MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

Monday, April 12, 2004

LAND USE HEARING

(#40)

The Board of County Commissioners met with Rob Helmick, Senior Planner; Chair Rennels presided and Commissioners Bender and Gibson were present. Also present were Karin Knauf, Matt Lafferty and Claudia DeLude, Planning Department; Traci Downs, Engineering Department; Candace Phippen, Building Code Enforcement; Jeannine Haag, Assistant County Attorney; and Jean O'Connor, Clerk to the Board.

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

1. IDEAL HOMESITES 1ST FILING LOTS 5 & 6 AMENDED PLAT: NE 1/4 OF 29-08-69: LOCATED ON THE NORTH SIDE OF BURNS STREET, WEST OF COUNTY ROAD 21C

This is a request for an amended plat to consolidate Lots 5 & 6 into one lot. Staff recommendation is approval with the following conditions: 1. All conditions shall be met and the final executed deed and resolution of the County Commissioners recorded by October 12, 2004 or this approval shall be null and void; 2. The resultant lot is subject to any and all covenants, deed restrictions or other conditions that apply to the original lots; 3. Prior to the execution and recordation of the resolution of the County Commissioners, the applicant must assure all ad valoreum taxes applicable to the lots for the years prior to that year in which approval is granted have been paid.

  1. ARNDT MINOR LAND DIVISION: A PORTION OF THE NE 1/4 OF SECTION 15, TOWNSHIP 5 NORTH, RANGE 68 WEST; MORE SPECIFICALLY THE PROPERTY IS LOCATED ON THE SOUTHEAST CORNER OF THE INTERSECTION OF I-25 AND HIGHWAY 34

This is a request for a Minor Land Division to divide the existing improved area of a 46.3-acre parcel from the balance of the property, by creating two lots being 5.01 acres and 41.26 acres in area. The 41.26-acre lot will remain undeveloped until a land division application is approved for the property. Staff findings are 1. The property for the proposed Arndt Minor Land Division is not part of any approved or recorded Exemptions, Minor Residential Developments, Minor land Divisions or Subdivisions and is therefore eligible for this Minor Land Division; 2. The newly created parcels will meet the minimum lot size required by the FA (Farming) zoning district; 3. Access to the property will not change and complies with current standards as set forth by the County Engineering Department and CDOT; 4. The Arndt Minor Land Division will not result in impacts greater than those of existing uses surrounding the property. Staff recommendation is approval subject to the following conditions and authorize the Chair to sign the plat when presented for signature 1. All conditions shall be met and the Final Plat recorded by October 12, 2004 or this approval shall be null and void; 2. The following shall be noted on the Final Plat: Until an appropriate land division application is approved by the County Commissioners, or if annexed, no development, including the construction of a single family residence, shall occur on Lot 2 of the Arndt Minor Land Division.

MOTION

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

Motion carried 3 - 0.

3. WENDEL ZONING VIOLATION: 8867 COUNTY ROAD 19, FORT COLLINS

This is an alleged violation the Land Use Code Section 4.1.5: Outside storage and a junkyard, by definition in the Larimer County Land Use Code, are not permitted uses in the O-Open zoning district. Staff findings are 1. The property is zoned O-Open; 2. Outdoor storage of junk is not a permitted use in the O-Open zoning district; 3. A junkyard is not a permitted use in the O-Open zoning district; 4. The property owner has made no contact to staff; 5. The property is being used for outside storage of miscellaneous junk & derelict vehicles; 6. The continued use of the property, in violation of the Land Use Code, will affect property values in the area; 7. The continued use of the property, in violation of the Land Use Code, has affected the neighbor's ability to enjoy their own property. Staff recommendation is 1. Find that a violation exists; 2. Require compliance within 60 days. Compliance would require a) building permits be obtained for all structures onsite or the structures are removed; b) all outdoor storage of miscellaneous junk/derelict vehicles be removed; 3. Authorize legal action if the deadline is not met.

