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MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

Monday, January 19, 2004

Larimer County Offices were closed this date in honor of Martin Luther King Jr. Day.

TUESDAY, JANUARY 20, 2004

ADMINISTRATIVE MATTERS

(#4 & 5)

The Board of County Commissioners met with Frank Lancaster, County Manager; Chair Rennels presided and Commissioner Bender was present. Also present were Donna Hart and Deni La Rue, Commissioners' Office; Dawn Stroh, Clerks' Office; Tony Simons, Wildfire Safety Specialist; Dave Farmer, Colorado State Forest Service; Dick Edward, United State Forest Service; Lt. Deb Russell, Dana Hersch, and Sheila Davidson, Sheriff's Department; Dave Spencer, Facilities Director; Larry Johnson, County Assessor; Bob Holt, Fair Manager; Claudia DeLude, Planning Department; George Hass, County Attorney; and Jean M. O'Connor, Clerk to the Board.

  1. PUBLIC COMMENT: None

2. APPROVAL OF THE MINUTES FOR THE WEEK OF JANUARY 12, 2004:

MOTION

Commissioner Bender moved that the Board of County Commissioners approve the minutes for the week of January 12, 2004 as presented.

Motion carried 2 - 0.

3. REVIEW OF THE SCHEDULE FOR THE WEEK OF JANUARY 26, 2004: Ms. Hart reviewed the schedule for the week of January 26, 2004.

4. CONSENT AGENDA:

MOTION

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

01202004A001 AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND DELORES J. BARGER FOR USE AND BENEFIT OF THE SHERIFFS' DEPARTMENT FOR ARMS TRAINING

01202004A002 2003 INTERGOVERNMENTAL AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND CITY OF LOVELAND, CITY OF FORT COLLINS, TOWN OF BERTHOUD, TOWN OF ESTES PARK, COLORADO STATE UNIVERSITY, AND LARIMER COUNTY SHERIFFS' DEPARTMENT FOR JUVENILE ASSESSMENT CENTER AND JUVENILE TRANSPORT SERVICES

01202004A003 AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND CORRECTIONAL HEALTHCARE MANAGEMENT FOR MEDICAL SERVICES TO INMATES AT THE DETENTION CENTER

01202004R001 RESOLUTION AMENDING THE 1997 UNIFORM BUILDING CODE

MISCELLANEOUS: Approve the adoption of the Larimer County Works Policy as part of the required State Plan; Approve personnel authorization request for Facilities; Statement and release between the Board of County Commissioners and an employee.

LIQUOR LICENSES: The following licenses were issued L & M Imports & Garden Center- Special Event 6%- Berthoud, CO; South Bay Shore LLC- 3.2%- Fort Collins, CO; and Cottonwood Hollow Enterprises, Inc- Hotel & Restaurant- Livermore, CO.

Motion carried 2 - 0.

5. FRONT RANGE FUEL TREATMENT PARTNERSHIP: Mr. Simons and Mr. Farmer briefed the Board regarding the Front Range Fuels Treatment Partnership noting that the County, State Forest Service and Federal Forest Service have formed this partnership to reduce wildfire hazards through fuel reduction. Mr. Simons stated that the reduction projects cross ownership boundaries between these entities and private property. The key to the success of the project is to include private landowners in the partnership. Mr. Farmer noted that the biggest challenges at this time are funding, available markets, and private ownership. The Board noted that if they could assist by distributing information at their citizen meetings, to let them know. The Board requested quarterly updates.

6. RECOGNITION OF LARIMER COUNTY FAIR MANAGER BOB HOLT: Mr. Lancaster stated that Mr. Holt has been named 2003 Fair Person of the Year and the Board thanked him for all his time and efforts over the years with the Larimer County Fair.

7. FEE RESOLUTION FOR THE COMBINATION PROGRAM: Lt. Russell briefed the Board regarding a new program to charge inmates a fee for Alternative Sentencing Unit's new Combination Program. The new program, Lt. Russell continued, combines 2-days work release and 1-day working on a work crew in the Workender Program. The new program was developed as a result of backlog in the Alternative Sentencing Unit. The Board applauded the Sheriffs' Office for creative thinking.

