MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

Monday, April 19, 2004

LAND USE HEARING

(#43, 44, 45)

The Board of County Commissioners met with Rob Helmick, Senior Planner; Chair Rennels presided and Commissioners Bender and Gibson were present. Also present were Traci Downs, Jerry White, Charlie Johnson, Roxann Hayes, and Mark Peterson, Engineering Department; Geniphyr Ponce-Pore, Karin Knauf, and Matt Lafferty, Planning Department; Jim Reidhead, Rural Land Use Center; Candace Phippen, Building Code Enforcement; Jeannine Haag, Assistant County Attorney; and Jean O'Connor, Clerk to the Board.

Mr. Helmick stated that the applicants are requesting the following two items be tabled to May 17, 2004 at 3:00 p.m.

1. LARIMER TERMINALS AMENDED PLAT OF LOTS 10A, 1 & 10 BLOCK 3 AND LOTS 1-3 BLOCK, AND IVY ROAD AND KENWOOD LAND RIGHT-OF WAY VACATION

  1. PARK HILL SUBDIVISION LOTS 1 - 3 AMENDED PLAT

MOTION

Commissioner Gibson moved that the Board of County Commissioners table items 1 & 2 to May 17, 2004 at 3:00 p.m. as requested by the applicants.

Motion carried 3 - 0.

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

3. COUNTY ROAD 19 (NORTH TAFT HILL ROAD) VACATION OF RIGHT-OF-WAY: SW 1/4 34-8-69; SOUTHEAST CORNER OF THE INTERSECTION OF POUDRE RIVER AND NORTH TAFT HILL ROAD

This is a request to vacate .116 acres of Right-of-Way on North Taft Hill Road. Staff findings are 1. The vacation of the right-of-way will not affect or diminish the ability of Larimer County to provide safe public access or to plan for future road improvements; 2. The vacation will not leave any adjoining property without an established access; 3. Public notice has been given to all utility companies which might utilize the public right-of-way for installation of utilities, and no objections were stated to the vacation; 4. All requirements of CRS 43-2-303 have been met; 5. There is an existing structure on the subject property; 6. Lafarge Company, which would benefit from the vacation of the right-of-way, donated other right-of-way which allowed the bridge and road improvements to be completed. Staff recommendation is approval of the vacation of .116 acre of public right-of-way as proposed.

4. RIGHT-OF-WAY VACATION: T9N-R68W SECTION 32: NE/4 NE/4

This is a request for vacation of old alignment of County Road 64. Staff findings are: 1. No objections have been received from affected property owners, utility providers, or interested public agencies; 2. Notices have been sent to all utilities within the proposed vacated right-of-way-of-way; 3. There are existing utilities within the proposed vacated lands. Therefore, a utility easement will remain in place; 4. The vacation of right-of-way will not leave any adjoining property owners without an established access; 5. Larimer County will retain the easterly 20' of right-of-way being vacated. This 20' of additional right-of-way would create a half right-of-way of 50' that is consistent with the amount of right-of-way required based on the road classification of County Road 9. Additionally, within the easterly 20' being retained, a federal benchmark exists that is used for surveying purposes; 6. All requirements of CRS 43-2-303 have been met. Staff recommendation is Approval of the request to vacate the old alignment of CR64 within T9N-R68W, Section 32: NE/4 NE/4, as shown in the official file.

5. AMENDED PLAT OF LOT 18, BLOCK 18, & LOTS 2A, 2B, 3A, & 3B OF BLOCK 19, RAMONA HEIGHTS: SE 1/4 28-10-73, MORE SPECIFICALLY, 50' SE OF THE INTERSECTION OF FOX ACRES DRIVE AND PIPSISSEWA LANE

This is a request to amend the plat of Lots 2A, 2B and 3A, Block Lot 18, Block 18, Ramona Heights Subdivision. Staff recommendation is approval subject to the following conditions and authorize the Chair to sign the plat when presented for signature: 1. The Final Plat shall be recorded by October 5, 2004 or this approval shall be null and void; 2. Prior to recordation, minor technical corrections, per Dale Greer of Larimer County Engineering, shall be made to the plat.