Ms. DeLude briefed the Board on this violation and stated that the property owner had been in to see staff last week and that all vehicles on the parcel are registered to him. Ms. DeLude stated that in checking with Motor Vehicle, the bus is not registered. Commissioner Bender asked how old the structures are and if they may have been built prior to building permit requirements. Ms. DeLude stated that the Assessors' Office shows a 1983 mobile home, but that the buildings could have been there longer and staff is continuing to research them. Commissioner Gibson asked why there are no pictures of this violation and Ms. DeLude stated that she had pictures, but they seem to have disappeared.

Chair Rennels suggested this item be tabled for 30-days to allow staff to research the buildings, take pictures and provide additional information.

MOTION

Commissioner Gibson moved that the Board of County Commissioners table the Wendel Zoning Violation to May 24, 2004 at 3:00 p.m.

Motion carried 3 - 0.

There being no further business, the hearing adjourned at 3:10 p.m.

LAND USE HEARING

(#40)

The Board of County Commissioners met with Jim Reidhead, Rural Land Use Center Director; Chair Rennels presided and Commissioners Bender and Gibson were present. Also present were Christie Coleman, Engineering Department; Jeannine Haag, Assistant County Attorney; and Jean O'Connor, Clerk to the Board.

1. WILD VALLEY NORTH PRELIMINARY RURAL LAND PLAN: SECTION 5, TOWNSHIP 5 NORTH, RANGE 69 WEST; AND SECTION 32, TOWNSHIP 6 NORTH, RANGE 69 WEST; GENERALLY LOCATED 11/2 -2 MILES WEST OF WILSON AVENUE IN THE CITY OF LOVELAND, ROUGHLY 11/4 MILE NORTH OF HIGHWAY 34, AND 1/2 MILE NORTH OF THE HIDDEN VALLEY ESTATES II RLUP AND IMMEDIATELY WEST OF THE PROPOSED HIDDEN VALLEY ESTATES III RLUP

This is a request for preliminary approval to divide approximately 160 +/- acres into nine (9) single-family residential lots, located on about 45 acres, and two (2) residual land (private open space) parcels, on about 115 acres. The residual land parcels will remain in agricultural production (grazing) and will be protected from further development for a minimum of 40 years by a recorded covenant or a deed restriction, as required under the RLUP. Staff finds that this proposal is consistent with the policies of Section 5.8-Rural Land Use Process of the Larimer County Land Use Code.

Support for the Wild Valley Preliminary Rural Land Plan is based on the following:

  • Applicant's planning and design rationale for the project, which is consistent with the RLUP.
  • Conservation values of the residual land, including preservation of open space and wildlife habitat.
  • The plan is generally compatible with the existing neighboring land uses.

Support for this proposed plan takes into consideration the various other land developments and design options, particularly the 35-acre alternative, for which there is no County review. The greater number of residential units possible under the zoning and the general development pressure within the immediate area for use-by-right 35-acre division of land supports our belief that this is an appropriate project.

As proposed, this project will also provide commensurate long-term benefits to citizens of Larimer County. Those benefits are summarized below:

  • Protective covenant on residual land with difficult reversion process at end of 40 years.
  • Transportation capital expansion fees received from the project.
  • Contribution of US 34 intersection improvement funding
  • School and park fees received from the project.
  • Fewer residences than likely allowed through subdivision process.
  • Ability to influence design of project, as compared to use-by-right division of property into 35-acre parcels.

