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MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

Monday, July 14, 2003

LAND USE HEARING

No Audio Available

The Board of County Commissioners met with Rob Helmick, Senior Planner; Chair Bender presided and Commissioner Rennels was present. Also present were Sarah Flick, Geniphyr Ponce-Pore, and David Karan, Planning Department; George Hass, County Attorney; Doug Ryan, Health Department; Roxann Hayes, Engineering Department; 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 OF LOTS 95, 96, & 97, MEADOWDALE HILLS 2ND FILING: NE 1/4 OF 34-5-72, ALONG HIGHWAY 36, APPROXIMATELY 2 MILES EAST OF ESTES PARK

This is a request to reconfigure three lots to create a better building sites. Staff recommendation is approval with the following condition and authorize the Chair to sign the plat when presented for signature 1. All conditions shall be met and the Final Plat recorded by January 14, 2004 or this approval shall be null and void.

2. AMENDED PLAT AND EASEMENT AND RIGHTS-OF-WAY VACATION FOR POPLAR LAND FIRST SUBDIVISION, LOTS 2 THROUGH 12 AND A PORTION OF LOT 13: SW 1/4 OF SECTION 22, TOWNSHIP 8 NORTH, RANGE 69 WEST, ADJACENT AND EAST OF NORTH TAFT HILL ROAD, APPROXIMATELY 1.25 MILES NORTH OF THE INTERSECTION

This is a request to amend the plat of Poplar Land First Subdivision, Lots 2 through 12 and a portion of Lot 13, in order to vacate a utility and access easements, and to reconfigure the platted lots and a portion of one metes and bounds parcel to more closely conform to current Code standards. Staff recommendation is approval with the following conditions and authorization for the Chair to sign the plat when presented for signature 1. The Final Plat shall be recorded by January 14, 2004 or this approval shall be null and void; 2. Prior to recordation, the Applicant and the County shall finalize, sign, and execute a Development Agreement , Disclosure Notice, Covenants, and meet all other Post-approval Requirements as stated in Section 12.6 of the Larimer County Land Use Code; 3. Prior to recordation of the plat, all corrections requested by Mr. Dale Greer shall be made; 4. The plat and deeds for the Weitzel Boundary Line Adjustment (File # 02-S2058) shall be recorded with this amended plat; 5. The Utility and Construction Plans shall be approved by Larimer County Engineering.

3. GENERAL DEVELOPMENT PLAN (GDP) FOR CHAPMAN FARMS / OLANDER FARMS CONSERVATION DEVELOPMENTS (CDS): 32-05-68; ON THE NORTH SIDE OF STATE HIGHWAY 60, APPROXIMATELY 1 MILE EAST OF COUNTY ROAD #11 AND 2 MILES WEST OF I-25

This is a request to coordinate development of two adjacent parcels for 22 single-family residential lots and 7 Residual Lots on approximately 75 acres through the General Development Plan process. Staff recommendation is approval with the following conditions 1. Interim arrangements for interim and final emergency access will be specified in the Development Agreement. A letter from the Loveland Fire District will be submitted with the Final Plat for each phase stating that items 1-8 discussed in the fire district's 9/17/02 letter have been addressed to the District's satisfaction. Approved interim emergency access will be built before any footing and foundation permits are issued; 2. All lots must be 100 foot from edge of wetland. A final delineation of wetlands including any significant trees in the riparian corridor adjacent to the reservoir must be submitted with the next application to verify that no lots intrude into that buffer area. The County Land Use Code defines "significant trees" as deciduous trees with a caliper greater than 4 inches and coniferous trees 15 feet or greater in height". If the final delineation indicates otherwise the Plan will be corrected, residual land percentage recalculated and any resulting adjustments made to the Plan. If revisions are then required to meet the requirement for designation of 50% of the developable land in each CD as residual land, sufficient changes will be made to the plats even if proposed building lots will be eliminated; 3. In the Final Plat submittal, the applicants will specify whether or not Phase 1, Residual Lot C and Phase 2, Residual Lot D will be connected by a foot trail. If so, the plans for the trail must be approved by County Planning. They will also indicate whether or not residents will have access to any of the residual lots that will be developed during the other phase; 4. The Development Agreements will need to specify what activity, if any, will be allowed in the wetland buffer. Also specify allowed uses in the other residual lots; 5. Disclosure of potential conflicts with wildlife, hunting, rural practices, high groundwater and agricultural uses will be included in the Development Agreements, Disclosure Statements and any Covenants for each phase; 6. Conservation Easements, Development Agreements, or other instruments will: a) state that no further development of any residual land lots will be allowed, b) specify uses allowed on each residual lot, c) specify how residual land will be managed including, but not limited to, groundcover, irrigation (if needed), and division of responsibilities for each residual lot between the Homeowners Association, each lot owner, and developer. This condition will be fully satisfied before the Final Plat proceeds to the County Commissioners for approval.

