PROCEEDINGS OF THE BOARD OF COUNTY COMMISSIONERS

Monday, March 19, 2001

LAND USE HEARING

(#16)

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 Sarah Flick, Environmental Planner; Dave Shirk, Estes Park Planner; Al Kadera and Sean Wheeler, Planner IIs; Jim Reidhead, Director of the Rural Land Use Center; Traci Downs, Civil Engineer.

Chair Rennels noted that the following items are consent and will not be discussed unless requested by the Board or members of the audience. Mr. Reidhead requested the Nauta Rural Land Plan be removed from the consent agenda.

1. MOULTON MINOR LAND DIVISION: PORTION OF THE NE 1/4 OF THE SW 1/4 OF SECTION 6, TOWNSHIP 5N, RANGE 69W; LOCATED ON EAST SIDE OF THE DEVIL'S BACKBONE RIDGE

This is a request to split a parcel on Devil's backbone; resultant Lot A will be used for a single family home while remaining Tract B will be added to Larimer County property on the ridge. Staff recommendation is approval of the Moulton Minor Land Division #01-S1731 for a Portion of the SW 1/4 of Section 6, Township 5N, Range 69W.

2. LOCKARD MINOR SUBDIVISION: THE SITE IS LOCATED AT 1541 DEVILS GULCH ROAD, WITHIN THE UNINCORPORATED ESTES VALLEY.

This is a request for a minor subdivision to combine two lots of record into a single platted lot. Staff recommendation is approval of the Lockard Minor Subdivision as presented.

M O T I O N

Commissioner Gibson moved that the Board of County Commissioners approve Moulton Minor Land Division #01-S1731 and Lockard Minor Subdivision as presented and outlined above.

Motion carried 3 - 0.

At this time Chair Rennels recused herself.

  1. NAUTA PRELIMINARY RURAL LAND PLAN: 27-09-69; GENERALLY LOCATED SOUTHWEST OF THE WAVERLY AREA AND ROUGHLY 5 1/2 MILES NORTHWEST OF THE TOWN OF WELLINGTON, 1/4 MILE SOUTH OF THE INTERSECTION OF COUNTY ROAD 19 (TAFT HILL ROAD) AND COUNTY ROAD 66
  2. This is a request to divide 80 acres into 4 single-family home sites and an accessory dwelling on approximately 20 acres and 60 acres of private residual land. The division will consist of Lots 1 and 2-two new 2 1/2 acre residential lots; Lot 3-one existing 8-acre residential lot for an existing residence and ag buildings; Residual Lot A-one 27-acre parcel that will be allowed agricultural support buildings only, no residences; and Residual Lot B-one 40-acre parcel with a 13-acre building envelope for one existing home plus a new farmstead accessory dwelling. The residual land will be owned and maintained by the current landowners and will be protected from further development by a 40-year covenant.

    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 Nauta 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. Conservation values of the residual land, including preservation of open space; 3. Careful location of residences; 4. The plan is generally compatible with the existing neighboring land uses; 5. Ability of residual land to serve as a buffer between Waverly, LaPorte, and Fort Collins.

    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 that this is an appropriate project.

