MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

Monday, May 5, 2003

LAND USE HEARING

(#159)

The Board of County Commissioners met with Rob Helmick, Senior Planner; Chair Bender presided and Commissioners Gibson and Rennels were present. Also present were Geniphyr Ponce-Pore, David Karan, and Matt Lafferty, Planning Department; Traci Downs, Engineering Department; Doug Ryan, Health Department; Jeannine Haag, Assistant County Attorney; and Jean O'Connor, Recording Clerk.

Chair Bender noted the following items are consent and would not be discussed unless requested by the Board or members of the audience.

1. AMENDED PLAT FOR LOTS 8 AND 16, BLOCK 6, GLEN HAVEN SUBDIVISION: SE 1/4 OF THE SW 1/4 OF SEC 27, T6N, R72W OF THE 6TH PM, LARIMER COUNTY, MORE SPECIFICALLY LOCATED APPROXIMATELY 1/2 MILE WEST OF THE INTERSECTION OF COUNTY ROAD 43 AND FOX CREEK ROAD.

This is a request to amend the plat of Glen Haven Subdivision, Lots 8 and 16, Block 6 to realign the boundary between two lots in order to create a buildable space on Lot 16. Staff recommendation is approval subject to the following condition and authorization for the chairman to sign the plat when the condition is met and the plat is presented for signature 1. The Final Plat shall be recorded by November 5, 2003 or this approval shall be null and void.

2. AMENDED PLAT AND EASEMENT VACATION OF LOTS 1, 2, 6, 16, 17, AND 18, BLOCK 3, LETITIA LAKES SUBDIVISION: NORTH 1/2 SECTION 27, TOWNSHIP 10 NORTH, RANGE 73 WEST OF THE 6TH PM, LARIMER COUNTY, COLORADO

This is a request to amend the plat of Lots 1, 2, 6, 16, 17, and 18, Block 3, Letitia Lakes Subdivision, combining a total of 6 lots and a portion of the Mary Quaintance Estate, into 3 lots, and to vacate an access easement. Staff recommendation is approval subject to the following conditions and authorization for the chairman to sign the plat when the conditions are met and the plat is presented for signature 1. The Final Plat shall be recorded by November 5, 2003 or this approval shall be null and void; 2. Minor technical changes shall be made to the plat prior to recordation, per Dale Greer of Larimer County Engineering.

3. AMENDED PLAT OF LOTS 17 AND 18 AND RIGHT-OF-WAY EASEMENT VACATION FOR X-BAR SEVEN SUBDIVISION: SECTION 25, TOWNSHIP 4 NORTH, RANGE 71 WEST OF THE 6TH PM IN X-BAR SEVEN SUBDIVISION, LARIMER COUNTY, COLORADO, APPROXIMATELY 3.5 MILES SW OF CARTER LAKE RESERVOIR

This is a request to amend Lots 17 and 18 of the plat of X-Bar Seven Subdivision, and vacate a portion of the right-of-way in order to realign the established right-of-way (Stagecoach Trail) approximately 4 feet to the north in order to remove the existing well from the platted right-of-way and to create one outlot. Staff recommendation is approval subject to the following conditions and authorization for the chairman to sign the plat when the conditions are met and the plat is presented for signature 1. The Final Plat shall be recorded by November 5, 2003 or this approval shall be null and void; 2. Technical corrections to the plat, as required by Dale Greer of Larimer County Engineering, shall be made prior to recordation of the plat.

4. UTILITY EASEMENT VACATION FOR PARCELS 1 THROUGH 4 OF THE AMENDED PLAT OF ALL OF OR PORTIONS OF LOTS 32 THROUGH 37, 60 THROUGH 65, AND LOT 27 OF BLOCK 1, ALSO LOTS 38, 39, AND 52 THROUGH 59 OF BLOCK 2 ALL IN THE RESTU SUBDIVISION: SECTIONS 2 & 3, TOWNSHIP 5N, RANGE 71W; LOCATED APPROXIMATELY 1 MILE SOUTH OF DRAKE IN THE BIG THOMPSON RIVER CANYON.

