Loveland Bike Trail
 

PROCEEDINGS OF THE BOARD OF COUNTY COMMISSIONERS

Monday, December 11, 2000

LAND USE MEETING

(#676)

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 Charlie Johnson, Engineering; Matt Lafferty and Sean Wheeler, Planners II; Doug Ryan, Environmental Planner; Sylvester Mabry, Civil Engineer; Marc Engemoen, Director of Public Works; Rusty McDaniel, Project Engineer; and Jeannine Haag, Assistant County Attorney. Recording Clerk: Jean M. O'Connor.

The Board of County Commissioner presented the 2000 Environmental Stewardship Award as recommended by the Environmental Advisory Board. Recipients are Trees, Water and People; Volunteers of the Larimer County Master Gardener Program; and Stan Everitt for work in the Fossil Creek Reservoir Area Plan and Transfer of Density Unit Program.

Chair Olson stated that item #1 Whaley conservation Development #00-S1575 has been removed from the agenda. The applicant for Item #2 Loveland Commercial Plaza Lots 1-6, Block 1-6 Amended Plat #00-S1588 is requesting to be tabled to February 5, 2001 at 3:00 p.m.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners table Loveland Commercial Plaza Lots 1-6, Block 1-6 Amended Plat #00-S1588 to February 5, 2001 at 3:00 p.m.

Motion carried 3 - 0.

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

Mr. Lafferty corrected, for the record, the size of the proposed lots in item #4, which are 5.0 and 7.8 acres.

  1. SPINA RIGHT OF WAY VACATION: T6N-R70W SECTION 5

This is a request to vacate old Right-of-Way as a result of a realignment of CR-27. Staff findings include 1. No objections have been received from affected property owners, utility providers, or interested public agencies; 2. Vacation of the Right-of-Way will not diminish access to other property owners in the area; 3. There is no need to maintain this Right-of-Way. Staff recommendation is approval of the request to vacate the public Right-of-Way for County Road 27 within T6N-R70W, section 5.

4. WOODMANSEE MINOR LAND DIVISION: N 1/2 OF 24-09-69; LOCATED ALONG THE SOUTH SIDE OF COUNTY ROAD 68 APPROXIMATELY 1/2 MILE EAST OF COUNTY ROAD 15.

This is a request for a Minor Land Division to create 2 lots being 5.0 and 7.8 acres in area where 35 and 30 acre lots existed before. The balance of the property will be encumbered by a perpetual conservation easement. Staff findings include 1. The property is not part of an approved or recorded Subdivision plat; 2. The property is not part of an Exemption or Minor Residential Development approved under the previous Subdivision Resolution or a Minor Land Division; 3. The newly created parcels will meet the minimum lot size required by the applicable zoning district. For uses resulting in a significant public benefit, such as a fire station, the County Commissioners may waive the minimum lot size and minimum lot width requirements provided the proposed use meets minimum setbacks and sewage disposal requirements; 4. The newly-created parcels meet minimum access standards required by the County Engineer or the Colorado Department of Transportation as applicable. Staff recommendation is to approve the Woodmansee Minor Land Division Request with the lot size modifications subject to the following conditions 1. The applicant shall have the MLD final plat prepared, reviewed and approved by the Larimer County Planning, Engineering and Health Departments; 2. The applicant shall comply with the referral comments from the County Health Department, dated November 7, 2000 and signed by Doug Ryan; 3. The applicant shall comply with the referral comments from the County Engineering Department, dated November 7, 2000 and signed by Traci Downs.

5. LEVI ACRES SUBDIVISION RELEASE OF COLLATERAL: NW 1/4 05-04-69; AT THE INTERSECTION OF COUNTY ROAD 14 AND COUNTY ROAD 23, JUST WEST OF LONETREE RESERVOIR AND APPROXIMATELY 4 MILES WEST OF CAMPION.

This is a request for release of collateral/SIA for public improvements. Staff recommends approval of the release of the collateral in the amount of $72,142.42 for the improvements required for the Levi Acres Subdivision.

6. KELLY FARMS SUBDIVISION RELEASE OF COLLATERAL: SE 1/4 11-7N-68W; AT THE NORTHWEST CORNER OF THE INTERSECTION OF COUNTY ROAD 3 AND STATE HIGHWAY 14, NORTH OF FT. COLLINS & APPROXIMATELY 2 MILES EAST OF I-25.

This is a request for release of collateral/SIA for public improvements. Staff recommendation is to approve the release of the collateral in the amount of $183,712.00 for the improvements required for the Kelly Farms Subdivision.

