed amended plat of Lots 36 & 37, Crystal Lakes 15th, File #00-S1597, and, (b) vacation of the utility easement located along the original property boundary between Lots 36 and 37 with the following conditions to be complied with prior to recording the plat: 1. The applicant needs to renew Permit 95-R2992 and obtain a final record of approval from the State Electrical Board, and a final building inspection for a manufactured home with propane tank located on Lot 37; 2. The applicant needs to renew Permit 98-R5563 for a detached garage on Lot 37 so that remaining inspections can be concluded; 3. There is a deck around the modular home. The applicant needs a separate building permit for the deck if the deck is either 30 inches above grade or connected to the roof of the home.

  1. AMENDMENT TO THE REAR YARD SETBACK CONDITION OF THE BERTHOUD LAKE RANCHETTES PLANNED UNIT DEVELOPMENT OF LOT 72: 11-04-69: ON THE WEST SIDE OF CR 23E, SOUTHWEST OF BERTHOUD.

This is a request to amend the conditions of approval on Lot 72, Berthoud Lake Ranchettes, to allow a reduction of the rear-yard setback from 25-feet as originally platted and approved in the Berthoud Lake Ranchettes PUD to 8-feet. Staff findings include 1. A review of this application has not identified any concerns, which would warrant denial of this request; 2. Approval of this request will not create an increase in density; 3. This lot will continue to be used for a single-family dwelling. Staff recommendation is approve the request for an amendment to the conditions of the Berthoud Lake Ranchettes Planned Unit Development for lot 72 to allow a rear yard setback of 8-feet.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve Johnson's Subdivision Lots 19 & 20 Amended Plat #00-S1584; Crystal Lakes 6th Filing, Lots 48- 50 Amended Plat and Easement Vacation #00-S1595; Crystal Lakes 15th Filing, Lots 36 & 37 Amended Plat and Easement Vacation #00-S1597; and Berthoud Lake Ranchettes Lot 72 Amended Condition of the Planned Unit Development #00-S1596.

Motion carried 3 - 0.

WEDNESDAY, JUNE 12, 2000

ADMINISTRATIVE MATTERS

(#629 & 630)

The Board of County Commissioners met at 9:00 a.m. with Frank Lancaster, County Manager; Chair Olson presided and Commissioners Disney and Rennels were present. Also present were Glen Rathgeber, Human Services; Avie Strand, Director of Community Health; Marie Kincher, Health Department; Bob Keister, County Budget Manager; Jerry White, Engineering; George Hass, County Attorney; Nate Donavan, Assistant County Attorney; Deni LaRue, Community Information Officer; and Donna Hart, Commissioner Administrative Manager. Recording Clerk: Jean O'Connor.

1. PUBLIC COMMENT: Ms. Pamela Gilsenan addressed the Board and asked when the County intended to provide assistance for her children.

Mr. Steve Erthal, Red Feather Lakes property owner, addressed the Board and stated that a County Building inspector had signed a building permit, which stated that an adjacent property owners' home had met setback requirements from the public access road. However, Mr. Erthal continued, the home is built across the access road and now he can't get to his property and does not feel he should have to pay property taxes on land he can't reach due to an error by the County. Chair Olson suggested Mr. Erthal schedule a hearing before the Board of Equalization. Mr. Erthal suggested that the County should require a landowner to provide a survey of the parcel with the building permit application. Commissioner Disney suggested the County surveyor research the parcel and access road in question and report back to Mr. Lancaster.

At 9:30 a.m. Administrative Matters recessed.

  1. SECOND READING OF ORDINANCE CONCERNING THE BAN OF OPEN FIRES AND FIREWORKS:
  2.  

    PUBLIC HEARING

    SECOND READING OF THE ORDINANCE CONCERNING THE

    BAN OF OPEN FIRES AND FIREWORKS

    (#629)

    The Board of County Commissioners met at 9:30 a.m. with Frank Lancaster; Chair Olson presided and Commissioners Disney and Rennels were present. Also present were George Hass, County Attorney; Bill Nelson, Sheriff's Office, Captain of Operations; and Deni LaRue, County Information Officer. Recording Clerk: Jean O'Connor.

    Chair Olson stated that this hearing is for the second reading of the County Ordinance concerning the Ban of Open Fires and Fireworks, but would not change the status of the current ban.

    Mr. Lancaster provided a brief background of the ordinance and the proposed changes to the ordinance allow for a ban on open fires in campgrounds and restrictions on public firework displays by requiring a qualified pyrotechnic operator and approval of the local fire authority.