4. CHAPMAN FARMS CONSERVATION DEVELOPMENT PRELIMINARY PLAT: 32-05-68; ON THE NORTH SIDE OF STATE HIGHWAY 60, APPROXIMATELY 1 MILE EAST OF COUNTY ROAD #11 AND 2 MILES WEST OF I-25

This is a request for a Preliminary Plat to divide vacant lot into 7 single-family residential lots and 3 Residual Lots. Approximately 37 acres are involved. Staff recommendation is approval with the following conditions 1. Approved interim emergency access will be built before any footing and foundation permits are issued. Arrangements for interim and final emergency access will be specified in the Development Agreement. Items 1-8 of the Loveland Fire District 9/17/02 letter will be implemented to the District's satisfaction; 2. The applicant will show the minimum opening elevations of each lot and the actual emergency spillway elevation in the Final Drainage Plan (per Engineering memorandum, 1/22/03); 3. All provisions of the ditch easement agreement (see Agreement signed 2/18/03) will be included in the Development Agreement and Disclosure Statement. The impermeable ditch liner will meet all County standards; 4. All lots must be 100 foot from edge of the wetland. A final delineation of wetlands including any significant trees in the riparian corridor adjacent to the reservoir must be submitted with the Final Plat application to verify that no lots intrude into that buffer area. The County Land Use Code defines "significant trees" as deciduous trees with a caliper greater than 4 inches and coniferous trees 15 feet or greater in height". If the final delineation indicates otherwise the final plat will be corrected, residual land percentage recalculated and any resulting adjustments made to the plat. If additional revisions are then required to meet the 50% residual land requirement, sufficient changes will be made even if one proposed building lot(s) will be eliminated; 5. In the Final Plat submittal, the applicants will specify whether or not Phase 1, Residual Lot C and Phase 2, Residual Lot D will be connected by a foot trail. If so, the plans for the trail must be approved by County Planning. They will also indicate whether or not residents will have access to any of the residual lots that will be developed during the other phase; 6. Disclosure of potential conflicts with wildlife, hunting, rural practices, high groundwater and agricultural uses will be included in the Development Agreement, Disclosure Statement and any Covenants; 7. A Conservation Easement, Development Agreement, or other instrument will: a) state that no further development of any residual land lots will be allowed, b) specify uses allowed on each residual lot, c) specify how residual land will be managed including, but not limited to, groundcover, irrigation (if needed), and division of responsibilities for each residual lot between the Homeowners Association, each lot owner, and developer. All other Management & Ownership comments above, will be satisfied including but not limited to revising the submitted Homeowners Agreement. This condition will be fully satisfied before the Final Plat proceeds to the County Commissioners for approval; 8. Passive radon mitigation measures shall be included in construction of residential structures on these lots. The results of a radon detection test conducted in new dwellings once the structure is enclosed but prior to issuance of a certificate of occupancy shall be submitted to the Building Department. As an alternative, a builder may present a prepaid receipt from a radon tester, which specifies that a test will be done within 30 days. A permanent certificate of occupancy can be issued when the prepaid receipt is submitted; 9. Engineered footings and foundations are required for new residential construction; 10. The following fees shall be collected at building permit issuance for new single family dwellings: Thompson R2-J School fees, Larimer County fees for County and Regional Transportation Capital Expansion, and Larimer County Park Fee (in Lieu of Land Dedication). The fee amount that is current at the time of building permit shall apply. Drainage Fees in effect at the time of building permit will be collected at the time of building permit for new residential structures.

