PROCEEDINGS OF THE BOARD OF COUNTY COMMISSIONERS

Tuesday, February 20, 2001

ADMINISTRATIVE MATTERS

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The Board of County Commissioners met with Neil Gluckman, Assistant County Manager; Chair Rennels presided and Commissioners Bender and Gibson were present. Also present were George Hass, County Attorney; Jeannine Haag, Assistant County Attorney; Kathy Snell, Director of Human Services; Glen Rathgeber, Deputy Director of Human Services; Shelly Steele, Program Manager for Office on Aging; Marc Engemoen, Director of Public Works; Mark Peterson, County Engineer; Donna Hart, Commissioner's Administrative Manager; Deni La Rue, Community Information Officer; and Jean O'Connor, Clerk to the Board.

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

2. APPROVAL OF THE MINUTES FOR THE WEEK OF FEBRUARY 12, 2001:

M O T I O N

Commissioner Gibson moved that the Board of County Commissioners approve the minutes for the week of February 12, 2001 as presented.

Motion carried 3 - 0.

  1. APPROVAL OF THE SCHUDULE FOR THE WEEK OF FEBRUARY 26, 2001:

M O T I O N

Commissioner Bender moved that the Board of County Commissioners approve the schedule for the week of February 26, 2001 as presented.

Motion carried 3 - 0

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

4. CONSENT AGENDA:

M O T I O N

Commissioner Gibson moved that the Board of County Commissioners approve the following documents as presented on the consent agenda for February 20, 2001:

A01-32 LICENSE AND EXCHANGE AGREEMENT FOR GEOGRAPHIC DATA BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE COUNTY OF BOULDER

C01-08 SINGLE ENTRY POINT CONTRACT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE STATE OF COLORADO FOR THE USE AND BENEFIT OF THE DEPARTMENT OF HEALTH CARE POLICY AND FINANCING

C01-09 AMENDMENT TO THE INDEPENDENT CONTRACTOR AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND FORT COLLINS COLLISION REPAIR

C01-10 CHANGE ORDER LETTER ISP NON-RESIDENTIAL SERVICES CONTRACT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND DEPARTMENT OF CORRECTIONS, DIVISION OF ADULT PAROLE SUPERVISION

C01-11 CHANGE ORDER LETTER ISP SERVICES CONTRACT BETWEEN BOARD OF COUNTY COMMISSIONERS AND DEPARTMENT OF CORRECTIONS, DIVISION OF COMMUNITY CORRECTIONS

D01-06 DEED OF DEDICATION OF PROPERTY AS A PUBLIC HIGHWAY BY JACK C AND ROBYNN THORLEY WHITTER AND THE BOARD OF COUNTY COMMISSIONERS

MISCELLANEOUS: Amended Plat of Lot 1 of the Amended Plat of Lots 1 & 2, Jones MRD; Blue Mountain Subdivision Lots 53 & 36 Amended Plat; McCreery Subdivision Lot 11 and a portion of Lot 12 Amended Plat.

LIQUOR LICENSES: The following licenses were approved La Chaumiere Transfer of Ownership- 6%- Lyons, CO; Columbine Lodge- 3.2%- Bellvue, CO; Horsetooth Marina Resort, Inc.- 3.2%- Fort Collins, CO; Scorched Tree Bed & Breakfast- Bed & Breakfast- Bellvue, CO. The following license was issued Branding Iron Liquor- 6%- LaPorte, CO.

Motion carried 3 - 0.

5. DISCUSSION ON HB 01-1144:

Mr. Rathgeber stated that this bill would allow for the formation of Long-Term Care Community Councils and noted that staff opposes the bill in its current form, since there is not sufficient funding provided to meet the additional costs. Ms. Steele stated that the anticipated cost to Larimer County is estimated at $50,000. Chair Rennels further noted that this bill was also discussed at a CCI Committee meeting and was opposed by those in attendance. Consensus of the Board is to oppose HB 01-1144.

6. LARIMER COUNTY URBAN AREA STREET STANDARDS RESOLUTION:

Commissioner Gibson asked why the standards only apply to Fort Collins and Loveland and Mr. Peterson stated that those cities have adopted these standards. Mr. Engemoen noted that staff would continue to work with other municipalities in an effort to have standards the same in all designated Growth Management Areas.

M O T I O N

Commissioner Bender moved that the Board of County Commissioners approve a resolution adopting street design standards applicable to the Growth Management Areas for the City of Fort Collins and the City of Loveland.

Motion carried 3 - 0.

R01-43g RESOLUTION ADOPTING THE LARIMER COUNTY URBAN AREA STREET STANDARDS FOR FORT COLLINS AND LOVELAND

7. WORK SESSION:

Mr. Gluckman stated that a request has been received from Cinco de Mayo for a $500 contribution toward the community celebration. Consensus of the Board is to support Cinco de Mayo with $500 from the Commissioner's Special Projects Fund.

Mr. Gluckman provided copy of a proposal regarding compensation to the Coroner and suggested it be discussed with the County Attorney.

Mr. Gluckman informed the Board that the Legislative Breakfast is scheduled for March 12th at 7 a.m. in the Loveland Chamber of Commerce.

8. COMMISSIONER REPORTS:

Commissioner Bender noted that his meeting with citizens went well and that he met with Weld County officials this morning and "Water Banks" may be added to the agenda at the meeting this evening. Commissioner Bender also noted that he attended a field trip in the Horsetooth area with Mark Peterson and Scott Cornell, both from Engineering, regarding a complaint from an area resident and noted that he believes staff is handling the situation well. Commissioner Bender stated that he met with Mike Doten regarding open space and that the discussion was most productive and will be ongoing.

