PROCEEDINGS OF THE BOARD OF COUNTY COMMISSIONERS

Monday, July 17, 2000

LAND USE MEETING

(#630 & 631)

The Board of County Commissioners met with Larry Timm, Director of Planning at 3:00 p.m.; Chair Olson Presided and Commissioners Disney and Rennels were present. Also present were Jim Reidhead, Rural Land Use Director; Dave Shirk, Planner II Estes Valley; Matt Lafferty, Planner II; Sean Wheeler, Planner II; Claudia DeLude, Code Enforcement Officer; Traci Downs, Civil Engineer; Doug Ryan, Environmental Planner; and Jeannine Haag, Assistant County Attorney.

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

Mr. Wheeler asked to have item 4 removed for a minor change; Mr. Lafferty asked to have item 2 removed and a member of the audience asked to remove item 3. Chair Olson stated the only item remaining on consent is item 1.

  1. AMENDED PLAT OF LOTS 4 AND 5, HIGH DRIVE HEIGHTS SUBDIVISION: 700 LARKSPUR ROAD, WITHIN UNINCORPORATED ESTES VALLEY.
  2. This is a request to combine the two lots described into a single lot of record. No additional lots are being created. Staff findings are that this proposal falls within the category of a "Minor Subdivision", and satisfies the general requirements set forth in the subdivision and zoning standards. Staff recommendation for approval of this request.

    M O T I O N

    Commissioner Rennels moved that the Board of County Commissioners approve High Drive Heights Lots 4 & 5 Amended Plat as presented.

    Motion carried 3 - 0.

  3. MULBERRY COMMERCIAL PARK CONDOMINIUMS - SUPPLEMENT 1: NE 1/4, 17-07-68; MORE SPECIFICALLY LOCATED ON THE SOUTH SIDE OF HIGHWAY 14 AND THE EASE SIDE OF COUNTRY SIDE DRIVE.

This is a request to condominiumize the building additions to the Mulberry Commercial Park into 45 additional commercial use lots. Staff findings include 1. The proposed Condominium Plat is in compliance with the Larimer County Master Plan and the Larimer County Zoning LandUse Code; 2. The Condominiumization is compatible with other development in the surrounding area; 3. Approval of the Condominium will not result in any significant impacts to neighboring properties, the natural environment, or the provision of services and infrastructure; 4. Property values in the surrounding area would not be adversely affected by the Condominiumization; 5. Maintenance of the building, parking lot, landscaping and other common areas will be the responsibility of the property owners association, pursuant to the declaration of covenants; 6. No condo units may be sold in Supplement #1 until a certificate of occupancy has been issued for the shell unit. Staff recommendation is approval of 00-S1598 - Condominiumization of the Mulberry Commercial Park Supplement 1 as proposed.

Mr. Lafferty requested condition number 6 be added and Mr. Craig Hau, applicant, agreed with the condition as stated.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve Mulberry Commercial Park #00-S1598 as amended.

Motion carried 3 - 0.

3. SAGERT AMENDED SPECIAL REVIEW: 19-09-71: ON THE SOUTH SIDE OF COUNTY ROAD #74E, ABOUT 10 MILES WEST OF LIVERMORE.

This is a request to amend a previous Special Review approval for a sawmill operation, along with heavy equipment storage and maintenance in the O-Open Zone District, to allow the additional use of a propane storage facility. Staff recommendation is approval subject to the following conditions: 1. Operation of the Choice Propane Storage Facility shall be as specified in the file, #99Z1295; 2. Any changes in the operations from those in the file or in conditions of approval will require review and approval by Larimer County.

Chair Olson asked members of the audience to state their concerns for the record. Ms. Diane Morrison, GVM resident, stated that she opposes the storage tank due to its size, the fencing materials will impact the viewsheds and the location is too close to the road. Mr. Brett Mady, GVM resident and volunteer fireman, stated that he is concerned with the potential for a larger fire due to the storage tank as well as its proximity to the road and the amount of traffic on the road especially in the summer.

Mr. Cliff Marling, applicant and owner of Choice Propane, stated that these concerns had been addressed in a previous hearing and reiterated that the storage tank will be inspected by the State of Colorado and will comply with both State and Federal Codes.

Commissioner Rennels asked if the placement of the tank would save trips up and down the canyon and Mr. Marling stated yes, considerable. Chair Olson stated that she understood there would be no retail sales and Mr. Marling stated that is correct.