This is a request seeking to relocate a number of utility easements to correspond to the actual location of the existing utility lines. This vacation will clarify the relationship between the dedicated private road and existing driveways. Staff recommendation is approval with the following condition 1. Any relocation of Qwest's facilities due to the vacation of these easements will be paid for by the landowners.

5. CLYDESDALE PARK PUD 1ST FILING LOTS 9, 11, 12 & 13 - UTILITY AND DRAINAGE EASEMENT VACATION: NE 1/4 OF 15-07-68; LOCATED ON THE SOUTH SIDE OF HIGHWAY 14, APPROXIMATELY 1/2 MILE EAST OF I-25

This is a request to vacate a 5 foot Utility and Drainage easements along the eastern boundaries of Lots 9, 11, 12 &13 of the Clydesdale Park PUD 1st Filing. Staff recommendation is approval and authorize the chairman to sign the plat when the conditions are met and the plat is presented for signature.

  1. HERON POINT MINOR LAND DIVISION: A PORTION OF THE N 1/2 OF 03-04-69; LOCATED ON THE SOUTH SIDE OF COUNTY ROAD 14 ON BOTH THE EAST AND WEST SIDES OF COUNTY ROAD 17

This is a request for a Minor Land Division to create two lots from the 80.97-acre parcel situated at the southwest and southeast corners of County Roads 14 and 17. Staff recommendation is approval and authorization for the Chairman to sign the plat when the condition is met and the plat is presented for signature 1. Prior to the recordation of the Final Plat for the Heron Point Minor Land Division the applicant shall address the technical issues found in the referral letter from Dale Greer of the Larimer County Engineering Department dated March 26, 2003.

MOTION

Commissioner Gibson moved that the Board of County Commissioners approve the consent agenda as presented and outlined above.

Motion carried 3 - 0.

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

LAND USE HEARING

(#159 & 160)

Audio Difficulties Experienced

The Board of County Commissioners met with Larry Timm, Director of Planning; Chair Bender presided and Commissioners Gibson and Rennels were present. Also present were Russ Legg, Planning Department; Jeannine Haag, Assistant County Attorney; and Jean O'Connor, Recording Clerk.

  1. LARIMER COUNTY-TOWN OF TIMNATH INTERGOVERNMENTAL AGREEMENT REGARDING GROWTH MANAGEMENT

Mr. Timm provided the Board with background discussions between the Town, citizens and County staff leading to the proposed Intergovernmental Agreement (IGA). Mr. Timm noted that the Town is proposing "Flagpole" annexations within the IGA and that some property owners have voiced a concern that the IGA is being adopted prematurely. They say that there are several issues that should be resolved between some of the major property owners in the proposed GMA, utility providers, and the Town before the IGA is finalized and adopted. The primary issue at this time pertains to which entity is to provide sewer service within the GMA. Another, parallel issue may be that of water service in the proposed Timnath GMA. They say that the outcome of these property owner/utility provider/Town discussions could affect the desired or necessary wording of the IGA, so the adoption of the IGA should be postponed until after these key decisions are made. Mr. Timm further noted a change to the staff report: E.1. The sentence beginning with "Timnath shall prepare..." through the end of the paragraph should be deleted since it is not applicable to this IGA.

Ms. Analee Foster, Mayor of the Town of Timnath, stated that an IGA with the County has been a goal for several years and expressed the Town's commitment to participate with adjoining communities as well as regionally. Ms. Foster also noted that the Town agrees with the proposed staff deletion within E.1.

At this time the hearing was opened to the public and Mr. Jim Martell, attorney representing owners of property (approximately 2,500-acres) within the proposed Growth Management Area (GMA), stated support for the concept of an IGA but not as proposed and not at this time. Mr. Martell noted that an IGA is premature since no transportation or drainage studies have been performed. If the Board approves the IGA at this time, landowners could lose their property rights/ options because they will be committed to the IGA. Without drainage and transportation studies, a property owner or developer can not propose a development, Mr. Martell continued.

