PROCEEDINGS OF THE BOARD OF COUNTY COMMISSIONERS

Monday, August 28, 2000

LAND USE MEETING

(#645)

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 Jim Reidhead, Director of the Rural Land Use Center; Carol Evans, Planner II; Doug Ryan, Environmental Planner; Tony Simons, Wildfire Coordinator; Rusty McDaniel, Project Engineer; Marc Engemoen, Director of Public Works; Claudia DeLude, Code Enforcement Officer; and Jeannine Haag, Assistant County Attorney. Recording Clerk: Jean O'Connor.

Chair Olson stated that item #2 Friesen Zoning Violation #00-ZV1320 is being removed from the agenda and Ms. DeLude stated that the property is now in compliance and requested it be withdrawn from the agenda.

Chair Olson stated that the following item is on consent and would not be discussed unless requested by the Board or members of the audience.

  1. BIG VALLEY HOMESTEADS RLUP EASEMENT VACATION FOR LOTS 7 & 8 AND EASEMENT DEDICATION FOR LOT 6: SW 1/4 13-5-70; APPROXIMATELY 1 1/2 MILES SOUTH OF US 34 ON COUNTY ROAD 29-EAST SIDE.

This is a request to vacate the northerly 225 feet of the existing 20-foot utility easement between and along the common lot line of Lots 7 & 8. The easement will remain intact from the existing cul-de-sac to 10 feet beyond the existing fire hydrant. Also, a new 20-foot utility easement along the north line of Lot 6 will be dedicated to replace the vacated easement. Staff findings are that vacating the easement makes sense since a new dedication will replace the vacation. A character defining rock outcropping will be preserved. Changing this utility easement does not create concerns to utility providers or County departments. No objections or concerns to this proposal were received. Staff recommendation is recommends approval of the request to vacate the northerly 225 feet of the existing 20 foot utility easement between and along the common lot line of Lots 7 & 8 and to dedicate a new 20 foot utility easement along the north line of Lot 6 to replace the vacated easement.

M O T I O N

Commissioner Disney moved that the Board approve Big Valley Homesteads Lots 6 - 8 Utility Easement Vacation #00-S1611 as outlined above.

Motion carried 3 - 0.

3. PEARL CREEK ESTATES SUBDIVISION PRELIMINARY PLAT: 10, 11, 12-10-74; NORTHWEST OF THE COMMUNITY OF RED FEATHER LAKES (BETWEEN CRYSTAL LAKES DEVELOPMENT AND BEAVER MEADOWS RESORT).

This is a request for Preliminary Plat to subdivide 278 acres to create 112 single family residential lots, the majority of which are between 2 and 3 acres in size, and several open space tracts. Staff recommendation is denial. Ms. Evans provided background information regarding the review of the application, the conceptual nature of the plans and application materials, Planning Commission comments and adequate public facility issues with County Road 73C. Ms. Evans noted that the proposal was submitted under the old County regulations over a year ago and the information is still incomplete. The applicant had submitted new information just two weeks ago, which reduces the number of proposed units to 102; however, Ms. Evans continued, staff and other agencies have not had sufficient time to review the new materials and many issues remain unanswered.

Commissioner Disney asked if transportation infrastructure is still applicable under the regulations that apply to this proposal and Mr. McDaniel replied in the affirmative.

Mr. Bill Wyatt, representative for the applicant, requested the application be tabled for six months to allow additional time to address outstanding issues.

Mr. Vaugan Furness, applicant, requested the item be tabled for the following reasons 1. Building envelopes will be established based on new topography information ordered; 2. Time to work with staff regarding adequate public facilities, impact fees and negotiations for improvements to County Road 73C; 3. 75-foot buffer from the Poudre River; and 4. Compliance with the Wildfire Mitigation Plan. Mr. Furness stated that many outstanding issues could be addressed prior to the Final Plat stage of the process and requested the Board approve the application today.

Mr. Wyatt stated that the proposal could be a win-win situation with respect to improvements on County Road 73C (CR73C). The submitted traffic impact study, Mr. Wyatt continued, supports the paving of CR73C; if impact fees for the immediate area were to be applied to CR73C, the road will be paved. The applicant, Mr. Wyatt stated, is willing to put up half the estimated cost to improve CR73C when impact fees collected equal the other half. Mr. Wyatt noted that the applicant is willing to join the Crystal Lakes/Glacier View Meadows Homeowners Association if they will amend their by-laws to allow Pearl Creek Estates. Mr. Wyatt stated that he agrees staff has not had sufficient time to review the newly submitted information, and noted that if the request to table the proposal is approved, the project will not be rushed and will be able to meet standards. Mr. Wyatt respectfully requested a six-month tabling.

