Elk in Rocky Mountain National Park
 

PROCEEDINGS OF THE BOARD OF COUNTY COMMISSIONERS

Monday, October 16, 2000

The Board of County Commissioners met with Larry Timm, Director of Planning; Chair Olson presided and Commissioners Disney and Rennels were present. Also present were Dave Shirk, Estes Park Planner; Matt Lafferty, Planner II; Jim Reidhead, Director of the Rural Land Use Center; Doug Ryan, Environmental Planner; Sylvester Mabry, Civil Engineer; and Jeannine Haag, Assistant County Attorney. Recording Clerk: Jean O'Connor.

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

1. THUNDER MOUNTAIN PARK PUD: THE THUNDER MOUNTAIN PARK PLANNED UNIT DEVELOPMENT IS LOCATED IN THE SOUTHWESTERN PORTION OF THE ESTES VALLEY. SPECIFICALLY, THE PUD IS LOCATED NEAR THE SOUTHERN END SPUR 66, ADJACENT TO THE ESTES PARK CAMPGROUND AND BORDERING ROCKY MOUNTAIN NATIONAL PARK.

This is a request by the Thunder Mountain Park Homes Association Board of Directors to remove the building envelopes established with the Planned Unit Development Plan for the subdivision (original 1985, revised 1992).

Staff findings include 1. Removal of the building envelopes will allow greater flexibility is designing the home site to adjust for specific site conditions such as topography or other natural features; 2. Should the property owners wish to deviate from the underlying zoning setbacks, they will have to appear before the Estes Valley Board of Adjustments; 3. Removal of the platted building envelopes establishes setbacks as follows: "E-1" Zoning Setbacks. The is one undeveloped lot that is zoned "E-1", which has setbacks of 25-feet in front, side, and rear yards, "E" Zoning Setbacks. There are 13 undeveloped lots that are zoned "E", which has setbacks of 15, 10, and 15 feet (front, side, rear).

Staff recommendation is approval of the request to remove the platted building envelopes from Thunder Mountain Park Planned Unit Development.

2. ROCKWOOD LANE STREET NAME CHANGE: THE ROAD IS LOCATED WITHIN ROCKWOOD ESTATES SUBDIVISION.

This is a request to assign "Christmas Tree Lane" to an unnamed 100-foot long public road that connects to a private drive currently known as "Christmas Tree Lane" within the unincorporated Estes Valley. Sstaff findings include 1. The street is approximately 100-feet long, and serves as a connection between Rockwood Lane and a private drive known as Christmas Tree Lane (see Map 2); 2. The street is known locally as Christmas Tree Lane, and a street sign matching the design scheme of Rockwood Estates has been in place for 15-20 years; 3. The Estes Valley Emergency Dispatch currently refers to this as "Christmas Tree Lane", and has no concerns; 4. Larimer County Engineering replied: "Christmas Tree Court is the recommended name, not Lane because court is used for permanently dead-end streets that are no longer than 660 feet in length". The standard is a department policy, and not a regulation; 5. LETA has no concerns with the proposed name change. Staff recommendation is approval of this request.

3. CORLEY - HURLEY BOUNDARY LINE ADJUSTMENT: THE SITE IS LOCATED ALONG THE NORTH SIDE OF MORAINE AVENUE, DIRECTLY EAST OF CEDAR RIDGE CONDOMINIUMS. THE SITE MAY BE ACCESSED VIA A PRIVATE ROAD (ROCKRIDGE) FROM THE NORTH, OFF US HWY 34.

Mr. Shirk noted that the applicant has already complied with conditions 3 - 5 inclusive and requested they be deleted. Condition 2, Mr. Shirk stated, is approximately a year long process and that the applicant has started that process. After discussions with Town staff, Mr. Shirk stated, conclusion was that "initiating" the process" is sufficient. Mr. Shirk requested that the applicant be allowed to proceed and the 30 day requirement for recording in condition #1 be revised to "submitted" for recording.