    The site-based incentives (2 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 1. Protective covenant on residual land; 2. Preservation of open space and existing ag operation; 3. Homeowners 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 Nauta Preliminary Rural Land Plan #00-S1702. 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 and conveyed for public use; 2. Public water shall be provided for this project. A letter of commitment from Northern Colorado Water Association 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; 3. The two new lots must contain at least 2 1/2 acres each and a 100' lake buffer must be included outside the lot boundary; 4. 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; 5. Homeowners' covenants, including architectural controls, and provisions for internal road maintenance, must be reviewed and approved by the RLUC Director 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. The following must be listed as a note on the final plat and on a disclosure statement, approved by the County Attorney, available to lot buyers through the public records at the time of purchase a) Automatic fire protection sprinklers are required for all new residential structures or written permission for variance from this requirement from the fire district or the installation of a dry hydrant for fire fighting purposes. Fire hydrants and/or a public water supply are not present to provide fire protection; b) Passive radon mitigation measures shall be included in construction of residential structures on these lots. The results of a radon detection test conducted in new dwellings once the structure is enclosed but prior to issuance of a certificate of occupancy shall be submitted to the Building 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; c) Engineered footings and foundations are required for new residential construction; d) Lot owners should be advised that there is a potential for nuisance conflicts from wildlife (such as skunks, raccoons, foxes, coyotes, prairie dogs and snakes). The Colorado Division of Wildlife can provide information to property owners about how to handle these situations, but lot owners are responsible for addressing wildlife conflicts if they arise; e) During certain times of the year mosquitoes may present a significant nuisance. Larimer County does not have a mosquito abatement program. Any mosquito abatement activity will be the responsibility of the homeowner; such activity must be according to applicable Federal, State and local rules and regulations; f) Prairie dog colonies exist in the general area; prairie dogs can be a nuisance if they migrate to developed residential property. At times these animals are implicated in the transmission of plague to people or their pets. It is important for residents to observe animal control requirements for dogs and cats; g) Agricultural operations and farming practices on adjacent properties can produce odors, noise and dust. These are a normal part of agriculture and should be expected to occur. In addition, plowing, planting, cultivating, spraying, harvesting, and various livestock operations may be carried out at all times including nighttime; h) If livestock will be kept on these lots, it will be important to carefully manage grazing in order to maintain grass cover in the pasture. Overgrazing will produce bare ground, weeds, erosion and polluted runoff. Management of these lots should be coordinated with drainage and erosion control issues, siting of sanitation systems, fencing and feeding; i) Larimer County has adopted a Right to Farm Resolution; j) 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; k) Some or all lots in this development include building envelopes. All structures must be located within these Larimer County approved building envelopes, as shown on the approved subdivision plat. Prior to the approval of the footing and foundation inspection, the owner/applicant for a building permit will be required to demonstrate that the structure(s) is located within the building envelope. This shall be accomplished by a written certification by a Colorado Licensed Surveyor (form available from the Larimer County Planning Department). If the structure requires a county Setback and Use Permit rather than a building permit, this surveyor's certification is also required; l) Larimer County shall not maintain roads or streets in this development. Maintenance of the streets shall be the responsibility of the property owners. Failure to maintain streets may result in a lien being placed on these lots; m) 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; n) 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; 8. The historical access to the proposed parcel (centrally located on the west boundary of the property) shall also access the two new sites.

    Mr. Reidhead stated that he removed this item from consent because the applicant has recently requested to change the point of access from that which was presented in the staff report. The applicant, Mr. Reidhead continued, is proposing to utilize the existing "historic" access to the site instead of creating a new, longer access through the agricultural land. Mr. Reidhead stated that County Road 19 (Taft Hill) is classified as a "Minor Collector" road paraphrased that Section 8.6.3.B.c of the Larimer County Land Use Code states that whenever possible, access points on higher classification roads shall be separated by 600'. The historic access is closer to meeting this requirement than the originally requested access.

    Mr. Lee Nauta, the applicant, stated that the originally proposed access will pass through a hay field for approximately 1,100-feet and noted that the historic access is approximately 700-feet to the north or the originally proposed access and would minimize damage to the agricultural land.

    Commissioner Bender noted that the proposed change makes sense, and inquired as to any public safety impacts. Ms. Downs stated she is unaware of any major safety issues with the historic access and that sight distances are adequate. However, if the historic access is also preferred by the Board, Engineering staff recommends a condition that the historic access be in alignment with the access slightly further north on the other side of County Road 19.

    Commissioner Gibson inquired as to the benefit of aligning the accesses and Ms. Downs stated that alignment would be one distraction to the traffic on County Road 19.

    Mr. Nauta stated that the problem with moving the historic access further north is that there would be a significant "drop-off" which could be more of a traffic hazard.

    M O T I O N

    Commissioner Bender moved that the Board of County Commissioners approve the Nauta Rural Land Plan #00-S1702 as presented and amended to utilize the "historic" access to the site.