MOTION

Commissioner Bender moved that the Board of County Commissioners approve a resolution for the Combination (Combo) Program that will set a fee for those inmates that will be serving their sentence in the new Combination Program.

Motion carried 2 - 0. (This resolution was recinded on January 27, 2004 during Administrative Matters)

01202004R002 RESOLUTION ESTABLISHING A FEE FOR THE COMBINATION PROGRAM

8. RESOLUTION FOR ADDING A SLIDING SCALE FEE TO HOME DETENTION: Lt. Russell stated now that a fee has been established for the Combo Program, a sliding scale fee should be established for those inmates meeting the Federal guidelines for poverty. Lt. Russell requested the Board approve an amended resolution to establish the sliding scale fee for Home Detention.

MOTION

Commissioner Bender moved that the Board of County Commissioners approve an amended resolution for home detention establishing a sliding scale fee.

Motion carried 2 - 0. (This resolution was recinded on January 27, 2004 during Administrative Matters)

01202004R003 RESOLUTION ESTABLISHING A SLIDING SCALE FEE FOR HOME DETENTION

9. W.O.L.F. ANNUAL REPORT: Ms. DeLude noted that W.O.L.F. has been in compliance with the conditions of approval the past year, no complaints have been received, which will result in inspections occurring on an annual basis instead of quarterly.

10. DISCUSSION OF ALTERNATIVE FACILITY FOR EXPANSION OF ALTERNATIVE SENTENCING UNIT PROGRAM: Mr. Lancaster reminded the Board of a letter received from 7-Oaks Academy regarding the County taking over their lease since they felt they could not remain in their current location due to the new Alternative Sentencing building being built down the street. Mr. Lancaster requested Mr. Spencer brief the Board regarding the need and cost of the 7-Oaks location. Mr. Spencer stated the lease is $10,000/month and that there are seven-years left on a ten-year lease. Mr. Spencer further noted that it would be cost prohibitive to remodel and secure the 7-Oaks unit and that Facilities has no use for the unit. The Board directed staff to send a letter to 7-Oaks Academy explaining the issues with the unit and that the County is not interested in sub-leasing the unit, but would provide community corrections personnel to assist in their move.

11. DISCUSSION OF EARLY ACTION COMPACT FOR OZONE: Commissioner Bender stated that the Environmental Protection Agency (EPA) will make final decision in April regarding new boundaries of the non-attainment area for the 8-hour ozone nation ambient air quality standard, which will include Larimer County. As a result, Mr. Silverstein with the Colorado Air Pollution Division suggested Larimer County join the Compact and recommend boundaries within the County to the EPA for inclusion. Discussion ensued and boundaries were determined. The Board directed Mr. Lancaster draft a letter noting the boundaries and send it to the State.

MOTION

Commissioner Bender moved that the Board of County Commissioners become a participant of the Early Action Compact for Ozone and authorize the Chair to sign.

Motion carried 2 - 0.

MISCELLANEOUS: The Early Action Compact for Ozone, Front Range Metropolitan Area Amendment.

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

13. WORK SESSION: Mr. Lancaster stated that the Town of Berthoud is applying for a grant and has requested a letter of support; the Board concurred.

Mr. Lancaster stated that the YMCA of the Rockies has or will be filing application for tax-exempt status based on religion, which would have a major impact on Larimer County, Estes Park School District and the Town of Estes. Mr. Lancaster further noted that businesses in Estes are concerned if the tax-exempt status is granted, the YMCA would have an unfair advantage regarding overnight lodging, retreats, etc. Mr. Johnson explained the loss of tax revenue to the hospital, school, County, etc. The Board directed staff to research the process for gaining tax-exempt states and if there is a comment period.

Mr. Hass noted that previous discussions with the Board pertained to the possibility of charging an impact fee for use at the detention center. Mr. Hass stated that this is possible in that the nexus is growth, which impacts the detention center. Chair Rennels noted that additional information is necessary as well as input from the municipalities.

