Loveland Bike Trail
 

MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

Monday, May 3, 2004

LAND USE HEARING

(#52)

The Board of County Commissioners met at 3:00 p.m. with Russ Legg, Chief Planner; Chair Rennels presided and Commissioners Bender and Gibson were present. Also present were Matt Lafferty, Sean Wheeler, Al Kadera, Claudia DeLude, and Michelle Yeager, Planning Department; Candace Phippen, Building Code Enforcement; Doug Ryan, Health Department; Roxann Hayes, Engineering Department; George Hass, County Attorney; and Gael Cookman, Deputy Clerk.

Ms. Delude requested the Board remove item #8 regarding the Waters/Lloyd Zoning Violation #02-ZV0297, as the owner is working with staff in order to bring the property into compliance.

M O T I O N

Commissioner Gibson moved that the Board of County Commissioners remove item #8, concerning the Waters/Lloyd Zoning Violation, from the agenda.

Motion carried 3-0.

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

  1. AMENDED PLAT FOR HORSETOOTH LAKE ESTATES LOTS 57 AND 58-A: NE 1/4 OF 01-06-70, APPROXIMATELY 100' SW OF THE INTERSECTION OF HOLIDAY DRIVE AND FOOTHILLS DRIVE
  2. This is a request to amend the plat of Horsetooth Lake Estates in order to combine Lots 57 and 58-A into one lot. Staff recommendation is for approval, subject to the following condition: 1. The Final Plat shall be recorded by November 3, 2004 or this approval shall be null and void. Staff recommends the Board authorize the Chair to sign the plat when presented for signature.

  3. LAKESHORE MARINA CONDOMINIUMS: NW 1/4 OF 6-6-68; LOCATED ON THE NORTHWEST CORNER OF PARKVIEW DRIVE AND SHORELINE DRIVE, ALONG THE WESTERN SIDE OF HORSETOOTH RESERVOIR

This is a request to create a total of 10 condominium units from the existing building located at 4529 Shoreline Drive. Staff findings include: 1. The proposed Lakeshore Marina Condominium Map and declarations are in compliance with the Larimer County Master Plan and Land Use Code; 2. The proposed Lakeshore Marina Condominiums is compatible with the other development in the surrounding area; 3. Approval of the Lakeshore Marina Condominiums will not result in any significant impacts to the neighboring properties, the natural environment, of the provision of services and infrastructure; 4. Property values in the surrounding area would not be adversely affected by the approval of the Lakeshore Marina Condominiums; 5. Maintenance of the buildings, parking lots, landscaping and other common areas will be the responsibility of the property owners association, pursuant to the Condominium Declaration and By-laws of the Lakeshore Marina Condominium Association. Staff recommendation is for approval and authorization for the Chair to sign the plat when presented for signature.

3. THE HILL CONSERVATION DEVELOPMENT, LOT 24, AMENDED BUILDING ENVELOPE: NW 26-08-68: NORTH OF CR #52 AND EAST OF INTERSTATE 25, AT THE END OF TIRRANNA COURT, IN THE HILL CONSERVATION DEVELOPMENT

This is a request to amend the original Plat in order to enlarge the previously approved building envelope on Lot 24, to allow for architectural options. Staff findings include: 1. The proposed amended plat complies with the Larimer County Land Use Code; 2. The proposed amended plat is compatible with other development in the surrounding area; 3. 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; 4. The amended plat will not adversely affect property values in the surrounding area. Staff recommendation is for approval subject to the following conditions: 1. The Final Amended Plat shall be consistent with the information contained in File #04-S2265 or 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 August 17, 2004, 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. Staff recommends the Board authorize the Chair to sign the plat when presented for signature.

