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MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

Monday, February 16, 2004

LARIMER COUNTY OFFICES WERE CLOSED THIS DATE IN OBSERVANCE OF PRESIDENTS' DAY

TUESDAY, FEBRUARY 17, 2004

ADMINISTRATIVE MATTERS

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The Board of County Commissioners met with Neil Gluckman, Assistant County Manager; Chair Rennels presided and Commissioners Bender and Gibson were present. Also present were Al Kadera and Karin Knauf, Planning Department; Jeannine Haag and David Ayraud, County Attorneys' Office; Deni La Rue, Commissioners' Office; Cindy Buckardt, Carrie Martin Elementary School; and Jean O'Connor, Clerk to the Board.

1. PUBLIC COMMENT: None

2. APPROVAL OF THE MINUTES FOR THE WEEK OF FEBRUARY 9, 2004:

MOTION

Commissioner Bender moved that the Board of County Commissioners approve the minutes of February 9, 2004 as presented.

Motion carried 3 - 0.

3. REVIEW OF THE SCHEDULE FOR THE WEEK OF FEBRUARY 23, 2004: Mr. Gluckman reviewed the schedule with the Board.

  1. CONSENT AGENDA:
  2. MOTION

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

    PETITIONS FOR ABATEMENT: As recommended by the County Assessor, the following petitions for abatement are approved Rowe, Thompson, Tsou, Rhythms, LLC, Colo Motor Car Co; Jaudes, Bryant, Rutledge, Hebert & Frazier, LLLP, Berthoud Family Dentistry, Trenton, Rhythns Bar & Grill, O'Neil, Fudge, Wolff-Mills, Tsoi, Hix, and Brent White Design LLC.

    02172004A001 AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND VOLUNTEERS OF AMERICA COLORADO BRANCH FOR THE USE AND BENEFIT OF HUMAN SERVICES OFFICE ON AGING PROGRAM (Meals for Seniors)

    02172004A002 AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND VOLUNTEERS OF AMERICA COLORADO BRANCH FOR THE USE AND BENEFIT OF HUMAN SERVICES OFFICE ON AGING PROGRAM (Meals and Nutrition Education)

    02172004A003 ENGAGEMENT LETTER BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND GRANT THORNTON, LLP (2003 Audit)

    02172004R001 FINDINGS AND RESOLUTION APPROVING THE ANTROBUT-DERSCHERON MINOR LAND DIVISION AND APPEAL

    02172004R002 FINDINGS AND RESOLUTION APPROVING THE HIDDEN VALLEY ESTATES III PRELIMINARY RURAL LAND PLAN

    02172004R003 FINDINGS AND RESOLUTION APPROVING THE ROTH AMENDED PRELIMINARY RURAL LAND PLAN TO MODIFY A CONDITION OF APPROVAL

    MISCELLANEOUS: Department of Human Services payments for January 2004.

    LIQUOR LICENSES: The following liquor licenses were both approved and issued The Red Feather Café and Bar- Tavern- Red Feather Lakes, CO; A Hunt Club- Tavern- Fort Collins, CO; Carter Lake Marina- 3.2%- Loveland, CO; South Taft Liquor- Retail- Fort Collins, CO.

    Motion carried 3 - 0.

  3. EXECUTIVE SESSION (Affidavit provided)

MOTION

Commissioner Bender moved that the Board of County Commissioners go into executive session at 9:37 a.m. and cited 24-6-402 (4)(b) C.R.S.

Motion carried 3 - 0.

Executive session ended at 9:55 a.m.; no action was taken.

6. REQUEST FOR SUPPORT OF A GREAT OUTDOOR COLORADO (GoCO) APPLICATION: Ms. Buckardt stated that she would be submitting an application to GoCO for $96,000 for playground equipment at Carrie Martin Elementary School and noted that $46,000 in cash has already been raised. Ms. Buckardt requested a letter of support from the Board to include with the application.

MOTION

Commissioner Gibson moved that the Board of County Commissioners approve a letter of support for the Carrie Martin Elementary School GoCO application and authorize the Chair to sign.

Motion carried 3 - 0.

7. WORK SESSION: Mr. Gluckman stated that the 2nd Boards/Commission training would be this afternoon. Chair Rennels suggested a training session for Estes Park might be helpful.

Mr. Gluckman noted that he would be organizing a meeting with local legislators and the consultant for the jail project. A few agenda topics, Mr. Gluckman continued, would be the Goodtimes Bill and the Bail Bondsman Bill.

Mr. Gluckman provided the Board with a legislative update.

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

9. LEGAL MATTERS: Mr. Ayraud provided the Board with resolutions regarding fees for the Sheriffs' Department and requested approval.

MOTION

Commissioner Bender moved that the Board of County Commissioners approve the resolutions regarding fees as presented.

Motion carried 3 - 0.

02172004R004 RESOLUTION ADOPTING A SLIDING SCALE FEE TO HOME DETENTION

02172004R005 RESOLUTION PROVIDING FOR AN ADMINISTRATIVE FEE FOR A COMBINED WORK RELEASE AND WORKENDERS PROGRAM

02172004R006 RESOLUTION PROVIDING FOR AN ADMINISTRATIVE FEE FOR A WORK RELEASE PROGRAM

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

SYLVAN DALE LLLP

LIQUOR LICENSE HEARING

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The Board of Commissioners met at 1:30 p.m., with Linda Connors, Assistant County Attorney; Chair Rennels presided and Commissioners Gibson and Bender were present. Also present were Gael Cookman and Jean O'Connor, Clerks' Office; and Dawn Stroh, Recording Clerk.

Ms. Connors briefed the Board on the application and exhibits of the Sylvan Dale Ranch and had the Court Reporter swear Mr. Jessup in for testimony.