MOTION

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

Motion carried 2 - 0.

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

TUESDAY, JULY 15, 2003

ADMINISTRATIVE MATTERS

No Audio Available

The Board of County Commissioners met with Frank Lancaster, County Manager; Chair Bender presided and Commissioner Rennels was present. Also present were Marc Engemoen, Engineering Department; Jay Hardy and Ann Larson, Fairgrounds and Events Complex; Stephen Gillette, Natural Resources; Al Kadera and Larry Timm, Planning Department; Carol Block, Finance Department; Neil Gluckman, Donna Hart and Deni La Rue, Commissioner's Office; Victor Johnson and Nancy Griffith-Conklin, Community Corrections; George Hass, County Attorney; Tom Garton, Building Department; and Jean M. O'Connor, Clerk to the Board.

  1. PUBLIC COMMENT: Mr. Roger Seat addressed the Board with a concern regarding the fact that the Land Use Code does not authorize the Board to grant variances or appeals and suggested the issue be addressed. Mr. Kadera noted that staff is addressing that issue and will be bringing it before the Board for action within six-months.

2. APPROVAL OF THE MINUTES FOR THE WEEK OF JULY 7, 2003:

MOTION

Commissioner Rennels moved that the Board of County Commissioners approve the minutes for the week of July 7, 2003 as presented.

Motion carried 2 - 0.

3. REVIEW OF THE SCHEDULE FOR THE WEEK OF JULY 21, 2003: Ms. Hart reviewed the schedule with the Board.

  1. CONSENT AGENDA:

MOTION

Commissioner Rennels moved that the Board of County Commissioners approve the following items as presented on the consent agenda:

07152003A001 AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND BLUE MOUNTAIN HOLDINGS FOR MAINTENANCE OF PUBLIC TRAIL EASEMENT

07152003A002 DEVELOPMENT AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND CENTENNIAL BANK OF THE WEST AND BLUE MOUNTAIN HOLDINGS, LLC FOR THE FARM AT BLUE MOUNTAIN MEADOWS

07152003A003 AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND DON KEHN CONSTRUCTION (LID 2002-1 PN #8495)

07152003A004 AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND MOUNTAIN CONSTRUCTORS, INC (CR 27 & 44H PN #256)

07152003A005 AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND STATE OF COLORADO THROUGH THE DEPARTMENT OF HEALTH CARE POLICY AND FINANCING FOR THE USE AND BENEFIT OF THE LARIMER COUNTY DEPARTMENT OF HUMAN SERVICES

07152003A006 AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND COULSON EXCAVATING COMPANY, INC (CR 27 & 52E PN #9038)

07152003A007 AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND RANCH-WAY FEEDS, INC FOR FAIRGROUNDS & EVENTS COMPLEX CORPORATE SPONSOR

07152003A008 AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND BUSCH MEDIA GROUP, INC FOR ADVERTISING SIGN AND NAMING RIGHTS

07152003A009 DESIGN/BUILDER AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND DELTA CONSTRUCTION OF NORTHERN COLORADO, INC. FOR USE AND BENEFIT OF LARIMER COUNTY FACILITIES DEPARTMENT

07152003R001 FINDINGS AND RESOLUTION APPROVING AN AMENDED PLAT AND PARTIAL VACATION OF UTILITY EASEMENT IN CARRIAGE HILLS 4TH FILING