This is a request to adjust internal boundary lines of a 45.42-acre unplatted portion of land within Larimer County. Staff findings include 1. The purpose of the project is to rearrange the three parcels into a more equal area distribution; 2. The owners intend to limit the use of the land to a single residential unit on each property through a private grant of conservation easement. New building development is not anticipated in the near future; 3. This boundary line adjustment also benefits the owners and neighbors by resolving the discrepancies of the titles in the area. The new deeded information represents a proper closure within the plat and with the neighboring properties as well. Staff recommendation is approval of this request with the following contingencies 1. Within thirty (30) days of the Board's approval of the minor subdivision, the developer shall submit the minor subdivision final plat for recording. If the minor subdivision plan is not submitted for recording within this thirty-day time period, the approval shall automatically lapse and be null and void. 2. Prior to recording with the Register of Deeds, the entire property shall be submitted to the Northern Colorado Water Conservancy District and Municipal Subdistrict.

4. REZONING - HACKER REZONING: NE 1/4 OF SECTION 23, TOWNSHIP 5 NORTH, RANGE 69 WEST: LOCATED ON THE SOUTH SIDE OF FIRST STREET AND THE GREELEY IRRIGATION CANAL, BETWEEN HIGHWAY 287 AND TAFT HILL ROAD IN LOVELAND.

This is a request to rezone the property on the south side of First Street and the Greeley Irrigation Canal from I (Industrial) to PD (Planned Development) with the underlying uses and standards of the Larimer County FA (Farming) zoning classification. Staff recommendation is approved subject to the following condition: At such a time when existing septic systems on the lots within the subject application fail to operate properly, the applicant shall be required to work with the County Health Department to determine the feasibility of the public sewer for the residential uses.

  1. AMENDMENT TO THE FOSSIL CREEK RESERVOIR TDU PROGRAM SENDING AREA MAP, PHASE 1
  2. This is a request for approval of an amendment of Technical Supplement of the Land Use Code. Staff recommendation approval of the Amendment to the Fossil Creek Reservoir TDU Program Sending Area Map, Phase 1 (a technical supplement to the Land Use Code).

    M O T I O N

    Commissioner Disney moved that the Board of County Commissioners approve Thunder Mountain Park Planned Unit Development Amendment; Rockwood Lane Street Name Change; Corley-Hurley Boundary Line Adjustment and Hacker Rezoning #00-Z1345 as amended and outlined above.

    Motion carried 3 - 0.

  3. RISTVUE PRELIMINARY RURAL LAND PLAN: 32-08-70; GENERALLY LOCATED 4 1/2 MILES WEST OF BELLVUE ALONG COUNTY ROAD 52E (RIST CANYON ROAD) AND ROUGHLY 1/2 MILE UP THE DAVIS RANCH ROAD.

This is a request for preliminary approval to divide 70 acres into three single-family home sites on 23 acres and 47 acres of private residual land protected from further development by a perpetual conservation easement. Staff findings include 1. This proposal is consistent with the policies of Section 5.8-Rural Land Use Process of the Larimer County Land Use Code; 2. Support for the Ristvue Preliminary Rural Land Plan is based on the following: a) Applicant's planning and design rationale for the project, which is consistent with the RLUP; b) Conservation values of the residual land, including preservation of large meadow area, which is a logical area to place new homes from an ease-of-construction stand point; c) Careful location of residences to have minimal impact on additional road construction; d) The plan is generally compatible with the existing neighboring land uses.