    Motion carried 2 - 0.

  3. ENGEL RIGHT OF WAY VACATION: 08-05-69; 4217 FIREROCK PLACE, NORTH OF HIGHWAY 34, WEST OF LOVELAND

Mr. Timm stated the applicant for this item has withdrawn the proposal.

5. ESLICK RANCH MINOR RESIDENTIAL DEVELOPMENT LOT 1 WELL EASEMENT VACATION: 04-07-71: OFF THE NORTH SIDE OF COUNTY ROAD #27 IN RIST CANYON

This is a request to vacate the well easement. Lots 1 and 2 in the Eslick Ranch Minor Residential Development each have working wells, however Lot 2 has the additional right to access the well on Lot 1 based on a note and "blanket easement" shown on the recorded plat. Staff findings include 1. Provided that all parties to the easement agree to the request, the proposed easement vacation would comply with the Larimer County Land Use Code; 2. Provided that all parties to the easement agree to the request, approval of the easement vacation would not result in any significant impacts to neighboring properties, the natural environment or the provision of services and infrastructure; 3. The easement vacation would not adversely affect property values in the surrounding area, provided that all impacted owners agree to its being vacated.

Mr. Wheeler explained that action for this item would require all parties involved to agree with the vacation of the easement. Mr. Wheeler explained the Board has no jurisdiction in this matter if all parties do not agree since the well easement is contained within a recorded covenant and is shown on the recorded plat.

Ms. Anita Eckstrom, the applicant, noted that the request is being made in order to clean up the deed for her parcel. Lot 2, Ms. Eckstrom continued, has a well that has been working for at least 11-years and that the original pipe from the well on lot 1 has been disconnected since the previous owner, United Bank, saw no purpose for the easement and/or Lot 2 utilizing the well on Lot 1.

Mr. Tim Hassler, representative for the applicant, stated that the owners of Lot 2 are the sole beneficiaries of the well easement and they do not concur with vacating the easement and noted the easement is a valuable asset to Lot 2.

Commissioner Bender asked if there are any concerns with the well on Lot 2 and Mr. Hassler replied in the affirmative.

Ms. Eckstrom stated there have been no problems in 11-years and noted the well on Lot 1 is not sufficient to supply both lots.

Mr. Jay Pollitt, owner of Lot 2, stated that the well on Lot 1 has supplied both lots in the past and noted the current well on Lot 2 appears to be going dry. Mr. Pollitt further stated that the pond; which is fed by the well on Lot 1 and is located within this easement on Lot 1, is utilized to irrigate the front portion of his lot, Lot 2.

Ms. Eckstrom pointed out that conditions of the State Well Permit prohibit irrigation of any portion of Lot 2 and is restricted to residential use only.

Ms. Haag noted that it seems clear that all parties do not agree with the request to vacate the well easement so the Board can not take affirmative action.

M O T I O N

Commissioner Bender moved that the Board of County Commissioners deny the Esklick Ranch MRD Well Easement Vacation #01-S1733.

Motion carried 3 - 0.

There being no further business, the Board recessed at 3:45 p.m.

LAND USE HEARING

(#16 & 17)

The Board of County Commissioners reconvened at 7:00 p.m. with Rob Helmick, Senior Planner; Chair Rennels presided and Commissioners Bender and Gibson were present. Also present were Jeannine Haag, Assistant County Attorney; Traci Downs, Civil Engineer; Mark Peterson, County Engineer; Doug Ryan, Environmental Planner; and Jean O'Connor, Clerk to the Board.

  1. HILL CONSERVATION DEVELOPMENT - PRELIMINARY PLAT: SITUATED IN A PORTION OF SECTIONS 22, 23 AND 26-08-68. WEST SIDE OF COBB LAKE, BETWEEN CO. RD. 52 AND 56

This is for approval of a Conservation Development Land Division Preliminary Plat to create 50 Single Family Residential Lots including appeal requests for gated private roads and a public equestrian center in the residual land. Staff recommends the following action for these requests:

  • Recommend denial of the request of an appeal of Section 5.3.6.B.1.b. for a public boarding stable on the residual land as proposed by the applicant. The use is only intended for the Homeowners.

