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MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

Monday, July 15, 2002

LAND USE HEARING

(#72)

The Board of County Commissioners met with Rob Helmick, Planning Department; Chair Gibson presided and Commissioner Bender was present. Also present were Jeannine Haag, Assistant County Attorney and Jean O'Connor, Recording Clerk.

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

  1. VOICESTREAM WIRELESS ANTENNA: 1435 PROSPECT MOUNTAIN DRIVE

This is a request to build an unlit and unguided 95-foot tall antenna tower, providing for a total of four antenna locations on this single tower to be located at the top of Prospect Mountain. Staff recommendation is approval with the following conditions 1. Existing Voicestream "Brown" site shall be removed within six (6) months of completion of new tower. A letter from the applicant shall be submitted to the Community Development Department verifying removal of the tower. Failure to remove tower shall render this approval null and void; 2. The applicant shall not exclude other providers from co-locating on the tower when co-location is structurally, technically or otherwise possible. The County Commissioners may revoke a tower building permit or other administrative approvals if conditions for approval of an antenna tower include co-location but a) The tower owner in not willing to provide space for other carriers at a fair market rate when it would not impair the structural integrity of the tower or cause interference; or b) The tower owner modifies the structure in a way to make the co-location impractical or impossible. If approval is revoked, the facility must be removed at the owners' expense; 3. This facility shall be considered abandoned if it is unused by all providers at the facility for a period of 180 days. The Community Development Director shall determine if the facility has been abandoned. The Community Development Director has the right to request documentation from the facility owner regarding tower or antenna usage. Upon abandonment, the facility owner has 90 days to a) Reuse the facility or transfer the facility to another owner who will reuse it; or b) Dismantle the facility. If the facility is not removed within 90 days of abandonment, the County may remove the facility at the facility and/or property owner's expense. If the facility is removed, County approval of the facility expires; 4. The facility shall comply with the standards of the Estes Valley Development Code, all applicable standards of the Federal Telecommunications Act of 1996, and all applicable requirements of the Federal Aviation Administration; 5. Approval does not include manned offices, long-term vehicle storage or other outdoor storage, or other uses not needed to send, receive or relay transmissions; 6. Signage at the site shall be limited to non-illuminated warning and equipment identification signs; 7. There shall be no exterior lighting on the tower, associated buildings, or lease area; 8. Limits of disturbance shall be designated in the field before commencement of excavation, grading, vegetation removal, or construction with construction barrier fencing or some other method approved by Staff; 9. Disturbed areas shall be revegetated with native grass mixture before final building department inspection; 10. Antennas and tower shall be gray in color. If painted, equipment color shall be maintained; 11. The following shall be included with building permit submittal a) A letter, signed and stamped by a structural engineer licensed in the state of Colorado, stating the tower will be able to structurally support antenna panels on all co-locate areas; b) A letter, signed by a registered Radio Frequency engineer, stating the co-locate locations are valid; 12. Compliance with a revised site plan to contain the following a) Accurate vicinity map; b) Elevation drawings shall include locations for future co-locates; c) Site plan shall include location and address of the tower to be removed; d) The following signature block: Owner Certification: The undersigned, being the property owners, do hereby agree that the real property as described in the application for Special Review filed herewith, and as shown on this site plan, shall be subject to the provisions of Section 5.3.T "Wireless Telecommunications Facilities" of the Estes Valley Development Code and any other ordinances pertaining thereto. (Include owners signature and notary)

M O T I O N

Commissioner Bender moved that the Board of County Commissioners approve the Voicestream Wireless Antenna Tower proposal as presented and outlined above.

Motion carried 2 - 0.

There being no further business, the hearing adjourned at 3:05 p.m.

TUESDAY, JULY 16, 2002

ADMINISTRATIVE MATTERS

(#73 & 75)

The Board of County Commissioners met with Frank Lancaster, County Manager; Chair Gibson presided and Commissioners Bender and Rennels were present. Also present were Donna Hart, Melinda Keen, and Deni La Rue, Commissioner's Office; Carol Block and Terri Bryant, Finance Department; Mark Peterson and Charlie Johnson, Engineering Department; K-Lynn Cameron, Open Lands; Jeannine Haag, Assistant County Attorney; Larry Timm, Rob Helmick, Russ Legg, Claudia DeLude, Planning Division; and Jean O'Connor, Clerk to the Board.

