MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

Monday, July 23, 2001

LAND USE HEARING

(#64)

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 Christie Coleman and Roxanne Hayes, Engineering; Sarah Flick and Doug Ryan, Environmental Planners; Sean Wheeler, Planner II; Rich Grossman, Health Inspector; Claudia DeLude, Code Enforcement Officer; Jeannine Haag, Assistant County Attorney; and Jean O'Connor, Recording Clerk.

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

  1. HAPPY CAT RETREAT SPECIAL REVIEW: SOUTHEAST 1/4 OF SECTION 10, TOWNSHIP 6N, RANGE 69W; APPROXIMATELY 1/2 MILE WEST OF THE SHIELDS ST./TRILBY INTERSECTION

This is a request to open a cat-boarding kennel - serving up to 6 cats - in the basement of her home. Staff recommendation is approval of the Happy Cat Retreat Special Review application, file #01-Z1381, subject to the following conditions 1. If, in the future, the applicant wishes to board more than six cats, she must apply for an amendment to this Special Review; 2. Any remodeling of the basement to accommodate the kennel (adding entrances or exits, removing or constructing walls) will require a Building Permit.

2. AMENDED PLAT OF LOTS 1 & 3, JENKS MINOR RESIDENTIAL DIVISION (MRD): NW 1/4 OF SECTION 26, TOWNSHIP 6N, RANGE 70W; LOCATED ALONG EAST SIDE OF CR 27, JUST NORTH OF THE INTERSECTION OF CR 27 & CR 29.

This is a request to adjust part of a boundary line between two Lots so that the boundary line follows an existing fence line. Staff recommendation is approval of the amended plat for Lots 1 & 3, Jenks MRD, NW 1/4 of Section 26, Township 6N, Range 70W, File #01-S1799 with the following condition 1. The Final Plat shall be recorded by January 31, 2002 or this approval shall be null and void.

3. RAINSHADOW LANE, NEW STREET NAME: PORTIONS OF SECTIONS 29 & 32, TOWNSHIP 6N, RANGE 69W; LOCATED APPROXIMATELY 1 MILE WEST OF WILSON AVE. & 1.5 MILES NORTH OF 43RD STREET.

This is a request to name a new street that will serve a subdivision of 35-acre parcels (lots). Staff recommendation is approval of the proposed street name, Rainshadow Lane, of Portions of Sections 29, and 32, Township 6N, Range 69W, File #01-S1779.

4. KELLY FARMS SUBDIVISION, LOTS 4 & 5 AMENDED PLAT: 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 an amended plat to adjust the common lot line between Lots 4 and 5 in the Kelly Farms Subdivision. The adjustment is necessary to accommodate the placement of the emergency access road and irrigation easement, and to avoid an existing utility pole. Staff recommendation is approval of the Amended Plat of Lots 4 and 5 of the Kelly Farms Subdivision.

M O T I O N

Commissioner Bender moved that the Board of County Commissioners approve Happy Cat Retreat Special Review #01-Z1381; Jenks Minor Residential Development Lots 1 & 3 Amended Plat #01-S1799; Rainshadow Land Street Name Change #01-S1779; and Kelly Farms Subdivision Lots 4 & 5 Amended Plat #01-S1804 as presented and outlined above.

Motion carried 3 - 0.

5. RAY H. HALL/SOLID WASTE & ZONING VIOLATION: 13361 N COUNTY RD 15, WELLINGTON

The alleged violation is that conditions at the site are in violation of Colorado Revised Statutes 25-1-613 and Colorado Solid Waste Disposal Sites and Facilities Act, Title 30, Article 20, Part 1, C.R.S. as amended, and the Larimer County Land Use Code, Section 4.1.5, specifically, a junkyard is not a permitted use in the O-Open Zoning District. Staff findings are 1. The dump poses a threat to public health and the environment; 2. The existing conditions on the property are in violation of the Colorado Revised Statutes 25-1-613 and Colorado Solid Waste Disposal Sites and Facilities Title 30, Article 20, Part 1, C.R.S. as amended, and the Larimer County Land Use Code, Section 4.1.5. Staff recommendation is to find that the violations exist, require compliance within 30 days, and authorize legal action if the deadline is not met.

Mr. Grossman stated that this item was table from June 25, 2001 to allow additional time for compliance and that staff sent a letter on June 26, 2001 outlining what must be done prior to this hearing, yet no action has been taken by the property owner.

Commissioner Gibson stated that he could not, under the circumstances, support allowing an additional 60-days for compliance and Mr. Grossman noted that the staff recommendation is from the June 25, 2001 staff report.

M O T I O N

Commissioner Gibson moved that the Board of County Commissioners find a violation exists, require compliance within 30 days and authorize legal action if the deadline is not met.