Support for this proposed plan takes into consideration the various other land development 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 O-Open 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) is allowed under the RLUP's Administrative Process. As proposed, this project will also provide commensurate long-term benefits to citizens of Larimer County. Those benefits are: 1. Protection of residual land with a perpetual conservation easement; 2. Preservation of forested lands and a highly-visible portion of large natural foothills meadow; 3. Homeowners association protective covenants with architectural controls; 4. Transportation capital expansion fees received from the project; 5. School and park fees received from the project; 6. Fewer residences than likely allowed through subdivision process; 7. 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 Ristvue 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, driveways, and that portion of Davis Ranch Road which is internal to this application 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 Internal roads shall be dedicated and conveyed for public use; 2. A conceptual site plan, showing driveways, building envelopes, wells, and primary and replacement sewer systems be submitted and approved by the Larimer County Health Department prior to final plat approval; 3. 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; 4. Homeowners' association covenants must be reviewed and approved by the County Attorney prior to final plat approval. These covenants must specifically address internal road maintenance and the agreement to participate in the existing road association and pay a fair (pro-rata) portion of fees for improvements of access roads, if agreed to by the existing association; 5. The final development agreement must be reviewed and approved by the County Attorney prior to final plat approval; 6. 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; b) Prior to footing and foundation permits, a certificate by a surveyor confirming that the construction is within the building envelope designated on the final plat must be provided; 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 must 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) Well permits must be obtained from the Colorado Division of Water Resources prior to obtaining building permits. Mountain area water wells are known to show wide variations in the amount of water they produce. Once the wells have been developed, owners would be advised to perform water quality testing. Testing for coliform bacteria and nitrates is recommended; e) The following fees shall be collected at building permit issuance for new single-family dwellings: Poudre R-1 school fees, Larimer County fees for County and Regional Transportation Capital Expansion, Larimer County Park Fee (in lieu of dedication), and Rural Land Use Process fees. The fee amount that is current at time of building permit application shall apply; f) 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; g) 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; h) 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; i) 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; j) Prairie dog colonies 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; k) 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; l) 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; 7. Lots 1, 2, and 3 shall be thinned to appropriate standards as determined by a professional forester or the Larimer County Wildfire Safety Coordinator to reduce wildfire hazard. Thinnning on a lot shall be completed prior to issuance of building permits; 8. A water supply plan to be used for fire suppressioin must be reviewed by the Rist Canyon Volunteer Fire Department and Emergency Services, and approved by the Larimer County Wildfire Safety Coordinator.

Commissioner Disney asked if Davis Ranch Road would be improved from Rist Canyon Road to the proposed site. Mr. Reidhead stated the applicant proposes to improve Davis Ranch Road with grading and fill dirt, will grant a 40-foot easement along the property frontage of the road for which he has control, and a homeowners association (HOA) will be formed for the Ristvue projectand encouraged to participate with other existing road maintenance associations in the area.

Mr. Eldor Paul, the applicant, stated that his intent is to be a good neighbor, protect wildlife and mitigate adjacent property owner views of the new homes to the extent possible.

Mr. Wayne Arnt, area resident, requested clarification regarding the proposed conservation easement; is it for 40 years or perpetual? Will there be restrictions on the design/height/square footage of the homes? Who will pay to improve the road to a 40-foot easement? Mr. Arnt stated that he is also concerned with water and the lack of it in the Rist Canyon area. Mr. Arnt further stated that the Redstone HOA Board of Directors had signed a resolution regarding their willingness to have the new residents as members. Commissioner Rennels stated that the conservation easement is perpetual.

Mr. George Vidacs, area resident, voiced concerns about road conditions, water and the residual land.

Ms. Pat Baker, adjacent property owner, stated that she accessed her 10-acre parcel via an easement through proposed lot 1 and inquired whether or not that easement would remain after action by the Board. Ms. Baker stated she is concerned about the establishment of building envelopes and additional wells in the area; which could cause her well to go dry.

Ms. Martha Limrick stated concern with the potential sizes of the homes and the ability to be compatible with the surrounding area. Ms. Limrick also noted that constuction traffic would have an impact on the road and inquired as to who would be responsible for maintenance of the road during and after construction.

Ms. Kathryn Stowe stated concern with a third HOA in the area and recommended the applicant be required to join an existing association. Ms. Stowe noted that consideration should be given to the placement of driveways with respect to "Turkey Hill" and the hazards associated with that part of Davis Ranch Road. Ms. Stowe concured with previous concerns about road maintenance, turnouts and water issues. Commissioner Disney stated that the Board does not have the authority to intervene with HOA issues.