4. WIND RIVER RANCH SPECIAL REVIEW: PORTIONS OF SECTIONS 22 & 23, TOWNSHIP 4N, RANGE 73W; LOCATED ON THE EAST SIDE OF COLORADO HIGHWAY 7 APPROXIMATELY 4 MILES SOUTH OF ESTES PARK

This is a request for a Special Review to expand a Retreat/Resort Lodge to include replacement of staff housing, expansion of the dining room, replacement the swimming pool in a new location, and a picnic pavilion. Staff recommendation: 1. Operation of the Wind River Ranch Retreat/Resort Lodge Special Review shall be as specified in the representations of the applicant and in the information contained in file #03-Z1488 unless modified by conditions of approval ; 2. The plans submitted by the applicant constitute a Site Specific Development Plan. All proposed improvements shall be constructed in strict compliance with these approved plans and shall be consistent with the information contained in the file #03-Z1488; 3. Within 6 months of this Special Review approval the applicant shall execute a Final Development Agreement for approval by the County to be recorded in addition to the Findings and Resolution of the County Commissioners. The Development Agreement shall specify details of the project including, but not limited to, completion and maintenance of all improvements and plans required to serve the project; 4. Prior to issuance of building permits for the swimming pool or dining hall the applicant shall address and resolve the technical issues found in the following referral letter a) Larimer County Health Department by Doug Ryan dated December 10, 2002; 5. The issuance of any Certificates of Occupancy for new or remodeled structures shall be contingent on completion of the new sewer system installation. Staff may issue temporary certificates based on consultation with the Department of Health and Environment that satisfactory arrangements are in place to handle sewage flows on a temporary basis provided that adequate progress is made on construction of the new sewer system; 6. All buildings identified to be removed, Site Plan buildings #26 Swamp, #27 Love Shack and #38 Bath House, shall be removed and evidence of their removal shall be submitted to the Planning Department within 6 months of this Special Review approval. Building #19 Hen House shall be modified, including all applicable building permits, into the picnic pavilion within one year of this Special Review approval; 7. Disposal areas for garbage and trash shall be constructed and maintained to discourage animals from trying to enter the areas, as outlined in the letter from Scott Hoover, Division of Wildlife, dated August 21, 2003; 8. All new exterior lighting shall be with full cut-off, down directed fixtures with a maximum of ten (10) foot-candles, to minimize off site diffusion; 9. All new structures shall be constructed of materials consistent with the character of the existing structures on the property; 10. Prior to the Public Hearing before the Board of County Commissioners this Condition #10 may be modified with the approval of the Allenspark Fire Protection District to state the following "Within 6 months of this Special Review approval the applicant shall fit the existing pond with dry hydrants compatible with Allenspark Fire Protection District equipment. The replacement pool shall include dry hydrants compatible with Allenspark Fire Protection District equipment". The applicant shall submit a letter of inspection and approval from the Allenspark Fire Protection District to the Larimer County Planning Department.; 11. All disturbed areas shall be rehabilitated and revegetated within 6 months to reduce the potential for invasive weeds and to provide wildlife habitat; 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.

5. FLETCHER MINOR RESIDENTIAL DEVELOPMENT (M.R.D.) LOT 1 AND 2 AMENDED PLAT: 11&12-05-70: LOCATED ON THE SOUTH SIDE OF US HIGHWAY 34, APPROXIMATELY 1000' WEST OF THE COUNTY ROAD 27 INTERSECTION

This is a request for an amended plat to reconfigure the boundary line between two M.R.D. parcels. Staff recommendation is for approval subject to the following conditions: 1. Prior to recording the Final Plat the applicant shall make the technical corrections required by Dale Greer, Land Surveyor of the Larimer County Engineering Department in his letter dated January 8, 2004; 2. The applicant shall obtain a private road construction permit from the Engineering Department within 30 days of the of the date of the Findings and Resolution approving the Special Review, for the purpose of improving and repairing the access road and turn around serving the lots. As part of this permit the Larimer County Environment and Access Specialist will work with the applicant to determine a scope of improvements and/or repair for the access road and turn around. The access road and turn around shall meet the requirements of the City of Loveland Fire Prevention Bureau as outlined in their letter from Romeo Gervais dated March 1, 2004. All improvements and/or repairs shall be completely constructed by October 3, 2004; 3. The Final Plat shall be revised to include a signature blocks for all lien holders of both properties; 4. The Final Plat shall be revised to include the following note: "The new lots created by this action are subject to the same restrictions, covenants and regulations as set forth in the Plat of record of Fletcher Minor Residential Development"; 5. The owner of Lot 2 shall comply with the recommendations of Michael J. Coley, P.E., Earth Engineering Company, Inc. in his report dated March 8, 2004 as follows a) The area between the garage and the slope to the west shall be graded to direct surface flow away from the slope within 5 months of this approval; b) The areas between the garage, the house and the slope to the west shall be revegetated within 5 months of this approval6. All conditions shall be met and the Final Plat recorded by November 3, 2004 or this approval shall be null and void. Staff recommends the Board authorize the Chair to sign the plat when presented for signature.