6. CEDAR PARK 2ND FILING LOTS 17 & 24 AMENDED PLAT: 34-06-71: LOCATED ON THE NORTH SIDE OF SNOW TOP DRIVE, CEDAR PARK 2ND FILING

This is a request to amended plat to consolidate Lots 17 & 24 into one lot. Staff recommendation is approval of the Amended Plat of Lots 17 & 24, Cedar Park 2nd Filing (file #04-S2262) to be known as Lot 17A subject to the following conditions 1. All conditions shall be met and the final executed deed and resolution of the County Commissioners recorded by October 19, 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. PERRINE SUBDIVISION: SW 1/4 OF SECTION 36; TOWNSHIP 4 NORTH; RANGE 68 WEST - LOCATED ON THE EAST SIDE OF COUNTY ROAD 15, APPROXIMATELY 1/4 MILE SOUTH OF COUNTY ROAD 2E

This is a request for Preliminary Plat approval for the Perrine Subdivision to subdivide 10 acres into 2 single-family residential lots. The property is currently occupied by two residential dwelling units. Staff recommendation is approval subject to the following conditions 1. The applicant shall prepare for recordation with the final plat a maintenance agreement for the access drive serving the two properties; 2. Prior to the recordation of the Final Plat for the Perrine Subdivision the applicant shall demonstrate that the locations of the existing septic systems are at least 10 feet or grater from any existing or proposed property lines; 3. Within six months of the recordation of a Final Plat for the Perrine Subdivision, the property owner shall eliminate the existing driveway from County Road 15 located at middle of the western property line.

MOTION

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

Motion carried 3 - 0.

This item was tabled March 23, 2004:

8. CARRIAGE HILLS AMENDED PLAT AND RIGHT-OF-WAY VACATION: THE SITE IS LOCATED AT 1031 FAWN COURT, WITHIN THE UNINCORPORATED ESTES VALLEY

This is a request to combine twelve lots of record into a single lot of record, and vacate the unimproved right-of-way for Driftwood Lane. Staff recommendation is approval with the following conditions 1. Reformat plat for recording (remove improvements); 2. Change dedication statement to "dedicate" rather than "reserve" utility easements; 3. Remove references to building setbacks; 4. A 20-foot trail easement shall be dedicated along the eastern property line.

Mr. Shirk briefed the Board on the application and stated that the 20-foot trail easement is a reasonable condition since the applicant is requesting to vacate Driftwood Lane.

Chair Rennels questioned whether the Board could require the applicant to dedicate the trail easement. Ms. Haag stated that the appropriate nexus is not present to support the requirement of an easement on the entire eastside of the property.

Ms. Judith Bassow, the property owner, stated that the request is for an amended plat in order to vacate a previously approved subdivision. Ms. Bassow stated that she and her husband have placed their property in a conservation easement with the Estes Valley Land Trust in order to preserve the land from development and staff has no right to require them to dedicate a 20-foot trail easement. The conservation easement is written in such a way that she would have to request that the Land Trust allow the easement and she has no intention of doing any such thing, since she does not want a trail easement on her property.

Mr. Lonnie Sheldon, Van Horn Engineering, stated that the Town has requested the Land Trust vacate the Driftwood Lane right-of-way and noted that if the trail were located on the east side of Fish Creek Road there would be less of an environment impact. Mr. Sheldon provided pictures showing the trail easement would be at residents from doors and immediately adjacent to Fish Creek. Mr. Sheldon also provided a map showing the Town of Estes Park Trail System, which has the trail located on the east side of Fish Creek Road and requested that the condition of approval be removed.

Commissioner Gibson asked if Driftwood Lane could be used as a "rest-stop" area along the trail and Mr. Sheldon replied in the affirmative, but that the owners have no intention of asking the Land Trust to amend the conservation easement to allow the trail. Ms. Haag stated that wording on the plat regarding the right-of-way needs to be reviewed. Much discussion ensued regarding the easement and how the Land Trust feels about it.