  • Recommend approval of the request of an appeal of Section 8.14.2.M. for the proposed gated community/private road provided that such designation as a private road would not prevent its use as a secondary access to any contiguous development.

  • Recommend approval of the Preliminary Plan with the following conditions 1. The Final Plat shall be consistent with the information presented and submitted by the applicant, in the file except as modified by these conditions; 2. The applicant is responsible for the requirements for emergency access as outlined in the memo from the Poudre Fire Authority, dated 11/2/00; 3. The applicant shall follow the recommendations for development construction as outlined in the letter from the Division of Wildlife, dated 9/25/00; 4. The applicant is responsible for the improvements and the requirements as outlined in the memo from the Larimer County Engineering Department, dated 8/8/00; 5. The Final Plat shall respond to the concerns of the Larimer County Department of Health and the Environment as outlined in their memo, dated 10/25/00; 6. The applicant shall resolve the boundary issues identified by the Windsor Reservoir and Canal Company, as outline in a letter from Mayo Sommermeyer dated 8/14/00 prior to the submission of the Final Plat application; 7. The following fees shall be collected at building permit for new single family dwellings: Poudre R-1 school fees in lieu of dedication, Larimer County fees for County and Regional Transportation, and Larimer County Park Fee in lieu of dedication. The fee amount that is current at the time building permit application shall apply; 8. The applicant shall provide a Disclosure Notice to be approved by the County as a part of the Final Plat, and recorded with the Final Plat This notice shall provide notice to all future lot owners of the conditions of approval and special costs or fees associated with the approval of this project. Included but limited in this are the issues related to rural development, the need for engineered footings and foundations, the need for passive radon mitigation, and the issues raised in the review and or related to compliance with the Larimer County Land Use Code; 9. This approval does not include any improvements on any of the residual land beyond those shown in the pictorial submittal titled "The Hill" prepared by Downing Thorpe James; 10. The Management Plan shall reflect that water sufficient to support the continuation of existing agricultural uses at a quantity of at least 1-acre foot per acre within the irrigated Ag district portion of this development; 11. The following limitations on building height will apply to lots 25 - 50 the northern area a) For the purposes of this condition "Building Height" is defined as the vertical distance from a benchmark elevation to the highest point of the structure/roof surface, exclusive of architectural appurtenances, chimneys, cupolas, vanes etc.; b) At Final Plat the applicant shall determine the existing natural grade elevation at the midpoint of each lot building envelope, to be the benchmark from which the building height shall be measured. The elevation of the highest point of the structure/roof surface, exclusive of architectural appurtenances, chimneys, cupolas, vanes etc., of each building lot shall not exceed the sum of the benchmark elevation and 35 feet; c) The applicant shall provide a separate plan at Final Plat, which shall document the benchmarks and heights for each lot affected by the limits; d) No front or back elevation of any structure shall have an exposed vertical face, exclusive of roof, which exceeds 20 feet in height without a horizontal break of at least 10 feet; e) These standards may not be waived or varied; 12. Waiver of Section 8.14.2.M to allow a gated community/private road provided that such designation as a private road would not prevent its use as a secondary access to any contiguous development.

Mr. Helmick provided a letter from Ms. Jo Ann Swanson to the Board and for the record supporting the Hill CD.

Commissioner Gibson asked if there is a requirement to address the "life of the Cobb Lake" and Mr. Helmick stated no and that the land under the water is not considered in the calculation of the density of the development and that the lake is not part of this application.

Mr. Jay Stoner, applicant, stated the proposal meets the Land Use Code requirements for a conservation development (CD); is the first CD proposed under the new regulations and is an excellent precedent for rural development; and sensitivity to the different aspects of the site was taken into consideration. Mr. Stoner noted that the linear configuration is adequate for the topography, environmental restrictions and the preservation of the agricultural land. The design of the Hill CD is in cooperation with and direction from the State Division of Wildlife, Natural Resources and the Health Department. Mr. Stoner stated that concerns were raised during community meetings regarding development on the ridgeline; however there is no "ridgeline" just a hill, thus the name of the development "Hill CD".