  1. PUBLIC COMMENT: None

2. APPROVAL OF THE MINUTES FOR THE WEEK OF JULY 8, 2002:

M O T I O N

Commissioner Bender moved that the Board of County Commissioners approve the minutes for the week of July 8, 2002 as presented.

Motion carried 3 - 0.

M O T I O N

Commissioner Bender moved that the Board of County Commissioners approve the revised minutes for the week of June 17, 2002.

Motion carried 3 - 0.

3. APPROVAL OF THE SCHEDULE FOR THE WEEK OF JULY 22, 2002:

M O T I O N

Commissioner Rennels 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 Bender moved that the Board of County Commissioners approve the following items as presented on the consent agenda for July 16, 2002:

A02-99 AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND MICHAEL I AND BETTY L. JANSMA FOR ROAD IMPROVEMENTS ON COUNTY ROAD 14 (PN8043)

A02-100 AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND FRANK AND SOILA MENDOZA FOR BRIDGE REPLACEMENT ON COUNTY ROAD 48 (Bridge #48-0.2-19)

A02-101 AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND CURTIS A. BRIDGES FOR ROAD IMPROVEMENTS ON COUNTY ROAD 64

A02-102 AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND DELBERT AND CAROL JEAN AMBROSIO FOR ROAD IMPROVEMENTS ON COUNTY ROAD 14

A02-103 DEVELOPMENT AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND NCR IV, LLC FOR THE BRILL MEDIA FM RADIO TOWER SPECIAL REVIEW

D02-16 DEED OF DEDICATION OF RIGHT-OF-WAY BY FRANK AND SOILA MENDOZA FOR USE AS A PUBLIC HIGHWAY

D02-17 DEED OF DEDICATION OF RIGHT-OF-WAY BY CURTIS A. BRIDGES FOR USE AS A PUBLIC HIGHWAY

D02-18 DEED OF DEDICATION OF RIGHT-OF-WAY BY MICHAEL AND BETTY JANSMA FOR USE AS A PUBLIC HIGHWAY

D02-19 DEED OF DEDICATION OF RIGHT-OF-WAY BY DELBERT RICHARD AND CAROL JEAN AMBROSIO FOR USE AS A PUBLIC HIGHWAY

D02-20 DEED OF DEDICATION OF RIGHT-OF-WAY BY BRAD N. ARNOLD FOR USE AS A PUBLIC HIGHWAY

D02-21 DEED OF DEDICATION OF RIGHT-OF-WAY BY CLIFTON AND KAREEN DAVISON FOR USE AS A PUBLIC HIGHWAY

D02-22 DEED OF DEDICATION OF RIGHT-OF-WAY BY JOHN AND SUSAN BLAKNEY FOR USE AS A PUBLIC HIGHWAY

D02-23 DEED OF DEDICATION OF RIGHT-OF-WAY BY KURT AND NANCY ZIMMERMAN FOR USE AS A PUBLIC HIGHWAY

D02-24 DEED OF DEDICATION OF RIGHT-OF-WAY BY REX AND REGINA BIVENS FOR USE AS A PUBLIC HIGHWAY

D02-25 DEED OF DEDICATION OF RIGHT-OF-WAY BY KAREEN DAVISON FOR USE AS A PUBLIC HIGHWAY

R02-138 RESOLUTION APPROVING THE PURCHASE OF THE MILLER/SIMON CONSERVATION EASEMENT a.k.a. BUCKEYE III

R02-139 RESOLUTION TO ESTABLISH EARLY VOTING HOURS

R02-140 RESOLUTION TO DETERMINE ELECTION JUDGE'S COMPENSATION

MISCELLANEOUS: Conveyance of permanent drainage easement to Palladian Construction Company by Larimer County; Conveyance of permanent maintenance easement to Larimer County by Frank and Soila Mendoza; Larimer County Saddleback and Solar Ridge Public Improvement District Advisory Road Board Bylaws; Wagner Minor Land Division; Amended Plat of Lot 1 Fort Fun Minor Land Division; Amended Plat of Lot 10 Applewood Estates; and Larimer County Landfill Minor Land Division.

LIQUOR LICENSES: The following licenses were approved Sodexho Management, Inc- new manager registration; Sols Long Branch Saloon- Tavern- LaPorte, CO. The following licenses were issued Taharaa Mountain Lodge- Tavern- Estes Park, CO; Supermarket Liquors, Inc- Retail- Fort Collins, CO; and Al Fresco Great Italian Foods- H & R- Fort Collins, CO.

Motion carried 3 - 0.