    Mr. Hass stated that recent State legislation allows the Board to increase the fine imposed on violators of this ordinance, up to but not to exceed $1000. The fines assessed by an arresting law officer are graduated per offense and are discretionary by the Board.

    At this time the hearing was opened to the public. Mr. Bill Eckert, LaPorte resident and owner of Friendly Fire provided the Board with brochures of two different types of outdoor fire burning units and asked if either would be allowed under the definitions of "contained fires" or "open fires". Mr. Nelson stated that both definitions do not apply to "permanent structures" and that the outdoor fireplace would be considered permanent, therefore the ordinance is applicable, but the kettle would be in violation. However, if the Sheriff requested a ban on all fires both types would be a violation

    Ms. Shirley Miller, Drake resident, urged the Board to get serious about banning all fires and increasing fines in light of the recent Bobcat fire. Ms. Miller stated that a local resident has been having large outdoor fires recently and inquired who should be called to enforce the ban. Mr. Nelson stated that all alleged violations of the fire ban should be directed to the Sheriff's Dispatch by calling 498-5141 or by calling him direct at 498-5131.

    Mr. Leon Weise, Estes Park resident and owner of Estes Park Campground, stated that the campground has steel fire rings and should be excluded from any fire bans since very few fires area caused by campers. Mr. Weise also noted that the list provided in Section 3.1.5 should be in order of severity and that a contained fire rarely starts forest fires. Mr. Lancaster stated that the list is not in any particular order. Mr. Nelson stated that the Sheriff typically would initiate a ban, which is least restrictive then increase the severity as conditions warrant. Mr. Weise urged the Board to refrain from over-reacting and leave the ban as it is currently.

    Ms. Dorothy Lehmkuhl, Drake area resident, read a statement for the record and in summary, stated that it would be nice if ordinances like this were not necessary because people are responsible. However, with the recent fire in the area and the alleged cause, those thoughts have vanished. Ms. Lehmkuhl urged the Board to strengthen the ordinance in any way possible and to ban all fires of any type.

    Mr. James Baranovic, Cedar Springs resident, objected to the Board taking action on the new ordinance for the following reasons: 1. Two Commissioners are lame ducks; 2. By banning all fires, mountain area residents will not be able to burn their burnable trash and will be required to place packaging in trash cans, which will attract wildlife and it will only be a matter of time before the wildlife and humans or their pets clash. Residents were also promised the use of a chipper for fire mitigation, where is it; 3. Fire fighters of the recent fire left a bigger fire hazard then existed before; 4. Keep the ordinance simple- language like "fire rings are acceptable", "fire pits are a violation" is not clear; 5. The ordinance if too vague; 6. The proposed changes are a "knee jurk" reaction- the fires were on Federal land and not the result of homeowners; and 7. Where will the regulations stop- are guns next.

    Ms. Miller stated that she was told the Bobcat fire was the result of a campfire and asked if that was true. Mr. Nelson stated that the U.S. Forest Service investigated the cause of the Bobcat fire and ruled it to be the result of an escaped campfire. Ms. Miller urged the Board to take action today.

    At this time the hearing was closed to the public. Commissioner Disney stated that he spoke with the County Wildfire Coordinator, Tony Simons, and conditions are worse now then at the time of the Bobcat fire. Mr. Nelson agreed and stated the conditions are even worse than the Storm King Mountain fire and the worst he has seen in 22 years.

    Commissioner Disney stated that restrictions are based on the fire history in Larimer County and that the proposed "menu" is necessary dependant on the fire conditions. Commissioner Disney agreed that laws are written for a small percentage of irresponsible citizens.

    Commissioner Rennels noted that the Chair Olson and Commissioner Disney have seen several tragedies and disaster within the County and have reacted accordingly. Commissioner Rennels stated that prevention could not be put off until it is convenient or two new commissioners have been elected.

    Chair Olson stated the ordinance is a necessary tool for use by the Sheriff to protect Larimer County against the threat of a fire disaster.

    M O T I O N

    Commissioner Disney moved that the Board of County Commissioners approve the ordinance concerning the Ban of Open Fires and Fireworks as presented and with the following changes 1. Section 3.1- "...impose a ban upon open fires, contained open fires, and/or the use of fireworks...". 2. Section 4.1- "...who knowingly violates the open fire, contained open fire, or fireworks ban...by a fine of not more than $1000 for each separate offense". 3. Section 4.2- "...penalty assessment procedure shall be: a) $100 for the first offense; b) $250 for the second...; c) $500 for each additional ...".