Mr. Stoner stated that the Hill CD will have a different appearance under the new Land Use Code as compared to area development under the old regulations. The Hill, Mr. Stoner continued, will provide 400+ acres of open space and the current agricultural operation will continue. The covenants will prohibit outbuildings, storage of recreational vehicles and architectural controls will require building materials that blend with the rural character of the site as well as the requirement to minimize light pollution.

The Hill CD is a good precedent because wildlife corridors and habitat are protected and the Larimer Land Trust has expressed interest in placing a permanent easement on the riparian areas, shoreline buffer and the agriculture land. The Hill Homeowners Association (HOA), Mr. Stoner stated, will maintain the internal parks. Mr. Stoner noted his willingness to work with the existing HOA and the Preservation and Recreation Association with respect to use of Cobb Lake.

Mr. Stoner stated that the proposal is also requesting an appeal for gated private roads to preserve privacy and the rural aesthetics of the area. Mr. Stoner presented maps and explained the topography and layout of the Hill CD and noted that the applicant does not own the mineral rights to the site but has negotiated with a Union Pacific subsidiary to have only two oil wells as opposed to the eight allowed.

Commissioner Bender asked if the Management Plan would address a viable population of prairie dogs for raptors and Mr. Stoner relied that the a "safe zone" has been established between proposed lots and the "prairie dog town" and the HOA will budget to employ a professional to monitor this zone.

Chair Rennels asked if there are easements to the oil wells for maintenance and Mr. Stoner replied in the affirmative.

At this time the hearing was opened to the public and Mr. Dave Gordon, area resident, presented a position letter for the record.

Ms. Donna Gordon, area resident, stated the proposal is not compatible with the existing area and inquired as to specific architectural designs of the homes, i.e. how much glass would be allowed. Ms. Gordon also expressed concern for ridgeline development and insufficient setbacks from the high water mark of the lake.

Mr. Mike Manfredo, area resident, stated the proposal does not comply with the Land Use Code with respect to compatibility, size and design of the clusters, and ridgeline development. Mr. Manfredo suggested an alternative design and noted concern over the lack of discussions for alternative designs and asked when citizen input matters in the Board's decision.

Mr. Steve Roy, area resident, noted the proposed design of the development is such to maximize the financial return and stated that the development does not meet the criteria of the Land Use Code. Mr. Roy stated that the density is too high, the ridgeline is not protected and therefore existing residents can not access (benefit from) the residual land because the homes are on the ridge. Mr. Roy requested the proposal meet criteria to protect the rural character of the area, which includes impacts to existing residents. Mr. Roy noted that he is not requesting the Board deny the proposal, just that it should meet the criteria, redesign the clusters, stay off the ridgeline and protect wildlife corridors and habitat.

There being no further comment, Mr. Stoner rebutted by stating that he had hired a firm to create an image of what the development would look like at buildout through the human eye. The firm did this by taking pictures of the existing homes on the east side of the lake and superimposing them on the proposed site. Compatibility is not an issue.

Mr. Stoner also noted that the existing residents would like less homes at this site, however the regulations do not require new development remain out of sight from existing development. Mr. Stoner also clarified that the suggested layout provided by citizens places homes in the two oil well sites, drainage ways and in the agricultural land.

Mr. Stoner agreed that economics does play a role in the development and noted that buyers prefer views of the lake and that the homes on the east side of the lake are build on the highest points and are located on the lake.

Commissioner Gibson asked if the septics would be on the lake side or roadside of the proposed lots, and Mr. Rich Dvorak, consultant for the applicant, stated that generally the septices fields/ leach fields will be behind the homes; with a 2-acre site there is plenty of room for a primary and a secondary.