Mr. Martell noted that communication and momentum were lost between landowners and the Town regarding the proposed language for an annexation agreement due to a lack of "services" to be provided by the Town as stated in the proposed IGA.

Mr. Martell noted the following points of contention between landowners and the Town: 1. Land Use decisions to be made by a Town that is not fully organized or prepared to make such decisions. I.e. Necessary plans/ studies not in place at this time; 2. This IGA differs with others involving the County in that it clearly states there would be no increase of density. IGA's with the Town of Windsor and Berthoud both allow for development in accordance with the municipality zoning. I.e. Urban vs. rural; 3. Critical mass annexations to the Town- no "flagpole" annexations; 4. Prior to the adoption of an IGA with Timnath, the Town should have a "track record" for land use review; at this time, the Town has not accepted its' first development application much less approved any development.

Mr. Byron Collins, representative of the Nelson property development, stated it is pre-mature to act on an IGA noting the transportation and drainage studies need to be completed and the Town Business Plan needing time to come to fruition.

Chair Bender asked how the IGA would affect the Nelson project if approved today? Mr. Collins stated that the IGA would have a direct affect on the project since transportation and drainage issues impact how to develop an area and at what density.

Mr. John Turner, area property owner stated that issues between the Town and landowners are not being resolved and that currently, the Town can not account for the $350,000 advanced to the Town by property owners to have the studies done. Mr. Turner noted that the Town currently lacks significant and consistent income and is ill prepared to move forward without dollars.

Mr. Rodney Nelson requested the Board table any decision regarding the IGA to allow additional time to resolve issues. Mr. Nelson also pointed out that landowners started this process with three options for development review, the Town of Windsor, the Town of Timnath or via Larimer County. Now however, Mr. Nelson continued, landowners are down to the option of the Town of Timnath and there is no room for discussion.

Mr. Craig Harrison stated that an IGA is needed but the proposed IGA is pre-mature. Mr. Harrison further noted that the IGA has turned into a leveraging tool instead of a "regional planning" tool.

Mr. Jerry McMorris stated that he agrees with previous statements and that visions have been lost, communication has ceased and property rights have been excluded. Mr. McMorris further noted that he also has requested financials from the Town and still nothing has been provided by the Town or their CPA located in Littleton, CO.

Ms. Kathy Haddock rebutted noting that the Town financials are currently with auditors and that the audit is not complete at this time. Ms. Haddock also addressed "flag pole" annexations and that most of the proposed GMA is available for annexation and that the Town is just not sure of what order the applications would be submitted. Ms. Haddock noted that it is not pre-mature to act on the IGA and that if everything were delayed nothing would get done. The $350,000 was spent on development of Town documents that have been completed, however there was also a problem with the consultant that was hired to produce the studies.

Commissioner Rennels asked about the drainage and transportation studies. Mr. Joe Racine, Town Administrator stated that the original consulting package included the production of drainage and transportation studies, however much of the dollars were paid out with little performance so the consultant was fired. Much discussion ensued regarding how dollars were made available to the Town and how additional money could be raised for the development of the studies.

Mr. Racine noted the steps the Town has taken to address funding, future budgeting and the ability to review land use applications. Mr. Racine further noted that the Town recently purchased accounting software and is in the process of a convertion, but is willing to provide what is available to citizens.

Mr. Martell provided suggestions which would make the IGA more acceptable to landowners and Commissioner Rennels asked how the Town felt about the suggestions. Ms. Haddock commented that the suggestion to allow development consistent with the Town's Comprehensive Plan if a property were not annexed, negates the purpose of the IGA since the County is not in the business of urban development.

At this time the hearing was closed to the public and Commissioner Rennels stated that the Board does not belong in the center of the apparent feud between the Town and landowners. Commissioner Rennels noted that the changes proposed by Mr. Martell are a starting point for additional discussions between the Town and landowners and proposed that the IGA be tabled. Commissioner Gibson agreed and suggested further facilitation regarding the points made by Mr. Martell. Chair Bender stated that the County can not micro-manage a municipality and that he does not agree with suggestions by Mr. Martell.