Motion carried 3 - 0.

Ms. O'Connor requested the Board approve the decisions of the Board of Equalization for the July 19th & 20th, 2001 hearings.

M O T I O N

Commissioner Bender moved that the Board of County Commissioners approve the decisions of the Board of Equalization for hearings held July 19th & 20th, 2001.

Motion carried 3 - 0.

There being no further business, the hearing was adjourned.

TUESDAY, JULY 24, 2001

ADMINISTRATIVE MATTERS

(#64 & 65)

The Board of County Commissioners met with Frank Lancaster, County Manager; Chair Rennels presided and Commissioners Bender and Gibson were present. Also present were Myrna Rodenberger; Clerk & Recorder; Mark Peterson, County Engineer; Rex Burns, Project Engineer; Bob Holt, Fairgrounds Manager; Gary Hausman, Chair of the Queens Committee; Donna Hart, Commissioner's Administrative Manager; Deni La Rue, Community Information Manager; Jeannine Haag, Assistant County Attorney; Gary Janezich, Information Management; Melinda Keen, Commissioner's staff; and Jean M. O'Connor, Clerk to the Board.

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

2. APPROVAL OF THE MINUTES FOR THE WEEK OF JULY 16, 2001:

M O T I O N

Commissioner Bender moved that the Board of County Commissioners approve the minutes for the week of July 16, 2001 with noted corrections.

Motion carried 3 - 0.

3. APPROVAL OF THE SCHEDULE FOR THE WEEK OF JULY 30, 2001:

M O T I O N

Commissioner Gibson moved that the Board of County Commissioners approve the schedule for the week of July 30, 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 items as presented on the consent agenda for July 24, 2001:

A01-105 RATIFICATION AND REAFFIRMATION OF SUBDIVISION DEVELOPMENT AGREEMENT BY THE BOARD OF COUNTY COMMISSIONERS AND WESTCHASE PLANNED UNIT DEVELOPMENT

A01-106 DEVELOPMENT AGREEMENT AND RESIDUAL LAND USE RESTRICTIONS BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND COTTONWOOD FARMS RURAL LAND USE PLAN

A01-107 FLOOD CONTROL FEASIBILITY STUDY AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND ECI

A01-108 AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND INTERNATIONAL COLISEUMS COMPANY FOR PROFESSIONAL SERVICES

C01-35 CONTRACT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE STATE BOARD FOR COMMUNITY COLLEGES AND OCCUPATIONAL EDUCATION, ON BEHALF OF THE GOVERNOR'S COMMISSION ON NATIONAL AND COMMUNITY SERVICES, COLORADO AMERICORPS PROGRAM AND THE COLORADO YOUTH CONSERVATION AND SERVICES CORPS.

D01-13 DEED FOR RIGHT-OF-WAY BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE STATE OF COLORADO, ACTING BY AND THROUGH THE DEPARTMENT OF NATURAL RESOURCES, FOR THE USE AND BENEFIT OF THE DIVISION OF WILDLIFE AND WILDLIFE COMMISSION

R01-117g RESOLUTION ORDERING A PUBLIC HEARING TO CONSIDER PETITIONS FOR A PUBLIC IMPROVEMENT DISTRICT #20- PTARMIGAN

R01-118g FINDINGS AND RESOLUTION APPROVING THE PETITION OF LARRY AND DONNA COULSON FOR A TEMPORARY STRUCTURE

R01-119s FINDINGS AND RESOLUTION APPROVING SUTTON LANE MINOR SUBDIVISION/BOUNDARY LINE ADJUSTMENT

R01-120s FINDINGS AND RESOLUTION APPROVING THE PRELIMINARY PLAT FOR PRAIRIE TRAIL PLANNED DEVELOPMENT AND PETITION FOR REZONING

R01-121g RESOLUTION FOR STATUTORY VESTED RIGHTS FOR COTTONWOOD FARMS RURAL LAND USE PLAN

R01-122g RESOLUTION CALLING AN ELECTION REGARDING LARIMER COUNTY SADDLEBACK PUBLIC IMPROVEMENT DISTRICT #22

R01-123g RESOLUTION CALLING AN ELECTION REGARDING LARIMER COUNTY SOLAR RIDGE PUBLIC IMPROVEMENT DISTRICT #21

MISCELLANEOUS: Marianna Park Subdivision Lots 75-55 Amended Plat; Forever Farm Minor Land Development; Final Plat of Cottonwood Farms Rural Land Use Plan.

LIQUOR LICENSES: The following licenses were approved Red Feather Super Market- 3.2%- Red Feather Lakes, CO; 19th Green, Inc.- 6%- Wellington, CO; Cottonwood Hollow- 6%- Livermore, CO

Motion carried 3 - 0.

