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PROCEEDINGS OF THE BOARD OF COUNTY COMMISSIONERS

Monday, May 21, 2001

LAND USE HEARING

(#37)

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 Dave Shirk, Estes Park Planner; Claudia DeLude, Code Enforcement Officer; Rob Helmick, Senior Planner; Doug Ryan, Environmental Planner; Russ Legg, Chief Planner; Kristy Coleman, Development Review Engineer; Greg White, Attorney for Estes Park, Jeannine Haag, Assistant County Attorney; and Jean O'Connor, Clerk to the Board.

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

1. COULSON TEMPORARY STRUCTURE: 920 EAST LANE

This is a request to allow the applicant to live in their existing house while they build a new house on the same lot. The existing house will be removed upon completion of the new house. Staff recommendation is approval with the following conditions 1. A temporary Certificate of Occupancy will be issued upon successful final inspection of the new structure; 2. This temporary Certificate of Occupancy will expire 120 days after issuance; 3. Upon successful removal of the original structure and revegetation of the ground and true Certificate of Occupancy may be issued. Planning Staff shall conduct this inspection upon request of the applicant, and will forward a report to the building department authorizing issuance of the Certificate of Occupancy.

M O T I O N

Commissioner Bender moved that the Board of County Commissioners approve the Coulson Temporary Structure as outlined above.

Motion carried 3 - 0.

2. SUTTON LANE MINOR SUBDIVISION

This is an application for a minor subdivision to readjust property lines between four existing lots. Staff recommendation is approval with the following condition 1. Application shall be made for inclusion in the Northern Colorado Water Conservancy District and the Municipal Subdistrict prior to the County Commissioners approval.

Mr. Shirk stated that the applicant is not in agreement with the first condition of approval regarding the designated public right-of-way and that this was a boundary line adjustment that would not result in addition building lots. Mr. White addressed access issues and noted that there would not be a public impact increase as a result of this application. The Estes Valley Planning Commission added the right-of-way dedication.

Ms. Lucia Liley, representative for the applicant deferred presentation until after public comment.

Ms. Nancy Brown, area resident stated the Planning Commission required the public road dedication right-of-way because the application is a subdivision- not just a boundary line adjustment. Ms. Brown stated that area and adjacent property owners will be affected and that numerous easements are dedicated along the road. The previous owners of the proposed site, Ms. Brown continued, granted existing property owners access and that permitted access should not change with a transfer of ownership.

Ms. Liley rebutted that notice was sent to area residents for public hearings and that the Brown's attended 2 Planning Commission hearings. Ms. Liley reiterated that the application is a boundary line adjustment and that the property is zoned for three buildable lots, which is what is proposed. The other two lots are open space tracts and there would be no additional impact. Ms. Liley requested the Board approve the application without the added condition from the Planning Commission.

M O T I O N

Commissioner Gibson moved that the Board of County Commissioner approve Sutton Lane Minor Subdivision as outlined above by staff.

Motion carried 3 - 0.

  1. GILMARTIN ZONING VIOLATION: 3316 W. VINE DRIVE, FORT COLLINS

This is an alleged violation of Section 4.1.1 Outside storage is not a permitted use in the FA-Farming zoning district. Junkyards are not a permitted use in the FA-Farming zoning district. Definition: Junkyard: "A facility for the display, storage, collection, processing, purchase, sale, salvage or disposal of used or scrap materials, equipment, junk vehicles, appliances or other personal property whether of value or valueless..." Definition: Enclosed Storage: "A facility where goods are kept in a completely enclosed building."

Staff findings include 1. The property is zoned FA1-Farming; 2. The FA1-Farming district does not permit junkyards or outdoor storage; 3. The semi trailers are not considered buildings, and therefore are not permitted to be used for storage; 4. The semi trailers are not licensed and are therefore considered junk; 5. There is miscellaneous storage outside, around the semi trailers; 6. The continued use of the property, in violation of the zoning regulations, will affect property values in the area; 7. Although not confirmed, there could potentially be a painting business being operated from this parcel. Evan Gilmartin has stated that there is not. Keith Gilmartin has stated that there is. Because this has not been confirmed as a violation, it shall be noted for the record, yet not addressed in staff's recommendations. Staff recommendation is to find that a violation exists; require compliance within 30 days and authorize legal action if the deadline is not met. Compliance requires that the semi trailers be removed from the parcel, all unlicensed/inoperable vehicles be licensed/operable or removed, and all outside storage be removed.