Staff recommendation is approval and the following contingencies must be met prior to approval of final plat by the Board of County Commissioners 1. All roads constructed within the Rural Land Plan shall be in accordance with duly adopted Rural Land Use Process road standards in effect at the time construction is commenced. Design shall be prepared and stamped by a qualified professional engineer licensed in the State of Colorado. Internal roads may be contained in a private access and utility easement. Documentation that verifies that all site accesses have safe access/adequate site distance shall be included. Road names and addressing shall meet standards in Section 5.11 of the Larimer County Land Use Code; 2. A traffic study must be completed to evaluate the safety needs associated with this project and applicant must work with the Colorado Department of Transportation to determine resolution of the access permit update before final approval; 3. The road crossing for Lots 1-5 shall be designed and sized adequately to convey the drainage flow from a 100-year storm event; 4. Septic systems for Lots 1-3 shall be designed by a qualified engineer licensed in the State of Colorado and that design must be reviewed and approved by the County Health Department before issuance of building permits; 5. An additional fee not to exceed $5000 shall be assessed against each approved residential lot, to be used solely for a professional traffic study and possible improvements at the US 34-Hidden Valley Drive intersection per CDOT requirements; 6. Public water shall be provided for the majority of this project (except for 2 lots on the western side of this project where wells will be allowed). A letter of commitment from the City of Loveland must be provided prior to final plat approval. This letter of commitment must specifically state that the water distribution system is (or will be) designed to meet the normal and minimum pressure design standards contained in Section 8.1.2.A.1 of the Land Use Code or more stringent standards as required by the District. If the water system will be designed to provide fire protection, the letter of commitment also must address the pressure and delivery standards outlined in Section 8.1.4 of the Land Use Code; 7. Lot sizes shall be a minimum of 3 acres since public water will be provided. On the lots where wells are to be used, the minimum lots size shall be 5 acres; 8. Building envelopes shall be placed on each lot. All building envelopes shall be located outside the floodplain and drainage areas and shall meet minimum setback requirements listed in the Larimer County Land Use Code; 9. Automatic fire protection sprinklers will be required for all new residential structures or written permission for variance from this requirement from the fire district; 10. Emergency access shall be provided to this project; 11. The residual land protective covenant and management plans must be reviewed and approved by the County Attorney and the RLUC Director prior to final plat approval. This plan shall address wildfire dangers and include a maintenance schedule to keep the grasses to a minimum height, thus reducing the potential wildfire threat and may include grazing or mowing. The wildfire mitigation component shall be reviewed by the Wildfire Safety Specialist; 12. Restrictive covenants, including provisions for internal road maintenance, small acreage management, architectural guidelines, and other requirements must be reviewed and approved by the Rural Land Use Center Director prior to final plat approval; 13. The final development agreement must be reviewed and approved by the County Attorney prior to final plat approval; 14. A Lot Sale Prohibition shall be placed on this property preventing the sale of any new lots until the applicable improvements (i.e., legal access and public utilities, including but not limited to water supply, electricity, and telephone facilities) have been completed and/or installed according to the project requirements. The lots cannot be sold, transferred or conveyed unless and until Developer provides written designation stating whether the improvements have been completed for the lot proposed to be sold, transferred or conveyed. The Lot Sale Prohibition will be recorded in the records of the Larimer County Clerk and Recorder and will be a covenant running with the Lots. Upon receipt of such written designation, County will provide to Developers a release of the Lot Sale Prohibition for the particular lot(s) for which the improvements have been completed. In addition to any other legal or equitable remedies, County may withhold building permits or certificates of occupancy if improvements are supplied to the lot by a source other than that stated in the designation; 15. The following must be listed as a note on the final plat and on a disclosure statement, approved by the County Attorney, available to lot buyers through the public records at the time of purchase: a) The construction of any single-family residence in this development will require the installation of residential fire sprinklers if fire hydrants and/or a public water supply are not present to provide fire protection unless written permission for variance from this requirement from the fire district is received; b) LOT SALE PROHIBITION. Developers will execute a Lot Sale Prohibition Agreement which stipulates that Lots 1-9 and/or Residual Lots A-B cannot be sold, transferred or conveyed unless and until Developers provide to County a written designation stating that all the applicable improvements (i.e., legal access and public utilities, including but not limited to water supply, electricity, and telephone facilities) have been completed and/or installed according to the project requirements. The lots cannot be sold, transferred or conveyed unless and until Developer provides written designation stating whether the improvements have been completed for the lot proposed to be sold, transferred or conveyed. The Lot Sale Prohibition will be recorded in the records of the Larimer County Clerk and Recorder and will be a covenant running with the Lots. Upon receipt of such written designation, County will provide to Developers a release of the Lot Sale