M O T I O N

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

Motion carried 3 - 0.

Ms. Phippen requested the Board remove item # 7 from the agenda as the property owner is now in compliance.

M O T I O N

Commissioner Gibson moved that the Board of County Commissioners remove item #7, concerning the Johnston Building Code Violation, from the agenda.

Motion carried 3-0.

6. TRYON BUILDING CODE VIOLATION: 6770 SW 14TH ST., LOVELAND, CO

This is a violation of United Building Code Section 109.1: No building or structure shall be used or occupied, and no change in the existing occupancy classification of a building or structure or portion thereof shall be made until the building official has issued a certificate of occupancy therefore as provided herein. Staff finding is that the occupants are living in a residence constructed inside a storage building without a certificate of occupancy and required inspection approvals. Staff recommendation is to require compliance with the Larimer County Building Code within 30 days, and authorize legal action if the deadline is not met.

Ms. Phippen noted that the property owner has applied for the building permit but has failed to call for any inspections. She explained that the structure in question was originally constructed as a barn without electricity, plumbing, or heating. Chair Rennels asked how long the Building Department has been working with the property owner. Ms. Phippen stated that they have been working with the owner for approximately a year and a half. Mr. Hass questioned the legal action that would be taken; noting that typically the property would be vacated if the deadline was not met. Ms. Phippen stated that yes, they would want the property vacated if the final inspection is not completed within 30 days.

M O T I O N

Commissioner Gibson moved that the Board of County Commissioners require owner compliance with the Larimer County Building Code within 30 days by obtaining final inspection approval from the Larimer County Building Department for the issuance of a certificate of occupancy under Building Permit 03-B1239, and authorize legal action if compliance is not met within 30 days.

Motion carried 3-0.

The hearing recessed at 3:10 p.m.

LAND USE HEARING

(#52 & 53)

The Board of County Commissioner reconvened at 6:30 p.m. with Russ Legg, Chief Planner; Chair Rennels presided and Commissioners Bender and Gibson were present. Also present were David Karan, Planning Department; Doug Ryan, Health Department; Roxann Hayes, Engineering Department; George Hass, County Attorney; and Gael Cookman, Deputy Clerk.

1. GENERAL DEVELOPMENT PLAN FOR PRAIRIE VIEW ESTATES CONSERVATION DEVELOPMENT: NW 1/4 SECTION 26, T9N, R68W OF THE 6TH PM JUST SOUTHEAST OF THE INTERSECTION OF COUNTY ROADS 5 AND 66, APPROXIMATELY 1.25 MILES NNE OF WELLINGTON

This is a request for a General Development Plan (GDP) for a conservation development (CD) to approve phasing of the project and for recommendations on four appeals. The appeals are to the following sections of the Larimer County Land Use Code (LCLUC): Section 8.1.5. - Adequate Public Facilities (APF) for road improvements (paving); Section 8.1.3 - APF for drainage improvements; Section 8.14.2.M - Roadway connectivity; Section 8.3.7.A.5. - Cluster design and residual land calculation. Staff recommendation is approval in accordance with the submitted phasing plan subject to the following conditions 1. County Road 66 shall be paved from just east of I25 to and through the intersection of County Roads 66 and 5. The paving may be delayed until after the completion of Phase 1 but must be completed prior to commencing Phase 2; 2. Roadway connectivity to the east and south will be provided; 3. The overall configuration of interim and final access must be approved by the Wellington Fire Protection District by May 5, 2004 or two weeks before a Planning Commission hearing on the Prairie View Estates Conservation Development Preliminary Plat; 4. The entire project shall be completed within three years of the recording of the Phase 1 Final Plat (see LCLUC Section 5.13.3.D); 5. Passive radon mitigation measures shall be included in the construction of all new residential structures in this development. Radon detection tests are required in all new residential structures on this site. The results of these tests shall be submitted to the Building Department once the structure is enclosed but prior to issuance of a Certificate of Occupancy. As an alternative, a builder may present a prepaid receipt from a radon tester that specifies that a test will be done within 30 days. A permanent Certificate of Occupancy can be issued when the prepaid receipt is submitted; 6. Fees specified in the Preliminary Plat approvals shall be collected at building permit for new single family dwellings. The fee amount that is current at the time building permit application shall apply. Both the Development Agreements and the Disclosure Affidavits will reference this requirement. The County Engineer's office also requires a Developmental Construction Permit, prior to commencing development construction; 7. The applicant shall provide a Disclosure Notice to be approved by the County as a part of the Final Plats, and recorded with the Final Plats. This notice shall provide notice to all future lot owners of the conditions of approval and special costs or fees associated with the approval of this project. Included but not limited in this are the issues related to rural development, the need for engineered footings and foundations, the need for passive radon mitigation, and the issues raised in the review and or related to compliance with the Larimer County Land Use Code.