07152003R002 FINDINGS AND RESOLUTION APPROVING AN AMENDED PLAT AND VACATION OF UTILITY EASEMENT IN CRYSTAL LAKES 3RD FILING

07152003R003 FINDINGS AND RESOLUTION APPROVING AN AMENDED PLAT AND VACATION OF UTILITY EASEMENT IN PINEWOOD SPRINGS 7TH FILING, LOTS 184 & 177(B)

07152003R004 FINDINGS AND RESOLUTION APPROVING AN AMENDED PLAT IN LARIMER TERMINALS SUBDIVISION BLOCK 3 LOTS 1 & 10

07152003R005 FINDINGS AND RESOLUTION APPROVING THE VACATION OF UTILITY EASEMENT IN RESTU SUBDIVISION

07152003R006 FINDINGS AND RESOLUTION APPROVING STREET NAMING IN MEADOWBROOK RANCH

07152003R007 FINDINGS AND RESOLUTION APPROVING MODIFICATIONS TO THE PRELIMINARY PLAT OF GLENN RIDGE ESTATES SUBDIVISION

07152003R008 FINDINGS AND RESOLUTION APPROVING THE RIPSAM FARMS CONSERVATION DEVELOPMENT

07152003R009 RESOLUTION PROVIDING FOR THE APPOINTMENT OF INDEPENDENT REFEREES TO CONDUCT HEARINGS ON BEHALF OF THE LARIMER COUNTY BOARD OF EQUALIZATION

MISCELLANEOUS: The Farm at Blue Mountain Meadows Final Plat; Information Return for Tax-Exempt Governmental Obligations for Fort Collins Industrial Park Special Assessment Bonds; Federal Tax Exempt Certificate for Fort Collins Industrial Park Special Assessment Bonds; and Approve Addendum to the Larimer County Works County Diversion Policy to allow the use of TANF funds to pay Transitional Employees.

LIQUOR LICENSES: The following licenses were both approved and issued Zippy's Liquor- Retail- Fort Collins, CO; Villa Tatra- Tavern- Lyons, CO; Firstcall Servicenet of Larimer County- Special Events 6%- Fort Collins, CO; Coach House Bar and Grill- Tavern- Loveland, CO; and Sol's Long Branch Saloon- Tavern- LaPorte, CO.

The following licenses were approved Big Thompson Canyon Volunteer Fire Department- Special Events 6%- Drake, CO; and State Board of Agriculture for CSU- Special Events 3.2%- Fort Collins, CO.

Motion carried 2 - 0.

5. FAIRGROUNDS UPDATE: Mr. Hardy and Ms. Larson provided the Board with an update for the Fairgrounds and noted that press conferences would be held later this month to announce upcoming and very exciting events.

6. CONSTRUCTION TRASH REMOVAL AT 2905 BIG THOMPSON CANYON: Mr. Engemoen stated that citizens from the Estes Park area have gotten together to assist Mr. Richardson with cleaning up his property since his home collapsed. Mr. Engemoen stated that the group has requested the Board waive the landfill tipping fees. Mr. Engemoen further noted that the group already has receipts totaling $260 from trips to the landfill.

Chair Bender stated that he is not in favor of waiving the tipping fees and Commissioner Rennels concurred. However, Commissioner Rennels suggested taking $150 from the Commissioner's Special Projects Fund and forming a partnership with the organization/volunteer efforts by reimbursing a portion of the tipping fees since the clean-up efforts are a benefit to the community. Commissioner Rennels stated that waiving the tipping fees is not a good precedent but a partnership, when there is a benefit to the community, is reasonable request.

MOTION

Commissioner Rennels moved that the Board of County Commissioners, in partnership with the volunteers cleaning up the Richardson property, authorize an allocation of up to $150 from the Special Projects Fund, for reimbursement of expenses upon submittal of receipts.

Motion carried 2 - 0.