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

LAND USE HEARING

(#5)

The Board of County Commissioners met with Rob Helmick; Senior Planner; Chair Rennels presided and Commissioner Bender was present. Also present were Karin Knauf, Geniphyr Ponce-Pore and Matt Lafferty, Naomi O'Connor, Planning Department;

Tom Garton and Candace Phippen, Building Department; Ed Woodward, Rex Burns, Christie Coleman and Roxann Hayes, Engineering Department; Doug Ryan, Health Department; Jeannine Haag, Assistant County Attorney; Dawn Stroh, Clerks' Office; and Jean M. O'Connor, Clerk to the Board.

Chair Rennels noted the following items are consent and would not be discussed unless requested by the Board or members of the audience. Mr. Helmick stated the attorney for the applicant for item #3 has requested the proposal be withdrawn. The applicant for item #8 has requested it be removed, and the Road and Recreation Board from Crystal Lakes would like to discuss item #6.

1. CHARLES HEIGHTS AMENDED PLAT: THE SITE IS LOCATED AT 1160, 1170, AND 1180 MEADOW LANE, WITHIN UNINCORPORATED LARIMER COUNTY

This is a request to vacate a portion of the Meadow Lane right-of-way, dedicate an access easement in it's stead, combine two lots into one, and provide for minor interior lot line adjustments. Staff recommendation is approve with the following conditions 1. Pursuant to C.R.S.30-28-110, sub-section 4(a), "no plat for subdivided land shall be approved by the Board of County Commissioners unless at the time of the approval of platting the subdivider provides the certification of the county treasurer's office that all ad valorem taxes applicable to such subdivided land, for years prior to that year in which approval is granted, have been paid"; 2. Reformat plat for recording (remove improvements); 3. A 20-foot wide utility easement shall be dedicated from the proposed private access/public utility easement to the eastern property line of proposed Lot 8A; 4. The proposed ROW line shall be at least 10-feet from the existing sanitary sewer line; 5. The proposed private access easement shall be labeled to include who has a right to use it; 6. A joint driveway maintenance agreement shall be submitted for recording with the plat (shall include filing fee).

  1. SPANIER SUBDIVISION AMENDED PLAT: THE SITE IS LOCATED AT 1738 AND 1752 SPUR 66, WITHIN UNINCORPORATED LARIMER COUNTY

This is a request for a boundary line adjustment to combine four parcels into two parcels, and to adjust the intervening property line. Staff recommendation is approval with the following conditions 1. Pursuant to C.R.S.30-28-110, sub-section 4(a), "no plat for subdivided land shall be approved by the Board of County Commissioners unless at the time of the approval of platting the subdivider provides the certification of the county treasurer's office that all ad valorem taxes applicable to such subdivided land, for years prior to that year in which approval is granted, have been paid"; 2. Access easement to the burial plat shall be shown, including book and page number.

4. MUMMY MOUNTAIN PRELIMINARY AND FINAL CONDOMINIUM MAP: THE PARCEL IS LOCATED AT 1700 MARY'S LAKE ROAD WITHIN THE UNINCORPORATED LARIMER COUNTY

This is a request for preliminary and final condominium map application for Mummy Mountain Condominiums. This map condominiumizes two existing units in one duplex and reserves the right to develop two additional units in one duplex. Staff recommendation is approval with the following condition 1. Compliance with the memorandum from Greg Siever to Alison Chilcott dated November 26, 2003 in the official file in the Planning Department.

6. AMENDED PLAT FOR LOTS 177 AND 178, CRYSTAL LAKES 12TH FILING: SW 1/4 OF 10-10-74, MORE SPECIFICALLY IN THE CRYSTAL LAKES SUBDIVISION, 12TH FILING, APPROXIMATELY 700' NORTHEAST OF THE INTERSECTION OF CATAMOUNT WAY AND HATCHETUMI WAY

This is a request for to amend the plat of Lots 177 and 178, Crystal Lakes 12th Filing and vacate the 20' utility easement located on the common lot line between the subject lots in order to create one buildable residential lot. Staff recommendation is approval with the following conditions and authorize the Chair to sign the plat when presented for signature 1. The Final Plat shall be recorded by July 20, 2004, or this approval shall be null and void; 2. All corrections requested by Dale Greer of Larimer County Engineering shall be made prior to recordation of the plat.