Mr. Evan Gilmartin stated that he is on the deed for the property and responsible for the mortgage. Currently, Mr. Gilmartin continued, there is a dispute between his brother Keith and his mother, owners of the property, and requests the County assist with clean-up of the property by finding a violation exists.

No public was present to comment on this item.

M O T I O N

Commissioner Bender moved that the Board of County Commissioners find a violation exists and require compliance as noted above.

Motion carried 3 - 0.

4. PRAIRIE TRAIL PLANNED UNIT DEVELOPMENT REPLAT OF LOT ONE BLOCK ONE PRELIMINARY PLAT AND PLANNED DEVELOPMENT ZONING: 20-05-69; LOT 1 BLOCK 1 PRAIRIE TRAILS PUD OFF OF SINGLETREE DR. ADJACENT TO THE SOUTH SIDE DITCH.

This is a request for Preliminary Plat and Planned Development zoning to divide an existing lot of 2.74 acres into 4 lots of approximately .5 acres each. Staff recommendation is approval of Prairie Trail Planned Unit Development Replat of Lot one, Block One Preliminary Plat and Planned Development Zoning 01-S1722 with the following conditions 1. The applicant shall provide documents at Final Plat, which shall serve to join this project with the existing HOA and covenants of the Prairie Trails PUD or mimic them; 2. The following fees shall be collected at building permit issuance for new single family dwellings: Thompson R2-J fees in lieu of dedication, Larimer County fees for County and Regional Transportation Capital Expansion, Larimer County Park fee in lieu of dedication and drainage fees for the drainage basin. The fee amount that is current at time building permit application shall apply; 3. The applicant shall provide a Disclosure Notice that at a minimum addresses or provides notice to potential buyers about the following issues: groundwater, radon and mitigation, requirements for engineered footing and foundations, rural area issues, participation in the Prairie Trails PUD HOA or mimic, the existence of the ditch agreement with the South Side Ditch, roads are not maintained by Larimer County, and requirements to pay fees and, the building envelope and location certification requirements; 4. The applicant shall provide the necessary agreements with the South Side Ditch Company prior to approval of the Final Plat; 5. To the greatest extent possible the final grading plan, landscape plan and lot development shall preserve the existing trees on the new lots; 6. The applicant shall designate a building envelope for Lot 4 in the Final Plat; 7. The Final Plat shall be consistent with the plan presented to the Larimer County Planning Commission at the hearing; 8. Prior to the submission of the Final Plat application the applicant shall coordinate with the Larimer County Department of Health and Environment to determine: if a dump exists at the site, the nature of the dump and to remediate the site, if determined necessary. Any remediation of the site shall occur prior to final approval of the final plat will be guaranteed as a part of the Development Agreement.

Mr. Helmick stated that the applicant and staff are in agreement, however the Prairie Trails Homeowner's Association (HOA) and some neighbors have concerns. Mr. Helmick stated that the attorney for the developers of Prairie Trails has indicated the need for this developer to reimburse the original developers a percentage of certain fees as well as the Board requiring future homeowners participation in the Prairie Trails HOA. Mr. Helmick further clarified that the applicant's proposal is not part of the Prairie Trails Subdivision PUD HOA or covenants, but that this applicant had negotiated an access on her property with the Prairie Trails developers.

Ms. Pamela Keever, the applicant, stated that the application is only adding three lots; the developer will provide landscaping and maintenance would be by the HOA; and the proposed density is compatible. Lots 3 and 4, Ms. Keever stated are smaller due to a 50-foot easement granted to South Side Ditch. Ms. Keever further stated that reimbursements shall not be paid according to statute. Ms. Keever stated that she is willing to join the existing HOA, is will to change the name of the internal street, agrees to existing covenants, setback and controls of that HOA if the members of the HOA vote in favor of this development joining.

Mr. Ken Morey, a Loveland resident and original developer of Prairie Trails voiced concern with the open space tracts and the ownership of. Additional concerns, Mr. Morey continued, compatible setbacks, street naming, all lots do not back to the open space, and that all utilities be underground.

