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MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

Monday, August 20, 2001

LAND USE HEARING

(#76)

The Board of County Commissioners met at 3:00 p.m. with Rob Helmick, Senior Planner; Chair Pro-Tem Gibson presided and Commissioner Bender was present. Also present were Roxanne Hayes, Development Review Engineer; Carol Evans and Sean Wheeler, Planners II; Doug Ryan, Environmental Planner; Jeannine Haag, Assistant County Attorney; and Jean O'Connor, Recording Clerk.

Chair Pro-Tem Gibson stated that staff recommends moving items 3 & 4 to the consent agenda, and asked if anyone in the audience objected. There being no objection;

M O T I O N

Commissioner Bender moved that the Board of County Commissioners move items 3 & 4 to the consent agenda.

Motion carried 2 - 0.

Chair Pro-Tem Gibson stated that the following items are consent and would not be discussed unless requested by the Board or members of the audience.

  1. CASTLE BROOK DEVELOPMENT STREET NAME REQUEST: 13-10-72 AND SW 18-10-71; 35+ ACRE DEVELOPMENT LOCATED SOUTH OF COUNTY ROAD 82E, APPROXIMATELY 2 MILES WEST OF COUNTY ROAD 80C AND COUNTY ROAD 82E.
  2. This is a request to name several roads in a 35+ acre development. Staff recommendation is approval of the request to name the streets in the Castle Brook 35+ acre development as recommended by Building staff and as follows: From Lot 1 to Lot 13- Boxer Ranch Road; from Lot 3 to Lot 6- Spirit Ranch Road; from Lot 10 to Lot 8- Jackelope Lane; from Lot 22 to Lot 24- Thiem Drive; from Lot 11 to 23- Kestrel Lane; from Lot 15 to Lot 17- Calliope Lane; and from Lot 21 to Lot 18- Nuthatch Lane

  3. RAMONA HEIGHTS SUBDIVISION AMENDED PLAT AND RIGHT-OF-WAY VACATION: 28-10-73; NORTH OF COUNTY ROAD 74E IN THE COMMUNITY OF RED FEATHER LAKES

This is a request for an Amended Plat of portions of Block 9 and Block 40 of the Amended Plat of Ramona Heights and a portion of the West 1/2 of Section 28, Township 10 North, Range 73 West and vacation of portions of the platted right-of-ways for Lone Pine Drive and Minnehaha Road to consolidate nine lots, metes and bounds parcels and the vacated right-of-way into one lot of 2.61 acres. Staff findings include 1. The proposed amended plat and right-of-way vacation request are in compliance with the Larimer County Master Plan and the Larimer County Land Use Code; 2. The amended plat and right-of-way vacation requests are compatible with other development in the surrounding area; 3. Approval of the amended plat and right-of-way vacation request will not result in any significant impacts to neighboring properties, the natural environment, or the provision of services and infrastructure; 4. Property values in the surrounding area would not be adversely affected by the amended plat and right-of-way vacation request. Staff recommendation is approval of the proposed Amended Plat of portions of Block 9 and Block 40 of the Amended Plat of Ramona Heights and a portion of the West 1/2 of Section 28, Township 10 North, Range 73 West and approval of the vacation of the portions of the platted right-of-ways for Lone Pine Drive and Minnehaha Road as proposed in the Planning Department application File #00-S1550 with the following conditions 1. The Final Plat shall contain the following note: "The lot shown on this Amended Plat is the result of combining certain lots in Block 9 and Block 40 of the Amended Plat of Ramona Heights, vacated right-of-way area and adjacent metes and bounds properties. No new lots were created by this amended plat"; 2. If existing utility facilities for Century Telephone or Poudre Valley REA are located on the subject property, then the Final Plat shall include 10' utility easements on each side of any such facility; 3. The Final Plat shall be recorded by February 20, 2002 or this approval shall be null and void.

3. AMENDED PLAT OF SAULCY MINOR RESIDENTIAL DEVELOPMENT (MRD) LOT 1 & WARBERG EXEMPTION NO. 43-74: E 12 29-05-68: AT THE NORTHWEST CORNER OF THE INTERSECTION OF COUNTY ROAD #9 AND COUNTY ROAD #16, SOUTHEAST OF LOVELAND AND WEST ON INTERSTATE 25.