5. REQUEST TO REFER BALLOT INITIATIVE TO INCREASE THE BOARD OF COUNTY COMMISSIONERS TO 5: Ms. Mary Anne Martell and Mr. Alan Apt of the Citizens for 5 Initiative Committee presented petitions of approximately 9,000 signatures in support of placing the question to increase the Board of County Commissioners to 5, on the November ballot. Instead of submitting the petitions, Ms, Martell requested the Board refer the issue to the ballot to allow the citizens to decide if additional representation is needed on the Board. Mr. Apt noted that the ballot would also address how the 5 Commissioners would be elected. I.e.: Via district or at large or a percentage thereof.

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners accept the referendum and direct the County Attorney to draft a resolution as such and include three options as to how the Commissioners would be elected.

Motion carried 2 - 1. Chair Gibson dissented.

6. APPROVAL OF THE 2001 FINANCIAL REPORT: Ms. Block reviewed the 2001 report and requested approval of the first report submitted under the new GASP guidelines. Mr. Alan Holmberg of Anderson and Whitney highlighted key points within the report.

M O T I O N

Commissioner Bender moved that the Board of County Commissioners approve the 2001 Financial Report as presented and submitted.

Motion carried 3 - 0.

7. REQUEST TO CHANGE CLERK II POSITION IN THE ENGINEERING DEPARTMENT: Mr. Peterson stated that the last four individuals holding this position have resigned and taken full time employment in other County departments or the private sector. The request, Mr. Peterson continued is to change the Clerk II position from a part-time to a full-time to allow for additional support for development review related activities within the department.

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners approve a change in classification of an existing Office Clerk II position from part-time to full-time with attendant allocation of funding to cover the change.

Motion carried 3 - 0.

8. REVISED ENVIRONMENTAL RESPONSIBILITY POLICY: Mr. Lancaster noted that upon routine review of this policy, staff is proposing clarification type changes and has added a section regarding environmental restoration.

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners approve the revised Environmental Responsibility Policy as presented.

Motion carried 3 - 0.

(Clerk Note: No policy was presented for signature at this time.)

9. APPOINTMENTS TO BOARDS AND COMMISSIONS: Ms. Keen stated that the following citizens are recommended for re-appointment or term extension. Urban Growth Area Review Board- term extensions beginning July 1, 2002 and ending January 1, 2003- Bob Long and Robert Rudolph. Weed Control District Advisory Committee- re-appointments for a one-year term beginning July 1, 2002 and expiring June 30, 2003- Guy Haggard, Cindy Lair, Brad Moos, Duane Pond, and Douglas Rogakis.

M O T I O N

Commissioner Bender moved that the Board of County Commissioners approve the appointments to the Boards as presented.

Motion carried 3 - 0.

10. REQUEST TO APPLY FOR GRANT FUNDING FOR THE HUB: Mr. Lancaster stated that a grant funding application for the HUB is forthcoming and requested approval to have the Chair sign it upon receipt.

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners authorize the Chair to sign an application for grant funding for the HUB upon receipt.

Motion carried 3 - 0.

11. WORK SESSION: Mr. Lancaster distributed and reviewed the quarterly Internal Monitoring Report noting that he would report back to the Board with findings regarding overages in Open Lands and the Workforce Center.

  1. COMMISSIONER REPORTS: The Board reported on their attendance at events the past week.
  2. LEGAL MATTERS:

EXECUTIVE SESSION (#74)

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners go into executive session at 11:15 a.m. and sited 24-6-402(4)(b) C.R.S.

Motion carried 3 - 0.

Executive session ended at 11:45 a.m. and the Board directed staff and the County Attorney to propose an amendment to the Land Use Code to clearly address short term rentals.

EXECUTIVE SESSION (#74)

M O T I O N

Commissioner Bender moved that the Board of County Commissioner go into executive session at 11:50 a.m. and sited 24-6-402(4)(b) C.R.S.

Motion carried 3 - 0.

Executive session ended at 12:00 p.m.; discussion ensured regarding concerns with signs in residential areas and the probability of amending the Land Use Code.

EXECUTIVE SESSION (#74)

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners go into executive session at 12:10 p.m. and sited 24-6-402(4)(a) C.R.S.

Motion carried 3 - 0.

Executive session ended at 12:30 p.m.; no action was taken.

There being no further business, the meeting adjourned at 12:35 a.m.

________________________________

GLENN W. GIBSON, 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: Rocky Mountain National Park by Sue Burke. All rights reserved.