MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

Tuesday, September 4, 2001

ADMINISTRATIVE MATTERS

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The Board of County Commissioners met with Neil Gluckman, Assistant County Manager; Chair Rennels presided and Commissioners Bender and Gibson were present. Also present were Deni La Rue, Community Information Manager; Melinda Keen, Commissioner's Office; and Jean O'Connor, Clerk to the Board.

  1. PUBLIC COMMENT: None
  2. APPROVAL OF THE MINUTES FOR THE WEEK OF AUGUST 27, 2001:

M O T I O N

Commissioner Gibson moved that the Board of County Commissioners approve the minutes for the week of August 27, 2001 as presented.

Motion carried 3 - 0.

3. APPROVAL OF THE SCHEDULE FOR THE WEEK OF SEPTEMBER 10, 2001:

M O T I O N

Commissioner Bender moved that the Board of County Commissioners approve the schedule for the week of September 10, 2001 as amended.

Motion carried 3 - 0.

4. CONSENT AGENDA:

M O T I O N

Commissioner Gibson moved that the Board of County Commissioners approve the following documents as published on the consent agenda for September 4, 2001:

ACTION ITEMS: Approve waiving the County's Family Medical Leave Act Policy to allow Jerry Blehm to use up to 80 hours of vacation leave during his current FMLA leave.

R01-147g FINDINGS AND RESOLUTION DENYING THE RUTHERFORD ACCESS PERMIT APPEAL

MISCELLANEOUS: Glacier View Meadows 4th Filing Lots 52 & 53 Amended Plat

LIQUOR LICENSES: The following licenses were approved Fossil Creek Conoco- 3.2%- Fort Collins, CO; Charco Broiler- 6%- Fort Collins, CO; Gonzalo's Spanish Manor- 6%- Fort Collins, CO. The following license was issued Bohemian Cottage Restaurant- 6%- Loveland, CO.

Motion carried 3 - 0.

5. RESOLUTION DESIGNATING LARIMER COUNTY AS A CHARACTER COUNTY: Commissioner Bender stated that he has been working in conjunction with the City of Fort Collins and Poudre School District to promote character building. Commissioner Bender presented and read a resolution designating Larimer County as a Character County and formally launch a county-wide initiative to encourage character in our families, government, schools, businesses, law enforcement, media and faith communities, through our actions and in everyday life.

M O T I O N

Commissioner Bender moved that the Board of County Commissioners approve the resolution designating Larimer County as a Character County.

Motion carried 3 - 0.

R01-148g RESOLUTION DESIGNATING LARIMER COUNTY AS A CHARACTER COUNTY

6. BOARDS AND COMMISSIONS APPOINTMENTS: Ms. Keen requested the Board approve the following appointments and re-appointments to the Agricultural Advisory Board: Ed Race with a waiver of residency requirement, three-year term effective September 4, 2001 through June 30, 2005; and Floyd Wright, one-year term effective September 4, 2001 through June 30, 2003; the LaPorte Area Planning Advisory Committee: Tim O'Hara, three-year term effective September 4, 2001 through June 30, 2004; and the Youth Services Advisory Board: Larry Abrahamson and Bernadette Felix, both with a waiver of term limit, three-year term effective July 1, 2001 through June 30, 2004 each, Marcus Black and B.J. Nikkel, both three-year terms effective September 4, 2001 through June 30, 2004, and Jim Gault and Mark Mettler, both three-year terms effective July 1, 2001 through June 30, 2004.

Commissioner Gibson clarified that the waivers granted are due to specific requirements/ knowledge necessary to serve on those Boards and Chair Rennels replied in the affirmative.

M O T I O N

Commissioner Gibson moved that the Board of County Commissioners approve appointments and re-appointments to the Boards as outlined above.

Motion carried 3 - 0.

7. WORK SESSION: Mr. Gluckman reminded the Board of a work session with the City of Loveland next week and asked if there are any specific agenda topics. Chair Rennels suggested briefing the City Council on "Character Building" and general County business; Commissioner Gibson suggested discussion regarding an agreement with Johnstown and their growth area; Commissioner Bender suggested discussion regarding the Intergovernmental Agreement.