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners approve Spina Right of Way Vacation; Woodmansee Minor Land Division #00-S1699; Levi Acres Subdivision Release of Collateral #98-S1362; and Kelly Farms Subdivision Release of Collateral #99-S1403 as amended and outlined above.

Motion carried 3 - 0.

7. LARIMER COUNTY/TOWN OF WINDSOR INTERGOVERNMENTAL AGREEMENT REGARDING COOPERATION ON MANAGING URBAN DEVELOPMENT.

Staff recommendation is to approve the proposed Intergovernmental Agreement, provided the Town of Timnath indicates acceptance of the location of the Windsor GMA boundary in the vicinity of Timnath. This information is not available at the time of writing the staff report.

Mr. Joe Plummer, Director of Planning for the Town of Windsor noted that the Town is in agreement with the county Planning staff.

Commissioner Disney inquired about the status of a parcel of land, S12-T6N-R68W, located between Timnath and Windsor. Mr. Tim Gains, from the Town of Timnath , stated that both Towns are close to a resolution on the property and that an Intergovernmental agreement (IGA) is being drafted to address the issue. Commissioner Disney suggested the Town of Timnath enter into an IGA with Larimer County if the Town wants the County to recognize the Timnath Area Plan..

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the Larimer County - Town of Windsor Intergovernmental Agreement contingent upon the Town of Timnath accepts the location of the Windsor GMA boundary.

Motion carried 3 - 0.

8. LOVELAND PIT SPECIAL REVIEW: SE 1/4 24-05-69: SE OF LOVELAND ON BOTH SIDES OF ST. LOUIS AVE. (CR13) NORTH OF SH 402.

This is a request for Special Review application to allow the mining of gravel for commercial uses at a 49.5 +- acre site. Staff recommendation is approval of the Loveland Pit Special Review #99-1321 with the following conditions 1. Operation of the Loveland Pit Special Review shall be as specified in the representations of the applicant and in the information contained in the file, #99-Z1321 or as modified by conditions of approval; 2. The applicant shall locate the proposed Asphalt Batch Plant to a centralized location to be later identified on the site plan; 3. The applicant shall contact the U.S. Department of Energy's Loveland office to coordinate mining and stockpiling activities adjacent to the Western Area Power Authority (WAPA) line easement; 4. The applicant shall show the proper dedication of right-of-way along St. Louis Avenue upon conclusion of mining; 5. The applicant shall provide a Traffic Impact Study for review and approval by the County Engineer prior to the Board of County Commissioners (BCC) public hearing; 6. The applicant shall provide the a hydraulic modeling study and erosion control report for review and approval by the County Engineer prior to the Board of County Commissioners (BCC) public hearing; 7. No parking, loading or unloading of any vehicles is allowed in the County right-of-way; 8. Trucks shall not back onto or use the County Road for a turnaround; 9. Larimer County will not issue overweight permits for trucks, and reserves the right to spot check weight on loaded trucks; 10. The applicant is responsible for prompt and complete removal of material spilled onto the County roadway; 10 (a). Transportation Capital Expansion Fees will be required in the accordance with duly enacted transportation capital expansion fee regulations then in effect. The transportation fees will be due at the time mining begins for this project; 11. The applicant shall submit an air pollution emissions notice and fugitive dust control plan specific to this site, for review by the Department of Health and Environment prior the hearing before the County Commissioners; 12. Prior to final approval, an air quality impact model estimating potential particulate matter concentrations and their relation to potential crystalline silica concentrations shall be submitted for review and approval by the County Department of Health and Environment. In this regard, it will be necessary to demonstrate that particulate matter concentrations at downwind properties will not be expected to exceed National Ambient Air Quality Standards for PM10 concentration, and that silica content of the mined material is within expected ranges; 13. Prior to starting operations on the site, the applicant shall provide a copy of the Colorado Air Emissions Permit for the mining operation to the County Department of Health and Environment; 14. The activities associated with this use shall be conducted in accordance with the fugitive dust control plan and Air Emissions Permit; 15. The applicant shall submit a stormwater management plan specific to this site, for review and approval by the department of Health and Environment prior the hearing before the County Commissioners; 16. Prior to starting operations on the site, the applicant shall submit a Colorado Process and Stormwater Discharge Permit for the mining and processing operation to the County Department of Health and Environment; 17. The activities associated with this use shall be conducted in accordance with the stormwater management plan and Colorado Process and Stormwater Discharge Permit; 18. The sand and gravel mining operations (including any asphalt and concrete plants) shall be operated in accordance with submitted noise mitigation plan and the Ordinance Concerning Noise Levels in Unincorporated Larimer County (Ordinance No. 97-3); 19. The applicant, Western Mobile Northern Inc., a subsidiary of LaFarge Corporation will conduct a study of the potential impact of gravel mining operations on the existing floodplain conditions in the vicinity of its Loveland Pit. The boundary of the proposed mining operation and the proposed floodplain study are identified on the attached map labeled Vicinity Map. The applicant shall conduct the study based on the topography as depicted by the September 1999 aerial topographical photo prepared by the applicant. Upon approval and acceptance of the study by Larimer County and the City of Loveland, the applicant shall submit the study to FEMA in the form of an application for a Letter of Map Revision. In the event the proposed mining plan would cause a rise in the floodwater surface elevation as compared with existing conditions, the applicant shall revise its mining plan so that a rise will not result from the proposed activities. Any violations of the Larimer County Floodplain Resolution on the LaFarge Property must be addressed to the satisfaction of Larimer County Engineering Department before mining may progress. The new flood study must be complete and submitted to the Larimer County Engineering Department prior to the hearing before the Larimer County Commissioners on this matter; 20. Southerly buffering area along the river would meet the requirements of the Land Use Code (Section 4.5); 21. All haul traffic will move south to State Highway 402 for distribution of material from the site; 22. The applicant agrees to place overburden stockpiles away from the upper edge of the riverbank on the east side of County Road 13C and consistent with the hydraulic analysis report dated October 2, 2000.