5. COLORADO CARES DAY PROCLAMATION AND VOLUNTEER RECOGNITION: Ms. La Rue introduced Mr. Charles Dinkey and Ms. Natalie Monell who were nominated and recognized as outstanding Larimer County Volunteers. Commissioner Bender read the proclamation for the Record.

M O T I O N

Commissioner Bender moved that the Board of County Commissioners proclaim July 28, 2001 as Colorado Cares Day in Larimer County and Charles Dinkey and Natalie Monell as Outstanding Larimer County Volunteers.

Motion carried 3 - 0.

6. LARIMER COUNTY FAIR PROCLAMATION INCLUDING RECOGNITION OF RODEO QUEENS: Mr. Hausman explained what it takes to become a Queen and noted that this year, Larimer County has been successful in not only having local talent, but talent that has gone on to reign in the State and Nationally. Commissioner Gibson read the proclamation for the record and recognized Ms. Mandee Simpson- 2001 Larimer County Fair & Rodeo Queen- Berthoud; Kassi Porter- 2001 Larimer County Lady-in-Waiting- Loveland; Lacy Stevens- 2001 Colorado State Posse Queen- Livermore; and Megan Conley- 2001 Larimer County Posse Queen- Fort Collins.

M O T I O N

Commissioner Bender moved that the Board of County Commissioners proclaims July 27 -August 8, 2001 as a time to acknowledge the importance of the Larimer County Fair and Rodeo and it's representatives.

Motion carried 3 - 0.

7. REQUEST TO PLACE TERM LIMIT WAIVERS ON THE NOVEMBER BALLOT FOR THE COUNTY ELECTED OFFICIALS: Mr. Kermit Allard, former member of the Republican Executive Committee and Mr. Tony Young, Executive Director of the Democratic Party, jointly requested the Board refer "Term Limits" to the November Ballot. Citizens originally voted for term limits in 1994, Mr. Allard noted, and since, 41 of the 63 counties in Colorado have eliminated term limits for all or some of the county officials. Mr. Allard proposed three separate resolutions to eliminate term limits; one for elected officials excluding the Board of County Commissioner and the District Attorney; one for the Board of County Commissioners and one for the 8th Judicial District for the office of District Attorney.

Commissioner Gibson stated that he favored eliminating term limits noting that by limiting terms prohibits 30 - 40 year old citizens from becoming involved in the political process.

Commissioner Bender stated that he is also against term limits, however without the petitioning process, he does not believe this is the time to place term limits on the ballot. Commissioner Bender noted that he believes limits should be overturned for the office of District Attorney.

Chair Rennels agreed with Commissioner Bender in many ways and noted that no one contacted her prior to last evening nor was she asked to sign a petition. Chair Rennels stated that the District Attorney should be excluded from term limits because they don't serve policy they do legislation and that Larimer County has an excellent DA who administers legislative policy.

Commissioner Gibson asked if a motion is needed to place the District Attorney on the ballot, and Chair Rennels said no, noting that the issue will come back in the form of a resolution after the Board meets with Jackson County officials this evening.

8. BRIEFING FOR THE BOARD ABOUT DRY CREEK HYDROLOGY: Mr. Burns, Mr. Bob Smith, City of Fort Collins Stormwater; and Linda Hoffman, Engineering Manager with Nolte & Associates provided the Board with results from the hydrology study and noted that estimates would now be obtained for each option available and then open houses will be held to inform citizens.

9. UNITED WAY REPRESENTATIVES: Mr. Janezich noted that he and Janelle Henderson have volunteered as the internal 2001 County United Way Drive Coordinators. Mr. Janezich requested funding to offer incentives to participate; requested that three used computers be raffled ; and requested one day off with pay for department representatives. Mr. Lancaster stated that Board has a line item for funding, and that in past years the Board has authorized the department representatives to receive a day off.

M O T I O N

Commissioner Gibson moved that the Board of County Commissioners provide funding for incentives, authorize 3 used computers to be raffled, and allow department representatives to receive an extra day off with pay.

Motion carried 3 - 0.

10. APPOINTMENTS AND RE-APPOINTMENTS TO THE OFFICE ON AGING ADVISORY COUNCIL: Ms. Keen requested the Board approve the following appointments and re-appointments to the Office on Aging Advisory Council as previously discussed. The following citizens were appointed for three-year terms to start July 1, 2001 and expire June 30, 2004: Paul Bell, Mary Siebe, Jill Sohayda, and Lloyd Spawn. The following citizens were re-appointed for three-year terms to start July 1, 2001 and expire June 30, 2004: Barbara Nuss, Mary Shultz, and Harold Wilson.

M O T I O N

Commissioner Bender moved that the Board of County Commissioners approve appointments and re-appointments to the Office on Aging Advisory Council as presented and outlined above.