Commissioner Rennels stated that she is not inclined to grant an extension, and that there is no capital replacement program for that area therefore funds can not be directed specifically to the area. Commissioner Disney agreed and noted that if funds were directed to this area just to assist one developer, how many more requests would be submitted? Commissioner Disney stated that there are criteria for allocating funds for road improvements. Chair Olson stated that this Board could not bind a future Board with any action taken with respect to a six-month tabling and acceptance of a road improvements plan/agreement that is still very conceptual at this point.

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners deny the request to table Pearl Creek Estates Subdivision #99-S1397.

Motion carried 3 - 0.

Mr. Wyatt requested the Board consider a conditional approval and that the Planning Department file for Pearl Creek Subdivision become part of the official record. Mr. Wyatt further requested a Capital Improvement Schedule be made for the area and funds be dedicated for the area.

At this time the hearing was opened to public comment and Mr. Don Wiexleman, a property owner involved in the application, provided history for the property, feels a Capital Improvement Schedule is justified for the area, and that the submittal is compatible with the surrounding areas.

There being no further public comment, the hearing was closed to the public. Mr. Wyatt requested the Board approve the proposal with conditions, which include a viable way of financing improvements to CR73C.

Chair Olson noted that the applicant is against a September 6, 2000 deadline for review under the County's old regulations and asked Mr. Timm to explain how an applicant could request a waiver from the Conservation Development requirement within the new Land Use Code. Mr. Timm referred to Section 5.2.3.H and read the 5 criteria available to the Board to review a waiver request.

Commissioner Disney stated that the Board couldn't allow an applicant to dictate where impact fees will be used; criteria established will apply fees to those areas where they are needed the most. Commissioner Disney further stated that he could not make a decision based on inadequate information; and noted that the applicant was not forced to submit the application prior to the adoption of the new Land Use Code. This public hearing, Commissioner Disney continued, is not the time or place to make up conditions of approval.

Commissioner Rennels noted that the project might be compatible with the surrounding area but that it is not the Board's job to design the project. Furthermore, the finished project could be significantly different than that which was advertised and reviewed. Chair Olson concurred with previous statements and that there are too many unknowns with the proposal to allow vesting at this time.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners deny Pearl Creek Estates Subdivision #99-S1397.

Motion carried 3 - 0.

There being no further business, the hearing adjourned at 4:30.

PUBLIC HEARING

For a 1st Reading

RED FEATHER LAKES LIBRARY DISTRICT

(#645)

The Board of County Commissioner met at 7:00 p.m. with Frank Lancaster, County Manager; Chair Olson presided and Commissioner Disney was present. Also present were Rex Burns, Project Engineer; George Hass, County Attorney; Linda Sanders; Administrative Services Manager; and Recording Clerk: Jean O'Connor.

Mr. Hass stated the purpose of this hearing is to comply with State Statue prior to the forming of this district.

Ms. Danielle Johnson, attorney acting on behalf of the library district, noted for the record that the Resolution signed July 12, 2000 established 2.5 mills for the formation of the Red Feather Lakes Library District and stated that members of the audience are prepared with statements of support for the formation of the district.

Mr. Hass asked if anyone attending the hearing objected to the formation of this district, there being no opposition present; Mr. Hass requested the citizens submit their statements.

The following citizens submitted statements in support of the district and for the record: Ms. Ann Smythe, President, Red Feather Lakes Community Library Foundation Board; Ms. Maryanne Lyon, President, Friends of the Red Feather Lakes Community Library Association; Mr. Robert Kevan, Chairman, Citizens Committee for a Mountain Library District; and Marilyn Colter, Director Red Feather Lakes Community Library.

Mr. Kevan stated that a larger attendance is expected at the hearing next week and that the proposed district is larger than the Crystal Lakes/Red Feather Lakes/Glacier View Meadows area. County Roads 74E and 68C have been added for contiguity of the district.

Mr. Hass noted that there is still no opposition in attendance and stated that this hearing will be closed and the Board will recess until September 6, 2000 at 7:00 p.m. in the Red Feather Lakes Library located at 76 Firehouse Lane, Red Feather Lakes, CO.

TUESDAY, AUGUST 29, 2000

ADMINISTRATIVE MATTERS

(#646)

The Board of County Commissioners met with Neil Gluckman, Assistant County Manager; Chair Olson presided and Commissioners Disney and Rennels were present. Also present were Larry Timm, Director of Planning; Claudia DeLude, Code Enforcement Officer; Ginny Riley, Director of Human Services; Glen Rathgerber, Deputy Director of Human Services; Donna Hart, Commissioners' Administrative Manager; Deni La Rue, Community Information Officer; and George Hass, County Attorney. Recording Clerk: Jean O'Connor.

