Loveland Bike Trail
 

MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

Monday, October 22, 2001

LAND USE HEARING

(#107)

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 Tom Garton, Chief Building Official; Frank Lancaster, County Manager; Doug Ryan, Environmental Planner; Jeannine Haag, Assistant County Attorney; and Jean O'Connor, Recording Clerk.

  1. BUILDING CODE AMENDMENT FOR WOOD STOVES AND FIREPLACES: Continued from October 15, 2001.

Chair Rennels stated that the outcome of the previous hearing did not provide staff with clear direction regarding the three issues, which resulted from that hearing. Today, Chair Rennels continued, it is the desire of the Board to provide clear direction, allow time for public review and schedule another public hearing in the near future.

Mr. Lancaster clarified the intent of the Board and noted the following three issues 1. No change for wood stoves from the currently adopted amendment. All wood stoves, new or replacement, will meet the Class III standards. 2. Fireplaces, masonry or zero clearance, no change within the air emission area, new or replacement. All will comply with the air emission standards. 3. Traditional fireplaces will be allowed outside the air emission area whether they are new or replaced.

Mr. Lancaster also clarified that "inserts" are the same as wood stoves and will be treated as such when upgraded, replaced or newly installed anywhere in the county. Staff will review standards for "inserts" as technology changes/improves.

Chair Rennels asked if a review could occur annually and Mr. Lancaster replied in the affirmative. Mr. Garton confirmed the "Air Emission Area", which is the same as the state required auto emission area.

Much discussion ensued regarding the length of time to prepare a new document, allow for citizen review and the scheduling of a new hearing.

M O T I O N

Commissioner Bender moved that the Board of County Commissioners table the Building Code Amendment for Wood stoves and Fireplaces to November 19, 2001 at 3:00 p.m.

Motion carried 3 - 0.

There being no further business, the hearing adjourned at 3:30 p.m.

TUESDAY, OCTOBER 23, 2001

ADMINISTRATIVE MATTERS

(#107 &108)

The Board of County Commissioners met with Frank Lancaster, County Manager; Chair Rennels presided and Commissioners Bender and Gibson were present. Also present were Dave Clarkson, Division of Wildlife; Rick Dykstra, Progressive 15 Executive Director; Linda Bobbitt, Health and Human Services; Larry Timm, Director of Planning; George Hass, County Attorney; Jeannine Haag and David Ayraud, Assistant County Attorneys; Jerry Blehm, Director of Environmental Health; Gary Buffington, Director of Parks and Open Lands; Carol Evans, Planner II; Rob Helmick, Senior Planner; Doug Ryan, Environmental Planner; Gary Darling, Captain Sheriff's Office; 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 OCTOBER 15, 2001: Moved to Legal Matters
  3. APPROVAL OF THE SCHEDULE FOR THE WEEK OF OCTOBER 29, 2001:

M O T I O N

Commissioner Bender moved that the Board of County Commissioners approve the schedule for the week of October 29, 2001.

Motion carried 3 - 0

  • Invitations: Ms. Hart reviewed pending invitations with the Board.

  1. CONSENT AGENDA:

M O T I O N

Commissioner Gibson moved that the Board of County Commissioners approve the following documents as presented on the consent agenda for October 23, 2001:

ACTION ITEMS: Renew signature authority for Workforce Center staff for program year 2001.

ABATEMENTS: As recommended by the Assessor, the following petitions for abatement are approved: Barger; Bartsch & Korf; K&K Development; O'Reilly & Pressnall; Walker; and Eyes Have It.

A01-153 AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND TELE-WORKS, INC TO FURNISH ENGINEERING, CONSULTING, INSTALLATION SERVICES, HARDWARE AND SOFTWARE

A01-154 AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND WELD COUNTY DEPARTMENT OF HUMAN SERVICES THROUGH LARIMER COUNTY WORKFORCE CENTER TO PROVIDE FUNDING TO WELD COUNTY FOR AN AMERICORPS TEAM

A01-155 AMENDMENT TO THE INTERGOVERNMENTAL AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE CITIES OF LOVELAND AND FORT COLLINS CONCERNING THE SAUER OPEN LANDS PROPERTY (Approved 10/16/01)

A01-156 DEVELOPMENT AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND JUDY KAY DeVORE AND MARVIN GENE DeVORE FOR BIG BUCK RIDGE PLANNED DEVELOPMENT

A01-157 LETTER OF INTEND AND PRECONSTRUCTION SERVICES AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND M.A. MORTENSON FOR THE FAIRGROUNDS AND EVENT CENTER COMPLEX

A01-158 LETTER OF INTENT AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE CENTRAL HOCKEY LEAGUE

A01-159 LARIMER COUNTY WORKFORCE CENTER NATIONAL RESERVE ACCOUNT FUNDING PROPOSAL BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE COLORADO DEPARTMENT OF LABOR

C01-42 CONTRACT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE STATE OF COLORADO FOR THE USE AND BENEFIT OF THE DEPARTMENT OF NATURAL RESOURCES FOR GRANT FOR DRY CREEK FLOOD CONTROL