Mr. Roger Johnson, HOA representative, stated the main concern of the HOA is density and that the proposed lots are approximately 6000 sq. ft. smaller than the smallest lot in Prairie Trails. Mr. Johnson also urged the Board to require the applicant comply with the Prairie Trails HOA and architectural controls and that the open space tracts be placed in the name of the HOA.

Mr. Gerald Boedecker agreed with previous statements and requested the applicant contribute to road maintenance.

Mr. Roy Bishoff, Mr. Steve Mihalchick, and Mr. Ed Letz agree with previous statements.

At this time the hearing was closed to the public and Ms. Keever stated that the open space tracts would be labeled as "Out Lots"; improvements to lot 1 will benefit the entrance to Prairie Trails; only lot one is not adjacent to open space but is willing to remove a fence between lot 1 and Mr. Bishoff to give the elusion of open space; and that all utilities are proposed underground around the cul-de-sac.

Chair Rennels asked if Ms. Keever is willing to commit to joining the HOA and Ms. Keever stated that she is but that the members must vote in favor. If members do not vote in favor, Ms. Keever stated that she is willing to comply with standards and share in that portion of the road maintenance.

Chair Rennels expressed concern with recommendation #3 if the existing HOA does not vote in favor of having Ms. Keever's development join. Mr. Helmick suggested the words "or mimic" be added to both conditions 3 and 1.

M O T I O N

Commissioner Gibson moved that the Board of County Commissioners approve the Prairie Trail PUD Replat of Lot 1 Block one as amended and outlined above.

Motion carried 3 - 0.

There being no further business, the hearing recessed at 4:45 p.m.

LAND USE HEARING

(38, 39, 40, & 41)

The Board of County Commissioners reconvened at 6:00 p.m. Rob Helmick, Senior Planner; Chair Rennels presided and Commissioners Bender and Gibson were present. Also present were Jeannine Haag, Assistant County Attorney; Sean Wheeler, Planner II; Doug Ryan, Environmental Planner; Roxanne Hayes, Development Review Engineer; Michelle Yeager, Planning Technician and Jean O'Connor, Clerk to the Board.

1. SPRAGUE-BUFF QUARRY SPECIAL REVIEW: 26-06-70; ON THE WEST SIDE OF COUNTY ROAD #27, SOUTH OF MASONVILLE AND NORTH OF U.S. HIGHWAY #34