MOTION

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

Motion carries 2 - 0.

5. RED FEATHER LAKES CMRS FACILITY SPECIAL REVIEW: NE 1/4 OF 01-10-74: LOCATED ON THE NORTH SIDE OF CHICKASAW COURT IN CRYSTAL LAKES 6TH FILING

This is a request for a special review of an existing 40' CMRS tower with three carriers. Staff recommendation is approval with the following conditions 1. The plans submitted by the applicant constitute a Site Specific Development Plan. Operation of the Red Feather CMRS Special Review shall be as specified in the representations of the applicant and consistent with the information contained in file #02-Z1457 unless modified by conditions of approval; 2. Within 90 days of this Special Review approval the applicant shall execute a Final Development Agreement for approval by the County to be recorded with the Findings and Resolution of the County Commissioners. The Development Agreement shall specify details of the project, including the requirement for long term maintenance of the access road; 3. The applicant shall provide, for recordation with the Development Agreement, a restrictive covenant that will run with the land, prohibiting residential development of the 2.05-acre site as long as CMRS facilities are operated on the site. A copy of this recorded covenant shall be provided to the Planning Department for review and approval within 60 days of this Special Review approval; 4. A parking space and place to turn around is required at the base of the tower. The access roadway to this site shall not adversely impact drainage systems and erosion. Therefore, the final construction plans and reports that will be reviewed and approved by the Engineering Department shall either confirm that this will not be an issue or include a design to minimize excessive drainage and erosion down stream and on adjacent properties. The plans shall include notes for erosion control measures during construction and notes for reseeding and establishing the disturbed areas. A general note shall be on the plans stating that all disturbed areas shall be repaired to a condition that is equal to or better than the existing condition. Construction plans for these improvements shall be submitted within 90 days of this Special Review approval for review and approval by the Engineering Department. A Development Construction Permit shall be obtained prior to construction of the hammerhead turn around or parking area and prior to any improvements to the access road serving the site. The parking space, turn around and any improvements to the access road shall be completed within one year from the date of this Special Review approval; 5. Building permits are required for all structures, including the existing tower and structures. All applications for building permits shall be submitted within 90 days of this Special Review approval; 6. Within 180 days of approval the applicant shall provide 6 foot, solid wood fencing around the equipment area and building to screen this area from the road and neighboring properties. All equipment shall be located within the fenced area; 7. Within 180 days of approval the tower and all antennas shall be painted a dark green or brown to blend with the surrounding natural environment; 8. Within 180 days of approval the equipment building shall be painted to match the existing equipment cabinets; 9. The power pole and attached television antennas located in the Chickasaw Court right-of-way shall be removed and documented within 180 days of this Special Review approval and documentation shall be sent to the Planning Department; 10. The AT&T gold anodized parabolic antenna located on a steel pole within the utility easement on the northern portion of the site shall be relocated to a site approved by Planning Staff within 180 days of this Special Review Approval. The antenna shall be relocated to a location is not within a utility easement and that meets the setback requirements outlined in Section 16.1.3. A.3.a. The applicant shall notify the Planning Department if and when this antenna is removed from the site11. Prior to the addition of equipment or users to the site shall require amendment of this Special Review; 12. Failure to comply with the conditions of the Special Review approval may result in reconsideration of the use and possible revocation of the approval by the Board of Commissioners.

Ms. Knauf stated the site has existed since approximately 1972 without the benefit of County review. At issue, Ms. Knauf continued, is that the Road and Recreation covenants do not permit commercial uses, however the County does not enforce or get involved with covenants.

Mr. Barry Serlis, member of the Road and Recreation Board, stated that the original tower applicant was the Lion's Club, a non-profit organization, and the purpose was to receive channel 5 out of Cheyenne. Currently the use of the tower is commercial and has caused havoc with the adjacent property owners and no attempt has been made to mitigate the situation.

Chair Rennels clarified that the Road and Recreation Association has already set president by allowing the tower in the first place. Mr. Serlis stated that commercial use was not allowed. Chair Rennels asked when commercial use of the tower first started and Ms. Knauf stated that cable was allowed in 1978 and was expanded in 1992 to include cell phone, pager and two-way radio transmissions without County review.