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners approve Sagert Amended Special Review # 990Z1295 as presented.

Motion carried 3 - 0.

4. FOOTHILLS VISTA SUBDIVISION PRELIMINARY PLAT: 14-05-70, ON THE WEST SIDE OF CR 29, APPROXIMATELY 1/2 MILES NORTH OF CR 18, AND APPROXIMATELY 1 MILE SOUTH OF THE INTERSECTION OF CR29 AND US 34, WEST OF LOVELAND.

This is a request for Preliminary Plat to divide 41.7 acres into 6 single-family residential lots, ranging in size from 2.3 to 21.3 acres. Staff recommendation is approval with the following conditions: 1. The Final Plat of the Foothills Vista Subdivision shall be consistent with the information contained in the file, #99-S1416 or as modified by conditions of approval; 2. Larimer County is not responsible for the maintenance of the internal Subdivision Street; 3. The Final Plat shall reflect the changes as shown on the plan prepared by Intermill Land Surveying date May 16, 2000. It shall also show an adjustment to the proposed boundary lines between Lots 2 and 3 to a north-south configuration, widening both lots and creating a more standard lot configuration; 4. The applicant shall provide written criteria by which Hearts and Horses staff members will live at and use Lot 1; 5. The applicant will provide a Pasture Management Plan and require compliance by all lot owners with oversight from the homeowners association. At a minimum, the plan should address the following issues: a. erosion, dust and surface water pollution control measures, b. manure handling measures, c. supplemental feeding plans, d. irrigation plans / irrigation systems, e. grazing schedules, f. weed management, g. provide protection for the irrigation ditch, h. establish a number of animals to be kept at the site, if it is different then allowed by zoning; 6. The applicant will revise the plan to provide for emergency access as shown on the plan dated May 16, 2000; 7. The applicant shall draft covenant language that require individual lot owners to confine pets to their individual lots to prevent the harassment of wildlife; 8. The applicant shall identify wildlife habitat areas at the site. The covenants shall recommend that lot owners use the Larimer County Plant List for landscaping in or near these areas; 9. The applicant shall comply with the requirements of the Larimer County Engineer, as contained in the Engineering Staff Reports dated May 2, 2000 and September 22, 1999; 10. The applicant shall comply with the requirements of the Larimer County Department of Health and Environment as contained in Staff Reports Dated September 3, 1999 and May 20, 1999; 11. The applicant shall provide a signed, written agreement with the Handy Ditch Company. Both the applicant and the Ditch Company shall sign the agreement, which is meant to ensure that residents comply with all rules and regulations of the Ditch Company, and that the Ditch Company has access to their easements. The Applicant shall provide an 80 foot irrigation and emergency access easement (40 feet on both sides) to the Handy Ditch; 12. The following fees shall be collected at building permit issuance for new single- family dwellings: Thompson R-2J School Fees; Larimer County fees for County and Regional Transportation Capital Expansion, and the Larimer County Park Fees (In Lieu of Land Dedication). The fee that is current at the time of building permit shall apply; 13. Expansive soils may be present in this area and engineered footing and foundation plans will be required for construction on these lots. Depth to groundwater is not known; rising groundwater levels should be anticipated during the irrigation season. Site specific testing at the building sites on these lots should be conducted to determine soil and groundwater conditions and specific foundation requirements. Perimeter drains should accompany all sub-grade construction.

Mr. Wheeler stated that the applicant is proposing the secondary access be located on the North side of the ditch and within the Heart & Horses lot, and staff accepts this proposal and therefore the second sentence in recommendation #6 should be deleted.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve Foothills Vista Subdivision Preliminary Plat #99-S1416 as amended.

Motion carried 3 - 0.

Ms. DeLude informed the Board that item #7 Newlun Zoning Violation #00-Z1318 is being removed from the agenda by staff because the alleged violation has been abated.

  1. OLANDER PRELIMINARY RURAL LAND PLAN: 32 & 33-05-68; GENERALLY LOCATED ON THE NORTH SIDE OF STATE HIGHWAY 60, 2.5 MILES WEST OF INTERSTATE 25.