7. APPLICATION FEE FOR A NEW LAND USE PROCESS: Mr. Kadera stated that in accordance with State Statute, the Planning Department is authorized to re-claim 50% of processing fees and requested the Board approve a $600 fee for the new Minor Special Review process.

MOTION

Commissioner Rennels moved that the Board of County Commissioners approve an application fee of $600 for the Minor Special Review process.

Motion carried 2 - 0.

8. WAIVER TO FINANCIAL POLICY AND PROCEDURE FOR USE OF COUNTY CREDIT CARDS: Ms. Block stated the current County policy for credit cards allows use by elected officials, department heads, and chief deputies. The Sheriff's Department is requested that three cards be issued to emergency service fire personnel, since they often travel out of the area when assisting other jurisdictions.

MOTION

Commissioner Rennels moved that the Board of County Commissioners approve a waiver to Financial Policy and Procedure 320.13D and allow the issuance of three County credit cards to Emergency Services personnel.

Motion carried 2 - 0.

9. UPDATE ON THE FUNDING SOURCES FOR THE COMMUNITY CORRECTIONS PROJECT: Ms. Griffith-Conklin stated that when the project was originally discussed with the Board, there were four potential funding sources; one of which was a Federal grant totaling $350,000. When staff applied for the grant, Mr. Johnson stated, a categorical exclusion for the environmental assessment was requested since the facility would be part of the larger County Correctional Campus. The request was denied based on the fact the facility is larger than 50-beds. Mr. Johnson stated that staff is appealing the decision, but if denied, the assessment would take months to execute at an approximate cost of $28,000/month. Staff is requesting, if the appeal is denied, that the Board authorize the issuance of additional Certificates of Participation in the amount of $350,000. The Board concurred.

10. WORK SESSION: Mr. Gluckman distributed four items, submitted by staff, as potential 2004 legislative issues to be considered by CCI. The issues submitted are Food Establishment License Fees; Contractor Licensing; Location and Extent Review; and Credit Card acceptance and convenience fees.

Mr. Lancaster provided the Board with a quarterly Internal Monitoring Report as required in Policy 3.3, noting virtual compliance. Mr. Lancaster stated two exceptions, four improvement districts and the self-insured unemployment fund. The improvement districts have no financial impact to the County since revenue is approved by the voters in each district. The unemployment fund, Mr. Lancaster continued, exceeded budget by $8,300 due to past year claims paid out this year, and that the budget would be revised accordingly.

Mr. Lancaster stated that Major Nelson had contacted him regarding the very high fire danger in Larimer County. Major Nelson relayed that the Sheriff is considering a fire ban in the near future. Mr. Lancaster suggested the Board authorize the Chair to sign a resolution declaring a fire ban if the Sheriff submits such prior to next Tuesday.

MOTION

Commissioner Rennels moved that the Board of County Commissioners authorize the Chair to sign a resolution declaring a fire ban, upon submittal.

Motion carried 2 - 0.

Mr. Lancaster briefed the Board on the Senior Management Team's visit to Mesa County.

  1. COMMISSIONER REPORTS: The Board noted their attendance at events last week.

12. LEGAL MATTERS: Changes to Master Lease and Indenture Regarding Certificates of Participation for Community Corrections Building. Mr. Hass requested the Board convene as both the Board of County Commissioners and the Larimer County Building Authority.

MOTION

Commissioner Rennels moved that the Board of County Commissioners also convene as the Larimer County Building Authority.

Motion carried 2 - 0.

Mr. Hass presented the Board with the following documents related to the Community Corrections Building and requested approval: Minutes of Action of the Directors of the Larimer County Building Authority; Certified Record of Proceedings of the Board of County Commissioners Relating to a Resolution authorizing an Amendment to the Master Lease Purchase Agreement Between the Board of County Commissioners and the Larimer County Building Authority; Special Warranty Deed (2); Fourth Amendment to Master Lease Purchase Agreement; Fourth Supplemental Mortgage and Indenture of Trust; Fifth Amendment to Master Lease Purchase Agreement; and Fifth Supplemental Mortgage and Indenture of Trust.

