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MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

Monday, July 8, 2002

LAND USE HEARING

(#70)

The Board of County Commissioners met with Rob Helmick, Senior Planner; Chair Gibson presided and Commissioners Bender and Rennels were present. Also present were Matt Lafferty and Karin Knauf, Planning Department; Doug Ryan, Health Department; Roxann Hayes and Christie Coleman, Engineering Department; Jeannine Haag, Assistant County Attorney; and Jean O'Connor, Recording Clerk.

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

1. DAVIS MINOR RESIDENTIAL DEVELOPMENT LOT 1 AMENDED PLAT AND CHANGE OF CONDITION: S 1/2 OF 12-08-69; LOCATED ON THE NORTHEAST CORNER OF COUNTY ROAD 15 AND STATE HIGHWAY 1/COUNTY ROAD 58, LOT 1 DAVIS MINOR RESIDENTIAL DEVELOPMENT

This is a request for an Amended Plat to remove or enlarge the building envelope shown on the original plat and/or Change of Condition to allow agricultural related structures outside the building envelope. Staff recommendation is approval with the following conditions 1. The applicant shall comply with the Engineering Department requirements as noted in the memo of June 14, 2002 from Dale V. Greer, Professional Land Surveyor; 2. All conditions shall be met and the Final Plat recorded by January 8, 2003 or this approval shall be null and void.

M O T I O N

Commissioner Bender moved that the Board of County Commissioners approve the Davis Minor Residential Development Amended Plat and change of condition as outlined above.

Motion carried 3 - 0.

  1. LARIMER COUNTY URBAN AREA STREET STANDARDS AMENDMENTS

This is a request to amend the Larimer County Urban Area Street Standards as stated in the staff report provided to the Board at their 3:00 p.m. Land Use Hearing on July 8, 2002. Ms. Hayes stated that public involvement and input for these standards has taken place over the past 18-months. The effective date, Ms. Hayes continued would be determined upon final action by the City Councils of Fort Collins and Loveland.

Chair Gibson noted that there is no public present to comment on this item.

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners approve the Urban Area Street Standard Amendments as presented by staff.

Motion carried 3 - 0.

3. JONES MINOR LAND DIVISION: NE 1/4 OF 11-04-69; LOCATED APPROXIMATELY 1/8 MILE NORTH OF COUNTY ROD 10E ADJACENT TO THE WEST SIDE OF THE RAILROAD TRACKS

This is a request for a Minor Land Division to divide an existing 27.98-acre parcel into two lots. The division will be along an existing zoning line and the result will be one residential lot zoned FA-1 (Farming) and the other a commercial lot zoned C (Commercial). Staff findings are 1. The property is not part of an approved or recorded Subdivision plat; 2. The property is not part of an Exemption or Minor Residential Development approved under the previous Subdivision Resolution or a Minor Land Division; 3. The newly created parcels will meet the minimum lot size required by the applicable zoning district. For uses resulting in a significant public benefit, such as a fire station, the County Commissioners may waive the minimum lot size and minimum lot width requirements provided the proposed use meets minimum setbacks and sewage disposal requirements; 4. The newly-created parcels meet minimum access standards required by the County Engineer or the Colorado Department of Transportation as applicable; 5. Approval of the Minor Land Division will not result in impacts greater than those of existing uses. However, impacts from increased traffic to a public use may be offset by the public benefit derived from such use. Staff recommendation is 1. Prior to recordation of the Final Plat for the Jones Minor Land Division the applicant shall resolve the referral comments as follows a) Those comments found in the referral letter from Dale Greer of the Engineering Department dated May 7, 2002; b) Those comments found in the referral letter from Doug Ryan of the Health Department dated May 28,2002; c) Those comments found in the referral letter from Christie Coleman of the Engineering Department dated May 17, 2002; 2. Prior to recordation of the Final Plat for the Jones Minor Land Division the applicant shall resolve the existing zoning violations at the property; 3. Prior to the recordation of the Final Plat for the Jones Minor Land Division the applicant shall resolve all Building Code violations noted in the letter from Candace Phippen of Building Code Enforcement dated May 17, 2002 on the property. Mr. Lafferty stated that the applicant would like to utilize a septic system instead of public sewer. Mr. Lafferty noted that a septic system could be used if proven that the extension of the sewer line is not feasible. Mr. Thomas Jones, the applicant explained the history of the site and the difficulties in removing scrap metal items. Mr. Jones is willing to walk the property with the appropriate County staff. Commissioner Rennels asked if Mr. Jones concurs with the staff recommendations and Mr. Jones stated that access, drainage and site distance are OK. Chair Gibson asked if Mr. Jones understood compliance with recommendations regarding zoning violations. Mr. Jones stated that he suggested a walk through of the property to explain alleged violations. Chair Gibson asked if tabling the item would be of assistance to the applicant and Mr. Jones noted that he was in agreement.