    Motion carried 3 - 0.

    O00-01 ORDINANCE CONCERNING THE BAN OF OPEN FIRES, CONTAINED OPEN FIRES AND FIREWORKS

    The hearing adjourned at 10:30 a.m.

    At this time administrative matters reconvened.

  3. APPROVAL OF THE MINUTES FOR THE WEEKS OF JUNE 26 AND JULY 3, 2000:

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners approve the minutes for the weeks of June 26 and July 3, 2000 as presented.

Motion carried 3 - 0.

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

M O T I O N

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

Motion carried 3 - 0.

5. CONSENT AGENDA:

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners approve the following documents as listed on the consent agenda for document review on July 12, 2000:

PETITIONS FOR ABATEMENT: As recommended by the County Assessor, were approved for the following: Costigan; Dooley, Fox Meadows II; Gerlach; Great Western Salvage LTD; Hinesley; Roseenoff; Skurich; Walton; and People on the Go.

ACTION ITEMS: Approval of the requirement that non-compliant participants (who have had a failed intervention) be required to demonstrate 2 weeks of activities prior to the approval of financial assistant (as required by policy) rather than demonstrating one hour of activity. Approval of the changes to the Works Implementation Team Policy: increasing yearly limit from $1000 to $1,500 and expand the services provided as "guidelines" rather than limits.

A00-89 AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND PACIFIC CONSULTING SERVICES

C00-34 CONTRACT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND COULSON EXCAVATING CO.

R00-138z SPECIAL FINDINGS AND RESOLUTION APPROVING THE PETITION OF KYGER/LAFARGE PIT

R00-139s FINDINGS AND RESOLUTION APPROVING AN AMENDED PLAT AND VACATION OF UTILITY EASEMENT PINEWOOD SPRINGS 8TH FILING

R00-140z FINDINGS AND RESOLUTION APPROVING AMENDMENTS TO THE ESTES VALLEY DEVELOPMENT CODE

R00-141s FINDINGS AND RESOLUTION APPROVING THE VACATION OF EASEMENTS IN SUMMIT VIEW INDUSTRIAL PARK

R00-142z REZONING FINDINGS AND RESOLUTION APPROVING THE PETITION OF VALLEY BUSINESS PARK

R00-143s FINDINGS AND RESOLUTION APPROVING AN AMENDED PLAT AND VACATION OF UTILITY AND DRIVEWAY EASEMENTS IN CRYSTAL LAKES 9TH FILING, LOTS 96a AND 97a

R00-144z REZONING FINDINGS AND RESOLUTION APPROVING THE PETITION OF OVERLAND VALLEY

R00-145s FINDINGS AND RESOLUTION APPROVING THE PETITION OF HERON LAKE CAMPGROUND TO MODIFY CONDTION OF APPROVAL

R00-146z SPECIAL REVIEW FINDINGS AND RESOLUTION APPROVING THE PETITION OF SBA TOWERS- CSU CELL TOWER

R00-147s FINDINGS AND RESOLUTION APPROVING AN AMENDED PLAT AND VACATION OF UTILITY EAEMENT IN MEADOWDALE HILLS 2ND FILING

MISCELLANEOUS: Larimer County Hub Juvenile Assessment Center Grant and Approval of Amended Plat Tracts A & B of the Damon Berry Exemption.

LIQUOR LICENSES: The following licenses were approved: Villa Tatra- 6%- Lyons, CO; Big Thompson Canyon Volunteer Fire Department- Special Events Permit 6%- Drake, CO; Fox Acres Country Club- 6%- Red Feather Lakes, CO; J.J.'s Country Corner, Inc- 3.2%- Fort Collins, CO. The following licenses were issued: Ptarmigan Club- 6%- Fort Collins, CO; Boys & Girls Club of Larimer County- Special Events Permit 6%- Fort Collins, CO; Gateway Liquors, Inc- 6%- Loveland, CO; Dal-Rae's High Country Inn- 6%- Red Feather Lakes, CO; Forks General Store- 6%- Livermore, CO; and Forks General Store- 3.2% Off Premise- Livermore, CO.

Motion carried 3 - 0.

6. BERTHOUD BYPASS: Mr. White stated that the county is transferring land for a right-of-way to the Colorado Department of Transportation for the Berthoud Bypass.