Mr. Shirk stated that there are two issues, 1. The amended plat to combine the lots, and 2. The vacation of the right-of-way. Chair Rennels stated that the wording on the plat regarding the right-of-way needs to be reviewed and suggested the applicant go get a copy of it and the Board would conclude discussions when they come back.

9. ELLIS RANCH R.L.U.P. APPEAL TO ENGINEERING RECOMMENDATIONS AND THE APPENDIX G (DESIGN & CONSTRUCTION STANDARDS FOR PRIVATE LOCAL ACCESS ROADS) STANDARDS: SECTIONS 2, 3, 10 AND 11, TOWNSHIP 5 NORTH, RANGE 70 WEST; GENERALLY LOCATED 4 1/2 MILES WEST OF LOVELAND ON THE NORTH SIDE OF HIGHWAY 34, ON THE WEST SIDE OF COUNTY ROAD 29.

This is a request for an appeal to Appendix G standards that requires irrigation ditch crossing guardrails to be in accordance with Colorado Department of Transportation (CDOT) standards on the Ellis Ranch R.L.U.P. 01-S1778. Staff finding is that although, in this instance, the variance will not be granted in writing by the County Engineer, RLUC staff believes this request is consistent with the Appendix G appeals/variance process. Staff recommendation is approval to the alternative ditch crossing structural guardrail design for the Ellis Ranch R.L.U.P. prepared by Mr. Dennis Messner, P.E., that is designed to standards other than the Colorado Department of Transportation (CDOT) standards for guardrails for public roads and that the applicant be allowed to proceed to final approval based on the sufficiency of the documentation that has already been provided. This will require minor changes in the Development Agreement and Disclosure Statement, which will be reviewed and approved by the County Attorney. Once these minor changes are made and the documents signed, this project would proceed to Final Approval and recording.

Mr. Reidhead briefed the Board on the application and stated that the preliminary plat with 14 Lots has been approved, but the applicant has reduced the number of Lots down to 8 due to topographical constraints. The internal road is private and would serve only the 8 residents and therefore the applicant has requested an appeal of Appendix G for the design of the culvert crossings over the Handy Ditch and the Home Supply Ditch. Mr. Reidhead stated that the proposed design complies with the variance requirements contained in Appendix G.

Mr. Dennis Messner, engineer for the project, explained the differences in the designs and that the road is considered a private roadway with limited access and reduced speeds.

Commissioner Bender asked if the road is private or public and Mr. Reidhead stated that since the number of lots has been reduced, staff is requesting direction to change the condition of approval, which requires internal roads to be dedicated and conveyed for public use. Mr. Reidhead stated that the condition could be changed prior to approval of the final plat.

Chair Rennels noted that there is no public present to comment on this item.

Chair Rennels stated that if the road is public, then she supports CDOT design but if it is private, she could support the alternate design. Mr. John Mathey, the project manager, stated that, since the number of units has been reduced, the intent is for the road to be private, but that too much is at stake to go through yet another process.

Mr. Helmick stated that a change of condition was not included in the advertised notice for this hearing.

Commissioner Bender stated that since the condition can not be changed, he would make a motion.

MOTION

Commissioner Bender moved that the Board of County Commissioners deny the Ellis Rural Land Plan appeal to Appendix G.

Motion carried 3 - 0.