Chair Gibson noted that no public is present to comment on this item.

M O T I O N

Commissioner Bender moved that the Board of County Commissioner table the Jones MLD until such time that the applicant can meet with staff to address alleged zoning violations.

Motion carried 3 - 0.

There being no further business, the hearing adjourned at 3:40 p.m.

TUESDAY, JULY 9, 2002

ADMINISTRATIVE MATTERS

(#70 &71)

The Board of County Commissioners met with Frank Lancaster, County Manager; Chair Gibson presided and Commissioners Bender and Rennels were present. Also present were Jerry White, Engineering Department; Donna Hart and Deni La Rue, Commissioner's Office; and Jean O'Connor, Recording Clerk.

  1. PUBLIC COMMENT: None
  2. APPROVAL OF THE MINUTES FOR THE WEEK OF JULY 8, 2002:
  3. M O T I O N

    Commissioner Rennels moved that the minutes for the week of July 8, 2002 be approved as presented.

    Motion carried 3 - 0.

  4. APPROVAL OF THE SCHEDULE FOR THE WEEK OF JULY 22, 2002

M O T I O N

Commissioner Bender moved that the Board of County Commissioners approve the schedule for the week of July 22, 2002 as presented.

Motion carried 3 - 0.

4. CONSENT AGENDA:

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners approve the following items as published on the consent agenda for July 8, 2002:

PETITIONS FOR ABATEMENT: As recommended by the Assessor, the following petitions are approved Coopersmith Pub and Brewing; Country Farms LLC; Floyd; Hodge; Hydra Warehouse, Inc; Knoch; M&P Enterprises; Manes Machine Shop; New Look Auto Body; Schaulin; Shaw Sign & Awning; Valkar; Atwood; Del Mar Dental Care; Finn; Harrison; Heim; Hendee; Herasimtschuk; Linge; Lockman; Mayhugh; Meissner; Mills; Muhonen; Shevenock; Simianer/White; Princehorn; Rogers; Rumley; Santangelo et al; Schroeder; Simpson; SMI Creations; Sudac; Tyrrrell; Warner Auto Sales; Weedin; Wigwam Enterprises.

A02-93 DEVELOPMENT AGREEMENT AND RESIDUAL LAND USE RESTRICTIONS FOR BORESEN FARM RURAL LAND USE PLAN BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND RICHARD B AND WAUNETA L BORESEN

A02-94 MUNICIPAL BOND INSURANCE COMMITMENT BETWEEN FINANCIAL SECURITY ASSURANCE INC. AND THE BOARD OF COUNTY COMMISSIONERS

A02-95 AGREEMENT BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONER AND DIAMOND DRUG, INC., dba DIAMOND PHARMACEUTICAL SERVICES

A02-96 AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND DEPARTMENT OF PUBLIC SAFETY, DIVISION OF CRIMINAL JUSTICE- Allocation Letter #03-08 Fiscal Year 2002 - 2003

R02-132 RESOLUTION PROVIDING FOR APPOINTMENT OF INDEPENDENT REFEREES FOR THE LARIMER COUNTY BOARD OF EQUALIZATION

R02-133 RESOLUTION REGARDING EXTENSION OF APPROVAL FOR STOUT EXEMPTION TRACT 2 AMENDED PLAT

R02-134 RESOLUTION REGARDING EXTENSION OF APPROVAL FOR GRASSLANDS SUBDIVISION 2ND, LOT 2, BLOCK 5 AMENDED PLAT

R02-135 RESOLUTION FOR STATUTORY VESTED RIGHTS FOR BORESEN FARM RURAL LAND PLAN

R02-136 RESOLUTION FOR STATUTORY VESTED RIGHTS FOR BEVERLY ACRES SUBDIVISION

MISCELLANEOUS: Conveyance of permanent drainage easement and temporary construction easement to Larimer County by Grant Edward Morgan, Deborah Ann Morgan and Ely P. Morgan; Amended Plat of lot 1 and outlot 1, Marsh Estates Rural Land Use Plan; Final Plat for Boresen Farm Rural Land Use Plan; Amended Plat of a portion of lots 26 & 27, Block 8 Glen Haven Subdivision; Amended Plat of lots 1 & 2, Spring Pond Minor Residential Development; and Amended Plat of Tract #, Paradise Valley Estates.