Prohibition for particular lot(s) for which the improvements have been completed. In addition to any other legal or equitable remedies, County may withhold building permits or certificates of occupancy if improvements are supplied to the lot by a source other than that stated in the designation; c) Septic systems for Lots 1-3 shall be designed by a qualified engineer licensed in the State of Colorado and that design must be reviewed and approved by the County Health Department before issuance of building permits. Lots 1 & 2 may require additional acreage to achieve the approved design; d) An additional fee not to exceed $5000 shall be assessed against each approved residential lot, to be used solely for a professional traffic study and possible improvements at the US 34-Hidden Valley Drive intersection per CDOT requirements; e) 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; f) Some or all lots in this development include building envelopes. All structures must be located within these Larimer County approved building envelopes, as shown on the approved subdivision plat. Prior to the approval of the footing and foundation inspection, the owner/applicant for a building permit will be required to demonstrate that the structure(s) is located within the building envelope. This shall be accomplished by a written certification by a Colorado Licensed Surveyor. If the structure requires a county Setback and Use Permit rather than a building permit, this surveyor's certification is also required; g) Engineered footings and foundations may be required for new habitable construction. Please check with the Larimer County Building Department for requirements prior to submitting a building permit application; h) Lot owners should be advised that there is a potential for nuisance conflicts from wildlife (such as skunks, mountain lions, bears, raccoons, foxes, coyotes, prairie dogs and snakes). The Colorado Division of Wildlife can provide information to property owners about how to handle these situations, but lot owners are responsible for addressing wildlife conflicts if they arise; i) No feeding of any wildlife. Any food placed for wildlife will eventually attract the Black Bears traveling through the area. Once a bear finds food around homes and trailers, they become habituated to humans, often causing damage to property in their search for food. The State of Colorado is not liable for damages to non-agricultural property. Homeowners insurance is strongly advised j) Keep trash and garbage removed from site. Bear proof containers are commercially available and they work. Garbage and trash can be as attractive to bears as placing out food for wildlife; k) It is strongly recommended that trailers and motor homes not be left on site unattended. These items may be destroyed by bears if left unattended. This is particularly important during the months of July to September, when the bears are most active in their search for food; l) Many other species of wildlife live in the area; some can be dangerous to humans and pets. It must be remembered that landowners will be living with wildlife. Species that may be found in the area are Coyotes, Mountain lions, Bobcats, Skunks, Badgers, Raccoons, Deer, Elk, Hawks, Owls and Eagles; m) Pets must be contained on property, either by leash or enclosure; n) During certain times of the year mosquitoes may present a significant nuisance. Larimer County does not have a mosquito abatement program. Any mosquito abatement activity will be the responsibility of the homeowner; such activity must be according to applicable Federal, State and local rules and regulations; o) Prairie dog colonies exist in the general area; prairie dogs can be a nuisance if they migrate to developed residential property. At times these animals are implicated in the transmission of plague to people or their pets. It is important for residents to observe animal control requirements for dogs and cats; p) Agricultural operations and farming practices on adjacent properties can produce odors, noise and dust. These are a normal part of agriculture and should be expected to occur. In addition, plowing, planting, cultivating, spraying, harvesting, and various livestock operations may be carried out at all times including nighttime; q) If livestock will be kept on these lots, it will be important to carefully manage grazing in order to maintain grass cover in the pasture. Overgrazing will produce bare ground, weeds, erosion and polluted runoff. Management of these lots should be coordinated with drainage and erosion control issues, siting of sanitation systems, fencing and feeding; r) Larimer County has adopted a Right to Farm Resolution; s) The following fees shall be collected at building permit issuance for new single-family dwellings: Poudre R-1 school fees, Larimer County fees for County and Regional Transportation Capital Expansion, Larimer County Park Fees (in lieu of dedication), Drainage Fees and Rural Land Use Process fees. The fee amount that is current at time of building permit application shall apply; t) Some or all lots in this development include building envelopes. All structures must be located within these Larimer County approved building envelopes, as shown on the approved subdivision plat; u) Larimer County shall not maintain roads or streets in this development. Maintenance of the streets shall be the responsibility of the property owners. Failure to maintain streets may result in a lien being placed on these lots; v) At time of real estate closing, owner shall provide purchasers of residential lots and residual lands with the Code of the West, a County document which addresses differences between urban and rural living in Larimer County; w) The owners of the residual land parcel shall be responsible for providing an annual monitoring report for the residual land to Larimer County Rural Land Use Center; x) Lots in this Rural Land Plan are subject to the conditions and requirements of a Development Agreement. The Developer and Larimer County executed this agreement in consideration of the approval of this Development. This Agreement was recorded immediately after this plat. All purchasers should obtain and read the Development Agreement.