Mr. Wheeler stated that the applicant is ready to move forward and is no longer requesting to be tabled; however a call from the City of Loveland, received just prior to this hearing, requested the item be tabled to allow them to review additional materials. Mr. Wheeler further stated that the attorney for the owner of another gravel pit in the area also called and requests the Board add a condition that restricts operations on Saturdays.

Commissioner Rennels asked how long the City of Loveland has had to review information regarding the application and Mr. Wheeler stated since approximately February 2000.

Chair Olson asked why the applicant wanted to be tabled and then changed their mind. Ms. Mary Harnett, representative for the applicant, stated that the County Engineering staff, after the hearing before the Planning Commission, is requiring the applicant to either repair/improve the bridge to the north of the site or change the proposed haul route. At this time, Ms. Harnett continued, the applicant is proposing to change the haul route and not utilize the bridge by turning on 8th Street or going south. Commissioner Disney questioned the adequacy of using 8th Street and much discussion ensured regarding haul routes. Commissioner Disney stated that transportation issues/impacts exist which should have been addressed prior to this hearing and that the City of Loveland should have reviewed and commented on this application. Ms. Harnett stated that the applicant has met with Loveland staff many times and they have never mentioned concern over transportation; however the applicant is willing to commit to only utilizing a southerly haul route to State Highway 402.

Ms. Wilma Davis, adjacent property owner, stated that the applicant has been a good neighbor since 1970, but is concerned with the piles of construction materials in Phase I and how the piles will affect water flows to her property. Ms. Davis expressed concern over the potential for adverse impact to her property in the case of a heavy rain or flood. In conversation with the applicant, Ms. Davis stated, they agreed to a 150-foot setback of the piles from the river; however this commitment is not in writing.

Ms. Harnett rebutted and stated that the applicant agrees to pile materials as far from the river as possible; however, the properties are located in the floodway and as a requirement of Engineering staff, the activities at the site can not create a rise in the water. Ms. Harnett further stated that the applicant has met all the requirement of a special review and requested the Board take favorable action.

Chair Olson asked what issue the City of Loveland has that resulted in a request to table the item and Mr. Wheeler stated that only floodplain and air quality were mentioned. However, Mr. Wheeler noted, these issues have been discussed with the City on several occasions.

Chair Olson inquired about the asphalt batch plant and buffering issues raised by Loveland and Ms. Harnett stated that buffering is proposed in addition to the existing trees.

Commissioner Disney suggested that three additional conditions of approval be added which relate to the hours of operation on Saturdays; the haul route; and a setback of "piling" from the river. Commissioner Rennels stated that the request from the attorney of the other gravel pit in the area was received late and there is not justification or representative present, therefore she can not support a condition, which limits Saturday operations. Mr. Kevin Peir of LaFarge stated that if the other gravel pit agrees to limit their operations on Saturday, then he would also, but to only limit LaFarge is unfair. Ms. Harnett stated, with respect to piling, the applicant agrees to be consistent with recommendations contained in the hydraulic analysis report dated October 2, 2000.

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners approve the Loveland Pit Special Review #99-Z1321 as amended and outlined above.