Motion carried 3 - 0.

5. FINAL APPROVAL FOR PURCHASE/ DONATION OF BUCKEYE CONSERVATION EASEMENT: Mr. White stated that the land was being purchased and donated by MaryBeth Simon and Dan Miller and requested final approval for the expenditure of $60,000 for the acquisition of the Buckeye Conservation Easement and up to $10,000 for survey, title and transaction costs from the Open Space Sales and Use Tax. Chair Gibson questioned the cost of the land and Mr. White stated that other easements in the area had been donated in the past and not purchased.

M O T I O N

Commissioner Bender moved that the Board of County Commissioners approve the expenditure of $60,000 and up to $10,000 from the Open Space Sales and Use Tax for the acquisition and transaction fees, survey, and title work, respectively for the Buckeye Conservation Easement.

Motion carried 3 - 0.

6. RESOLUTION OF COMMITMENT TO PARTICIPATE IN NEGOTIATIONS OF AND IGA TO CREATE THE NORTH FRONT RANGE RURAL TRANSPORTATION AUTHORITY: Chair Gibson stated that the Intergovernmental Agreement (IGA) and the formation of the North Front Range Rural Transportation Authority (NFRRTA) would include several municipalities from Northern Colorado. The NFRRTA would propose to raise approximately $40 million in order to leverage State and Federal funding for rural transportation issues. Commissioner Rennels suggested that the resolution include Chair Gibson as spokesperson for the Board, but also add, "or designee" so that if necessary, another Commissioner could fill in. The Board concurred.

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners approve a resolution of commitment to participate in negotiations of an IGA to create the North Front Range Rural Transportation Authority as amended.

Motion carried 3 - 0.

R02-137 RESOLUTION OF COMMITMENT TO PARTICIPATE IN NEGOTIATIONS OF AN INTERGOVERNMENTAL AGREEMENT TO CREATE THE NORTH FRONT RANGE RURAL TRANSPORTATION AUTHORITY

7. REVISED CREDIT CARD POLICY: Mr. Lancaster briefed the Board of the proposed changes to the policy and noted that reporting is now tighter.

M O T I O N

Commissioner Bender moved that the Board of County Commissioners approve and authorize the Chair to sign upon receipt, a new County Credit Card Policy 320.13D.

Motion carried 3 - 0.

8. WORK SESSION: Mr. Lancaster asked the Board to consider delegating authority to the County Manager regarding Section 6.17 of the Personnel Policy for leave without pay. Commissioner Rennels noted that the situation is a win/win for the County as well as those specially trained employees to provide a community service without expense to the County. The Board concurred.

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners approve delegating authority to the County Manager for Section 6.17 of the Personnel Policy regarding leave without pay.

Motion carried 3 - 0.

Mr. Lancaster noted that a certain Commissioner has had difficulties with the "poltergeist" type of occurrences with his PalmPilot. Mr. Lancaster noted that after extensive national research, staff has found a foolproof solution to the problem and presented that Commissioner with a state of the art PaperPilot.

9. COMMISSIONER REPORTS: The Board individually noted their attendance at events the prior week. Commissioner Rennels asked her fellow Commissioners if they would like to participate in the Loveland Corn Roast Bed Race on August 24th. The Board agreed and the individual Commissioners will pay entry fees.

10. APPROVAL OF THE ALPS TIRE CLEAN UP: Mr. Lancaster stated that there is currently 5 - 7 million tires stored at the Alps site and has be declared the worst in the State. After extensive negotiations for clean-up, Larimer County will receive a donated 12-acre conservation easement above Ron Hagler Lake from the Alps family. The easement, Mr. Lancaster continued, will be maintained by the Division of Wildlife (DOW) which owns adjacent land. Mr. Lancaster requested the Board approve two agreements, one with Snowy River for the clean up of the pile and one with the Alps family for the conservation easement.

M O T I O N

Commissioner Bender moved that the Board of County Commissioners approve the two agreements as presented.

Motion carried 3 - 0.

A02-97 AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND SNOWY RIVER ENTERPRISES FOR THE CLEAN UP OF THE ALPS TIRE PILE

A02-98 AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE ALPS FAMILY FOR CONVEYANCE OF 12+/- ACRES FOR A CONSERVATION EASEMENT

  1. LEGAL MATTERS: None

There being no further business, the meeting adjourned at 10:25 a.m.

_____________________________

GLENN W. GIBSON, CHAIR

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.