Mr. Reidhead briefed the Board on the application, the topography and points of access.

Mr. Greg Wild, the applicant, stated that he has met with a Loveland engineer who stated that a septic system could be designed for Lots 1 - 3. The access grade to Lots 1 and 2 will also meet County requirements. Mr. Wild also noted that originally, he had considered a subdivision for his property and his niece's property, which would have resulted in 300+ homes. However, when other properties in the valley were submitted through the Rural Land Use process, they reconsidered.

Chair Rennels asked how many homes are proposed and Mr. Wild stated 9. Chair Rennels asked if Mr. Wild is agreeable to move lots 1 & 2 down to accommodate septic systems if necessary and Mr. Wild replied in the affirmative but noted that the view to the west would not be sacrificed.

Ms. Kathy Hartman stated that the Backbone Trail is very heavily used and expressed the following concerns 1. That homes be compatible to the landscape, and as a condition of approvel, architectural controls/ design standards be put in writing prior to final approval. Ms. Hartman further noted that the Loveland City Attorney has stated that conditions could be placed on the requested water taps. 2. Fencing: Fencing should be consistent with all homes and developments and not impede wildlife corridors. 3. Residual land: This land should have a perpetual easement and not a 40-year covenant.

Ms. Hartman provided a map showing that the homes would be visible from many points along the Backbone Trail.

Chair Rennels asked for clarification regarding the conditional water approval. Ms. Hartman stated that Loveland Water Utility has agreed to 50-taps in the valley and that the City Attorney stated that conditions could be placed on those taps. Ms. Hartman stated that Loveland Open Lands want controls in writing or would recommend that the City withhold water.

Commissioner Bender asked if the residual land would be used for grazing and Mr. Wild replied in the affirmative.

Mr. Bill Jenkins also stated that he enjoys hiking the Backbone Trail and noted that the Board has a unique opportunity to inform citizens and that architectural controls are a big deal. The Board, Mr. Jenkins continued, should come out with a statement as to what is expected of development. Chair Rennels explained the benefit to the community is 47 homes verses 1000+ in the valley and what one person might feel is compatible may not agree with what someone else believes.

Ms. Felicia Harmon stated that her home and a portion of her neighborhood, Namaqua Hills, would be impacted by the proposed secondary access and noted that 43rd Street is a better option. Mr. Reidhead stated that the adjacent property, the Wenninger parcel, already has a recorded access and that property owners in the valley, currently in the Rural Land Use process, are negotiating with him for secondary access.

Commissioner Gibson inquired about access from 43rd Street and Mr. Wild stated that development has already occurred to the north in Sprenger Valley and an access would require approval of 18-homeowners and their mortgage companies. Chair Rennels asked if access ever does become available to the north, would the applicant be willing to move the access and Mr. Wild replied in the affirmative and noted that the more accesses, the better.