This is a request for a Special Review application to allow the mining of sandstone and moss rock for commercial uses at a 9.9+- acre site. Staff recommendation is approval of the Sprague-Buff Quarry Special Review application subject to the conditions 1. Operation of the Sprague-Buff Quarry Special Review shall be as specified in the representations of the applicant and in the information contained in file #00-Z1354 unless modified by conditions of approval; 2. The term of approval for this Special Review will be 25 years. Every five years there shall be a mining, reclamation and compliance review by Larimer County staff and/or Commissioners, if in the County's discretion it is necessary to do so to protect the public health, safety and welfare. **This condition, with modifications as determined by staff and the County Attorney to reflect that the review will be for compliance with conditions of approval.**; 3. The Applicant shall obtain all required State and / or Federal permits (including APEN or an exemption, a Colorado Process and Stormwater Discharge Permit, and MLRD 112 permit) and provide copies of the permits or authorizations to the Planning Department for the file within 6 months of the approval from the State and prior to commencement of mining within the expansion area.; 4. The applicant shall upgrade the existing access road and entry point onto County Road 27 to comply with the current Larimer County Road Standards (to include a 24-foot wide all weather surface) within 6 months of the approval from the State and prior to commencement of mining within the expansion area. The design must be reviewed and approved by the County Engineer before beginning construction. The applicant shall also provide a dedicated easement for the use of properties that currently use the road; 5. The applicant shall submit a plan for review and comment by the Loveland Fire Protection Bureau, in lieu of providing a second point of access to the site. The applicant must provide Larimer County with a copy of the Fire Bureau's comments and requirements for road design along with the storage and handling of hazardous and explosive materials at the site, and also agree to comply with all of the Fire Bureau recommendations; 6. The applicant shall obtain County Engineering Department and Health Department approval on drainage and erosion control plans prior to applying for their State Mining Permit. Arkins will remove tailing remnant piles and place the tailings out of sight in non-mined storage areas. No remnant tailings will be put into the ravine; 7. The applicant must pay the Transportation Capital Expansion Fee as determined by the County Engineer within 6 months of their approval from the State and prior to commencement of mining within the expansion area; 8. The applicant shall provide a landscaping plan for review and approval by the Planning Department following approval from the State for the Mining Permit and prior to commencement of mining within the expansion area. Larimer County retains the option to modify the landscaping plan to provide for buffering and screening per the requirements in Section 8.5 of the Land Use Code; 9. The approval of the Sprague-Buff Quarry Special Review 00-Z1354 shall be null and void if, at any time after the date of approval by the Board of County Commissioners, the subject mining operation substantially ceases for a period of 2 years; 10. The operator shall provide the Larimer County Planning Department a copy of their annual report to the State that details overall compliance with the stormwater management plan and a copy of the annual report required by the State Mined Land Reclamation Board. In addition, Arkins will annually submit a specific report to Larimer County concerning compliance with the Special Review Conditions and giving particular attention to reclamation accomplished in the previous year and anticipated reclamation in the coming year; 11. The quarry and processing operations shall be operated in accordance with a noise plan reviewed and approved by the County Health Department under the standards set found in the Ordinance Concerning Noise Levels in Unincorporated Larmier County (Ordinance No. 97-3); 12. The applicant shall allow access to the Carter Family Cemetery for members of the Carter Family and their guests, and guarantee that no mining activities will take place within 50 feet of the Cemetery boundary, including the stockpiling of materials or storage of vehicles and equipment. If requested, the applicant shall install a fence around the cemetery; 13. The applicant shall provide a plan to notify neighbors of their blasting schedule to be reviewed and approved by the Planning Department which will not allow blasting on the weekends; 14. The applicant shall also provide a list of holidays that the operation is closed, and shall not operate the quarry on those days. The applicant is restricted to the following hours of operation; Monday through Friday, 7 a.m. to 5 p.m. and Saturday and Sunday, Closed; 15. The applicant shall provide a revised Fugitive Dust and Erosion Control Plan specific to this site, to be reviewed and approved by the County Engineering and Health Departments and prior to commencement of mining within the expansion area; 16. No parking, loading or unloading of any vehicles is allowed in the County right-of-way; 17. Trucks shall not back onto or use the County Road for a turnaround; 18. Larimer County will not issue overweight permits for trucks, and reserves the right to spot check weight on loaded trucks; 19. The applicant is responsible for prompt and complete removal of material spilled onto the County roadway; 20. The activities associated with this use shall be conducted in accordance with the approved stormwater management plan and Colorado Process and Stormwater Discharge Permit; 21. The applicant shall notify Larimer County within 5 working days of their approval from the State of Colorado for their mining permit and prior to commencement of mining within the expansion area. Notification shall include a complete copy of the approved State permit and its exhibits or attachments; 22. When an area is depleted and can be reclaimed without danger of destruction from further quarrying activities nearby, it will be reclaimed promptly; 23. As stone is cut and tailing material produced that is not otherwise usable by Arkins, it will be hauled to the yard where it will be available to the public for purchase. Any remaining tailings will be disposed of in the other Arkins quarries in established tailing areas. This will assure that there are no permanent tailing deposit areas; 24. Exposed road cuts (i.e. the road up to the rental house, the road to the Freeman house, and any new roads) will have soil placed and grass/trees installed. Arkins will work with Larimer County in this process.

Chair Rennels stated that the Board has visited the proposed site with staff as well as individually at different times of the day. Mr. Wheeler provided a brief background on the proposal.

Mr. Rick Zier, attorney for the applicant, requested all parties address a reasonable approach and compromise to the proposal. Mr. Zier stated that the application complies with the Land Use Code and that this type of quarry has a visual impact. Mr. Zier provided background information of the quarry and the history of quarries in general for the area, noting the uniqueness of this quarry and its material. The quarry is subject to State requirements and regulations as well as reclamation of the site.

Mr. Kevin Herd, VibraTech Engineering, explained monitoring vibrations and air vibration measures assessed and the method used during blasting at the site.