10. DRY CREEK STORAGE AMENDED SPECIAL REVIEW: E 1/2 OF SECTION 35; TOWNSHIP 8 NORTH; RANGE 69 WEST - LOCATED ON THE SOUTH SIDE OF HIGHWAY 287, APPROXIMATELY 1/4 MILE WEST OF HIGHWAY 1

This is a request to amend the Dry Creek Storage P.U.D. Special Review to include the storage of tractor-trailers to the allowed storage uses of for the property. Staff recommendation is 1. Development of the site shall be completed in strict conformance with the representations, plans and documents found in the Dry Creek Storage PUD Amended Special Review File (03-Z1489), including all conditions of previous approvals for the property; 2. Prior to the commencement of the Dry Creek Storage use, the applicant shall enter into a Development Agreement setting forth timing of construction, construction requirements, and use restrictions for the anticipated storage use; 3. Roadway and access improvements necessary for this property shall receive final review and approval by the Development Services Team and the Colorado Department of Transportation prior to the commencement of any storage activity on the site. Said improvements shall be installed in accordance with an approved Development Agreement; 4. Prior to the recordation of the Development Agreement the applicant shall obtain an access permit from the Colorado Department of Transportation for the access from Highway 287; 5. Drainage, erosion control and storm water quality improvements necessary for this property shall receive final review and approval by the Development Services Team prior to the commencement of any storage activity on the site. Said improvements shall be installed in accordance with an approved Development Agreement; 6. The hours of operation of the Dry Creek Storage use shall be 7 am - 6 pm Monday through Friday, and 10 am - 5:30 pm on Saturday; Administrative work only on Sunday. These hours of operation shall be memorialized in a Development Agreement for this use; 7. Prior to the recordation of a Development Agreement for the use, the applicant shall provide written documentation, to the satisfaction of the Development Services Team, regarding safety measures to be utilized as part of this use and the storage of potentially hazardous materials; 8. All public parking, service areas, and fire lanes necessary for the operation of this site shall be constructed of a paved or concrete surface, no compacted road base as a final surface shall be permitted in these areas of the site; 9. The wood screen fencing identified on the proposed plans shall be maintained and shall not be phased and shall be constructed within 90 days (July 18, 2004) from the date of the Board of County Commissioners hearing; 10. The access road serving the property shall be constructed within 90 days (July 18, 2004) from the date of the Board of County Commissioner Approval; 11. The applicant shall not store more than 150 semi-trailers on the property until the screen fence, access road and Phase 1 improvements are complete.

Mr. Lafferty briefed the Board on the application and noted that the applicant pre-maturely placed semi-trailers on the site and adjacent to the horse training facility, which has caused concern. Mr. Lafferty clarified that the applicant will be required to install a six-foot fence, a burm and landscaping prior to final approval. Another adjacent property owner has also requested fencing at his property line be extended another 100-feet.

Mr. Rick Hattman, representative for the applicant, stated that all setbacks have been increased since original approval and that a portion of the storage are has been decreased in order to allow more landscaping around the office and provide a more "home-like" aesthetic. Mr. Hattman further noted that the applicant is in agreement with all conditions of approval. Chair Rennels asked if the applicant would extend the fence 100-feet as requested by an adjacent property owner and Mr. Hattman stated that the applicant agrees to fence areas not already screened. Commissioner Bender asked if the applicant is in agreement with additional setbacks and Mr. Hattman replied in the affirmative.

Ms. Anatie Sterig, property owner, apologized for "putting the horse before the cart" and that she has spoken with neighbors. Ms. Sterig stated that she has requested bids for fencing and road improvements, but was told the road is owned by someone, so she is not sure she can improve it. Chair Rennels asked for clarification of who owns the road. Mr. Lafferty stated that during the original approval, the road was referred to as an existing right-of-way and was constructed to meet urban standards.

At this time the hearing was opened to the public and Mr. Don Creager, adjacent property owner, expressed concerns with the following: 1. A landscape plan is to be submitted and approved prior to a certificate of occupancy being issued; 2. Buffering, burming and screening; 3. Trees should be conifers to maintain a year-round screen; 4. Specified location for trailer storage; and 5. No storage of heavy equipment in Phase III.