Ms. Barbara Wilson stated that the administrative process should allow for a neighborhood meeting; which in this case, could have addressed some of the previously mentioned concerns. Ms. Kristin Penda concured with all concerns previously mentioned.

At this time the hearing was closed to the public and Mr. Paul rebutted by asking clarification of the residual land being held in perpetuity or for 40 years. Mr. Reidhead stated that the due to the applicant expressing a desire for tax incentives, the law requires the land to be placed in a conservation easement in perpetuity. Mr. Paul stated that home sizes/design will be addressed in covnants and as for an easement across lot 1 for the adjacent property owner, there is no mention contained within his legal discription.

Mr. Mabry stated that the applicant is required to meet the standards contained within "Appendix G" of the County Road Manual. This, in part, requires the applicant to provide a 40-foot easement and a 20-foot roadway from Rist Canyon Road to the proposed site. Mr. Mabry further noted that any proposed driveway accesses would be reviewed and approved by staff.

Mr. Ryan stated that the Health Department will require a site plan; which is to scale for each site, prior to the issuance of any permits for septic systems. Mr. Ryan further noted that the proposal will be serviced by public water therefore wells will not be a concern.

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners approved the Ristvue Preliminary Rural Land Plan #00-S1644 as amended and outlined above.

Motion carried 3 - 0.

7. COTTONWOOD FARMS PRELIMINARY RURAL LAND PLAN: 02-07-68; GENERALLY LOCATED 2 MILES EAST OF INTERSTATE 25 ON THE NORTHWEST CORNER OF COUNTY ROADS 3 AND 48 (VINE DRIVE).

This is a request for preliminary approval to divide 119 acres of land in the following manner: a total of six units: one 47-acre farm with a single-family dwelling in a 3-acre building envelope; one 40-acre irrigated farm with a principal single-family dwelling and an accessory dwelling for farm help in a 4-acre building envelope; and four single-family residences on 8-acre lots. The total residential development is located on approximately 39 acres. The two farmstead lots (approximately 80 acres total) will be protected from further development by a perpetual conservation easement, under the RLUP. Staff findings are that this proposal is consistent with the policies of Section 5.8-Rural Land Use Process of the Larimer County Land Use Code. Support for the Cottonwood Farms Preliminary Rural Land Plan is based on the following: 1. Applicant's planning and design rationale for the project, which is consistent with the RLUP; 2. Applicant's willingness to dedicate the land into a perpetual conservation easement; 3. Conservation values of the residual land, including preservation of ag uses; 4. Careful location of residences for use of existing infrastructure; 5. The plan is generally compatible with the existing neighboring land uses.

Support for this proposed plan takes into consideration the various other land development 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 FA1-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 (3 density bonus units) are allowed under the Rural Land Use Process.