M O T I O N

Commissioner Rennels moved that the Board of County Commissioner approve the transfer of right-of-way to the Colorado Department of Transportation and authorize the Chair to sign related documents.

Motion carried 3 - 0

A00-90 MEMORANDUM OF AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND COLORADO DEPARTMENT OF TRANSPORTATION- BERTHOUD BYPASS

R00-148g RESOLUTION FOR CONVEYANCE OF RIGHT-OF-WAY

BY THE BOARD OF COUNTY COMMISSIONERS FOR BERTHOUD BYPASS

  1. REQUEST $6,000 FUNDING FOR TEMPORARY PART TIME POSITION FOR THE VETERAN'S OFFICE: Mr. Rathgeber explained that the Veteran's
  2. Office has been short staffed for quite a while due to emergency medical leave of an employee, and asked the Board to fund a temporary part time employee for the balance of this year at a cost of $6000. Mr. Rathgeber noted that the request has been reviewed and approved by both the County Budget Manager and County Manager.

    M O T I O N

    Commissioner Disney moved that the Board of County Commissioners approve funding of $6000 for the remainder of the year 2000 from the General Fund to be used by the Veteran's Program to hire an additional part time temporary position.

    Motion carried 3 - 0.

  3. PRENATAL AND EARLY CHILDHOOD NURSE HOME VISITIATION PROGRAM: Ms. Strand stated that she has worked with the Poudre School District

for two years in applying for a grant for the David Old's Nurse Home Visitation Program, which would cover 100 first time pregnant women and the child(s) up to age two. Ms. Strand stated further that money from the tobacco litigation settlement would also be allocated to this program. The program will also require the hiring of a .5 FTE Nurse Supervisor, 4 PHN II and a .5 Secretary II.

Commissioner Disney asked why the Loveland and Estes Park school districts have not been included in the program. Ms. Kincher stated that the program will cover the Loveland District, but that the ratio comparisons of first time pregnant women in Estes Park is insignificant, at this time, to justify travel to that location.

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners Approve hiring a .5 supervisor July 15, 2000 and waive usual hiring practices; Approve immediate advertising for 4 Public Health Nurse II's, with employment to begin September 1, 2000; Approve a .5 Secretary II position to begin October 1, 2000; and Approve completion of the application to Invest in Kids for training and technical assistance from the Kempe Prevention Research Center for participation in the Prenatal and Early Childhood Nurse Home Visitation Program.

Motion carried 3 - 0.

9. PROPOSAL TO ADD A NEW POSITION TO BUDGET OFFICE: Mr. Keister requested Board approval to hire one new staff position for the Budget Office beginning August 1, 2000 at a cost of $35,027 CY2000.

Commissioner Disney stated that this request is long overdue and that counties of a similar size have several employees in the Budget Office. Chair Olson and Commissioners Rennels concurred heartily.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the funding and hiring of a new position for the Budget Office.

Motion carried 3 - 0.

10. RED FEATHER MOUNTAIN LIBRARY DISTRICT: Mr. Donavan stated that sufficient signatures have been received to place this issue on the November General Election Ballot. The resolution includes the creation of the district, a tax levy of 2.5 mills and the de-brucing of the district if approved. Much discussion ensued regarding the cost of an additional ballot question, precedence and who should bear the cost. CONSENSUS OF THE BOARD is to require the new district, if approved, to reimburse Larimer County for the cost of their portion of the election.

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners approve a resolution describing a petition to establish the Red Feather Mountain Library District by a ballot issue establishing the boundaries of such Library District, a property tax to fund the library district, authorization for the library district to collect, retain and to expend revenue in excess of constitutional and statutory limits; referring such ballot issue to the 2000 General Election; calling election and certifying ballot title.

Motion carried 3 - 0.

R00-149g RESOLUTION DESCRIBING THE PETITION TO ESTABLISH THE RED FEATHER MOUNTAIN LIBRARY DISTRICT BY A BALLOT ISSUE

11. WORKSESSION: None

12. COMMISSIONER REPORTS: Commissioner Rennels stated that funding of approximately $750,000 for the revegitation of the Bobcat Fire area has been received and will cover not only forest lands but private lands.

13. LEGAL MATTERS: None

There being no further business, the meeting adjourned at 11:30 a.m.

__________________________________

CHERYL OLSON, CHAIR LARIMER

COUNTY BOARD OF COMMISSIONERS

MYRNA RODENBERGER

LARIMER COUNTY CLERK & RECORDER

S E A L

(A T T E S T)

___________________________________

Jean M. O'Connor

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