Motion carried 3 - 0.

9. BIG BUCK RIDGE PLANNED DEVELOPMENT LAND DIVISION AND REZONING TO PLANNED DEVELOPMENT: SW 1/4 17-08-69; ON THE SOUTH SIDE OF US 287, NORTHWEST OF THE LAPORTE AREA.

This is a request for Preliminary Plat for a PD - Planned Development and Rezoning to Planned Development, to create 3 lots on a 35-acre parcel. Two lots will be for residential uses, and one will be for a combined commercial / residential use. The lots will be 10-acres, 10-acres and 15-acres in size. One of the smaller lots will retain the existing commercial use, and have a residence attached. Staff recommendation is approval of Big Buck Ridge Planned Development with the following conditions 1. The request for a total of 3 lots as depicted on the Preliminary Plan is approved. Lots A & C are approved for single family residential use. Lots B may continue to be used for the uses approved by the Special Exceptions 93-MV0260 and 93-MV0227 or in the alternative if those uses are discontinued (Lot B) the lot may be used for single family use. If this occurs all non-residential uses shall cease and may not be re-established. The commercial structure shall be removed or converted to accessory use if the special exception use is discontinued; 2. The applicant shall demonstrate they have satisfied all concerns of the State Engineer/Water Resources Division, to include providing the necessary reports and plans along with obtaining all required well permits, as contained in the State Engineer's letter dated August 14, 2000; 3. The Final Plat shall identify all wetland areas and indicate building envelopes to ensure no construction takes place in these wetland areas before the Board of County Commissioners Hearing; 4. The applicant shall comply with the requirements of the Larimer County Engineer, as contained in the Engineering Staff Reports dated July 28 and April 24, 2000, unless modified by the County Engineer or by the Board of County Commissioners; 5. The applicant shall comply with the requirements of the Larimer County Department of Health and Environment as contained in Staff Reports dated April 25 and July 26, 2000, unless modified by the County Engineer or by the Board of County Commissioners; 6. The applicant shall obtain all remaining, non-commercial Building Department inspections and permits for the existing structures at the site, and pay the outstanding associated fees prior to recording the final plat. If the commercial use is allowed, then the applicant shall comply with all commercial related inspections, permits and fees too; 7. The following fees shall be collected at building permit issuance for the new, single-family residential units; Poudre -1 School Fees; Larimer County fees for County and Regional Transportation Capital Expansion, and the Larimer County Park Fees (In Lieu of Land Dedication). The fees that are current at the time of building permit shall apply; 8. The areas shown as "Tracts" on the final plat should be relabeled as "Lots" on the final plat; 9. The following notes shall be on a final disclosure notice: a) Mosquitoes may be a nuisance on this property Larimer County is not responsible for mosquito abatement and any land owner initiated abatement activities must meet all Federal, State and Local rules and regulations; b) Prairie dog colonies exist in the area of this property and may migrate to this property. Prairie dogs have been known to carry plague. Larimer County does not perform prairie dog control; c) Existing agricultural activities in this are that may produce dust, odors and noise. Larimer County will not take any action to stop or hinder legal agricultural uses of nearby properties; d) There is the potential for wildlife interaction or property damage in this area. Property owners should take appropriate measures to protect property. Neither Larimer County nor the State Division of Wildlife is responsible for damage or control of wildlife; e) Passive radon mitigation measures shall be included in construction of residential structures on these lots. The results of a radon detection test 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 from 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; f) Engineered footing and foundation plans are required for all construction on these lots; g) Underground utilities are required; h) Prior to the issuance of footing and foundation permits, the applicant must provide a letter from a Colorado registered P.E. or a licensed surveyor, certifying that the new construction is within the approved building envelopes as shown on the recorded final plat; 10. The applicant shall submit a road maintenance agreement at Final Plat that addresses the road from Highway 287 through the site; 11. At Final Plat, the County Engineering Department shall review a plan to reduce and minimize dust from the parking lot.

Mr. Wheeler stated that prior to this hearing, there was one outstanding issue, which placed this item as for discussion. However, as of this morning, this issue has been resolved with the State Engineer and therefore the applicant and staff are in agreement.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the Big Buck Ridge Planned Development #00-S1562 as outlined above.

Motion carried 3 - 0.

There being no further business, the hearing recessed at 5:15 p..m.