Motion carried 3 - 0.

11. WORK SESSION:

Mr. Lancaster informed the Board that the State has issued an Enforcement Order for clean up of the Alps tire pile, and noted that it is the worse in the State. Mr. Lancaster stated that a clean up contractor would be chosen via the competitive bid process and be paid via a grant to Larimer County from the State.

Mr. Lancaster stated that Larimer County is a sponsor of the MultiCultural Council and that our representative, Doreen Kemp has resigned. Consensus of the Board is to try to recruit another employee.

Mr. Lancaster stated that a request has been received from the Clerk and Recorder to retain revenues collected above the proposed budget. The Clerk, Mr. Lancaster continued, has already met 98% of this years budget and that the Recording Department is inundated with work. Mr. Lancaster recommended approval of the Clerk's request for additional revenues of $130,000.

M O T I O N

Commission Gibson moved that the Board of County Commissioners approve the allocation of $130,000 to the Clerk and Recorders office as requested.

Motion carried 3 - 0.

Mr. Lancaster, in compliance with the Governance Policy, submitted a second quarter financial status report to the Board.

12. COMMISSIONER REPORTS: Commissioner Gibson attended a Habitat for Humanity home dedication and encourages the City's of Fort Collins and Loveland as well as Larimer County to reduce building fees for Habitat homes. Commissioner Bender noted his attendance at an Affordable Housing meeting. Commissioner Bender also noted the success of County Seat for a Day in Rist Canyon. Chair Rennels stated that she had attended a legislative liaison meeting regarding issues related to affordable housing.

13. LEGAL MATTERS: Ms. Haag requested the Board authorize a counter offer for property located at 419 W. Mountain Avenue.

M O T I O N

Commissioner Bender moved that the Board of County Commissioners approve the counter offer for property located at 149 W. Mountain Avenue.

Motion carried 3 - 0.

Ms. Haag stated that the County currently leases property located at 2555 Midpoint Drive, Spaces A & B. Ms. Haag noted that when the owners tried to re-finance, the fact that the County has a lease with an option did not show up in a title search, since the lease could not be recorded. Ms. Haag requested the Board authorize the Chair to sign a memorandum regarding the option agreement; memorandum regarding lease agreement for space A; and memorandum regarding lease agreement for space B.

M O T I O N

Commissioner Gibson moved that the Board of County Commissioners authorize the Chair to sign a memorandum regarding the option agreement; memorandum regarding lease agreement for space A and memorandum regarding lease agreement for Space B all located at 2555 Midpoint Drive.

Motion carried 3 - 0.

A01-109 MEMORANDUM REGARDING OPTION AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND GB VENTURES, LLC (2555 Midpoint Drive)

A01-110 MEMORANDUM REGARDING LEASE AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND GB VENTURES, LLC (2555 Midpoint Drive, Space A)

A01-111 MEMORANDUM REGARDING LEASE AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND GB VENTURES, LLC (2555 Midpoint Drive, Space B)

Ms. Haag informed the Board that the County is still trying to get an Intergovernmental Agreement with Johnstown.

EXECUTIVE SESSION

M OT I O N

Commissioner Bender moved that the Board of County Commissioner go into executive session at 12:00 p.m. to discuss possible litigation.

Motion carried 3 - 0.

Executive session ended at 12:15 p.m.; no action was taken.

LIQUOR LICENSE HEARING

RAINBOW PLAZA

The Board of County Commissioners met with Linda Connors, Assistant County Attorney; Chair Rennels presided and Commissioners Bender and Gibson were present. Also present was Jean O'Connor, Recording Clerk.

Ms. O'Connor informed the Board that a legal notice for this hearing had not been published, and requested the item be tabled to August 14, 2001 at 1:30 p.m. The applicants, Sally and Samuel Garcia, a.k.a. Rainbow Plaza, Inc. concurred.

M O T I O N

Commissioner Gibson moved that the Board of County Commissioners table the liquor license hearing for Rainbow Plaza, Inc. to August 14, 2001 at 1:30 p.m.

Motion carried 3 - 0.

WEDNESDAY, JULY 25, 2001

SPECIAL MEETING OF THE BOARD

The Board of County Commissioner met at 2:00 p.m. with Jean O'Connor, Clerk to the Board; Chair Rennels presided and Commissioner Bender was present.

Ms. O'Connor requested the Board approve the decisions of the referees for the Board of Equalization for July 23 and 24, 2001

M O T I O N

Commissioner Bender moved that the Board of County Commissioners approve the decisions of the Board of Equalization for July 23 and 24, 2001.

Motion carried 2 - 0.

There being no further business, the meeting adjourned at 2:05. p.m.

_______________________________

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