Mr. Ross Millekin, an appraiser for the applicant, stated that he was asked to analyze real estate values in the area and determine if the quarry affected property values. A review of nine home sales in the area showed an average appreciation rate of 10.9%. In a 15-mile radius, Mr. Millekin stated, the annual appreciation rate averaged 9.43% and noted the State average is 6%. Two neighborhoods were also analyzed, Mr. Millekin continued, which have no impact from the quarry at all, and the annual appreciation rate was 9.85%. In conclusion, Mr. Millekin stated that this research does not show that the quarry has an adverse affect on property values.

Mr. Zier stated the applicant is willing to have periodic neighborhood meetings to address concerns of residents as well as daily notification of complaints.

Mr. Bob McGlasson and Mr. Steve Carty provided a 20 minute power point presentation and requested the Board deny the proposal for the following reasons: 1. Not compatible with the surrounding residential area; 2. Applicant has not complied with previous requirements of Special Reviews; 3. Is a change in land use since the property currently has a residence on it; 4. Not a commercial mineral for extraction under State regulations; 5. Ridgelines are not protected; 6. As a gateway to western Larimer County, the quarry is an eyesore; 7. Detrimental impacts to wildlife habitat and corridors; 8. Viewshed and ridgeline impacts; 9. Does not comply with county noise ordinance; 10. No dust mitigation; 11. Adverse drainage impacts on adjacent properties; 12. Does not comply with the County Master Plan; 13. Traffic impacts and 14. Adverse impact on property values. Mr. Carty requested that mining operations remain within the current boundaries, the applicant be required to comply with previous conditions of approval, stop expansions, and for the County to provide a Special Area Plan for this area.

Mr. Don Shannon, an appraiser in the area for 35 years, stated the issue at hand is land use and compatibility, for which both sides have property rights. Viewsheds are impacted and the overall appreciation in the Front Range is a minimum of 10.5%, so property values have been affected and asked how much further must values fall before the open pit mining stops. The quarry is an industry and will cause more industry to come to the area. Mr. Shannon stated that the industry is not compatible and cumulative affects lay waste to the area. Mr. Shannon also agreed with statements made during the presentation and requested the Board deny the application and require an area plan.

The following citizens concurred with statements and concerns raised in the presentation and requested the Board deny the application: Ms. Amy Burgess; Ms. Fran Tuenge; Mr. Will Oakley; Mr. Niles Stansfield; Ms. Peggy Burch; Ms. Arlene Thomas; Mr. Richard Cargill; Ms. Jane Oakley; Ms. Hilary Wright; Mr. Evan Oakley; Ms. Sheryl Cammarata; Ms. Susan McGlasson; Mr. Michael Doten; and Mr. Malcolm Murray.

Mr. Jim Freeman expressed concern with blasting and the affects it has on deep-water wells and aquifer flows as well as radon and arsenic contamination. Mr. Freeman also noted that the blasting could cause structural damage to the City of Loveland's expanded reservoir.

Mr. Tony Park inquired about the following: 1. Impact on pedestrian recreation; 2. Storage of explosives at the site should not be allowed; 3. What is the transportation fee based on; 4. Landscaping plan- when to be provided and who would approve? 5. Who will define "substantially ceases" as stated in recommendation #I?; 6. When notify of blasting schedule and what happened to only blasting two week out of a year?

Ms. Barb Fisher noted that county residents can not depend on State bonds and State reclamation requirements and asked if Larimer County could enforce compliance.

Mr. Tom Vasquez, a quarry employee, requested the Board address harassment issues, trespassing, and false advertising on opponents web site. Mr. Vasquez noted that employee's grandchildren have the right to earn a living in the quarries and requested approval of the application.

Mr. Matt Sprague stated that Interlocken currently uses waste materials and the dirt is used in reclamation areas. The noise caused by the use of the "grizzly" is equivalent to a riding lawn mower.

Mr. William Gordon stated that he is also an employee and that his son has just started working at the quarry. Working in quarries, Mr. Gordon continued, is their heritage and a trade that is handed down through the generations. Mr. Gordon noted that the Board's decision could affect all mining operations and requested that, if denied, then any additional development in the area also be denied.