MOTION

Commissioner Rennels moved that the Board of County Commissioners and the Larimer County Building Authority approve the above mentioned documents and authorize the Chair to sign.

Motion carried 2 - 0.

07152003R010 CERTIFIED RECORD OF PROCEEDINGS OF THE BOARD OF COUNTY COMMISSIONERS RELATING TO A RESOLUTION AUTHORIZING AN AMENDMENT TO THE MASTER LEASE PURCHASE AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE LARIMER COUNTY BUILDING AUTHORITY

07152003D001 SPECIAL WARRANTY DEED BY THE LARIMER COUNTY BUILDING AUTHORITY TO LARIMER COUNTY, COLORADO

07152003D002 SPECIAL WARRANTY DEED BY LARIMER COUNTY, COLORADO TO THE LARIMER COUNTY BUILDING AUTHORITY

07152003A010 FOURTH AMENDMENT TO MASTER LEASE PURCHASE AGREEMENT BETWEEN THE LARIMER COUNTY BUILDING AUTHORITY AND LARIMER COUNTY, COLORADO

07152003A011 FOURTH SUPPLEMENTAL MORTGAGE AND INDENTURE OF TRUST BETWEEN THE LARIMER COUNTY BUILDING AUTHORITY AND U.S. BANK NATIONAL ASSOCIATION

07152003A012 FIFTH AMENDMENT TO MASTER LEASE PURCHASE AGREEMENT BETWEEN THE LARIMER COUNTY BUILDING AUTHORITY AND LARIMER COUNTY, COLORADO

07152003A013 FIFTH SUPPLEMENTAL MORTGAGE AND INDENTURE OF TRUST BETWEEN THE LARIMER COUNTY BUILDING AUTHORITY AND U.S. BANK NATIONAL ASSOCIATION

13. EXECUTIVE SESSION (No Affidavit Provided)

MOTION

Commissioner Rennels moved that the Board of County Commissioners go into executive session at 11:20 a.m. and cited 24-6-402 (4)(b) C.R.S.

Motion carried 2 - 0.

Executive session ended at 11:40 a.m.; no action was taken.

There being no further business, the meeting adjourned at 11:40 a.m.

THURSDAY, JULY 17, 2003

PETITION FOR ABATEMENT HEARING

Pine Cone-IRET, Inc.

(No Audio Available)

The Board of County Commissioners met with Chris Murray, Assessor's Office; Chair Bender presided and Commissioners Gibson and Rennels were present. Also present were Paula Belew and Brooke Walser, Assessor's Office and Jean O'Connor, Recording Clerk.

Ms. Murray stated that Licht & Co, the agent for Pine Cone-IRET, Inc. has filed a petition for abatement, or refund of taxes for parcel #87293-12-001 and noted that staff is recommending denial. Chair Bender noted that there is no public present nor is the petitioner.

MOTION

Commissioner Rennels moved that the Board of County Commissioners deny the petition for abatement for parcel #87293-12-001 for Pine Cone-IRET, Inc.

Motion carried 3 - 0.

There being no further business, the hearing recessed at 2:10 p.m.

PETITION FOR ABATEMENT HEARING

The Goodyear Company

(No Audio Available)

The Board of County Commissioners met with Chris Murray, Assessor's Office; Chair Bender presided and Commissioners Gibson and Rennels were present. Also present were Paula Belew and Brooke Walser, Assessor's Office and Jean O'Connor, Recording Clerk.

Ms. Murray stated that Consultus, the agent for The Goodyear Company has filed a petition for abatement, or refund of taxes for parcel #97123-17-001 and noted that staff is recommending denial. Chair Bender noted that there is no public present nor is the petitioner.

MOTION

Commissioner Gibson moved that the Board of County Commissioners deny the petition for abatement for parcel #97123-17-001 for The Goodyear Company.

Motion carried 3 - 0.

There being no further business, the hearing adjourned at 2:40 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

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