CONTINUATION OF THE LAND USE MEETING

(#678)

The Board of County Commissioners reconvened at 7:00 p.m. with Larry Timm, Director of Planning; Chair Olson presided and Commissioners Disney and Rennels were present. Also present were Frank Lancaster, county Manager; Neil Gluckman, Assistant County Manager; George Hass, County Attorney; Linda Conners, Assistant County Attorney; Patrick Alexander, Humane Society; Matt Lafferty, Planner II; Doug Ryan, Environmental Planner; Marc Engemoen, Director of Public Works; Rusty McDaniel, Project Engineer; and Jeannine Haag, Assistant County Attorney. Recording Clerk: Jean O'Connor.

  1. PROPOSED ANIMAL ORDINANCE FOR LARIMER COUNTY

Mr. Gluckman provided background regarding the revisions to the Animal Ordinance and noted that if adopted, would be effective in 30 days.

Mr. Hass noted that Section IV. H. 1 and 2 seemed to be conflicting and suggested they be combined to read: Section IV. H. 1: "No person shall own, keep or feed any wild or exotic animal for which a state license is required unless such person possesses the appropriate license from the State Division of Wildlife including without limitation the following...."

Mr. Hass further noted that recent legislation has increased the Class 2 Petty Offense fine for up to $1000 and suggested the Board change Section VII.C to reflect the same.

Mr. Glenn Gibson, Loveland resident, questioned the wording of Section IV. C. 4 and noted that, by nature, cats will hunt/attack birds. Mr. Alexander stated that the County has never had an "animal at large" regulation and noted that the proposed ordinance refers to "nuisance", which could apply.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve adoption of a resolution to amend and restate Animal Ordinance #O00-03 with noted changes.

Motion carried 3 - 0.

R00-259g RESOLUTION TO AMEND AND RESTATE ANIMAL ORDINANCE

O00-03 ANIMAL ORDINANCE

2. SPECIAL AREA PLAN - DOUGLAS ROAD

Decision regarding the Special Area Plan requirement in Section 5.3.7.A as it pertains to the vicinity of the Vintage Conservation Development (CD) proposal. Chair Olson stated that this discussion would provide options available to the Board for consideration in determining if an area plan is warranted. If it is determined that an area plan is required, Mr. Lafferty noted that it would not apply to parcels less than 30-acres.

Mr. Lafferty noted that while there are benefits to all of these options presented in the staff report, the County staff believes that the most pressing issue that needs to be addressed for this region of the County is transportation. The staff also believes that there is a need for urban level transportation services to support proposed development, existing and approved uses in the area. Furthermore, it is the staff position that it would be un-reasonable to address regional land use and related issues at this time or as a part of this Special Area Plan requirement. Therefore, staff is recommending that the County Board of Commissioners determine that a Special Area Plan focusing on transportation is required, and direct the Larimer County Public Works Director to establish a scope of work, timing and funding for the Special Area Plan.

Commissioner Disney asked if consideration had been given to the memorandum provided from the Environmental Advisory Board and Mr. Lafferty stated that it was reviewed briefly, however staff believes the Land Use Code adequately addresses the issues raised.

Mr. Engemoen stated that traffic issues regarding the Vintage CD could not be addressed at this time and that the only access options available are State Highway 1 or through existing neighborhoods, and that neither of these options are viable solutions.

Mr. Paul Arbis, resident of County Road 13 (CR 13), stated that CR 13 is frequently used by farming equipment and livestock as well as recreational purposes and suggested that if an area plan is developed with an emphasis on transportation, consideration be given to the "historical uses" of the roads.

Ms. Kathleen Kilkelly, area resident, stated that current and future developments are impacting existing residents with respect to wildlife, light pollution, traffic and the speed of the traffic. Ms. Kilkelly noted that she agrees an area plan is needed and offered an alternative option. This option would focus primarily on transportation and sewer, but also include other adequate public facilities like parks and a fire station as well as input from the public.

Ms. Elizabeth Anderson suggested consideration be given to the water table in the area and school bus stops along State Highway 1 and Douglas Road. Ms. Anderson also noted that high density developments in the area will not be compatible with existing development and noted concern regarding the extension of sewer and the requirement to either go through or over the canal; neither of which would be acceptable.

Ms. Sue Whiteman stated that the area is rural and urban level densities are not feasible. Ms. Whiteman suggested staff verify that Boxelder is capable of servicing Shields to the west and I-25 to the east.

Ms. Karen Wagner stated that the intersection of Douglas Road and State Highway 1 is very dangerous. Ms. Wagner noted that she supports an area plan, which may evolve into a comprehensive plan with the City of Fort Collins and input from the Town of Wellington. Ms. Wagner further noted that the boundaries for the area plan should be expanded.