Mr. Neil Sprague noted that he has worked with stone since he was 18 years old in 1952 and stated that even today's operations require much handwork. Regulations, both State and Federal, require some of the noise residents complain about, such as backup beepers on the trucks. Perhaps, Mr. Sprague continued, the area residents should be required to return to the horse and buggy for transportation.

Mr. Phillip Sprague, Ms. Tonya Sprague, Chick Misura, Dr. Deborah Diamond and Ms. Judy Sprague agreed with previous statements in favor of approval of the application.

Mr. Stan Ebel, owner of Buckhorn Llama, stated that the increase in residential developments has had an adverse influence on existing agricultural operations more so than the quarry. Due to the increase in residential homes, Mr. Ebel noted that he now must move his operation.

Mr. Pem Eberlein, a masonry contractor, stated approval affects the livelihood of many in Colorado and reiterated the uniqueness of the stone.

At this time the hearing was closed to public comment and Mr. Zier rebutted in that the neighbors are not united against the quarries and a compromise is possible, and that many of the opposing comments are not about this particular quarry. The opponents' real estate appraiser came up with a valuation difference of only 1-2%; therefore the margin of error supports statements by the applicant that the quarry does not reduce property values. Many issues raised, Mr. Zier continued, pertain to the State and Larimer County does not have the discretion to change or alter.

At this time Chair Rennels asked if anyone in the audience had any comments that have not been addressed or mentioned and the following spoke against the application but reiterated statements already made: Mr. Luke Roberts; Ms. Kim Kreiermeyer; Ms. Carolyn Street; Ms. Margaret Freeman; Ms. Dena Wilkes; Mr. Terry Anna and Ms. Chris Deldine.

The following citizens signed up to address the Board in opposition of the Sprague-Buff Quarry Special Review: Vernon Burch; Michael Hall; Ed Maynard; Sheila Oakley; Julie Manherd; Mary V Gormally; Jacob Turner; Kim Kreimeyer; Dan Miller; Cathy Vaughn; Veronica Patterson; Rich Morger; Luke Roberts; Sue Schwery; Jan Earl; Dick Hanson; Matt Green; Kathryn Mayham; Carolyn Avba; Mary Hall; Adrien Maynard; Kathy Howard Maynard; Sharon Omer; Russell L. sparks; Sharon Sparks; Daryl Van Hall; Paula Rosenberg; Lynn Henry; Ken Dubrovia; Vivian Dubrovin; Sharon Caretan; Ed Maynard; Ron Reyer; John Silverstein; Jeff Yetter; Richard Morger; Jerry Krutar; and Kathy White.

Mr. Gary Jacobson stated that the problem in the area is residential impacting agriculture operation and that the quarries were there first.

The following citizens signed up to address the Board in favor of the Sprague-Buff Quarry Special Review: Brenda Buster; Wayne Phipps; Ned Sprague; Susan Watkins; Bob Watkins; David Sprague; Glen Southwick; Chris Southwick and Mike Geiser.

Commissioner Bender asked why the number of production years was reduced to 25 from the applicants requested 50 years and Mr. Wheeler stated that he researched the life of gravel pits and proposed the 25-year life of the quarry. Commissioner Bender noted that a gravel pit and a quarry are two different animals and asked if the State has a timeframe. Mr. Helmick stated that the State says, "when the resource is exhausted, the site will be reclaimed".

Commissioner Gibson asked what Larimer County could do regarding reclamation and Mr. Helmick stated that the State holds authority over reclamation and if the County stepped in, it may not be viewed too positively by the State. Mr. Helmick further noted that concurrent reclamation may be an option at the State level.

Chair Rennels expressed concern with staff recommendation C "...within 6 months of the approval from the State" and suggested the following phase be added, "..and prior to commencement of mining within the expansion area".

Much discussion ensued regarding staffing and available resources to enforce the conditions proposed by staff. Discussion also ensued regarding the additional recommendations proposed by the applicant and if they could be added to any of the staff recommendations.

M O T I O N

Commissioner Bender moved that the Board of County Commissioners approve the Sprague-Buff Quarry Special Review as amended.

Motion carried 3 - 0.

Chair Rennels directed the County Attorney to prepare a written Findings and Resolution which when signed by the Board, will constitute the final decision of the Board.

There being no further business, the hearing adjourned at 12:15 a.m.