This is a request for approval to divide Lot 1 of the previously Amended Plat of the Saulcy MRD between Lot 1A of the Saulcy MRD and the Warberg Exemption No. 43-74. Staff findings include 1. The proposed amended plat complies with the Larimer County Land Use Code; 2. The proposed amended plat is compatible with other development in the surrounding area; 3. Approval of the amended plat will not result in any significant impacts to neighboring properties, the natural environment or the provision of services and infrastructure; 4. The amended plat will not adversely affect property values in the surrounding area. Staff recommendation is Staff recommendation is approval of the amended plat of Amended Plat of the Saulcy MRD between Lot 1A of the Saulcy MRD and the Warberg Exemption No. 43-74.

4. GENZLINGER SUBDIVISION, COMBINED PRELIMINARY PLAT AND FINAL PLAT: 31-04-69: APPROXIMATELY 1/3 MILE EAST OF COUNTY ROAD #23E ON COUNTY ROAD #4.

This is a request to combined Preliminary and Final Plat for a Subdivision to divide 10.14 acres into two lots for single family residential uses. One residence currently exists at the site. Staff recommendation is approval approved subject to the following conditions 1. The Final Plat of the Genzlinger Subdivision shall be consistent with the information contained in the file, #00-S1680 or as modified by conditions of approval; 2. As part of the Final Plat application, the applicant shall comply with the requirements of the Office of the State Engineer, Water Resources Division and supply them with a "Water Supply Information Summary" completed by the Little Thompson Water District provide and approved by the State Engineer; 3. The applicant shall provide a Development Agreement and Disclosure Affidavit for approval by Staff and signature by the Board of County Commissioners. The Development Agreement shall include a statement that the access easement must be vacated if the applicant obtains access to the southern lot from Highplains Drive. The Disclosure Affidavit shall also provide information on the Culver Ditch Company's rights and responsibilities to access and maintain the irrigation ditches; 4. The applicant shall revise the Covenants to provide lot owners with information regarding the Culver Ditch Company's rights and responsibilities to access and maintain their ditches; 5. The applicant will provide a signed agreement with the ditch company formalizing their rights and responsibilities to access and maintain their ditches; 6. The applicant shall revise the Final Plat to reflect technical changes noted in the staff report at they relate to easement dedications, lot numbers, the note regarding the access drive to the south and removal of the note regarding the meeting with the County Engineer.

M O T I O N

Commissioner Bender moved that the Board of County Commissioners approve Castle Brook Subdivision Street Name Change #01-S1801; Ramona Heights Lots 1A & 1B Block 40 Amended Plat and Right-of-Way Vacation #00-S1550; Saulcy Minor Residential Development Lot 1 Amended Plat; and Genzlinger Subdivision Preliminary Plat and Final Plat as presented and outlined above.

Motion carried 2 - 0.

5. FORT COLLINS SOCCER CLUB SPECIAL REVIEW: 21-8-68; NORTHWEST OF THE INTERSECTION OF CR 54 AND THE WEST I-25 FRONTAGE ROAD.

This is a request the Board of County Commissioners allow temporary use for the Fall 2001 season of the Phase 1 fields at the site without the installation of the required permanent restroom/storage facility. Staff recommendation is to grant the Fort Collins Soccer Club permission to use the phase one field area at the soccer complex on a temporary basis for the fall season 2001 subject to the following understandings 1. The Club shall submit a building permit for the maintenance/restroom building as soon as possible, in no event later than Dec. 31, 2001; 2. The Club shall provide the number and type of portable restrooms as determined by the Larimer County Department of Health and the Environment; 3. The traffic/dust control plan shall be formally submitted and approved by the County Engineer; 4. This permission does not alter or change any of the conditions of approval contained in the Findings and Resolution of the Board of County Commissioners dated June 30, 1998.

Mr. Helmick stated that the Soccer Club is making this request to use the soccer fields during the Fall 2001 season due to notification from the City of Fort Collins and Colorado State University that fields normally available for use would not be available.

Mr. Al Minatta, representative for the Soccer Club provided a final letter outlining the intentions of the Soccer Club to meet all of the original conditions of approval and requested the Board grant temporary weekend use of the soccer fields for the Fall 2001 season.

Ms. Sharon Hayes, adjacent property owner stated that dust mitigation and traffic enforcement on County Road 54 is an issue. During the clubs "test period" in June, Ms. Hayes continued, she was unable to take her ailing husband outside due to dust from the traffic.