Mr. John Farris, representative of the parcel owner, provided a brief history of the site and noted that traffic impact is very minimal since the tower is serviced once a month. The current condition of the site is the same as when the Lion's Club originally built it in 1978.

Commissioner Bender stated that the original use was commercial based on the fees charged and therefore has no problem with this application. Chair Rennels noted that covenants are a civil issue and the original deal approved by the Road and Recreation Board with the Lion's Club allowed money to be paid for use of the site and access to it and therefore was commercial.

MOTION

Commissioner Bender moved that the Board of County Commissioners approve the Red Feather Lakes CMRS Special Review as presented and outlined above.

Motion carried 2 - 0.

7. CITY OF FT. COLLINS DRY CREEK PROJECT FLOOD PLAIN SPECIAL REVIEW (FPSR): FROM DOUGLAS RESERVOIR IN S35-T9N-R69W TO E. MULBERRY ST @ TIMBERLINE RD

Staff recommendation is 1. That the stability of the Dry Creek channel be evaluated using a sediment continuity analysis or similar analytical evaluation and all identified significant adverse impacts be appropriately mitigated; 2. That the freeboard of the Larimer and Weld Canal through the project reach be evaluated and bank improvements be incorporated into the final design to provide an appropriate level of freeboard during the 100-year event.

All analyses and proposed improvements arising from both of these conditions are to be reviewed and approved by County Engineering staff. The Board made an additional recommendation that in conjunction with the LOMR for this project the City and/or County, either individually or together, complete the floodplain re-mapping in the County that would be affected by this project.

Mr. Burns briefed the Board on the application. Mr. Hibbard, City of Fort Collins Stormwater, noted that there are no objections to the staff recommendation and the City would keep the County apprised of the project as it proceeds.

Commissioner Bender asked if modeling could be performed without construction and Mr. Burns replied that modeling would be computer generated.

Mr. Fred Walker, Water Supply and Storage and Jackson Ditch Co. representative, stated that there are issues with the west bank of Dry Creek and the Jackson Ditch and that he believes the City and Engineering Department are currently addressing the issue, but he came to meeting to see if any additional information was available.

Mr. Roger Morgan expressed concern in that the County had performed much research on the project prior to the City getting involved, and that information should not be lost. Mr. Morgan further noted that the City's proposal has the Flood maps stopping at N. Shields and believes County residents within the Dry Creek pathway should be included.

Mr. Morgan further noted that a segment of Dry Creek flows would be reduced to 500 CFS when it reaches the Terry Ditch, yet the ditch has not agreed to accept those flows. And lastly, Mr. Morgan asked if the City would be subject to the County's' Location and Extent Special Review process since the project would be on public/private property?

Mr. Norman Juit stated that the 1997 flood did not reach the Terry Ditch inlet much less County Road 56, and inquired about the fees to be assessed to County and City residents within the project.

Mr. Burns stated the floodplain would be re-mapped from Shields to the Poudre River and submitted to FEMA. At this time, Mr. Burns continued, the City has chosen not to re-map other areas and that there is no intention to assess additional fees to property owners.

Mr. Hibbard stated that the project would reduce CFS from 6000 to 500 above N. Shield and that the area will not be re-mapped at this time because it is County residents and has no benefit to the City.

Ms. Haag stated that if improvements were to be physically built, the City would be required to proceed through the Location and Extent process.

Mr. Saye noted that approximately 640 structures would be removed from the floodplain and that approximately 200 of them are in Larimer County.

Chair Rennels clarified that the project was originally started with County staff, however due to budget constraints, the City took lead of the project and all research previously performed by the County would be taken into consideration.

MOTION

Commissioner Bender moved that the Board of County Commissioners approve the City of Fort Collins Dry Creek Project Floodplain Special Review as presented and outlined above.

Motion carried 2 - 0.

There being no further business, the hearing adjourned at 4:15 p.m.

__________________________________

KATHAY RENNELS, 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: Rocky Mountain National Park by Sue Burke. All rights reserved.