8. LEGAL MATTERS: None

9. COMMISSIONER REPORTS: Commissioner Bender stated that he attended the Rist Canyon Volunteer Fire Department fundraiser this past weekend, and participated by volunteering for the dunking both. Approximate gross funds raised at the festival, Mr. Bender noted, was $63,000.

Commissioner Gibson stated that the United Way fundraiser, Brats on the Barbie was well attended.

Chair Rennels noted her assistance to the Sheriff in apprehending a suspect in an attack on a local girl.

There being no further action, the meeting adjourned at 10:00 a.m.

LAND USE HEARING

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The Board of County Commissioners met with Larry Timm, Director of Planning; Chair Rennels presided and Commissioners Bender and Gibson were present. Also present were Karin Knauf, Planner I; Sean Wheeler, Planner II; Jim Reidhead, Director of the Rural Land Use Center; Jeannine Haag, Assistant County Attorney; Doug Ryan, Environmental Planner; Christie Coleman, Civil Engineer; 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. CARLSON - MINOR LAND DIVISION: SW 1/4 OF SECTION 13, TOWNSHIP 4 NORTH, RANGE 69 WEST: LOCATED ON THE NORTH SIDE OF STATE HIGHWAY 56 (MOUNTAIN AVE.), APPROXIMATELY 1/4 MILE EAST OF HIGHWAY 287.

This is a request for a Minor Land Division to divide a 19.22 acre parcel with an existing house and barn into 2 lots of 13.9 acres (for the house and barn) and 5 acres of land. Staff findings are that the proposed Carlson - Minor Land Division complies with the Review Criteria for Minor Land Divisions as contained in Section 5.4.3 of the Larimer County Land Use Code. Staff recommendation is approval of the Carlson - Minor Land Division File #01-S1813 with the following conditions 1. Lot 1 is to be annexed into the Town of Berthoud and developed as part of subdivision; and is not eligible for a building permit as long as it remains in the county; 2. Prior to the recordation of the MLD Plat the applicant shall address the Engineering Comments from Dale Greer in the referral letter dated July 24, 2001.

2. ARROWHEAD CONSERVATION DEVELOPMENT (CD) PRELIMINARY PLAT: NE 1/4 28-09-68: APPROXIMATELY 1 MILE NORTH OF WELLINGTON, WEST OF I-25 AND AT THE SOUTHWEST CORNER OF THE INTERSECTION OF COUNTY ROAD #66 AND COUNTY ROAD #7.

This is a request for Preliminary Plat review for a CD to divide 35 acres into 3 lots. The site is located in the O-Open Zone District. Twenty-eight acres will remain as privately owned residual land in agricultural use, while the residential lots will range from 2 to 2.5 acres in size. Staff recommendation is approval with the following conditions 1. The Final Plat of the Arrowhead Conservation Development shall be consistent with the information contained in the file, #00-S1711 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 Northern Colorado Water Association for review and approval by the State Engineer; 3. The applicant shall contact the Wellington Fire District for review and approval of the plan to provide one point of access into the Conservation Development. The applicant must also comply with all requirements of the Fire District in addition to the standards provided in Section 8.1.4 of the Land Use Code; 4. The applicant shall complete the Flood Plain analysis and Letter of Map Amendment with the Larimer County Flood Plain Manager, or add a note to the Final Plat that states that the floodplain analysis is required before building permits can be issued for Lot 2; 5. The following fees shall be collected at building permit for new single family dwellings: Thompson R2-J 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; 6. The applicant shall provide a Disclosure Notice for approval 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. The notice shall include, but is not limited to, 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; 7. A two-acre building envelope shall be described around the existing improvements on the existing plat.

M O T I O N

Commissioner Bender moved that the Carlson Minor Land Division #01-S1813 and Arrowhead Conservation Development Preliminary Plat #00-S1711 be approved as presented and outlined above.

Motion carried 3 - 0.