Mr. Helmick stated that the applicant proposes closing off County Road 54 to soccer traffic and if that proves ineffective, a water truck will be brought in to spray the road.

Dr. Anthony Bovanno encouraged the Board to grant permission to utilize the facility prior to completion of the conditions of approval.

There being no further public comment, the hearing was closed to the public.

Commissioner Bender encouraged the Soccer Club to post members along the route to the facility to monitor traffic and suggested Ms. Hayes call the Board if dust and traffic are an issue again.

M O T I O N

Commissioner Bender moved that the Board of County Commissioners grant permission to the Fort Collins Soccer Club for limited use of the soccer facility as presented and outlined above.

Motion carried 2 - 0.

TUESDAY, AUGUST 21, 2001

ADMINISTRATIVE MATTERS

(#76)

The Board of County Commissioner met with Neil Gluckman, Assistant County Manager; Chair Rennels presided and Commissioners Bender and Gibson were present. Also present were George Hass, County Attorney; Marc Engemoen, Public Works Director; Mark Peterson, County Engineer; K-Lynn Cameron, Open Lands Manager; Gary Buffington, Director of Parks and Open Lands; Ralph Jacobs, Director of Human Resources; Tony Simons, Wildfire Safety Coordinator; Chip Steiner, Fairgrounds and Events Center Coordinator; Charlie Johnson, Engineering; Deni La Rue, Community Information Manager; Donna Hart, Commissioner's Administrative Manager; and Jean M. O'Connor, Clerk to the Board.

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

2. APPROVAL OF THE MINUTES FOR THE WEEK OF AUGUST 13, 2001:

M O T I O N

Commissioner Bender moved that the Board of County Commissioners approve the minutes for the week of August 13, 2001 with noted corrections.

Motion carried 3 - 0.

3. APPROVAL OF THE SCHEDULE FOR THE WEEK OF AUGUST 27, 2001:

M O T I O N

Commissioner Gibson moved that the Board of County Commissioners approve the schedule for the week of August 27, 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 August 21, 2001:

ACTION ITEMS: Approval of Planning Commission By-Laws and Approval of LaPorte Area Planning Advisory Committee By-Laws.

D01-17 QUIT CLAIM DEED, MEMORANDUM OF AGREEMENT, AND RESOLUTION OF CONVEYANCE FOR TRANSFER OF COUNTY RIGHT-OF-WAY TO COLORADO DEPARTMENT OF TRANSPORTATION FOR BERTHOUD BYPASS

R01-136g RESOLUTION ESTABLISHING A TELEPHONE EXCHANGE ACCESS FACILITY CHARGE AND A WIRELESS COMMUNICATIONS ACCESS CHARGE FOR THE LARIMER EMERGENCY TELEPHONE AUTHORITY

MISCELLANEOUS: Hasenauer Exemption Second Amended Plat and Kelly Farms Subdivision Lots 4 & 5 Amended Plat.

LIQUOR LICENSES: The following licenses were approved Schrader Country Store #440- 3.2%- Fort Collins, CO and Bohemian Cottage Restaurant- 6%- Loveland, CO. The following license was issued Dunraven Inn- 6%- Estes Park, CO

Motion carried 3 - 0.

5. PRESENTATION FROM LaFARGE TO FOOTHILLS GATEWAY: Mr. Tim O'Neil of Foothills Gateway stated that LaFarge sponsored a golf tournament to benefit Foothill Gateway, which was attended by approximately 28 teams including the Board. Ms. Mary Harnett of LaFarge presented Mr. O'Neil with a proceeds check in the amount of $10,000 payable to Foothill Gateway.

6. REQUEST FROM FOOTHILLS GATEWAY FOR BALLOT ISSUE: Mr. O'Neil provided the Board with an outreach update and noted that 2000 signatures of support have been received. Mr. Brad March, attorney for Foothills Gateway noted that a resolution is ready to be presented to the Board. Mr. Hass presented the resolution and requested Board approval.

M O T I O N

Commissioner Gibson moved that the Board of County Commissioners approve a resolution to refer the Foothills Gateway issue to the November 2001 ballot and authorize the Chair to sign the same.

Motion carried 3 - 0.