This is a request to divide 140 acres in the following manner: up to 5 single-family home sites ranging in size from 3 to 7 acres each (for a total of roughly 30 acres) and approximately 110 acres of private residual land, protected by a 40-year covenant. Staff findings are that the proposal is consistent with the policies of Section 5.8-Rural Land Use Process of the Larimer County Land Use Code. Support for this proposed plan takes into consideration the various other land developments and design options, particularly the 35-acre alternative, for which there is no County review. The greater number of residential units possible under the current FA-Farming zoning of the property and the general development pressure within the immediate area for use-by-right 35-acre division of land supports our belief that this is an appropriate project. The site-based incentives (1 density bonus unit) equal a 25% density bonus under the RLUP's Administrative Process.

As proposed, this project will also provide commensurate long-term benefits to citizens of Larimer County. Those benefits in summary are a. Minimum of 40-year protective covenant; b. Consistent with newly-adopted Loveland Land Use Plan; c. Preservation of existing ag operation; d. Homeowners association protective covenants with architectural controls; e. Transportation capital expansion fees received from the project; f. School and park fees received from the project; g. Fewer residences than likely allowed through subdivision process; h. Ability to influence design of project, as compared to use-by-right division of property into 35-acre parcels. Staff recommendation is approval of the Olander Preliminary Rural Land Plan based on 1) The applicant's planning and design rationale for the project, which is consistent with the RLUP; 2) The applicant's willingness to reconfigure Lot 5 in accordance with the Larimer County Planning Department concerns; 3) The conservation values of the residual land, including preservation of an existing farming operation; 4) The plan is generally compatible with the existing neighboring land uses. The recommendation of the Rural Land Use Planning Director is for approval of the Olander Preliminary Rural Land Plan. The following contingencies must be met prior to approval of final plat by the Board of County Commissioners: 1. Internal road design and other engineering requirements, including utilities, roads, right-of-way dedication, storm water plan, and erosion control plan, shall meet minimum design standards set forth in Appendix G of the Larimer County Road Manual. Design shall be prepared and stamped by a qualified professional engineer licensed in the State of Colorado with review and approval by County Engineering Department; 2. Access permits off of State Highway 60 shall be obtained from Colorado Department of Transportation; 3. Public water shall be provided for this project. A letter of commitment from the Little Thompson Water District must be provided prior to final plat approval. This letter of commitment must specifically state that the water distribution system is (or will be) designed to meet the normal and minimum pressure design standards contained in Section 8.1.2.A.1 of the Land Use Code or more stringent standards as required by the District. If the water system will be designed to provide fire protection, the letter of commitment also must address the pressure and delivery standards outlined in Section 8.1.4 of the Land Use Code; 4. Soil testing must be completed prior to final plat approval on lots adjacent to (immediately south of) Chapman Reservoir; 5. The residual land protective covenant and management plan must be reviewed and approved by the County Attorney and the RLUC Director prior to final plat approval; 6. Homeowners' association covenants, including architectural controls, and provisions for internal road maintenance, must be reviewed and approved by the County Attorney prior to final plat approval; 7. The final development agreement must be reviewed and approved by the County Attorney prior to final plat approval; 8. Building envelopes shall be located on each new lot (excluding existing homes), a minimum of 300 feet from the high water line of Chapman Reservoir; 9. Loveland Fire Protection Bureau's Minimum Fire Protection Standard with Fire Sprinkler Systems or Minimum Fire Protection Standard without Fire Sprinkler Systems shall be complied with; 10. The following must be listed as a note on the final plat and on a disclosure statement, approved by the County Attorney, available to lot buyers through the public records at the time of purchase: a. Automatic fire protection sprinklers are required for all new residential structures or written permission for variance from this requirement from the fire district; b. Prior to footing and foundation permits, there shall be a certificate by a surveyor confirming that the construction is within the building envelope designated on the final plat; c. 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 for 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; d. The following fees shall be collected at building permit issuance for new single-family dwellings: Thompson R2-J school fees, Larimer County fees for County and Regional Transportation Capital Expansion, Larimer County Park Fee (in lieu of dedication), Drainage fees, Loveland Drainage Basin fees (if applicable and contingent upon research for calculations), and Rural Land Use Process fees. The fee amount that is current at time of building permit application shall apply; e. At time of real estate closing, owner shall provide purchasers of residential lots and residual lands with the Code of the West, a County document which addresses differences between urban and rural living in Larimer County; f. The owners of the residual land parcel shall be responsible for providing an annual monitoring report for the residual land to Larimer County Rural Land Use Center; g. Mosquitoes: During certain times of the year mosquitoes may present a significant nuisance. The County does not have a mosquito control program. Any spraying or other control will be the responsibility of the property owners; h. Wildlife: Wildlife such as skunks, snakes, and prairie dogs occur more frequently than in more built-up areas. Lot owners should be aware of these occurrences and be prepared to address them as residents if they arise. The County is not able to mitigate nuisances if they develop, although information on managing these issues is available; i. Prairie dog colonies do exist in the general area surrounding this proposal. Prairie dogs can be a nuisance if they migrate to developed residential property. The County does not perform prairie dog control, but can advise owners on how to obtain the services of licensed firms that do. At times prairie dogs are implicated in the transmission of plague to people or their pets. The County does monitor prairie dog colonies for evidence of plague. Animal control requirements for both dogs and cats should be observed; j. Adjacent agricultural uses: Farming practices on this and adjacent properties can produce odors, noise and dust. These are a normal part of agriculture and should be expected to occur; k. Horse pasture management: If livestock is to be kept on the smaller parcels, the owners must be aware that lots of this size must be managed very carefully in order to maintain grass cover in the pasture; l. Aerial spraying occurs in the area; 11. Building envelopes will not, in any way, impact the historic irrigation drainage flows; 12. All new utilities will be placed underground; 13. The applicant may continue to utilize water from Twin Mountain Reservoir for personal use only under the current arrangement; 14. If the applicant acquires the 40-acre parcel between the parcels owned at the time of preliminary plan approval, applicant may include this parcel in the final plan with one additional dwelling limited to a 3-acre building envelope. The area outside the building envelope will be included as residual land.