Mr. David Jessup, owner of Sylvan Dale Ranch, stated that customers who stay at the Ranch or events that are held there would have access to alcohol, but that it would not be open to the general public.

Chair Rennels asked if the employees would be trained and Mr. Jessup stated that Mr. Stickland, the manager, would train the employees.

Ms. Connors noted that there is no public present to comment on this item.

The Board did not express any concern with the issuance of this license.

MOTION

Commissioner Gibson moved that the Board of County Commissioners approve the Hotel-Restaurant Liquor License for Sylvan Dale Ranch located at 2939 NCR 31 D.

Motion carried 3-0.

There being no further business, the hearing adjourned at 1:40 p.m.

LAND USE HEARING

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The Board of County Commissioners met at 3:00 p.m., with Rob Helmick, Senior Planner; Chair Rennels presided and Commissioners Gibson and Bender were present. Also present were Geniphyr Ponce-Pore, Al Kadera and Claudia DeLude, Planning Department; Roxann Hayes, Engineering Department; Doug Ryan, Health Department; Jeannine Haag, Assistant County Attorney; Jean O'Connor, Clerks' Office; and Dawn Stroh, Recording Clerk.

Chair Rennels stated the following items are consent and would not be discussed unless requested by the Commissioners or members of the audience.

1. GLEN HAVEN SUBDIVISION LOTS 31, BLOCK 9 AMENDED PLAT 03-S2232; NORTH 1/2 OF NORTH 1/2 OF LOT 31 AND THE SOUTH 1/2 OF THE NORTH 1/2 OF LOT 31, BLOCK 9, GLEN HAVEN SUBDIVISION, IN THE NW 1/4 OF 34-6-72, APPROXIMATELY 2500' NORTHEAST OF THE INTERSECTION OF COUNTY ROAD 43 AND OLD SAWMILL TRAIL

This is a request to Amend the Plat of the North 1/2 of North 1/2 of Lot 31 and the South 1/2 of the North 1/2 of Lot 31, Block 9, Glen Haven Subdivision, to realign the boundary between the two lots. The staffs recommendation is approval of File #03-S2232, subject to the following conditions and authorize the Chair to sign the Plat when the conditions are met and the Plat is presented for signature; 1) The Final Plat shall be recorded by August 17, 2004 or this approval shall be null and void; 2) Final technical corrections to the plat, as requested by Dale Greer of Larimer County Engineering, shall be made prior to the recordation of the Plat.

2. WEST HIAWATHA HEIGHTS LOT 1 AMENDED PLAT AND EASEMENT VACATION 03-S2231; SECTION 29, TOWNSHIP 10 NORTH, RANGE 73 WEST OF THE 6TH PM, LARIMER COUNTY, COLORADO

This is a request to amend the plat of Lot 1 of the Amended Plat of Lots 1-3, Block 5, of West Hiawatha Heights Subdivision, incorporating a portion of a metes and bounds parcel into the lot, and vacating a portion of an access easement. The staff finds that the request meets the requirements of the Larimer County Land Use Code. The staffs recommendation is approval of File #03-S2231, the Amended Plat of the Amended Plat of Lots 1-3, Block 5 of the West Hiawatha Heights Subdivision and Easement Vacation, subject to the following conditions and authorize the Chair to sign the Plat when the conditions are met and the Plat is presented for signature; 1) The Final Plat shall be recorded by August 17, 2004 or this approval shall be null and void.

3. HIAWATHA HEIGHTS LOTS 1, 3 AND 18, BLOCK 2 AMENDED PLAT 04-S2233; NE 1/4 29-10-73, OFF THE NORTH SIDE OF COLUMBINE DRIVE IN THE HIAWATHA HEIGHTS SUBDIVISION

This is a request for an Amended Plat to consolidate 3 existing lots in the Hiawatha Heights Subdivision. Section 5.7.3 of the Larimer County Land Use Code allows for the approval of an amended plat, if the request complies with the requirements of the following Review Criteria found in the Code. The staff finds; a) The proposed amended plat complies with the Larimer County Land Use Code; b) The proposed amended plat is compatible with other development in the surrounding area; c) Approval of the amended plat will not result in any significant impacts to neighboring properties, the natural environment or the provision of services and infrastructure; d) The amended plat will not adversely affect property values in the surrounding area. The staffs recommendation is approval of the Amended Plat Hiawatha Heights Block 2, Lots 1, 3 and 18 to be known as Lot 1A of the Amended Plat of Lots 1, 3 and 18, Block 2, Hiawatha Heights Subdivision, subject to the following conditions and authorize the Chair to sign the plat when the conditions are met and the plat is presented for signature; 1) The Final Amended Plat shall be consistent with the information contained in File #04-S2233 pr as modified by conditions of approval; 2) All conditions shall be met and the final executed deed and resolution of the County Commissioners recorded by 8-17-04, or this approval shall be null and void; 3) The resultant lot is subject to any and all covenants, deed restrictions or other conditions that apply to the original lots.

MOTION

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

Motion carried 3 - 0.

4. RESLEY ZONING VIOLATION; 4267 WEST COUNTY ROAD 4

Ms. DeLude noted that staff has been working with the property owner and is therefore requesting this item be tabled to May 10th, 2004 at 3:00 P.M.

MOTION

Commissioner Gibson moved that the Board of County Commissioners table the Resley Zoning Violation to May 10th, 2004 at 3:00 P.M.

Motion carried 3-0.

There being no further business, the meeting was adjourned at 3:04 p.m.

_________________________________

KATHAY RENNELS, CHAIR

BOARD OF COMMISSIONERS

SCOTT DOYLE

CLERK AND RECORDER

(S E A L)

A T T E S T

_____________________________ ______________________________

Dawn Stroh, Recording Clerk Jean M. O'Connor, Clerk to the Board

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