Ms. Mary Harnet stated that she seriously questions the ability of Boxelder to provide service. Ms. Harnet requested the Board consider 1. Written proof of sewer service from the provider; 2. The location and functionality of open space and transfer of density units; and 3. Specific requirement to include input from area residents.

Ms. Brigitte Schmidt stated that "planning" is crucial to the area and the development of a plan should include fairness principles.

Mr. Tim Anderson stated that he agrees a plan is needed and noted that area roads are hilly thus dangerous when entering. Mr. Anderson also noted that lakes and ditches in the area would be an impediment to a transportation plan.

Ms. April Kershaw stated that she agrees with all previous comments and supports an area plan.

Ms. Margaret Phillips stated that current residents are affected by traffic and related impacts of new development and requests that area residents be included in the study.

At this time the hearing was closed to public comment and Commissioner Disney asked Mr. Ryan to address the Boxelder expansion. Mr. Ryan stated that a district must comply with State requirements and regulations with respect to expansions and the County has little or no input. A developer can also request service from a provider and agree to pay for the expansion.

Commissioner Disney suggested citizens talk with District Boards regarding concerns of expansion and the ability to serve.

Mr. Lafferty addressed the high water table and noted that applicants will be required to comply with Section 8 of the Land Use Code with respect to basement construction and the water table. As for concerns over "piece meal development", Mr. Lafferty noted that projects should be reviewed on their own merits, but transportation needs to be reviewed for cumulative impacts.

Mr. Engemoen stated that this study will most likely be similar to others in that staff will solicit public input, open houses will be held, and there will be another public hearing once staff prepares a plan. Chair Olson asked why a specified area is not being recommended and Mr. Lafferty stated that first a need for an area plan must be determined, then staff will research the scope, funding and timing of the study.

Commissioner Disney asked if it would be possible to focus a study on a concentrated area, while keeping in mind future connections outside that area and Mr. Engemoen replied in the affirmative. Commissioner Disney asked if stormwater management is an issue in the area and Mr. McDaniel stated that Mr. Burns of Engineering has been working with the City of Fort Collins on the Dry Creek Master Plan.

Much discussion ensued regarding the scope of work, timing and funding. It is suggested that the City of Fort Collins, the Town of Wellington and Boxelder Sanitation be included in discussions.

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners determine that a Special Area Plan, which focuses on transportation, is needed and direct the Larimer County Director of Public Works to establish a scope of work, timing and funding for the Special Area Plan.

Motion carried 3 - 0.

There being no further business, the hearing was adjourned at 9:30 p.m.

TUESDAY, DECEMBER 12, 2000

ADMINISTRATIVE MATTERS

(#680 & 681)

The Board of County Commissioners met with Frank Lancaster, County Manager at 9:00 a.m.; Chair Olson presided and Commissioners Disney and Rennels were present. Also present were Mark Peterson, County Engineer; Marc Engemoen, Director of Public Works; Sean Wheeler, Planner II; Jerry Blehm, Director of Environmental Health; Mark Johnson, Emergency Services Coordinator; Jannelle Henderson, Director of Natural Resources; K-Lynn Cameron, Open Lands Manager; Claudia DeLude, Code Enforcement Officer; Jeannine Haag and Brian Treu, Assistant County Attorneys; Donna Hart, Commissioner's Administrative Manager; Deni La Rue; Community Information Manager; Jean O'Connor, Recording Clerk.

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

2. APPROVAL OF THE MINUTES FOR THE WEEK OF DECEMBER 4, 2000:

M O T I O N

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

Motion carried 2 - 0. Commissioner Rennels abstained since she was not present.

3. APPROVAL OF THE SCHEDULE FOR THE WEEK OF DECEMBER 18, 2000:

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners approve the schedule for the week of December 18, 2000 as amended.

Motion carried 3 - 0.

4. CONSENT AGENDA:

M O T I O N

Commissioner Rennels moved that item #5 Lease Agreement with Johnson Investments, Inc. be removed from the consent agenda.

Motion carried 3 - 0.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the following documents as listed on the consent agenda for December 12, 2000:

A00-174 DEVELOPMENT AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND GARY JACOBSON AND CECILIA JACOBSON AND JACOBSON INDUSTRIES, Ltd. REGARDING THE MOUNTAIN RANCH

A00-175 WARRANTY COLLATERAL AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND KELLY FARMS DEVELOPMENT LLC FOR KELLY FARMS SUBDIVISION

A00-176 WARRANTY COLLATERAL AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND HARTFORD HOMES, INC FOR STANTON BRIDGE PUD

A00-177 WARRANTY COLLATERAL AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND MIKE JANSMA FOR LEVI ACRES

A00-179 AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONER AND HANIFEN, IMHOFF FOR PROFESSIONAL SERVICES

R00-260s RESOLUTION FOR STATUTORY VESTED RIGHTS FOR THE MOUNTAIN RANCH R.L.U.P.