Chair Rennels inquired as to the status of the horse facility proposed and Mr. Stoner replied that the facility was proposed for public use until the development was established, but has now decided to wait and see if there is a demand from the residents and if so, build the facility at a later date.

Commissioner Bender noted that the Land Use Code basically addresses ridgelines west of State Highway 287 in the foothills, not east of I-25. Commissioner Bender further stated that small clusters do work and the size of a cluster is often determined on a site-specific basis.

Commissioner Gibson stated that the intent of ridgeline protection was for the foothills and expressed concern for the minimum one acre-foot of irrigation water proposed.

All the Commissioners encouraged citizens to contact members of the Land Use Code Technical Monitoring Committee and express their concerns with the Land Use Code.

Ms. O'Connor asked Mr. Stoner to clarify which portion of the development the Larimer Land Trust is interested in placing a permanent easement. Mr. Stoner stated that the Trust is interested in the shoreline buffer, the riparian areas and the agricultural land. The internal parks, Mr. Stoner continued, will be maintained by the HOA.

M O T I O N

Commissioner Gibson moved that the Board of County Commissioners deny the waiver of Section 5.3.6.B.1.b for a public boarding stable on the residual land as proposed.

Motion carried 3 - 0.

M O T I O N

Commissioner Bender moved that the Board of County Commissioners approve the requested waiver of Section 8.14.2.M and allow a gated community/private road provided that such designation as a private road would not prevent its use as a secondary access to any contiguous development.

Motion carried 3 - 0.

M O T I O N

Commissioner Gibson moved that the Board of County Commissioners approve the Hill CD Preliminary Plat as presented and modified above.

Motion carried 3 - 0.

There being no further business, the hearing adjourned at 9:00 p.m.

TUESDAY, MARCH 20, 2001

ADMINISTRATIVE MATTERS

(#18)

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 Marc Engemoen, Director of Public Works; Mark Peterson, County Engineer; Kathryn Rowe, Purchasing Manager; Deni La Rue, Community Information Manager; Donna Hart, Commissioner's Administrative Manager; and Jean O'Connor, Clerk to the Board.

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

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

M O T I O N

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

Motion carried 3 - 0.

3. APPROVAL OF THE SCHEDULE FOR THE WEEK OF MARCH 26, 2001:

M O T I O N

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

ACTION ITEMS: Approve the appointment of Donna H. Larson as Trustee for the Red Feather Mountain Library District to replace Ruth Kevan who resigned; Approve a request to waiver County Policy Section 207 to allow Christy Valdez, who is currently a temporary employee in the position, to fill the newly approved half-time Vehicle Licensing Technician I position.

ABATEMENTS: As recommended by the County Assessor, the following petitions for abatement are approved CB Potts; Elwood; Jaworski; and Thinnes.

A01-43 ADDENDUM TO SUBDIVISION IMPROVEMENT AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND LAKESIDE, LLC RELATING TO THE SUBDIVISION AND DEVELOPMENT OF VISTA @ COTTONWOOD SHORES PUD

A01-44 PROFESSIONAL SERVICE AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND VOTEC CORPORATION FOR NEW VOTER REGISTRATION SYSTEM

A01-45 CONSOLIDATED AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND UNISYS CORPORATION TO EXTEND SOFTWARE LICENSING ON UNISYS 2200/500

A01-46 AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND LARIMER COUNTY 4-H FOUNDATION FOR THE ESTABLISHMENT OF THE LARIMER COUNTY 4-H FOUNDATION PASS-THROUGH FUND

R01-49s RESOLUTION APPROVING THE RELEASE OF LOT SALE RESTRICTIONS FOR THE LITTLE MRD

MISCELLANEOUS: Hiawatha Heights Lots 1A & 1B, Block 11 Amended Plat.

LIQUOR LICENSES: The following license is approved Cordova's Horsetooth Lighthouse- 6%- Fort Collins, CO. The following licenses are issued White Buffalo- 6%- Loveland, CO; Pot Belly Restaurant and Lounge- 6%- Red Feather Lakes, CO; Classic Catering- 6%- Fort Collins, CO; and Lovin' Oven- 6%- Loveland, CO.