As proposed, this project will also provide commensurate long-term benefits to citizens of Larimer County. Those benefits are summarized below: a) Conservation easement in perpetuity with comprehensive management plan; b) Preservation of existing ag operation; c) Homeowners association protective covenants with architectural controls; d) Transportation capital expansion fees received from the project; e) School and park fees received from the project; f) Fewer residences than likely allowed through subdivision process; g) 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 Cottonwood Farms 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. Internal roads shall be dedicated for public use; 2. The applicant shall take access to the development as shown on the map attached to the notice to property owners dated August 2, 2000 from the Rural Land Use Center; 3. Public water shall be provided for this project. A letter of commitment from the East Larimer County 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. The residual land conservation easement and management plan must be reviewed and approved by the County Attorney and the RLUC Director prior to final plat approval; 5. 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; 6. The final development agreement must be reviewed and approved by the County Attorney prior to final plat approval; 7. Building envelopes shall be located on each lot; 8. The following must either be listed as a note on the final plat or a disclosure statement, approved by the County Attorney, available to lot buyers through the public records at the time of purchase: a) Prior to footing and foundation permits, a certificate by a surveyor confirming that the construction is within the building envelope designated on the final plat must be provided; b) 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 must 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 submittedc) The following fees shall be collected at building permit issuance for new single-family dwellings: Poudre R-1 school fees, Larimer County fees for County and Regional Transportation Capital Expansion, Larimer County Park Fee (in lieu of dedication), and Rural Land Use Process fees. The fee amount that is current at time of building permit application shall apply; d) 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; e) 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; f) 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 Lot owners; g) 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; h) Prairie dog colonies 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; i) 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; j) 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; 9. The applicant will encase the east-west irrigation ditch for the portion which crosses the development; 10. The applicant, or upon sale of the lots, the homeowner(s) will br liable for the replacement of irrigation tiles if damaged during construction; 11. The owner or future owner of residual lot A will have the right to the Special Review Process if they desire at any time, to have a public boarding stable; 12. The applicant will consult Kaneb Pipe Line Company prior to any construction on the site.

Mr. Reidhead stated that the County had adopted new road classifications recently; which now affect the access design of this application and that the emergency access will be the main entrance to the recently approved project Glenn Ridge Estates. Chair Olson inquired about the emergency access if Glenn Ridge Estates is not developed and Mr. Mabry noted that would cause a concern. However, the existing "road" is currently a driveway servicing an existing home and the applicant could work with that homeowner and the applicant for Glenn Ridge Estates to achieve an agreement for use as an emergency access.

Commissioner Disney asked if accident history is available for Vine Drive and Mr. Mabry stated that he has no knowledge of that history.

Much discussion ensued regarding the reclassification of Vine Drive and the now proposed layout of the internal road.

Mr. Ken DeLine, the applicant, stated that he intends to keep the stable private and in his ownership, and that covnants will address the number of animals allowed per lot. Mr. DeLine expressed concern with the proposed layout of the internal road now that Vine has been reclassified and suggested the Board consider his original design and emergency access.

Ms. Trudy Mc Elwee, stated that the "driveway" services her home and is not in favor of it servicing both subdivisions, but if it is, improvements need to be required to allow two vehicles to pass and future maintenance should be addressed. Ms. Mc Elwee stated that she is concerned with water issues and the affect construction could have on her property if subterrain tiles are damaged.

Mr. Marty Watz stated concern with the existing deed restriction for residual lot A; which required the original 100-acres be limited to only five homes. Currently lot A has a mobile home on a foundation, Mr. Watts continued, which was located there illegally and without notice to adjacent property owners. Mr. Watts requested the integrity of the existing covanant remain in place.

Mr. Tom Justin, representative of Kaneb Pipe Line Company, stated that a gas line exists on the site, and requested the developer work with the company prior to development.

At this time the hearing was closed to the public and Mr. DeLine stated that he will work with representatives of Kaneb but believes the gas line only "knicks" the corner of residual lot A where there will be no development. As for the drainage tiles, Mr. DeLine continued, he will work with staff to establish building envelopes for each lot that will not impinge on underground tile systems and the development will be served by public water, not wells.

Mr. Ryan stated that the soils in the area are good and septics will service the lots sufficiently. Commissioner Rennels asked if the applicant is willing to replace any drainage tiles; which may be damaged during construction and Mr. DeLine agreed.

Much discussion ensured regarding the unintended consequences of the reclassification of County Road 48 (Vine Drive) has had on this application.

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners approve the Cottonwood Farms Preliminary Rural Land Plan #99-RLP0029 as amended and outlined above.

Motion carried 3 - 0.

There being no further business, the hearing adjourned at 6:00 p.m.