Discussion ensued regarding the size of Lots 1 & 2 and the ability to design and install adequate septic systems. It was suggested that the following statement be added to Condition 15.c: "Lots 1 & 2 may require additional acreage to achieve the approved design." The Board concurred. Chair Rennels suggested changing Condition 10 to read, "Emergency access..." instead of "secondary access..."

MOTION

Commissioner Gibson moved that the Board of County Commissioners approve the Wild Valley North RLP as presented and amended.

Motion carried 3 - 0.

There being no further business, the hearing adjourned at 8:20 p.m.

TUESDAY, APRIL 13, 2004

ADMINISTRATIVE MATTERS

(#41 & 42)

The Board of County Commissioners met with Frank Lancaster, County Manager; Chair Rennels presided and Commissioners Bender and Gibson were present. Also present were Gary Buffington, Parks and Open Lands; Bob Keister, Donna Hart, Deni La Rue, and Melinda Keen, Commissioners' Office; Join Friedman, Workforce Center; Karin Knauf and Al Kadera, Planning Department; Jeannine Haag, Assistant County Attorney; Joe Ferrando, Debbra Russell, Sheriff Alderden, Victor Johnson and Sheila Davidson, Community Corrections and the Sheriffs' Office; and Jean O'Connor, Clerk to the Board.

  1. PUBLIC COMMENT: Ms. Stacy Heiliger and Mr. Derek LoGrippo addressed the Board with concerns regarding the east side of Horsetooth Reservoir.
  2. APPROVAL OF THE MINUTES FOR THE WEEK OF APRIL 5, 2004:

MOTION

Commissioner Gibson moved that the Board of County Commissioners approve the minutes for the week of April 5, 2004 as presented.

Motion carried 3 - 0.

3. REVIEW OF THE SCHEDULE FOR THE WEEK OF APRIL 19, 2004: Ms. Hart reviewed the schedule with the Board.

CONSENT AGENDA:

MOTION

Commissioner Bender 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 Epicenter Development, Inc; Sautter; Keeton Corporate Ranch, LLC; Costello; Empire Savings Bldg. & Loan Association Tax Acct.; Daniels; and Goodwin.

04132004A001 WARRANTY MEMORANDUM BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND SIVON ENTERPRISES, LLC FOR THE AMENDED PLAT OF LOTS 2 - 12 AND A PORTION OF LOT 13, POPLAR LAND 1ST SUBDIVISION

04132004A002 AMENDED AND RESTATED AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE CITY OF FORT COLLINS CONCERNING THE INDIAN CREEK PROPERTY

04132004A003 RIGHT-OF-WAY PURCHASE AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE STATE OF COLORADO ACTING BY AND THROUGH THE DEPARTMENT OF MILITARY AND VETERANS AFFAIRS

04132004A004 TEMPORARY EASEMENT AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE STATE OF COLORADO ACTING BY AND THROUGH THE DEPARTMENT OF MILITARY AND VETERANS AFFAIRS

04132004A005 AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND WILLIAM J AND THERESA E CHUNKO FOR ROAD IMPROVEMENTS ON COUNTY ROAD 46E

04132004D001 DEED OF DEDICATION OF PROPERTY AS A PUBLIC HIGHWAY BY WILLIAM J AND THERESA E CHUNKO

04132004D002 DEED OF DEDICATION OF PROPERTY AS A PUBLIC HIGHWAY BY BERNARD W AND LORY LEVINGER

04132004D003 DEED OF CONSERVATION EASEMENT FOR THE CULVER PROPERTY BY LARIMER COUNTY IN FAVOR OF THE CITY OF FORT COLLINS

04132004D004 DEED OF CONSERVATION EASEMENT BY LARIMER COUNTY IN FAVOR OF THE CITY OF FORT COLLINS FOR THE INDIAN CREEK RANCH

04132004R001 RESOLUTION FOR CONVEYANCE AND QUIT-CLAIM DEED BY THE BOARD OF COUNTY COMMISSIONERS TO THE CITY OF LOVELAND

MISCELLANEOUS: Heron Pointe Minor Land Division; Office on Aging Advisory Council By-laws; and Confidential Personnel Agreement.