3. WEBER MINOR LAND DIVISION: Mr. Wheeler stated that all parties involved in this application are requesting the item be withdrawn from the agenda to allow outstanding issues to be resolved, if possible. Mr. Rob Persichitte, representative for the applicant, stated that it is the desire of the applicant to continue to try to resolve outstanding issues if possible and request the item be removed from the agenda indefinitely.

M O T I O N

Commissioner Gibson moved that the Board of County Commissioners remove the Weber Minor Land Division #01-S1813 from the agenda indefinitely.

Motion carried 3 - 0.

4. PROPOSED AMENDED LARIMER COUNTY LAND USE CODE SECTION 5.8-RURAL LAND USE PROCESS

This is a request to adopt the Proposed Amendments to the Larimer County Land Use Code Section 5.8-Rural Land Use Process. Staff recommendation is adoption of the following amendments to the Rural Land Use Process 1. Section 5.8.5.B.a Delete the last sentence; 2. Section 5.8.6.A.3-change the last sentence from "In no event can the total number of buildable lots and bonus lots exceed two buildable lots for each thirty-five acre increment" to "In no event can the total number of buildable lots and bonus lots exceed one residential unit for each 17 1/2 acre increment"; 3. Section 5.8.6.C.1-All development proposals must reserve at least two-thirds of the total area of the parcel for the preservation of contiguous undeveloped land, unless the Board of County Commissioners finds that a non-contiguous arrangement of residual land would be more appropriate in achieving the purposes of the Rural Land Use process as outlined in Section 5.8.3.

Mr. Reidhead stated that the proposed amendments are technical in nature and are proposed to reflect recent changes in the State enabling legislation. In 2001, Representative Steve Johnson and Senator Stan Matsunaka successfully carried a bill through the State legislature, which made changes to the Rural Land Use Process enabling legislation. Governor Bill Owens signed the bill into law on March 28, 2001. Mr. Reidhead presented the proposed amendments and explained each. Mr. Korb, Planning Commission member, had expressed concern during the Planning Commission hearing, as to the appropriateness of Section 5.8.6.C.1 in light of the proposed amendment regarding how open space and non-contiguous parcels of residual land are addressed. Much discussion ensued regarding this issue and consensus of the Board is that there is no conflict.

M O T I O N

Commissioner Bender moved that the Board of County Commissioners approve the Rural Land Use Process proposed amendments as presented and outlined above.

Motion carried 3 - 0.

There being no further business, the hearing was adjourned at 4:00 p.m.

WEDNESDAY, SEPTEMBER 5, 2001

GALAXY CABLE FRANCHISE

RENEWAL HEARING

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The Board of County Commissioners met with Jeannine Haag, Assistant County Attorney at 1:30 p.m.; Chair Pro-Tem Gibson presided and Commissioner Bender was present. Also present were Tom Duchen, President of River Oaks Communication Company and cable consultant for the County; Andy Paratore, Director of Information Management Systems; and Jean O'Connor, Recording Clerk.

Chair Pro-Tem Gibson stated that the purpose of this hearing is to commence the cable franchise renewal proceeding for Galaxy Cablevision.

Mr. Duchen provided an overview of the cable process and the franchise informal renewal process.

M O T I O N

Commissioner Bender moved that the resolution to commence the cable television renewal proceedings pursuant to the provisions of the Cable Communications Policy Act of 1984, the Cable Television Consumer Protection and Competition Act of 1992 and the Telecommunications Act of 1996 be approved and adopted in connection with Galaxy Telecomm LP and its affiliates.

Motion carried 2 - 0.

Mr. Ward Webb, representative of Galaxy Comm, LP, thanked the Board for the opportunity to address them and to provide cable service in some rural areas Larimer County.

Mr. Duchen stated that he and Ms. Haag had met with Mr. Webb this morning and have requested information pertinent to the renewal of the cable franchise and that discussions and negotiations are ongoing at this time.

Chair Pro-Tem noted no public is in attendance, and there being no further business, the hearing was closed at 1:50 p.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