Mr. Reidhead noted that this application is the first to be reviewed under the new RLUP Administrative Process. The adjacent property owners are concerned with irrigation drainage, the need to keep irrigation ditches open and clean at all times, and that the potential for aerial spraying be disclosed to prospective landowners. Mr. Reidhead also stated that "legal lots" will be platted for the three existing homes. The applicant requests the right to designate two potential building envelopes in the western residual land lot. When one of the two potential envelopes has been selected, the other envelope will be extinguished as a potential building site. Mr. Reidhead further stated that since this submittal, the applicant has the opportunity to purchase the 40-acre parcel, which currently divides the two parcels involved in the original application. If this parcel is obtained, the applicant requests the right to designate one building envelope of 3-acres on the parcel with the balance of the 37-acres being included in the residual land.

Mr. Reidhead also stated that the proposal is within the Loveland Growth Area, which requires the County to collect Loveland Drainage Basin fees for the proposal. However, staff and the applicant feel these fees should be calculated on the proposed new building envelope acreages only; not the total acreage of the proposal. Commissioner Disney asked if the Intergovernmental Agreement (IGA) with Loveland allows for discretionary calculations. Mr. McDaniel stated that he would need to do some research and get back to the Board; however in the meantime the Board could make recommendation 10.d contingent upon the outcome of this research and the Board concurred.

Mr. Steve Olander, applicant, agrees to not disturb historical drainage/irrigation flows, however he objects to paying Loveland Drainage Basin fees for the total acreage when he is only requesting two additional home sites.

At this time the hearing was opened to the public and Mr. Don Graham, adjacent property owner stated that he is concerned with the Twin Mountain Reservoir for which the applicant gets water and the intent of providing water to the new lots from the reservoir.

Mr. Ken Ludwick, adjacent property owner, asked why this applicant was not required to hold a neighborhood meeting. Mr. Reidhead stated that the application was reviewed administratively and that a community meeting is not required under this process. Mr. Ludwick asked that the farm be required to be irrigated for the next 10 years, requested that all utilities be placed underground, why the applicant was not being required to extend County Road 9 to State Highway 60, and if restrictive covenants will be required?

Commissioner Rennels agreed the applicant should be required to place all new utilities underground. Commissioner Disney noted that watering of any land is not within the jurisdiction of the Board and that it made no sense to extend County Road 9.

Mr. Stan Elmquist, adjacent property owner, stated that he appreciates an additional condition protecting historic drainage and noted that aerial spraying should be noted and the Right-to-Farm resolution should be made available to potential future home owners.

There being no further comments, the hearing was closed to the public.