R00-261g RESOLUTION APPROVING TRANSFER AND ASSIGNMENT OF AGREEMENT TO OPERATE A CABLE TELEVISION SYSTEM IN LARIMER COUNTY, COLORADO BY COMCAST SCH HOLDINGS, INC TO UNITED CABLE TELEVISION CORP OF MICHIGAN

MISCELLANEOUS: Administrative policy and procedure 100.11A Internal Development Process- P00-02; Final Plat for The Mountain Ranch R.L.U.P.; Ramona Heights Lot 5A, Block 7, Lots 2A,2B,3A, and 3B and a portion of Lot 1B lying south of an existing road, Block 8 Amended Plat.

LIQUOR LICENSES: The following license was approved Masonville Store- 3.2%-Masonville, CO.

Motion carried 3 - 0.

At this time Chair Olson reqused herself from action on item #5.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the lease agreement with Johnson Investments, Inc.

Motion carried 2 - 0

A00-178 LEASE AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND JOHNSON INVESTMENTS, INC.

5. APPOINTMENTS TO LETA BOARD: Mr. Lancaster stated that the attorney for the Larimer Emergency Telephone Authority (LETA), John Frey, has provided recommendations from the involved communities for the LETA Board as follows Tim Gains, term to expire 12/31/01; Mary Moore, term to expire 12/31/02; S. Andrew Paratore, term to expire 12/31/02; Vince Towers, term to expire 12/31/02; and Steve Pauken, term to expire 12/31/02.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the appointments/re-appointments to the LETA Board as presented.

Motion carried 3 - 0.

6. ADOPTION OF CREDIT CARD POLICY: Mr. Lancaster stated that several departments have requested the ability to post job openings on the internet. However, in order to oblige this request, Mr. Jacobs must be able to pay for the postings with a credit card. This proposed policy amendment is to allow Mr. Jacobs, Director of Human Resources to utilize internet services for job openings.

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners approve adoption of Credit Card Policy OPS 320.1C as presented.

Motion carried 3 - 0.

P00-03 LARIMER COUNTY OPERATING PROCEDURES- USE OF CREDIT CARDS

7. SALARY INCREASE FOR CHIEF DEPUTY CLERK AND RECORDER: Mr. Lancaster stated that Mr. Doyle, Chief Deputy Clerk and Recorder has completed the probation period and that Ms. Rodenberger is requesting approval of an annual salary increase.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve a salary increase for Mr. Scott Doyle due his completion of the probationary period.

Motion carried 3 - 0.

8. APPROVAL OF DISCIPLINE POLICY: Mr. Lancaster requested this item be tabled to December 19, 2000.

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners table action regarding the Discipline Policy to December 19, 2000.

Motion carried 3 - 0.

9. RE-APPOINTMENT OF PEST INSPECTOR: Mr. Lancaster stated that this position is due for appointment and suggested the Board re-appoint Mr. Dave Lentz for a term beginning January 1, 2001 and ending December 31, 2002.

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners approve the re-appointment of Mr. Dave Lentz as the Larimer County Pest Inspector for a term as noted.

Motion carried 3 - 0.

10. OPEN SPACE ISSUES: Ms. Cameron stated that the County has been offered a three year first right of refusal on the purchase of the Siegmund property for a cost of $5000, which would later be applied to the purchase price and requested Board approval of the agreement.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve $5000 from the Open Space Tax for a 3-year first right of refusal agreement for the purchase of the Siegmund property.

Motion carried 3 - 0.

Ms. Cameron requested Board approval of an Intergovernmental Agreement with the City of Fort Collins for properties owned jointly in the Fossil Creek Reservoir Area.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve an Intergovernmental Agreement with the City of Fort Collins for properties in the Fossil Creek Reservoir Area.

Motion carried 3 - 0.

Commissioner Disney noted that the taxes on properties purchased is a 45%/55% split and should be considered when splitting the costs of land purchases.

Ms. Cameron stated that the City of Loveland is requesting Larimer County partnership with them and the Town of Berthoud for the purchase of development units on 327-acres of irrigated land just south of Ryan Gulch Reservoir. Ms. Cameron requested the Board appropriate $200,000 from the County's Open Space funds for the County's share of the purchase price.