TUESDAY, OCTOBER 17, 2000

ADMINISTRATIVE MATTERS

(# 665)

The Board of County Commissioners met with Frank Lancaster, County Manager; Chair Olson presided and Commissioners Disney and Rennels were present. Also present were Marc Engemoen, Director of Public Works; Mark Peterson, County Engineer; Rusty McDaniel, Project Engineer; Ralph Jacobs, Director of Human Resources; Donna Sena, Human Resources Specialist; Patsi Maroney, Benefits and Compensation Specialist; Carol Block, Director of Finance; Jennifer Jones, TEAM Fort Collins; K-Lynn Cameron, Open Space Manager; George Hass, County Attorney; Jeannine Haag, Assistant County Attorney; Dr. LeBailly, Director of Health and Environment; Donna Hart, Commissioner's Administrative Manager; and Deni La Rue, Community Information Officer. Recording Clerk: Jean O'Connor.

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

  1. APPROVAL OF THE MINUTES FOR THE WEEK OF OCTOBER 9, 2000:

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the minutes for the week of October 9, 2000 as presented.

Motion carried 3 - 0.

3. APPROVAL OF THE SCHEDULE FOR THE WEEK OF OCTOBER 23, 2000:

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners approve the schedule for the week of October 23, 2000 as submitted.

Motion carried 3 - 0.

    • Invitations: Ms. Hart reviewed pending invitations with the Board.

4. 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 October 17, 2000:

ACTION ITEMS: Appointment of Duane Pond to the Open Lands Advisory Board as the Planning Commission representative to fill an unexpired term effective October 17, 2000 and ending June 30, 2001.

A00-142 AGREEMENT TO AMEND/EXTEND CONTRACT FOR COUNTY SALE OF LOT 67, GLACIER VIEW MEADOWS 12 FILING TO BENJAMIN H. AND PAMELA K. JAMES

C00-56 ADDENDUM TO CONTRACT FOR SNOW REMOVAL BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND JIM NYTES dba JIM'S CONSTRUCTION MATERIALS OF ESTES PARK- GID #14

C00-57 ADDENDUM TO CONTRACT FOR SNOW REMOVAL BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND JIM NYTES dba JIM'S CONSTRUCTION MATERIALS OF ESTES PARK- GID #4

R00-214z RESOLUTION APPROVING AMENDEMENT TO THE LARIMER COUNTY LAND USE CODE

R00-215d RESOLUTION FOR THE DISSOLUTION OF LARIMER COUNTY LOCAL IMPROVEMENT DISTRICT #1986-2 BOYD LAKE SHORES AND 1990-1 FAIRWAY ESTATES

MISCELLANEOUS: Personnel Authorization request by Community Correction Department for a Program Specialist I.

LIQUOR LICENSES: The following licenses were issued: American Legion Post Home Association- 6%- Fort Collins, CO; Dunraven Inn- 6%- Estes Park, CO; Fargo County Roadhouse- 6%- Fort Collins; and Mexican Inn- 6%- Loveland, CO.

Motion carried 3 - 0.

5. RED RIBBON WEEK PROCLAMATION: Ms. Jones presented the Board with Red Ribbons and thanked them for their support in proclaiming the week of October 23rd, 2000 as Red Ribbon Week. Commissioner Rennels read a proclamation for the record.

6. DISCUSSION OF PRAIRIE DOG RELOCATION NOTIFICATION: Mr. Lancaster presented the Board with information regarding prairie dog relocation efforts in the Fossil Creek Reservior Area and asked the Board of they had any comments. Commissioner Rennels inquired about the relocation into a wetland area and Mr. Lancaster stated that he would follow up and report back.

7. HEALTH INSURANCE RENEWAL FOR 2001 PLAN: Mr. Jacobs requested Board approval on two issues 1. Health Insurance Renewal from PacifiCare, and 2. A proposed increase in the County-paid portion of the long-term disability. Ms. Sena stated that Pacificare's original proposal offered increases in premiums for the HMO (11.3%), POS (5.0%) and Indemnity (16.5%). However, a change to the prescription drug benefits is also proposed, which decreases the overall premium increase to 6.4% and 3.9% respectfully. Prescription benefits will will now be three tiered. The third tier will be for "non-formulatory" drugs or drugs that are not on Pacificare's approved list; these drugs will have a co-pay of $25 and $30 respectively.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve an overall premium increase of 6.71% for 2001 and a change to the prescription drug benefit to a three-tiered plan.