MOTION

Commissioner Rennels moved that the Board of County Commissioners table the Intergovernmental Agreement with the Town of Timnath to August 4, 2003 at 6:30 p.m.

Motion carried 3 - 0.

There being no further business, the hearing adjourned at 8:45 p.m.

TUESDAY, MAY 6, 2003

ADMINISTRATIVE MATTERS

(#161)

The Board of County Commissioner met with Frank Lancaster, County Manager; Chair Bender presided and Commissioners Gibson and Rennels were present. Also present were Gary Buffington, Director of Parks; Rusty McDaniel and Mark Lyons, Engineering; Al Kadera, Planning Department; Jeannine Haag and Dave Ayraud, County Attorney's Office; Donna Hart and Deni La Rue, Commissioner's Office; and Jean O'Connor, Clerk to the Board.

  1. PUBLIC COMMENT: None

2. APPROVAL OF THE MINUTES FOR THE WEEK OF APRIL 28, 2003:

MOTION

Commissioner Rennels moved that the Board of County Commissioners approve the minutes for the week of April 28, 2003 as presented.

Motion carried 3 - 0.

3. REVIEW OF THE SCHEDULE FOR THE WEEK OF MAY 12, 2003: Ms. Hart reviewed the schedule with the Board.

4. CONSENT AGENDA:

MOTION

Commissioner Gibson moved that the following items be approved as presented on the consent agenda:

PETITIONS FOR ABATEMENT: As recommended by the County Assessor, the following petitions for abatement are approved Stegner, Harras Custom Products, Inc., Pruess, and Sprague.

05062003A001 CONTRACT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE DEPARTMENT OF HEALTH CARE POLICY AND FINANCING FOR HIPAA BUSINESS ASSOCIATE ADDENDUM FOR LONG TERM CARE OPTIONS

05062003A002 AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND CHARCO BROILER AS A CORPORATE SPONSOR FOR THE FAIRGROUNDS AND EVENTS COMPLEX AS REPRESENTED BY GLOBAL SPECTRUM

05062003A003 AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND OVATIONS FOOD SERVICES, L.P. FOR CONCESSIONS AT THE FAIRGROUNDS AND EVENTS COMPLEX AS REPRESENTED BY GLOBAL SPECTRUM

05062003A004 AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND RON WEINMEISTER (SUPER VACUUM MANUFACTURE, CO) FOR SUITE HOLDER LICENSE AT THE FAIRGROUNDS AND EVENTS COMPLEX AS REPRESENTED BY GLOBAL SPECTRUM

05062003A005 AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND MCWHINNEY ENTERPRISES AND EXECUTIVE HOMES, INC FOR SUITE HOLDER LICENSE AT THE FAIRGROUNDS AND EVENTS COMPLEX AS REPRESENTED BY GLOBAL SPECTRUM

05062003A006 AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND TST, INC CONSULTING ENGINEERS FOR SUITE HOLDER LICENSE AT THE FAIRGROUNDS AND EVENTS COMPLEX AS REPRESENTED BY GLOBAL SPECTRUM

05062003A007 AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND FACTUAL DATA CORP FOR SUITE HOLDER LICENSE AT THE FAIRGROUNDS AND EVENTS COMPLEX AS REPRESENTED BY GLOBAL SPECTRUM

05062003A008 AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND ADVANCED ENERGY INDUSTRIES, INC FOR SUITE HOLDER LICENSE AT THE BUDWEISER EVENTS CENTER AS REPRESENTED BY GLOBAL SPECTRUM

05062003A009 AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE LOVELAND SURGERY CENTER FOR SUITE HOLDER LICENSE AT THE BUDWEISER EVENTS CENTER AS REPRESENTED BY GLOBAL SPECTRUM

05062003A010 AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND DELTA CONSTRUCTION OF NORTHERN COLORADO, INC

05062003A011 DEVELOPMENT AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND SHAWN E. JOHNSON, SONIA L. LOCKE, AND SHAWN E. JOHNSON AND SONIA L. LOCKE AS THE REPRESENTATIVES OF THE DULY INCORPORATED HOMEOWNER'S ASSOCIATION FOR THE VANDER MOLEN CONSERVATION DEVELOPMENT

05062003R001 RESOLUTION FOR STATUTORY VESTED RIGHTS FOR THE VANDER MOLEN CONSERVATION DEVELOPMENT

05062003R002 RESOLUTION REGARDING EXTENSION OF APPROVAL FOR BALLARD PLACE BLOCK 5, LOTS 3 & 4, BLOCK 4, LOTS 5 & 6 AMENDED PLAT

MISCELLANEOUS: Vander Molen Conservation Development Final Plat

Motion carried 3 - 0.