Mr. Karan presented the Board with a handout from Mr. Robert Lawson regarding some concerns with the proposed development, specifically pertaining to safety issues surrounding the way the traffic is being routed and some additional concerns with the irrigation and drainage remedies. Mr. Karan stated that the major issue at hand relates to the appeal of Section 8.1.5 - the paving of County Road 66. Mr. Karan and Ms. Hayes explained that the trips-per-day on County Road 66 are already at capacity and will be exceeded if the applicant's development proposal is approved. Mr. Karan stated that there is a disagreement between the applicant and staff as to the route that would be most used by the persons within the development; he noted that staff believes there would be significant traffic heading north to County Road 66, but the applicant estimates that most of the traffic would head south on County Road 5. Commissioner Gibson asked whether or not there is a system in place that could allow for cost sharing or reimbursements to the developer for paving the road, since a paved road would benefit future developers without their having to contribute anything monetarily. Mr. Hass noted that reimbursements are something that the County tends to shy away from as they are most difficult to manage. Mr. Karan noted that the second issue at hand concerns road connectivity to the south. He explained that there should be connectivity between adjoining neighborhoods in order to lessen traffic on the county roads. Finally, Mr. Karan noted that the additional two appeal items pertaining to adequacy of drainage and residual land, and clustering and classification of largely isolated drainage areas as residual land, have been resolved.

Tom Honn, consultant for the applicant, gave some background on the project and addressed the connectivity issue. He stated that connectivity to the south is not necessary due to the fact that the project is a Conservation Development with limited lots. Mr. Honn noted that it does not make sense to bring a street through the Conservation Development since one of the major purposes of this type of project is to preserve and protect the surroundings. Mr. Honn also noted that County Road 5 is classified as a local street and is provided to carry local traffic; therefore, in their opinion the road connectivity should not be required as part of this project. Mr. Honn then introduced Matt Dellich who has been hired as a traffic consultant on behalf of the applicant. Mr. Dellich displayed some graphics as to trip counts on County Road 66, noting that the average trips-per-day on the paved portion of County Road 66 and I25 is 392. He explained that most individuals will choose the best road with the least amount of travel time as their route of choice. Mr. Dellich stated that the majority of home owners exiting from the south access of the development would turn south onto County Road 5 and then turn west onto County Road 64 in order to get to I25, since it would take them an additional 46 seconds of travel time and two left turns to travel north and utilize County Road 66.

Chair Rennels opened the hearing to public comment and Wayne Jeffrey addressed the Board with his concerns regarding the safety of County Road 5. Mr. Jeffrey stated that there is a hill on County Road 5 that hinders the visibility of children and animals and even other vehicles as travelers use this road. He noted that the safety of County Road 64 is also an issue as the traffic on County Road 64 travels far too fast and once someone turns onto this road from County Road 5 they often have someone right on their rear bumper. Mr. Jeffrey also responded to Mr. Dellich's comment that most individuals do not like making left turns. Mr. Jeffrey noted that if this is true then most individuals would use County Road 66 for their return trip since they could use right turns along this road on the way home. Mr. Jeffrey stated that in his opinion, most people will use County Road 66 and the road should be paved as a condition of the development.