Mr. Olander rebutted that he did not agree with the extension of County Road 9 because it would divide the farm; he agrees to have a condition regarding the use of the Twin Mountain Reservoir and underground utilities.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the Olander Preliminary Rural Land Plan #00-S1600 as amended.

Motion carried 3 - 0.

6. KESSLER ZONING VIOLATION: 8220 TURMAN COURT

FORT COLLINS

This is an alleged violation of an illegal use of a utility building, as an office/shop for a commercial construction company (Kessler Construction), in the FA-1 Farming district.. The FA-1 Farming district does not permit commercial/industrial uses. Staff findings include 1. The property is zoned FA-1 Farming; 2. The FA-1 Farming district does not permit commercial/industrial uses; 3. The continued use of the property, as a commercial business, has affected the neighbors' ability to enjoy their own properties; 4. The continued use of the property, in violation of the zoning regulations, will affect property values in the area. Staff recommends that the Board finds a violation exists, require compliance within 90 days, and authorize legal action if the deadline is not met.

Ms. Delude stated that she had faxed a revised staff report to the property owner and that no further communication had taken place. Mr. Mark Kessler asked the Board to extend the timeframe for compliance since he recently found a parcel of land, which he could build a new building. Mr. Kessler requested a compliance date of December 31, 2000 or worst case, February 29, 2001.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners find a violation exists and require compliance before February 28, 2001, and authorize legal action if this deadline is not met.

Motion carried 3 - 0.

There being no further business, the hearing was adjourned at 4:35 p.m.

 

 

 

 

 

 

 

 

TUESDAY, JULY 18, 2000

ADMINISTRATIVE MATTERS

(#632 & 633)

The Board of County Commissioners met with Assistant County Manager Neil Gluckman at 9:00 a.m. Chair Pro-Tem Rennels presided and Commissioner Disney was present. Also present were Rex Burns, Project Engineer; Mark Peterson, County Engineer, Ed Woodward, Engineering Tech; Tony Simons, County Wildfire Coordinator; Doreen Kemp, Human Resource Specialist; K-Lynn Cameron, Open Space Manager; Ernie Marx, Extension Office; Kathy Snell, Health and Human Services Director; Jeannine Haag and Brian Treu, Assistant County Attorneys, Meegan Flenniken, Resource Specialist I; Maxine Hull, Weed Specialist; Marc Engemoen, Director of Public Works; Joel Wykoff, Grounds Supervisor; Donna Hart, Commissioners' Administrative Manager; and Deni LaRue, Community Information Manager. Recording Clerk: Jean O'Connor.

1. PUBLIC COMMENT: Mr. Philip Teeter stated that during the adoption of the new Land Use Code, the Board committed to addressing any "unintentional consequences" immediately. Mr. Teeter noted that upon submitting a building permit application for an addition to his home, the Engineering Department regretfully informed him that his home is now considered a "legal non-conforming use" because upon adoption of the new Federal Emergency Management Agency (FEMA) maps, he is now located in a flood zone. Mr. Teeter stated that while the new code process promised not to "down zone" any property, in fact that is what has occurred to his home of 17 years. Chair Pro-Tem asked Mr. Teeter to meet with Engineering staff and they will report back to the Board.

Ms. Pamela Gilsenan addressed the Board regarding her children and asked the County to release all records to any agency that requests any information. Chair Pro-Tem Rennels stated that the County has assisted her to the legal extent possible and thanked her for attending.

Ms. Kathleen Kilkelly addressed the Board regarding a recently submitted development review application called "The Vintage" and that she is concerned with the impacts it would have on the adjacent County Roads. Commissioner Disney informed Ms. Kilkelly that the Board could not discuss any pending applications without first having advertised the item as a public hearing.

2. APPROVAL OF THE MINUTES FOR THE WEEK OF JULY 10, 2000:

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the minutes for the week of July 10, 2000 as submitted.

Motion carried 2 - 0.

3. APPROVAL OF THE SCHEDULE FOR THE WEEK OF JULY 24, 2000:

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the schedule for the week of July 24, 2000 as amended.

Motion carried 2 - 0.

  • Invitations

Ms. Hart reviewed pending invitations with the Board.

At this time Representative Steve Johnson joined the meeting. Rep. Johnson was unable to attend a recent Legislative worksession in which the Board had expessed their appreciation to the Larimer County Legislative delegation for their efforts during the past legialtive session in working for the citizens of Larimer County. The Board asked Rep. Johnson to join them today to say "thank you" to him, also.