R01-137g RESOLUTION CALLING AN ELECTION TO CERTIFY A BALLOT TITLE FOR AN ADDITIONAL THREE-FOURTHS OF ONE MILL LEVY TO THE COUNTY AD VALORUM TAX TO BE DEDICATED FOR USE BY THE COMMUNITY CENTERED BOARD AND TO COLLECT AND EXPEND THE REVENUE FROM SUCH ADDITIONAL TAX WITHOUT REGARD TO CONSTITUTIONAL AND STATUTORY LIMITS

7. WILDFIRE GRANT APPLICATION AUTHORIZATION: Mr. Simons requested Board approval to apply for a grant through the 2002 Western Wildland Urban Interface Grant Program in the amount of $85,000 to continue the slash program and retain a Wildfire Technician.

M O T I O N

Commissioner Bender moved that the Board of County Commissioners authorize Mr. Simons to submit a grant application through the 2002 Western Wildland Urban Interface Grant Program in the amount of $85,000.

Motion carried 3 - 0.

8. FAMILY AND MEDICAL LEAVE ACT (FMLA) POLICY REVISION: Mr. Jacobs request the Board approve revisions to sections of Chapter 6 of the Personnel Policy Manual, which pertains to the Family and Medical Leave Act. Mr. Jacobs noted that this law is very specific and that many of the revisions are clarifying in nature and include the use of vacation leave, floating holidays and compensatory time off when employees run out of paid sick leave while on FMLA.

Commissioner Gibson asked if there is a group of employee who have reviewed the proposed policy revisions and provided input. Mr. Jacobs stated that all employees and elected officials were notified via email of the draft policy and encouraged to provide comment back to Human Resources.

M O T I O N

Commissioner Gibson moved that the Board of County Commissioners approve the revised sections of Chapter 6 of the Larimer County Personnel Policy Manual that pertain to the Family and Medical Leave Act.

Motion carried 3 - 0.

9. WORK SESSION: Mr. Steiner stated that a letter of intent has been received from the Central Hockey League and requested Board approval.

M O T I O N

Commissioner Bender moved that the Board of County Commissioners approve and authorize the Chair to sign a Letter of Intent Agreement for Professional Hockey with the Central Hockey League.

Motion carried 3 - 0.

A01-137 LETTER OF INTENT FOR PROFESSIONAL HOCKEY BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND CENTRAL HOCKEY LEAGUE

Mr. Gluckman provided the Board with a draft agenda for the Legislative Recognition Lunch and noted that Rep. Steve Johnson may not be able to attend.

10. COMMISSIONER REPORTS: Commissioner Bender stated that a resolution between Poudre School District, City of Fort Collins, and Larimer County will be signed on September 4, 2001 recognizing joint participation in "Character Orientation". Commissioner Bender also noted his attendance at an open house regarding East Mulberry and a KCOL broadcast. Commissioner Bender also noted that the Poudre School District would be re-examining their policy regarding distribution of flyers to students after he notified them of a flyer sent home from the Fort Collins Alliance Committee. Commissioner Bender stated that Poudre School District has a "work off" program for senior citizens to work off their taxes. Commissioner Bender noted his attendance at a redistricting meeting last week at the Capital and noted that he was not as persuasive as he could have been due to a lack of information and lack of organization.

Commissioner Gibson stated that he attended CCI last week and participated with the General Government and Transportation Steering Committees.

Chair Rennels noted that she testified before the State Tax Commission last week.

Ms. O'Connor informed the Board of a petition from Town of Estes Park to annex Good Samaritan 1st and 2nd Additions.

11. LEGAL MATTERS:

EXECUTIVE SESSION (#77)

M O T I O N

Commissioner Gibson moved that the Board of County Commissioners go into executive session at 10:55 a.m. for negotiations.

Motion carried 3 - 0.

Executive session ended at 11:40; no action was taken.

THURSDAY, AUGUST 23, 2001

SPECIAL MEETING OF THE BOARD

The Board of County Commissioners met with Neil Gluckman, Assistant County Manager, at 10:45 a.m.; Chair Rennels presided and Commissioners Bender and Gibson were present. Also present was Jean O'Connor, Clerk to the Board.

Ms. O'Connor requested the Board approve the issuance of a Tavern Liquor License to Rainbow Plaza, Inc.

M O T I O N

Commissioner Bender moved that the Board of County Commissioners issue a Tavern liquor license to Rainbow Plaza, Inc. of Loveland, CO.

Motion carried 3 - 0.

There being no further business, the meeting adjourned at 10:50 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

Background Image: Rocky Mountain National Park by Sue Burke. All rights reserved.