D01-21 DEED OF CONSERVATION EASEMENT BY THE CITIES OF FORT COLLINS AND LOVELAND FOR THE BENEFIT OF LARIMER COUNTY (Approved 10/16/01)

R01-195s FINDINGS AND RESOLUTION APPROVING AN AMENDED PLAT AND RIGHT-OF-WAY VACATION IN RAMONA HEIGHTS SUBDIVISION

R01-196s FINDINGS AND RESOLUTION APPROVING THE PRELIMINARY PLAT FOR CLYDESDALE PARK PLANNED UNIT DEVELOPMENT SECOND FILING PHASES 3, 4 & 5

R01-197s FINDINGS AND RESOLUTION APPROVING STREET NAMES IN WATERDALE MOBILE HOME PARK

R01-198s FINDINGS AND RESOLUTION APPROVING STREET NAMES IN QUILLAN GULCH RANCH

R01-199s FINDINGS AND RESOLUTION APPROVING THE GUERRERO MINOR LAND DIVISION

R01-200s FINDINGS AND RESOLUTION APPROVING THE WARNER MINOR LAND DIVISION/EXEMPTION

R01-201g RESOLUTION ESTABLISHING COMPENSATION FOR DISTRICT ATTORNEY APPOINTED OFFICIALS

R01-202s RESOLUTION FOR STATUTORY VESTED RIGHTS FOR THE BIG BUCK RIDGE PLANNED DEVELOPMENT

MISCELLANEOUS: Big Buck Ridge Planned Development Final Plat; Wagner Minor Land Division; Amended Plat, Lot 5 Woody Creek Subdivision and Lot 4 Woody Creek MRD.

LIQUOR LICENSES: The following licenses were approved River Forks Stage Stop- 6%- Drake, CO and Seven Eleven Store #32276- 3.2%- Fort Collins, CO. The following licenses were issued Vern's Liquor- 6%- LaPorte, CO; Mexican Inn- 6%- Loveland, CO; and Beaver Inn- 6%- Red Feather Lakes, CO.

Motion carried 3 - 0.

5. UPDATE ON CHRONIC WASTING DISEASE (CWD): Mr. Clarkson introduced Mr. Mark Vieira, DOW Terrestrial Biologist and updated the Board on efforts to manage CWD in deer and elk herds in an area generally known as Harmony Road/Rocky Mountain National Park north to the Wyoming line and Cameron Pass east to I-25. Mr. Clarkson requested the Board consider allowing DOW to access Horsetooth Mountain Park and Devil's Backbone areas in order to "net and euthanize" herds. Mr. Clarkson also asked the Board to consider waiving the landfill fees to encourage hunters to properly dispose carcasses. Chair Rennels questioned whether such disposal would pose a health/safety issue. Mr. Blehm stated that there is no proof such disposal would cause a problem, but suggested a separate disposal area. Chair Rennels requested DOW staff work with Mr. Blehm and Ms. Henderson and come back with a more definitive process.

6. PRESENTATION ON PROGRESSIVE 15: Mr. Rick Dykstra, Progressive 15 Executive Director, explained the program and requested the Board consider joining the Progressive 15. Mr. Dykstra noted that the Board is the first to be contacted in Larimer County and stated the individuals; businesses and corporations would also be contacted.

7. INFORM THE BOARD OF COMPASS PUBLIC ROLLOUT PLANS: Ms. Bobbitt updated the Board on the "Compass Project", which is a partnership with United Way. Compass, Ms. Bobbitt continued is a web site available on the County Bulletin Board and contained everything and anything you ever wanted to know about Larimer County. Ms. La Rue outlined efforts to publicize the Compass site.

8. REQUEST FROM THE CITY OF LOVELAND TO WAIVE THE REQUIREMENT FOR ANNEXATION IMPACT REPORTS: Mr. Timm noted that the City of Loveland will be annexing several enclaves and has requested the requirement for annexation impact reports be waived.

M O T I O N

Commissioner Gibson moved that the Board of County Commissioners approve waiving the requirement for the City of Loveland to submit annexation impact reports.

Motion carried 3 - 0.

9. WORK SESSION: Mr. Lancaster informed the Board of a call from the Sheriff notifying him that $48,000 has been received from a LEAF Grant for the continued operation of DUI Enforcement.

Mr. Lancaster noted that 18 & Over Nights were discussed during the last regional managers meeting.

Mr. Lancaster stated that several requests have been made recently to waive personnel policies and requested discussion to allow the County Manager broader authorization to waive policy if the request is also approved by the Human Resources Director. Consensus of the Board is to direct staff to draft a proposal.

10. COMMISSIONER REPORTS: Commissioner Gibson stated that the Board toured and inspected the detention center as required by Statute; that he and Commissioner Bender toured the Ramsey/Shockley Open Space; attended a legislative breakfast and a CML dinner.