LIQUOR LICENSES: The following license was both approved and issued: Sandy's Convenience Store- 3.2%- Fort Collins, CO. The following license was approved American Legion Hall George Beach Post #4- 3.2% Special Event- LaPorte, CO. The following license was issued Sylvan Dale Ranch- Hotel & Restaurant w/ optional premise- Loveland, CO.

Motion carried 3 - 0.

5. RECOGNITION AWARD FROM COLORADO WORKFORCE DEVELOPMENT COUNCIL TO THE WORKFORCE CENTER: Mr. Lancaster stated that the County Workforce Center had been recognized and thought it would be appropriate for Ms. Friedman to share the award with the Board. Ms. Friedman stated that the State had recognized the County Workforce Center for meeting all performance standards and for consistant assistance to our citizens in finding employment and/or training for employment.

6. EXPANSION OF WORK RELEASE AND HOME RELEASE PROGRAM: Lt. Russell proposed a solution to the current backlog in the work release program and the home release program. The potential solution would require four full time positions in the Sheriff's office and two full-time position in Community Corrections. The Work Release program would utilize 20-beds in the new Community Correction facility, and the number of Home Release inmates would increase by 20. Mr. Keister explained the 2004 start-up costs and 2005 costs and that the positions would be absorbed into Community Corrections at some point. Mr. Keister stated that 2004 funds would come from carryover but expressed concern for 2005 funding. Mr. Ferrando stated that Community Correction beds receive $51/bed/day and reiterated that 20-inmates would be released to the Work Release program and that 20 Work Release inmates would be moved to the Home Detention program. The Board also expressed concern with funding for the 2005 budget.

MOTION

Commissioner Gibson moved that the Board of County Commissioners approve funding and hiring for additional staff as requested for the Sheriffs' office and Community Corrections.

Motion carried 3 - 0.

MOTION

Commissioner Gibson moved that the Board of County Commissioners recess Administrative Matters and continue the Steele's Abatement hearing.

Motion carried 3 - 0.

PETITION FOR ABATEMENT

STEELE'S MARKET

The Board of County Commissioners met with Jon Cowling, Assessors' office; Chair Rennels presided and Commissioners Bender and Gibson were present. Also present were Lela de los Santos, Assessors' office; Daniel Garfield, Attorney representing Nash Finch; and Jean O'Connor, Clerk to the Board.

Mr. Cowling explained how assessments are determined, that staff had recalculated the Harmony and Drake Steele's Markets, and how new assessments were determined. Mr. Cowling stated that the Assessor is recommending denial of the petition for abatement for the Harmony store and, based on comparisons of the Albertsons and King Soopers stores, an assessment for the Drake store between 1,192,866 and 1,147,918.

Mr. Garfield stated that he believes the Assessors' office has calculated incorrectly and should have included Safeway stores. Mr. Garfield stated that the sale of the equipment is the best assessment value.

Chair Rennels asked if Nash Finch signed on the line to take over the property and Mr. Garfield replied in the affirmative. Chair Rennels stated that the Board has a responsibility to the citizens of Larimer County and asked if Nash Finch is willing to be assessed $116,000 instead of the $1.2 million assessed, and again Mr. Garfield replied in the affirmative.

Chair Rennels explained floating the mill levy, which would cost the citizens for Steele's bankruptcy. Commissioner Bender stated that he does not believe the sale price of the equipment is the best assessment and Mr. Garfield stated that not all the equipment has been sold. Commissioner Gibson agreed and stated that he supports figures provided by staff.