1. PUBLIC COMMENT: The Board is available from 9:00 - 9:30 a.m. for public comment.

2. APPROVAL OF THE MINUTES FOR THE WEEK OF AUGUST 21, 2000:

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the minutes for the week of August 21, 2000 with noted corrections.

Motion carried 3 - 0.

3. APPROVAL OF THE SCHEDULE FOR THE WEEK OF SEPTEMBER 4, 2000:

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the schedule for the week of September 4, 2000 as amended.

Motion carried 3 - 0.

4. CONSENT AGENDA: Chair Olson stated that Resolution #5 has been pulled from the Consent Agenda.

 

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners approve the following documents as published on the consent agenda for August 28, 2000:

ACTION ITEMS: Ryan Frink and Robert Scott were appointed to the Extension Advisory Committee for a term of three years effective July 1, 2000 to June 30, 2003.

PETITIONS FOR ABATEMENT: As recommended by the County Assessor, the following petitions were approved: Brent White Design LLC; Callender/Weisenberg; Chappell; Classy Pup Grooming; Coe; Copelco Capital, Inc; Darst; Deming; Esa Geotchnical; Fds Group; Herrington; Hindman; Leirer; Loveland Excavating; Mares; Noel; Raab; Rocky Mountain Plaza Self Storage; Sanders; Slechta; Suite 152; and Williford.

A00-130 AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND REBOUND TECHNOLOGY, INC.

C00-44 CONTRACT FOR SALE OF COUNTY PROPERTY BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND GEORGE KALAMARAS AND MARY ANN CAIN

C00-45 COLORADO CHILD SUPPORT SERVICES AMENDEMENT TO CONTRACT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND COLORADO CHILD SUPPORT SERVICES

C00-46 FIRST AMENDMENT TO USE RESTRICTION COVENANT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND JJ7 ENTERPRISES/WONDERVIEW CONDOMINIUMS

C00-47 CONTRACT EXTENSION AMENDMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE STATE OF COLORADO FOR THE USE AND BENEFIT OF THE DEPARTMENT OF HUMAN SERVICES, DIVISION OF CHILD CARE

R00-172s RESOLUTION REGARDING THE RELEASE OF COLLATERAL SUBDIVISION PLAT FOR TRAILS AT VISTA BONITA

R00-173s FINDINGS AND RESOLUTION APPROVING THE SQUIRE EXTENDED FAMILY DWELLING

R00-174z FINDINGS AND RESOLUTION APPROVING THE PETITION OF GARDNER SIGNS TO CLARIFY THE CONDITIONS OF SPECIAL REVIEW APPROVAL

R00-175g RESOLUTION ADOPTING THE 1997 UNIFORM FIRE CODE WITHIN THE LOVELAND FIRE PROTECTION AREA OF LARIMER COUNTY

MISCELLANEOUS: Pinewood Springs, 11th Filing, Lot 4 Amended Plat; Mulberry Commercial Park-Condominium Supplement #1; Letter of Support for Loveland Natural Areas Program Grant Submittal; and Closeout of Contract #C99-0062 Between the Board of County Commissioners and the Colorado Department of Labor and Employment for Use and Benefit of Larimer County Workforce Center.

LIQUOR LICENSES: A license is approved for Schrader Country Store #440- 3.2%- Fort Collins, CO. Licenses were issued to Tornado Club- 6%- Fort Collins, CO; Coach House Lounge- 6%; Loveland, CO; and Rocky Mountain Gateway- 6%- Estes Park, CO.

Motion carried 3 - 0

Mr. Timothy O'Neil and Ms. Diane Foland of Foothills Gateway, Inc. submitted the petition containing over 2000 signatures for the November ballot initiative. Mr. Hass noted that State Statue authorizes the Board to approve up to 1 mill levy and restrict the proceeds from that mill specifically for use by Foothills Gateway, Inc.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the Resolution calling an election to certify a ballot title for an additional one mill levy to the County Ad Valorum Tax to be dedicated for use by the Community Centered Board serving Larimer County, Colorado and to collect and expend the revenue from such additional tax without regard to constitutional and statutory limits.