TUESDAY, MAY 22, 2001

ADMINISTRATIVE MATTERS

(#42)

The Board of County Commissioners met with Frank Lancaster, County Manager; Chair Rennels presided and Commissioners Bender and Gibson were present. Also present were Lew Wymisner, Assistant Director of the Workforce Center; Jodi Hartman, Larimer/Weld Revolving Loan Fund Program Administrator; Captain Gary Darling, Sheriff's Department; Brian Treu and Jeannine Haag, Assistant County Attorneys; Mark Peterson, County Engineer; Larry Timm, Director of Planning, Russ Legg, Chief Planner; Mark Engemoen, Director of Public Works; Ralph Jacobs, Director of Human Resources; Donna Keirns, Human Resources; Deni La Rue, Community Information Manager; Donna Hart, Commissioner's Administrative Manager; and Jean O'Connor, Clerk to the Board.

  1. PUBLIC COMMENT: None
  2. APPROVAL OF THE MINUTES FOR THE WEEK OF MAY 14, 2001:

M O T I O N

Commissioner Gibson moved that the Board of County Commissioners approve the minutes for the week of May 14, 2001.

Motion carried 3 - 0.

3. APPROVAL OF THE SCHEDULE FOR THE WEEK OF MAY 28, 2001:

M O T I O N

Commissioner Bender moved that the Board of County Commissioners approve the schedule for the week of May 28, 2001.

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 following items be approved as presented on the consent agenda for May 22, 2001.

ACTION ITEMS: Larimer County Policy and Procedure 100.2H

A01-65 THIRD EXTENSION OF AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND SHERMAN AND HOWARD, LLC FOR LEGAL SERVICES

A01-66 AMENDMENT TO ADMINISTRATOR AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND DELTA DENTAL PLAN OF COLORADO

A01-67 GRANT AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND STATE OF COLORADO, ACTING BY AND THROUGH THE COLORADO DEPARTMENT OF LABOR AND EMPLOYMENT **Clerk's note: No attachment B provided with this document.**

A01-68 AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE SEAR-BROWN GROUP FOR CIVIL ENGINEERING DESIGN AND/OR DRAFTING SERVICES

A01-69 INTERGOVERNMENTAL AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE ESTES VALLEY RECREATION AND PARK DISTRICT FOR THE TRANSFER OF MANAGEMENT RESPONSIBILITY FOR SLEEPY HOLLOW PARK AND ENTER INTO A LEASE/PURCHASE AGREEMENT WITH THE DISTRICT

A01-70 MEMORANDUM OF AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE STATE OF COLORADO FOR THE USE AND BENEFIT OF THE COLORADO DEPARTMENT OF TRANSPORTATION, PARCEL #SE-2, TE-2, TE-2A, SE-3, TE-3

A01-71 MEMORANDUM OF AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE STATE OF COLORADO FOR THE USE AND BENEFIT OF THE COLORADO DEPARTMENT OF TRANSPORTATION, PARCEL #PE-9, TE-9, PE-12

C01-27 CONTRACT MADE BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND STATE OF COLORADO FOR THE USE AND BENEFIT OF THE DEPARTMENT OF CORRECTIONS

LIQUOR LICENSES: The following licenses were approved Hearts & Horses- 6% Special Events Permit- Loveland, CO and Dal-Rae's High Country Inn- 6%- Red Feather Lakes, CO. The following licenses were issued Conoco Food Stores- 3.2% Temporary- Loveland, CO; Hickory House South- 6%- Fort Collins, CO; and Fort Namaqua Wine ad Spirits- 6%- Loveland, CO.

Motion carried 3 - 0.

M O T I O N

Commissioner Bender moved that the Board of County Commissioners recess Administrative Matters and move to a public hearing regarding the Larimer/Weld Revolving Loan Fund.

Motion carried 3 - 0.

PUBLIC HEARING AND UPDATE

LARIMER/WELD REVOLVING LOAN FUND

Ms. Hartman provided background on this program, which provides loans to small businesses in rural areas of the counties via a State contract. Ms. Hartman noted that commitments under the current contract have been met and requested the Community Development Block Grant contract be closed out.

Commissioner Gibson asked what the default rate and administrative costs are and Ms. Hartman stated that in the 90's, default was approximately 9% and administrative costs are no more than 5%.