Motion carried 3 - 0.

  1. GOVERNMENTAL PURCHASING MONTH PROCLAMATION:
  2. Ms. Rowe presented the Board with a proclamation signed by Governor Bill Ownes and requested the Board also proclaim March as Governmental Purchasing month. Ms. Rowe stated that governmental purchasing organizations within the State of Colorado are committed to the highest ideals of honor and integrity in all public and personal relationships in order to merit the respect and confidence of the state and the public for which they serve. Chair Rennels read the proclamation for the record.

    M O T I O N

    Commissioner Gibson moved that the Board of County Commissioners proclaim March as Governmental Purchasing month.

    Motion carried 3 - 0.

  3. REQUEST FOR APPROVAL TO ADVERTISE, NEGOTIATE AND OFFER COMPENSATION TO A SENIOR ENGINEERING TECHNICIAN/CONSTRUCTION INSPECTOR

7. REQUEST FOR APPROVAL IN HIRING AN ENGINEERING TECHNICIAN II/CONSTRUCTION INSPECTOR

Mr. Peterson stated that Engineering has previously been approved for the above positions; however while the county was advertising these positions so was the City of Fort Collins. Seventeen applications, Mr. Peterson continued, were received for the Engineering Tech II position; four interviews were conducted and a candidate was selected. Staff is requesting approval to hire this applicant above the Step 5 level.

Mr. Peterson further stated that no qualified applications were received for the Senior Engineering Tech and requested permission to re-advertise and the ability to negotiate a wage above the Step 5 level.

M O T I O N

Commissioner Bender moved that the Board of County Commissioners approve hiring an Engineering Technician 2/ Construction Inspector above the Step 5 level and approve advertising, negotiating and compensating above a Step 5 in the Larimer County salary range in order to hire a qualified applicant for the Senior Engineering Technician/Construction Inspector position.

Motion carried 3 - 0.

8. WORK SESSION: None

9. COMMISSIONER REPORTS: Commissioner Bender noted that he attended the Environmental Advisory Board meeting and they will be providing comment on the proposed cell towers to be located on the ridgeline. Ms. O'Connor stated that if this is a pending development review application, the Board is prohibited from discussing it outside a public advertised hearing.

Commissioner Gibson stated that he attended a City of Loveland discussion pertaining to a drainage issue within the City limits and found it interesting to see how the City and the County work together.

Chair Rennels stated during her community meeting in Wellington, the Board was invited to visit "Harvest Farms" an affiliate of the Denver Mission. Harvest Farms, Chair Rennels continued, provides a great service to the community and encouraged the Board to visit the facility. Chair Rennels also noted that she and Commissioner Bender attended the opening of Habitat for Humanity in Loveland with Senator Wayne Allard.

  1. LEGAL MATTERS: None

There being no further business, the meeting was adjourned at 10:15 a.m.

WEDNESDAY, MARCH 21, 2001

PRIVATE ACTIVITY BOND HEARING

(#18)

The Board of County Commissioners met at 10:00 a.m.; Chair Rennels presided and Commissioners Bender and Gibson were present. Also present were Frank Lancaster, County Manager and Jean O'Connor, Clerk to the Board.

Chair Rennels noted that the item before the Board is the sale of private activity bonds for Genesis Innovations. Mr. Lancaster stated that the applicant has requested this item be tabled to April 18, 2001 at 10:00 a.m.

M O T I O N

Commissioner Gibson moved that the Board of County Commissioners table the private activity bond hearing for Genesis Innovations to April 18, 2001 at 10:00 a.m.

Motion carried 3 - 0.

There being no further business, the hearing was adjourned at 10:15 a.m.

_________________________________

KATHAY RENNELS, CHAIR

BOARD OF COMMISSIONERS

MYRNA J RODENBERGER

CLERK & RECORDER

S E A L

A T T E S T

_________________________________

Jean M. O'Connor, Clerk to the Board