Commissioner Bender noted his attendance at the Affordable Housing meeting and discussed potential legislation; attended the County Boards and Commissions appreciation banquet; attended a dinner for Birth Right, an organization that provides financial assistance to pregnant women; and stated that he would be volunteering at Horsetooth Mountain Park tomorrow.

Chair Rennels stated that she also attended the Boards and Commissions reception as well as a Fairgrounds dinner.

11. LEGAL MATTERS: Mr. Hass addressed an executive session that occurred last week and how to apply recent legislation since the Clerk and Recorders office was not in attendance. Mr. Lancaster explained that the executive session was related to his performance review and that Ms. O'Connor had questioned the appropriateness of her attendance. Ms. O'Connor noted that the executive session is not currently included in the minutes presented for review since no information regarding the executive session was provided. Mr. Hass stated that the Chair should provide pertinent information to Ms. O'Connor to be noted in the minutes for last week; write directly on notes of the session that discussions were strictly related to citation #24-6-402(4)(f); place the information in a sealed enveloped with an executive session label over the seal and keep it for 90-days in the same manner as previously decided.

M O T I O N

Commissioner Bender moved that the Board of County Commissioners approve the minutes for the week of October 15, 2001 as presented and with the executive session information.

Motion carried 3 - 0.

Ms. Haag stated that as condition of approval for Heron Lake Campground Special Review, the applicant was required to obtain "permanent water rights". This requirement, Ms. Haag continued could take a few years to achieve so staff is requesting a slight modification to the condition, which would allow the applicant to proceed at their own risk and the County would be held harmless. Mr. Ryan stated this modified condition would be included in the Development Agreement for which both the applicant and the County will sign. Consensus of the Board is to revise the condition.

Mr. Ayraud requested approval for the Chair to sign a release related to the Larimer County vs. Poudre Valley Hospital case. Commissioner Gibson requested additional information regarding the case and Mr. Ayraud suggested the Board go into executive session for legal advice.

M O T I O N

Commissioner Gibson moved that the Board of County Commissioner go into executive session at 11:45 a.m. and sited 24-6-402(4)(b).

Motion carried 3 - 0.

Executive session ended at 11:50 a.m.; the following action was taken:

M O T I O N

Commissioner Gibson moved that the Board of County Commissioners approve a confidential settlement between Larimer County and Poudre Valley Hospital.

Motion carried 3 - 0.

There being no further business, the meeting adjourned at 11:51 a.m.

PUBLIC HEARING

For

FORT COLLINS INDUSTRIAL PARK LOCAL IMPROVEMENT DISTRICT

(#110)

The Board of County Commissioner met at 1:30 p.m. with Rex Burns, Project Engineer; Chair Rennels presided and Commissioners Bender and Gibson were present. Also present were Mark Peterson, County Engineer; Linda Sanders, Staff Service Manager; and Jean O'Connor, Recording Clerk.

Chair Rennels noted this item was tabled on August 14, 2001. Mr. Burns provided history regarding the need for a district and outlined the boundaries. Ms. Sanders reminded the Board that they previously referred this matter to the November election, for which ballots have been mailed and should be returned by November 6, 2001.

Mr. Glenn Frank asked for clarification as to who could vote on the district and Ms. Sanders noted that individual property owners could vote but that if a corporation held the property, no vote could be cast.

Mr. Cliff Buckholtz expressed concern with the letter sent by staff stating that property owners could only vote if they contacted the Clerk and Recorders office and that no one would be automatically mailed a ballot regarding the district issue. Mr. Buckholtz also noted concern that he must repair the road fronting his property now, but does not want to be assessed if the district passes

Mr. Jim Cambors stated that automobiles cause little damage to roads and that heavy trucks and moisture cause the most damage. Mr. Cambors noted that his business is very small and may generate 10 vehicle trips per day (VTD). Mr. Cambors suggested the county consider a traffic study and assess according to VTDs.

Much discussion ensued regarding methods of assessment. Commissioner Bender agreed with a frontage type of assessment and believes it would be fair and equitable.

M O T I O N

Commissioner Bender moved that the Board of County Commissioners approve the creation of the Fort Collins Industrial Park Improvement District #2001-1.

Motion carried 3 - 0.

R01-203g RESOLUTION CREATING THE LARIMER COUNTY LOCAL IMPROVEMENT DISTRICT #2001-1 (Fort Collins Industrial Park)

There being no further business, the Board recessed at 2:15 p.m.

FARGO COUNTY ROADHOUSE

LIQUOR LICENSE RENEWAL HEARING

(#110)

The Board of County Commissioners reconvened at 2:30 p.m. 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. Connors informed the Board that legal council for Grandbois Enterprises, dba Fargo County Roadhouse has requested this hearing be tabled for one week.

M O T I O N

Commissioner Bender moved that the Board of County Commissioners table the Fargo County Roadhouse liquor license renewal hearing to October 30, 2001 at 2:30 p.m.

Motion carried 3 - 0.

There being no further business, the hearing adjourned at 2:35 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

Background Image: Loveland Bike Trail by Sharon Veit. All rights reserved.