MOTION

Commissioner Bender moved that the Board of County Commissioners deny the petition for abatement for the Harmony Steele's Market and assess the Drake Steele's Market at $1,180,000 for tax year 2001.

Motion carried 3 - 0.

MOTION

Commissioner Bender moved that the Board of County Commissioners adjourn the Steele's Market abatement hearing, and reconvene Administrative Matters.

Motion carried 3 - 0.

8. 1ST REVIEW OF THE DRAFT SPECIAL EVENTS PERMIT REGULATION: Mr. Kadera stated that staff has been working on this regulation for a long time and the trouble was in trying to define "special event". Ms. Haag stated that originally, it was considered to define special event by the number of attendees, then it was by event type, and finally was determined to go back to the number of attendees. Discussion ensued as to which events would require a permit and if the fee could be waived. Mr. Kadera stated that, if the event has 250 attendees and is at a site that is not intended to accommodate such a number, then a permit would be required. Waiver of the fee would be at the discretion of the County Manager.

Chair Rennels stated that the permit regulation is intended to protect the citizens' expectations of the neighborhood and recalled the circus that showed up in an open field adjacent to neighborhoods in the City of Loveland. Mr. Lancaster stated that without the regulation, the County can not enforce situations like the circus or the troubled gathering that occurred in Red Feather. Consensus of the Board is to schedule a work session with the Planning Commission for additional input.

9. RESOLUTION TO REFER THE PROPOSED ESTES PARK FIRE PROTECTION DISTRICT SERVICE PLAN TO THE PLANNING COMMISSION FOR RECOMMENDATION: Ms. Knauf stated that the Board is required by statute to refer the service plan to the Planning Commission and for the Planning Commission to make a recommendation within 30-days of said referral.

MOTION

Commissioner Gibson moved that the Board of County Commissioners approve a resolution to refer the Estes Park Fire Protection District Service Plan to the Larimer County Planning Commissioner for a recommendation.

Motion carried 3 - 0.

04132004R002 RESOLUTION TO REFER THE ESTES PARK FIRE PROTECTION DISTRICT SERVICE PLAN TO THE LARIMER COUNTY PLANNING COMMISSIONER FOR A RECOMMENDATION

10. UPDATE ON OFFICE ON AGING ADVISORY COUNCIL PERIODIC REVIEW: Commissioner Bender provided an update to the Board.

11. UPDATE ON BOARD OF APPEALS PERIODIC REVIEW: Chair Rennels provided an update to the Board.

12. APPOINTMENTS TO BOARDS AND COMMISSIONS: Ms. Keen requested approval to appoint Michael Millsappe to the Board of Appeals effective April 13, 1004 and expiring on June 30, 2004. And approval to appoint Lilias Jarding and Sherman Worthington to the Environmental Advisory Board for a 3-year term commencing April 13, 2004 and expiring June 30, 2007 and a 2-year term commencing April 13, 2004 and expiring June 20, 2006 respectfully.

MOTION

Commissioner Bender moved that the Board of County Commissioners approve the appoints as requested and outlined above.

Motion carried 3 - 0.

13. WORK SESSION: Mr. Lancaster stated that CCI has sent a survey regarding the Boards' opinion of a CCI Ag Steering Committee travel budget. Chair Rennels stated that it is very important for Colorado to have a representative at the table during NACo's Ag meetings, and supports no more than 2-members to attend in order to keep costs down. Consensus of the Board is 1. Yes, Larimer County believes CCI needs representation at the NACo Agriculture Committee meetings; 2. Larimer County believes that no more than 2 representative should be sent; 3. Larimer County needs additional information before determining "a fair share" necessary to establish the fund.

Mr. Lancaster reviewed plaque designs with the Board and it was determined that the plaque for the Courthouse Offices, would similar to the design of the plaque at the Loveland Courts and Police Building.

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

  1. LEGAL MATTERS: None

There being no further business, the meeting adjourned at 12:00 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