Motion carried 3 - 0.

8. SYLVAN DALE CONSERVATION EASEMENT EXPANSION: Ms. Cameron provided the Board with an initial review of an expansion of a conservation easement donated by Sylvan Dale Ranch and requested Board direction. Consensus of the Board is to proceed with the acquisition. The Board expressed appreciation of the donation and David Jessup's commitment to the protection of the Thompson Canyon gateway and open space.

9. DISCUSSION OF THE GOVERNMENT ACCOUNTING STANDARDS BOARD: Commissioner Disney expressed the concern over the constitutionality of being required to abide by new accounting standards from an entity that reports to no one. For the County to spend taxpayer dollars to inventory and account for roads and bridges as an asset on our balance sheet is a false statement; no one wants to purchase our roads and bridges Commissioner Disney noted. Ms. Block stated that state statue requires municipalities to follow "generally accepted accounting standards" and the SEC requires Larimer County to follow the same for the issuance of bonds. Mr. Lancaster stated that the new standards have been developed over the past 13 years, and the process is nearing the end; so challenging the constitutionality of it seems to be a mute point. Government agencies have argued over the infrastruction portion of the standards for years to no avail. Consensus of the Board is to discuss the issue further at CCI.

10. WORKSESSION: Mr. Lancaster requested Board approval for a waiver of the personnel policy requested by Natural Resources for Janelle Henderson's rehire.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve a waiver of the personnel policy requested by Natual Resources for Janelle Henderson.

Motion carried 3 - 0.

Mr. Lancaster stated that the Engineering Department is working with the Exor Corporation for a database-data model on a partnership basis and have requested a mutual non-disclosure agreement. The agreement, Mr. Lancaster noted, has been approved by the County Attorney's office.

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners approve and authorize the chair to sign a mutual nondisclosure agreement with Exor.

Motion carried 3 - 0.

A00-143 NONDISCLOSURE AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND EXOR

  1. COMMISSIONER REPORTS:
  2. Commissioner Rennels noted that CCI has agreed to allow Lew Wymisner to address tax credits at all district meetings.

    Chair Olson stated that the Welfare Oversight Committee has received support to have welfare reform addressed by the Legislature and more specifically the use of a sliding scale for determining benefits when a recipient is offered a job promotion.

    Chair Olson also requested Mr. Lancaster make note that next year, CC Allocation Committee will require a Board member to be designated to attend these meetings as a voting member.

  3. LEGAL MATTERS:

EXECUTIVE SESSION

M O T I O N

Commissioner Disney moved that the Board of County Commissioners go into executive session at 10:35 a.m. to discuss negotiations on the jail construction and discussion of a public health issue.

Motion carried 3 - 0.

Executive Session ended at 11:30 a.m.; no action was taken.

THURSDAY, OCTOBER 19, 2000

The Board of County Commissioners met with Frank Lancaster; Chair Olson presided and Commissioners Disney and Rennels were present. Also present were Marc Engemoen, Director of Public Works; K-Lynn Cameron, Open Space Manager; Jerry White, County Right of Way Agent; and Lori Smith, Accountant II.

EXECUTIVE SESSION

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners go into Executive Session at 10:55 a.m. to discuss land aquistion.

Motion carried 3 - 0.

Executive Session ended at 11:45 a.m.; no action was taken.

________________________________

CHERYL OLSON, CHAIR LARIMER

COUNTY COMMISSIONERS

MYRNA RODENBERGER

LARIMER OCUNTY CLERK & RECORDER

(S E A L)

A T T E S T

_________________________________

Jean M. O'Connor, Clerk to the Board

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