Mr. Clife Taylor stated the access easement goes to his property and that he opposes the storage of semi-trailers and the affect they would have on home values, damage to the road, and flooding and the potential consequences with empty trailers. Mr. Taylor stated that if the amendment is approved, a minimum height for screening should be 8 to 9 feet; the access off Highway 287 should be leveled off; and asphalt should be required not recycled asphalt. Mr. Taylor also noted that access to his residence is at a blind corner and suggested a mirror be installed for safety reasons.

Mr. Dwane Leach, property owner to the west of Dry Creek, stated that he can currently see the semis and prefers them to abandoned run down mobile homes. Mr. Leach stated that he is OK with the proposal.

Mr. Bernie Roland noted that there is no deeded right-of-way and that if the Board would table this item, Stewart Title has agreed to do the research. Past use of the parcel was for boat and RV storage, Mr. Roland continued, and the addition of semis is a dramatic change, which will impact adjacent properties. Mr. Roland also expressed concern with potential storage of hazardous materials without a prevention policy or indemnity clause for area residents.

There being no further comment, the hearing was closed for public comment.

Ms. Sterig stated that she has no objection to road improvements if it is determined to be her responsibility and that she would also improve the culvert at Hwy. 287. Ms. Sterig also noted that Ms. McWilliams, with the Department of Transportation has agreed to recycled asphalt. Ms. Sterig further noted that the trailers are only temporarily stored on Phases III so required improvements can be made to Phases I and II. Chair Rennels asked if the applicant is willing to maintain the fence as a condition of approval and Ms. Sterig concurred.

Commissioner Bender expressed concern that the trailers are not inspected for hazardous materials.

MOTION

Commissioner Gibson moved that the Board of County Commissioners re-open public comment.

Motion carried 3 - 0.

Mr. Roland stated that access was intended for residential use. Hours of operation are also of concern, and Mr. Roland asked if there would be any Sunday hours and limited Saturday hours. Ms. Sterig stated that her driver will not work on Sunday and has only worked 2 Saturdays since he came to work for her. The only vehicles coming and going on Sunday, will be boats and RVs.

Mr. Helmick clarified that the only item before the Board is the additional storage of semi trailers. Much discussion ensued regarding the original approval in 1986 and the recommendation before the Board today. Chair Rennels suggested the hours of operation for semi storage (only) be Monday through Friday 7:00 a.m. - 6:00 p.m. and Saturday 10:00 a.m. - 5:30 p.m.

Ms. Downs clarified comments from Engineering staff and that she has been assured that the recommendations included in her letter dated January 14, 2004 would be addressed.

MOTION

Commissioner Gibson moved that the Board of County Commissioners approve the Dry Creek Storage PUD Amended Special Review as presented and with modified hours of operation regarding semi storage only and fence maintainance.

Motion carried 3 - 0.

9. Continuation of the Carriage Hills AP and ROW Vacation: Mr. Sheldon stated that the plat note specifically specifies "..Lots, streets,..." and does not mention "public ways". Mr. Sheldon requested the Board approve the amended plat and the applicant has asked that consideration of the ROW vacation be withdrawn.

The following citizens, Mr. Mike Benard, Ed Kitchen and Lois Kitchen, stated that the trail should not be on the Bassow property for the following reasons: encroachment on Fish Creek and the trail would literally be at their front door.

There being no further comment, the hearing was closed for public comment.

MOTION

Commissioner Bender moved that the Board of County Commissioners approve the amended plat of Lots 4, 5, 28 - 36, and 97, Block 10 of Carriage Hills 4th Filing with conditions 1, 2 & 3 as proposed by staff

11. O'CONNOR BUILDING CODE VIOLATION: 1900 SCR 7, LOVELAND

MOTION

Commissioner Gibson moved that the Board of County Commissioners table the O'Connor Building Violation to May 10, 2004 at 3:00 p.m.

Motion carried 3 - 0.

There being no further business, the hearing adjourned at 6:20 p.m.