4. CONSENT AGENDA:

M O T I ON

Commissioner Disney moved that the Board of County Commissioners approve the following documents as published on the consent agenda for July 18, 2000:

ACTION ITEMS: Appointments to the Planning Commission: Duane Pond to an unexpired term effective July 18, 2000 to June 30, 2001 and Lois teeMeer for a term of three years effective July 1, 2000 to June 30, 2003. Appointment of Nancy Baker to the Retirement Board for an unexpired term effective July 18, 2000 through December 31, 2004. Request to waive the Larimer County Personnel Policy Manual Provisions pertaining to the use of leave without pay in order to permit Lori Smith to be on leave without pay for up to 10 days during the summer of 2000 to deal with previously scheduled personal obligations.

AGREEMENTS:

A00-91 AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND BANNER HEALTH SYSTEMS

A00-92 INTERGOVERNMENTAL AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND BOULDER COUNTY CONCERNING HOME REHABILITATION AND WEATHERIZATION COST-SHARING

A00-93 DEVELOPMENT AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND AMERICAN RETIREMENT PROPERTIES FOR WATERDALE SPECIAL REVIEW

A00-94 DEVELOPMENT AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND COEUR d'ALENE DEVELOPMENT FOR COEUR d'ALENE ESTATES PUD

R00-149s FINDINGS AND RESOLUTION APPROVING THE BRENTS RANCH SUBDIVISION

R00-150s FINDINGS AND RESOLUTION APPROVING THE PRELIMINARY PHASE PLAN OF TEAL CREEK PLANNED UNIT DEVELOPMENT

R00-151g RESOLUTION PROVIDING FOR THE APPOINTMENT OF INDEPENDENT REFEREES TO CONDUCT HEARINGS ON BEHALF OF THE LARIMER COUNTY BOARD OF EQUALIZATION

R00-152d RESOLUTION TO SET A HEARING FOR LOCAL IMPROVEMENT DISTRICT #2000-1 (Ferndale/Godinez Sub)

MISCELLANEOUS: Glen Comfort Subdivision Lot 3 Block 1 and Beckwith-County Subdivision Lot 1 Amended Plat; Final Plat Fletcher MRD; Final Plat Coeur d'Alene Estates Planned Unit Development; Amended Plat of Lot 1 of Amended Plat of Lot 13, Block 4 Letitia Lake Subdivision; Final Plat MacNaughton Subdivision; Overland Valley Minor Residential Development Amended Plat; Crystal Lakes 9th Filing Lots 96A & 97A Amended Plat; and Amended Plat of Lot 1 Block 1 of the Replat of Lot 20 Mountview Acres Subdivision.

LIQUOR LICENSES: Licenses were approved for State Board of Agriculture for the Colorado State University- 3.2% Special Events Permit- Fort Collins, CO; Red Feather Super Market- 3.2%- Red Feather Lakes, CO; 19th Green Inc.- 6%- Wellington, CO; CSU Concessions- 3.2%- Fort Collins, CO; Rams Horn- 6%- Fort Collins, Colorado; and Poudre Landmarks Foundation- 6% Special Events Permit- Fort Collins, CO.

Motion carried 2 - 0.

5. UPDATE ON OPEN SPACE MANAGEMENT PLANS: Ms. Cameron introduced her staff and Ms. Hull provided the Board with a weed management plan for the types and locations of weeds being targeted.

6. DISCUSSION OF LAND EVALUATION AND SITE ASSESSMENT PROJECT: Mr. Marx, County Liaison to the Agricultural Advisory Board asked the Board their preference in nominating/appointing members to the Land Evaluation and Site Assessment (LESA) program, recommendations, and from whom the nomination/appointment letters should be sent. Upon review of the suggested list the Board suggested several potential developers and the Farm Credit Bureau as the potential agricultural lender. CONSENSUS OF THE BOARD was that the letters be sent from them on county stationary. Commissioner Disney noted that flexibility of the review criteria should be utilized if necessary for property owners.

7. PARTICIPATION TO ENSURE IN-PATIENT PSYCHIATRIST AVAILABILITY: Ms. Snell asked for approval of a four party agreement to ensure in-patient psychiatric availability and the utilization of $10,000 of unexpended funds from last years budget.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve a Mental Health Joint Partnership Agreement to be funded with $10,000 from unexpended funds from last years budget.