Commissioner Gibson stated that his citizen meeting went very well and that he met with the President of the Pinewood Springs Water Board/Association, which was also very informative. Commissioner Gibson also noted that he looked at some of the land proposed in the Federal Land Exchange.

9. LEGAL MATTERS:

Ms. O'Connor informed the Board that a Petition/Notice has been received from the Town of Estes Park regarding the annexation of the Pratt Addition.

Chair Rennels requested a legal opinion regarding wages for the coroner. Mr. Hass stated that Larimer County currently pays the coroner on a per incident basis, and that the wage proposed for the Coroner in Larimer County, is less than an average year. Mr. Hass does not believe the proposal will have an affect on Larimer County at this time.

Commissioner Gibson stated that he had questions about the term "in perpetuity" as that term is used to restrict development or use of property and whether that term may be misleading or give a false sense of security to citizens. Mr. Hass discussed briefly the old legal principle referred to as the "Rule Against Perpetuities" which requires property interests to ultimately vest in a designated owner/interest in the land. Ms. Haag stated

that it could be misleading in that it may be unrealistic for persons to believe that there will never ever be a way or circumstance under which a "perpetual" covenant or conservation easement might be modified. This issue will be considered and discussed further between the Commissioners and the County's attorneys.

EXECUTIVE SESSION

M O T I O N

Commissioner Bender moved that the Board of County Commissioners go into executive session at 10:40 a.m. for pending litigation.

Motion carried 3 - 0.

Executive session ended at 11:50; no action was taken.

LAND USE HEARING

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The Board of County Commissioners met with Larry Timm, Director of Planning; Chair Rennels presided and Commissioners Bender and Gibson were present. Also present were Matt Lafferty, Planner II; Claudia DeLude, Code Enforcement Officer; Sylvester Mabry, Civil Engineer; Doug Ryan, Environmental Planner; Jeannine Haag, Assistant County Attorney; and Jean O'Connor, Clerk to the Board.

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

1. SOLDIER CANYON ESTATES EASEMENT VACATION AND AMENDED PLAT: E. 1/2 11-07-70: OFF OF BLUE SPRUCE DRIVE IN THE SOLDIER CANYON SUBDIVISION

This is a request for an Amended Plat to vacate a utility easement and add a section of previously vacated right-of-way to Lot 18 in the Soldier Canyon Estates Subdivision. Staff findings are 1. The proposed amended plat and easement vacation complies with the Larimer County Land Use Code; 2. The proposed amended plat and easement vacation is compatible with other development in the surrounding area; 3. Approval of the amended plat and easement vacation will not result in any significant impacts to neighboring properties, the natural environment or the provision of services and infrastructure; 4. Property values in the surrounding area would not be adversely affected by the easement vacation. Staff recommendation is approval of the amended plat to add a previously vacated right-of-way request and to vacate a 10-foot utility easement between Lots 17 and 18 in the Soldier Canyon Estates Subdivision.

M O T I O N

Commissioner Bender moved that the Board of County Commissioners approve the Soldier Canyon Estates Easement Vacation and Amended Plat #01-S1725 as presented and outlined above.

Motion carried 3 - 0.

2. TOROK ZONING VIOLATION: 11083 W. COUNTY ROAD 18E, LOVELAND

This is an alleged violation of Section 4.3.9(D) Temporary Housing-"...Manufactured homes may be used to provide temporary housing for the owner of the property during the construction of a single family dwelling...The duration of this temporary housing can not exceed 18 months..."; Definition Recreational Vehicle "...to be used as a temporary dwelling..."; Definition Temporary"...not to exceed 30 days in any 12 month period..." Staff findings include 1. The property is zoned O-Open; 2. Recreational vehicles are designed for temporary occupancy. Temporary, in the Land Use Code, is defined as 30 days; 3. The owner has made no progress on the construction of the new house since 1996; 4. The owners building permits expired 3-25-98; 5. Even if the owner were to have valid building permits, the travel trailer would still not meet the requirements for temporary housing. A manufactured home, not a travel trailer, would be permitted if construction were occurring; 6. The owner continues to occupy the travel trailer in violation of the Land Use Code; 7. The continued use of the property, in violation of the Land Use Code, will affect property values in the area. Staff recommendation is 1. Find a violation exists; 2. Require compliance within 90 days. Compliance would require removal of the travel trailer from the property; 3. If the property owner wishes to continue building the single family residence, the owner must submit renewal application forms to the Larimer County Building Department for Permit 96-L5710 for the footing and foundation (renewal fee is $30.00), Permit 96-L6265 for the single family residence (renewal fee is $219.00); 4. The owner must also submit a renewal application for Permit 97-L2645 for a storage building (renewal fee is $60.00). This structure has had some inspections, however the building permit was never finaled. This renewal application must be submitted within 90 days; 5. Authorize legal action if the deadlines are not met.

Chair Rennels noted that there is no one present regarding this item, and suggested the timeline for compliance be moved to 90-days due to weather conditions.

M O T I O N

Commissioner Gibson moved that the Board of County Commissioners find the Torok Zoning Violation #00-ZV1461 exists and order compliance as outlined above within 90 days.

Motion carried 3 - 0.

  1. STARKEY ZONING VIOLATION: 3845 CAPITOL DRIVE, FORT COLLINS

Ms. DeLude stated that upon inspection of the property today, it is in compliance and removed the item from the agenda. Commissioner Gibson inquired about the complaint that someone is living in a camper and Ms. DeLude stated that she could not verify this complaint.

There being no further business, the hearing adjourned at 3:15 p.m.

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KATHAY RENNELS, CHAIR

BOARD OF COMMISSIONERS

MYRNA J. RODENBERGER

CLERK AND RECORDER

S E A L

(A T T E S T)

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Jean M. O'Connor, Clerk to the Board