TUESDAY, APRIL 20, 2004

ADMINISTRATIVE MATTERS

(#46)

The Board of County Commissioners met with Frank Lancaster, County Manager; Chair Rennels presided and Commissioners Bender and Gibson were present. Also present were Linda Connors and Jeannine Haag, Assistant County Attorneys; Dave Spencer, Facilities Director; Kathy Snell, Health and Human Services Director; Gary Buffington, Director of Parks and Open Lands; Doug Ryan, Health and Environment; Jerry White and Dale Miller, Road and Bridge; Claudia DeLude, Planning Department; Candace Phippen, Building Code Enforcement; Donna Hart and Deni La Rue, Commissioners' Office; and Jean O'Connor, Clerk to the Board.

  1. PUBLIC COMMENT:

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

MOTION

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

Motion carried 3 - 0.

3. REVIEW OF THE SCHEDULE FOR THE WEEK OF APRIL 26, 2004: Ms. Hart reviewed the schedule with the Board.

4. CONSENT AGENDA:

MOTION

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

04202004A001 WARRANTY MEMORANDUM BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND LARRY L AND MICHAEL L CARLSON FOR CARLSON SUBDIVISION

04202004A002 AMENDMENT #1 TO THE WORK INCENTIVE GRANT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND COLORADO DEPARTMENT OF LOCAL AFFAIRS FOR USE AND BENEFIT OF THE LARIMER COUNTY WORKFORCE CENTER

04202004A003 AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THISSEN CONSTRUCTION CORPORATION FOR FOSSIL CREEK RESERVOIR OPEN SPACE PROJECT

04202004A004 SECOND ADDENDUM TO THE DEVELOPMENT AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND JAKE KAUFFMAN & SON, INC AND NATURE ESTATES HOMEOWNERS ASSOCIATION

MISCELLANEOUS: Personnel authorization request for a Workforce Center Office Assistant; Department of Human Services payments for March 2004.

LIQUOR LICENSES: The following licenses were both approved and issued Aspen Lodge- Hotel and Restaurant with Optional Premise- Estes Park, CO; Diamond Shamrock- 3.2%- Loveland, CO. The following license was issued Inlet Bay Marina- 3.2%- Fort Collins, CO.

Motion carried 3 - 0.

5. DIRECTION CONCERNING THE LEASE OF LAND ON BLUE SPRUCE TO UNITED WAY: Ms. Snell requested Board direction regarding a lease of County land at Blue Spruce to United Way for use by the Salvation Army for a Homeless Day Shelter. Mr. Gordon Thibedeau, United Way representative, stated that homelessness is a symptom of a cause that needs assistance to achieve a better life through job training, mental health and substance abuse counseling. Mr. Spencer stated that the County parcel, heretofore, has not been developed because the City of Greeley has a waterline diagonally through the property and that the lot size limits the building size to 10,000 sq.ft. Ms. Connors stated that Larimer County would lease the land to the United Way and they would actually build the building.

MOTION

Commissioner Bender moved that the Board of County Commissioners approve the preparation of documents necessary to lease County land on Blue Spruce to United Way.

Motion carried 2 - 0; Chair Rennels abstained due to a perceived conflict of interest since she sits as the Countywide Chair for United Way.

6. FEE SCHEDULE FOR DAY USE PARK AREAS AT HORSETOOTH RESERVOIR: Mr. Buffington briefed the Board on the proposed fee structure and stated that citizens suggested many alternatives to fees, but they fell short of covering the cost to manage the areas. Mr. Buffington proposed the current park fee structure also be applied to Rotary, Sunrise and Skyline Parks with 30-minutes free parking. Chair Rennels stated that she has received a few emails regarding free parking and that 30-minutes is not adequate. Commissioner Bender suggested one-hour and Commissioner Gibson stated that the park system should be self-sustaining and supports the proposal as presented.

MOTION

Commissioner Gibson moved that the Board of County Commissioners approve the Department of Parks and Open Lands current fee structure to the 3 day use areas on the eastside of Horsetooth Reservoir County Park including Rotary, Sunrise and Skyline Parks.

Motion carried 3 - 0.