A00-95 AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND AND THE CENTER FOR MENTAL HEALTH FOR A JOINT PARTNERSHIP FOR IN PATIENT PSYCHIATRIC CARE FOR A 6 MONTH TIMEFRAME

Motion carried 2 - 0.

8. REQUEST FOR FUNDS FROM SPECIAL PROJECS TO HELP WITH BOBCAT FIRE RECOVERY: Mr. Simons requested $2000 from the Boards' Special Projects Fund for recovery assistance for the reproduction of 5000 FireWise brochures and funding assistance with the Chipping/Disposal Program. Mr. Simons stated that the Wildfire Safety Program will contribute $2000, residents will contribute $2000 and private funds in the amount of $2000 have been allocated. Commissioner Disney asked if the City of Loveland had been contacted to receive the chips and Mr. Simons stated that the chips would be spread for erosion control in the fire area.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve $2000 from the Special Projects Fund to assist with continuing education and the chipping/disposal programs.

Motion carried 2 - 0.

9. WORKSESSION: Ms. Kemp provided an update on the restaurant surveys and noted that respondents would remain confidential by the evaluator from CSU.

10. COMMISSIONER REPORTS: Commissioner Disney stated that the scope of the Estes Park Transportation Study had been completed and is expected to be available in the very near future.

EXECUTIVE SESSION: Ms. Cameron requested the Board go into Executive Session to discuss land negotiations.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners go into Executive Session at 10:50 to discuss land negotiation.

Motion carried 2 - 0.

Executive Session ended at 11:15 a.m., no action was taken.

11. LEGAL MATTERS: Mr. Gluckman provided the Board with a resolution to authorize the Sheriff to enforce wildfire bans on Larimer County land and authorize the Chair to sign.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve a resolution authorizing the Sheriff to enforce wildfire bans on Larimer County land and the chair to sign.

R00-153g RESOLUTION AUTHORIZING THE SHERIFF TO ENFORCE WILDFIRE BANS ON LARIMER COUNTY LAND

Motion carried 2 - 0.

Ms. Haag discussed the use of fees collected by the Building Department pursuant to the Uniform Building Code. Ms. Haag advised the Board that the Colorado Court of Appeals held in the Douglas County/Bainbridge case, that the Colorado statutes and Building Code authorize a County to collect fees to recover both the direct and indirect costs incurred by the Building Department in providing its services. The Court also held that the fees charged must reasonably approximate the actual costs incurred. Because fees generated vs. costs can never be determined to the penny, in any given year there will probably be a slight surplus or deficiency. Ms. Haag advised the Board that with respect to surpluses, it would be acceptable to retain a set sum as a reserve to cover costs in years where there was a deficiency. The Building Department should not, however, be consistently generating large surpluses. If this is happening, it indicates that the fees being charged are greater than actual costs and the fees should be reduced. Ms. Haag also advised the Board that building fees can not be treated as general revenue and used for things unrelated to the cost of operating the Building Department. Ms. Haag noted that for small surpluses, which might be generated, the surplus could be absorbed the following year(s) by reducing fees across the board or by reducing or waiving fees for projects that promote a public purpose such as affordable housing. Consensus among the Board of County Commissioners, Chief Building Official Tom Garton and Planning Division Director Larry Timm was that during the budgeting process for 2001, close attention will be paid to make sure the Building Department costs and the 2001 building permit fees charged to recover those costs are within the parameters outlined in the Douglas County case.

Mr. Treu provided the Board with an acknowledgement of payments for a previously approved Oracle contract and approval for the Chair to sign.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners authorize the Chair Pro-Tem to sign an acknowledgement of payments for the Oracle contract previously approved.

Motion carried 2 - 0.

EXECUTIVE SESSION

Commissioner Disney moved that the Board of County Commissioner go into Executive Session at 11:40 a.m. for confidential legal advice.

Motion carried 2 - 0.

Executive Session ended at 11:55 a.m., no action was taken.

 

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CHERYL OLSON, CHAIR

LARIMER COUNTY BOARD OF COMMISSIONERS

 

MYRNA RODENBERGER

LARIMER COUNTY CLERK AND RECORDER

 

S E A L

 

(A T T E S T)

 

___________________________________

Jean M. O'Connor, Clerk to the Board