5. PARKS AND OPEN LANDS REGULATIONS FOR 2003: Mr. Buffington presented the Board with the regulations for 2003 and noted the proposed changes include the laws pertaining to concealed weapons. Commissioner Gibson stated that he disagrees with allowing concealed weapons only and noted that the regulation should allow for public display of weapons outside hunting seasons. Mr. Lancaster stated that the proposed verbiage is exactly that proposed by the Board three weeks ago. Much discussion ensued. Commissioner Rennels stated that the Board can restrict weapons on County owned land and that hunting is not the issue, recreational use is.

MOTION

Commissioner Rennels moved that the Board of County Commissioners table the Parks and Open Land Regulations for 2003 to allow staff to re-write some sections for clarity.

Motion carried 3 - 0.

6. PROPOSED POLICY ON SOLICITATION AND SALES IN COUNTY FACILITIES: Mr. Lancaster noted that the proposed policy was available for comment throughout the County and was discussed with the Senior Management Team and the Chief Deputies Group. In summary, Mr. Lancaster continued, Department heads will regulate venders within their areas, Facilities will regulate venders in the common areas, and that all venders are to receive permission in writing

MOTION

Commissioner Gibson moved that the Board of County Commissioners approve the Larimer County Administrative Policy and Procedure 310.7A Solicitation and Sales in County Facilities as presented.

Motion carried 3 - 0.

7. WORK SESSION: Mr. McDaniel provided the Board with the revised section of the US 34 Access Control Plan as previously discussed with the Colorado Department of Transportation and requested approval.

MOTION

Commissioner Rennels moved that the Board of County Commissioners approve the change presented for the US Highway 34 Access Plan, which the Board approved March 10, 2003 at a public hearing.

Motion carried 3 - 0.

8. COMMISSIONER REPORTS: The Board noted their attendance at events the previous week.

9. LEGAL MATTERS: Mr. Kadera stated that representatives of the Sterling & Reid Brother's Circus contacted him a few months ago about having a circus; of which a portion of the proceeds to benefit charity, on a vacant lot off Highway 287 just south of 57th Street in Loveland. The State patrol, Mr. Kadera noted, has denied them an access permit off Highway 287 and County staff is not in favor of accessing the site off Ranch Acres Drive. Mr. Kadera noted that there are safety issues at the site and there is insufficient parking to accommodate attendees. Ms. Haag stated that a temporary restraining order is the only way to prevent the event from occuring

MOTION

Commissioner Gibson moved that the Board of County Commissioners direct staff to proceed with a temporary restraining order based on a lack of parking and no access off Highway 287.

Motion carried 3 - 0.

There being no further business, the meeting adjourned at 11:00 a.m.

THURSDAY, MAY 8, 2003

SPECIAL MEETING

Of the

BOARD OF COUNTY COMMISSIONERS

The Board of County Commissioners convened at 12:15 p.m.; Chair Bender presided and Commissioners Gibson and Rennels were present.

MOTION

Commissioner Gibson moved that the Board of County Commissioners authorize Dave Spencer to sign closing documents for property located at 502 West Laurel Street, Fort Collins, CO 80521.

Motion carried 3 - 0.

There being no additional business, the meeting adjourned at 12:20 p.m.

_________________________________

THOMAS G. BENDER, CHAIR

BOARD OF COMMISSIONERS

SCOTT DOYLE

CLERK AND RECORDER

(S E A L)

A T T E S T

__________________________________

Jean M. O'Connor, Clerk to the Board