7. UPDATE ON OZONE EARLY ACTION COMPACT ISSUES: Mr. Ryan provided the Board with an update of compact issues and requested a letter from the Chair outlining criteria for evaluating the inspection/maintenance program and send it to the Air Pollution Control Division. Mr. Ryan also stated that the EPA has accepted the boundary proposed by staff for the Federal enforcement area.

MOTION

Commissioner Bender moved that the Board of County Commissioners approve and authorize the Chair to sign a letter to the Air Pollution Control Division outlining criteria for evaluating the inspection/maintenance program.

Motion carried 3 - 0.

8. EXECUTIVE SESSION (#47)

MOTION

Commissioner Gibson moved that the Board of County Commissioners go into executive session at 10:30 a.m. and cited24-6-402 (4)(a) C.R.S.

Motion carried 3 - 0.

Executive session ended at 10:40 a.m., no action was taken.

9. WORK SESSION: Mr. Lancaster requested clarification regarding the period of time for which parking would be free at the parks on the eastside of Horsetooth Reservoir.

MOTION

Commissioner Bender moved that the Board of County Commissioners approve free parking for 45-minutes at Rotary, Sunrise, and Skyline Parks.

Motion carried 2 - 1; with Commissioner Gibson dissenting.

Mr. Lancaster informed the Board that the Citizen Criminal Advocacy Committee has their first meeting on Thursday and a suggestion was to invite a CSU Psychology Professor to participate. The Board agreed with the idea.

Chair Rennels stated that during a recent meeting, discussion ensued regarding helmets and riding horses and that in 2005, the Extension office will require helmets in the 4-H riding program. Chair Rennels requested a letter from the Board supporting the decision to require helmets. Commissioner Gibson stated that he could not support a letter because government should not get involved in such a matter.

MOTION

Commissioner Bender moved that the Board of County Commissioners provide a letter of support to Cooperative Extension to require helmets in the 4-H Riding Program.

Motion carried 2 - 1 with Commissioner Gibson dissenting.

Commissioner Rennels noted that the County has received some Emergency Fire Funds effective March 31, 2004 at 0600 for the Picnic Rock fire.

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

11. LEGAL MATTERS: Ms. Phippen stated that she had spoken with Elizabeth Gloeggler regarding zoning and building code violations and believes Ms. Gloeggler totally understood the options presented to the family during the public hearings. Ms. Phippen stated that a notice of order to comply has been posted at the site. Chair Rennels suggested a follow-up letter reiterating the conversation and the notice of order to comply be sent in both English and German.

Ms. Phippen informed the Board that Victory Paintball had applied for a change of occupancy permit with Planning for a Youth Activity Center. As a requirement, the Center was to hook-up to Loveland City sewer. The Building Department has revoked that permit because of non-compliance but legal action may be necessary to enforce the revocation. Ms. DeLude stated that the establishment has also been cited with a violation for no site plan review.

The Board suggested a public hearing be scheduled in an attempt to get the property owners side of the story.

There being no further business, the meeting was adjourned at 11:25.

LANDFILL RATE INCREASE

(#48)

The Board of County Commissioners met with Stephen Gillette, Natural Resources Director; Chair Rennels presided and Commissioner Bender was present. Also present was Jean O'Connor, Clerk to the Board.

Mr. Gillette stated that staff is proposing to change the rate charged for tires because Larimer County currently charges the least and as a result, has already received 9962 tires to date this year. The entire year last year, Mr. Gillette continued, the landfill received 6565 tires. Mr. Gillette stated that rates are not really going up, staff is proposing to take away volume discounts effective May 1, 2004.

Chair Rennels noted that there is no public present to comment on this item.

MOTION

Commissioner Bender moved that the Board of County Commissioners approve the rates for tires at the landfill as proposed.

Motion carried 2 - 0.

There being no further business, the hearing adjourned at 2:35 p.m.

Representatives from GSI Sanitation addressed the Board with concerns regarding the life of the County Landfill and rates.

________________________________

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