Chair Rennels suggested the LaPorte Area Planning Advisory Committee be informed of the program as well as the LaPorte Business Association.

Chair Rennels noted that there is no public present for comment.

M O T I O N

Commissioner Gibson moved that the Board of County Commissioners approve closing out the Community Development Block Grant Contract.

Motion carried 3 - 0.

M O T I O N

Commissioner Bender moved that the Board of County Commissioners adjourn the public hearing and reconvene Administrative Matters.

Motion carried 3 - 0.

6. RESOLUTION INCREASING WORK RELEASE FEES: Captain Darling stated that work release fees had not been increased in several years and requested approval to increase fees on a sliding scale basis, which would be based on an earned hourly wage between $12 and $40 dollars per day.

M O T I O N

Commissioner Bender moved that the Board of County Commissioners approve a resolution that will allow, as of September 1, 2001, to make the changes in the fees charged to inmates in the Work Release Program from a minimum $12 per day and not to exceed $40 per day depending on the inmates hourly rate.

Motion carried 3 - 0.

R01-74g RESOLUTION INCREASING WORK RELEASE FEES

7. DECISION REGARDING DEMUTUALIZATION MONEY: Ms. Keirns requested a decision regarding the receipt and distribution of Sun Life of Canada and Metlife demutualization money. Ms. Keirns explained that when a mutual insurance company converts to a stock company, the distribution process of stock shares is known as demutualization. The County has received shares in the form of a cash payment in the amount of $31,176.88. County employees, Ms. Keirns continued, who chose to cover a dependant(s) (634) equals approximately 4% of the cash payment or approximately $1250 or $2 per employee. Ms. Keirns reviewed the pros and cons of reimbursing employees or leaving the funds in the Self-Insured Dental Fund.

M O T I O N

Commissioner Gibson moved that the Board of County Commissioners approve leaving the Sun Life of Canada and Metlife demutualization money in the amount of $31,176.88 in the self-funded Dental Fund.

Motion carried 3 - 0.

  1. WORK SESSION: None

9. COMMISSIONER REPORTS: Commissioner Bender stated that he attended the Affordable Housing Committee, Fort Collins Area Chamber of Commerce, Arbor Day in Estes Park, the Horsetooth event and went to Columbine Nursing Home with the American Legion to honor veterans.

Commissioner Gibson stated that he also attended Arbor Day in Estes Park and planted trees with 3rd graders. Commissioner Gibson also did some restaurant inspections in Loveland and attended the joint meeting with Weld County Board of Commissioners.

Chair Rennels also attended the Estes Park festivities and the Fairgrounds meeting as well as meeting with the City of Fort Collins and Weld County. All entities share joint concerns and the need to address RAVE issues, 18 and over nights, and the coding of kegs. Chair Rennels stated that these concerns should be address regionally so as to not just move the problems from community to community. Chair Rennels also asked Mr. Lancaster to send a letter to all quarry owners, agricultural operations and residents to try to form a working group of affected parties as a result of testimony during last nights hearing.

10. LEGAL MATTERS: Mr. Peterson informed the Board of existing drainage issues in the Prairie Trails PUD and the Prairie Trails PUD Replat, which came before the Board yesterday. Additional development, Mr. Burns noted, could potentially increase the drainage problems to an independent property owner, who has dealt with the problem in the past and would like a solution. Mr. Engemoen stated that staff would research the design and cost of improvements and return to the Board for direction as to who should pay. It is possible, Mr. Peterson stated the installation of the Loveland sewer line down the middle of the roadway, has contributed to the drainage issues. Commissioner Gibson also noted that Larimer County, by not looking at the big picture some time ago, also contributed to the problems and Mr. Engemoen and Mr. Peterson concurred.

EXECUTIVE SESSION

M O T I O N

Commissioner Gibson moved that the Board of County Commissioners go into executive session at 10:45 a.m. for settlement authority.

Motion carried 3 - 0.

Executive session ended at 11:45, no action was taken.

There being no further business, the meeting was adjourned.

__________________________________

KATHAY RENNELS, CHAIR

BOARD OF COMMISSIONERS

MYRNA J RODENBERGER

CLERK AND 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.