M O T I O N

Commissioner Rennels moved that the Board of County approve a partnership with the City of Loveland and the Town of Berthoud and appropriate $200,000 from the County's Open Space funds for the purchase of development rights on 327-acres south of the Ryan Gulch Reservoir.

Motion carried 3 - 0.

11. REMOVAL OF A SINGLEWIDE MOBILE HOME FROM SADDLE RIDGE ESTATES: Ms. DeLude stated that a singlewide appears to have been abandoned on a lot within Saddle Ridge Estates. Staff has attempted to locate the owner as well as the entity who issued a temporary tag for the singlewide, but to no avail. Ms. DeLude request the Board authorize legal action immediately and bypass the public hearing stage since it is doubtful an owner would show at a public hearing.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners authorize immediate legal action regarding the abandoned singlewide mobile home in Saddle Ridge Estates.

Motion carried 3 - 0.

12. ADOPTION OF ESTES PARK TRANSFER STATION RATE INCREASE: Ms. Henderson stated the request for an increase in rates is to help reduce the subsidy given to the operation of the Estes Park Transfer Station. Commissioner Disney noted that there were no objections at the public hearing but a request for earlier notification of an increase was received.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve a rate increase for the Estes Park Transfer Station as presented.

Motion carried 3 - 0.

13. WAIVER OF LANDFILL TIPPING FEES: Ms. Henderson stated that Ms. DeLude contacted her regarding a waiver of tipping fees on four singlewide mobile homes for an elderly individual who is being enforced on by the County Attorney. The owner of these mobile homes, Ms. Henderson continued, stated that she could not afford the disposal fees of approximately $1000. Ms. Henderson cautioned the Board that affirmative action could be president setting for any citizen who is ordered to clean up their property. Commissioner Rennels asked if a lien could be placed on the property so the fees could be recovered upon the sale of said property. Ms. DeLude stated she would research this option. Consensus of the Board is for staff to pursue placing a lien on the property, however the property owner is responsible for hauling the homes to the landfill.

14. REQUEST TO TRANSFER $5000 TO THE 9 COUNTY REGIONAL EMERGENCY AND TRAUMA ADVISORY COUNCIL (RETAC): Mr. Johnson stated that the county has received annual grants from the State in the amount of $15,000 for use in developing a county Emergency Medical Services (EMS) plan and the implementation thereof. Mr. Johnson noted that at the end of fiscal year 2000 there will be approximately $5000 in unexpended funds and requested these funds be transferred to the new RETAC for assistance in development of a plan. This RETAC plan will replace the county EMS plan in 2002 at which time State grants will no longer come to the county EMS plan; they will instead be granted directly to RETAC. Mr. Blehm noted that $8000 has been budgeted from EMS to RETAC for fiscal year 2001.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the transfer of $5000 in unexpended Fiscal Year 2000 County EMS funds to the 9 County RETAC.

Motion carried 3 - 0.

15. WORKSESSION: Commissioner Disney stated that he was uncomfortable with portions of the land use hearing last evening relating to the Loveland Pit Special Review and haul routes. Commissioner Disney stated that it doesn't seem fair to restrict haul routes on some companies and not others. Mr. Engemoen stated that the County has utilized "No Truck Traffic" signage in the past, however it is difficult to enforce. Mr. Engemoen suggested that a temporary sign be placed on Saint Louis, 8th Street as well as County Road 13 in Loveland warning of a change in through truck traffic; work with the media for notification of a change and then place permanent signs restricting truck traffic.

16. LEGAL MATTERS: Ms. Haag requested verification of the Board's intent during the land use hearing on Loveland Pit Special Review to limit Saturday hours. Consensus of the Board is that the intent of the motion was not to limit Saturday hours of operation.

17. COMMISSIONER REPORTS: Commissioner Rennels noted that she and Mr. Lancaster attended a meeting with the City of Fort Collins regarding library funding.

EXECUTIVE SESSION:

M O T I O N

Commissioner Disney moved that the Board of County Commissioner go into executive session at 11:20 a.m. to discuss pending litigation and a personnel matter.

Motion carried 3 - 0.

Executive session ended at 1:00 p.m.; no action was taken.

______________________________

CHERYL OLSON, CHAIR

BOARD OF COUNTY COMMISSIONERS

MYRNA J. RODENBERGER

LARIMER COUNTY CLERK & RECORDER

(S E A L)

A T T E S T

_______________________________

Jean M. O'Connor, Clerk to the Board

Background Image: Loveland Bike Trail by Sharon Veit. All rights reserved.