R00-176g RESOLUTION CALLING AN ELECTION TO CERTIFY A BALLOT TITLE FOR AN ADDITIONAL ONE MILL LEVY TO THE COUNTY AD VALORUM TAX TO BE DEDICATED FOR USE BY THE COMMUNITY CENTERED BOARD SERVING LARIMER COUNTY, COLORADO AND TO COLLECT AND EXPEND THE REVENUE FROM SUCH ADDITIONAL TAX WITHOUT REGARD TO CONSTITUTIONAL AN STATUTORY LIMITS

Motion carried 3 - 0.

  1. DISCUSSION OF COPS GRANT: Mr. Gluckman stated that the Sheriff has withdrawn this item from the agenda.

6. SUPPORT FOR REAUTHORIZATION OF OLDER AMERICANS ACT: Ms. Riley requested Board support for the reauthorization of the Older Americans Act and the proposed Amendment pertaining to the funding formula. Ms. Riley stated that the Act currently provides 90% of the funding for the local area Agency on Aging and requested permission for the Office on Aging Advisory Council and staff to submit articles to the media; distribute flyers to older adults asking them to contact their legislators in support of reauthorization of the Act; and meet with Representative Schaffer or his staff to educate them about the Act and the programs it supports. Ms. Riley further noted that if the draft bill is significantly amended, or influences the County's support, the issue will be brought back to the Board for consideration.

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners approve the request for a county position supporting the reauthorization of the Older Americans Act and the proposed amendment at the federal level; support staff and the Office on Aging Advisory Council in submitting articles to the media and educating State Representatives about the reauthorization and what it means to the citizens of Larimer County.

Motion carried 3 - 0.

Commissioner Disney suggested the Board provide an official letter of support to congressional members and for use in mailings.

7. LEAGUE OF WOMEN VOTERS REQUEST FOR FUNDING ASSISTANCE FOR IMFORMATION BROCHURE: Ms. La Rue requested approval of $250 to assist in the printing/distribution of the League of Women of Voters Information Brochure. Commissioner Disney expressed concern with the legality of such a contribution and asked if the County Attorney's Office had reviewed the request. Ms. La Rue stated that Board has made this contribution in the past but that she would verify with the attorney's office. Mr. Gluckman suggested the funding contribution be taken from the budget of the Community Information Officer.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve $250 from the Community Information Officer's budget to assist the League of Women Voters with an informational brochure.

Motion carried 3 - 0.

8. UPDATE ON JUSTICE CENTER OPENING CEREMONIES: Ms. La Rue provided the Board with an update regarding the Justice Center opening ceremonies and sponsorships.

9. WORKSESSION: Mr. Mark Johnson, liaison for the nine county Regional Emergency Medical and Trauma Area Council (RETAC), requested approval of two representatives and two alternates from Larimer County to RETAC as recommended by the Larimer EMS Technical Advisory Committee. Mr. Johnson explained that once the Council is formed, one of the first tasks would be to develop by-laws, which will determine terms of appointees, use of alternates, etc.

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners appoint Lori McDonald, Poudre Valley Hospital and Dennis Young, Thomson Valley EMS to RETAC and Cindy Balinghof, Estes Park Medical Center and Dave Schmillen, Poudre Valley Ambulance as alternates as recommended by the Larimer EMS Technical Advisory Committee. The Board reserves the right to reconsider these appointments once operations have been established; request an update in three months, and appoint Mr. Johnson as communications liaison to the Board.

Motion carried 3 - 0.

Mr. Gluckman suggested Mr. Johnson contact the new candidates regarding their appointments as well as sending a letter from the Board.

10. COMMISSIONER REPORTS: Commissioner Disney stated that he had received an email from a citizen requesting the Board "keep an ear out" regarding the status of a proposed ski resort off Highway 14. Commissioner Disney noted that a similar proposal had surfaced in the past and concerns were raised regarding the condition of Highway 14.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners send a letter to the Colorado Department of Transportation requesting that, if a proposal comes to fruition, attention be paid to improvements and safety issues with the current condition(s) of Highway 14.

Motion carried 3 - 0.

11. LEGAL MATTERS: Ms. DeLude requested Board direction regarding a situation within the Mountain Range Shadows Subdivision with respect to Tuff Sheds. Ms. DeLude noted that the homeowners association of Mtn. Range Shadows wants to report and have staff take action against residents who install a shed without a building permit. Mr. Timm stated that Code Enforcement is on a complaint basis and those complaints are prioritized with health/safety violations at the top of the list and that the expense involved in researching a complaint is also considered. Chair Olson asked if the HOA covenants address the issue, and Ms. DeLude stated they did not. Consensus of the Board is that the Tuff Shed situation does not warrant immediate staff attention.

 

There being no further Business, the meeting adjourned at 10:45 a.m.

___________________________________

CHERYL OLSON, CHAIR

LARIMER COUNTY 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