Chair Rennels closed the hearing to public comment. Mr. Honn replied that both County Road 5 and County Road 64 are safe roads even with the vertical elevation changes; he reiterated that the shortest route when exiting the development will be County Road 5, to County Road 64, and in their opinion this is the route that majority of individuals will use. The applicant, Dallas Horton, addressed the Board, stating that at a minimum it will cost $300,000 to pave the road and may even cost upwards of $500,000 to complete the road work. Mr. Horton stated that he will not be financially able to accomplish this. He further noted that if he utilized the Rural Land Use process to develop this land, then he would be able to construct seven houses without having to pave the road at all. At this point there was a request from the audience to address the Board again.

M O T I O N

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

Motion carried 3-0.

Kate Jeffrey addressed the Board and explained that there are serious safety issues on County Road 5; she also wanted to know where the drainage would be diverted to with regards to the development. Ms. Hayes showed a graphic and pointed out the detention pond that would be constructed to accommodate the drainage for the development. Chair Rennels then closed public comment and moved into the discussion phase of the hearing.

Commissioner Gibson asked if the six inch pipe that was proposed to carry water for fire flow would be sufficient. Mr. Karan stated that the developer would be responsible for being in compliance with the Fire Protection District regulations. Mr. Ryan noted that the phased water taps are for residential use, and it will be up to the developer to see if the pipes will suffice for fire protection and make any necessary improvements if required. Commissioner Bender suggested that the applicant consider working with neighbors and future developers in the area to see if they would be interested in sharing the cost of paving the road. Ms. Hayes stated that they had recommended this to the applicant as there are other potential subdivision applications in the area. Mr. Honn noted that talking with the neighbors does not really work as they often can just wait until the first developer paves the road and then they can use it for free. In discussing the connectivity issue, the Board all agreed that there was no need to require connectivity to the south or east, and that County Road 5 could be used to travel between neighborhoods. The Board also agreed that it did not seem fair that the developer had to pave the road and pay for the complete cost when there will probably be additional future development in the area; however, the road would need to be paved as a condition of approval for this development. There was much discussion regarding the timeline in retaining collateral from the applicant and when completion of the road would be required. The Board stated that there needs to be in depth discussions regarding the issue of cost sharing for paving roads in projects like this, and that hopefully they can come to a resolution of how to fairly and equitably achieve the best end result for all developers so the burden does not fall solely on the developer that pushes the thresholds over the limit on certain county roads.

M O T I O N

Commissioner Bender moved that the Board of County Commissioners approve the following conditions regarding the four appeals for the Prairie View Estates General Development Plan for a Conservation Development: 1) Appeal of Section 8.1.5: Paving of County Road 66. Denial of the appeal. County Road 66 shall be paved from just east of I25 to and through the intersection of County Roads 66 and 5. The paving may be delayed until after the completion of Phase II, but building permits will not be released for Phase III until the road is constructed. Collateral must be provided before recording the Plat for Phase III. In addition, Phase II will be limited to building permits for three (3) lots. 2) Appeal of Section 8.1.1: Adequacy of drainage improvements. Approval of the appeal with the condition that the development contributes no additional flow to the overtopping of County Road 5. 3) Appeal of Section 5.7.A.5: Residual land, clustering and classification of argely isolated drainage areas as residual land. Approval of the appeal. 4) Appeal of Section 8.14.2.M: Internal circulation road connectivity: Approve the appeal of road connectivity to both the south and east, as connectivity is not necessary.

Motion carried 3-0.

M O T I O N

Commissioner Gibson moved that the Board of County Commissioners approve the Prairie View Estates General Development Plan, #03-S2187, subject to the conditions outlined by staff and as amended by the Board of County Commissioners above.

Motion carried 3-0.

The meeting adjourned at 8:45 p.m.

TUESDAY, MAY 4, 2004

ADMINISTRATIVE MATTERS

(#54 & 55)

The Board of County Commissioners met in regular session at 9:00 a.m. with County Manager Frank Lancaster; Chair Rennels presided and Commissioners Bender and Gibson were present. Also present were: Donna Hart, Commissioners Office; Major Bill Nelson, Lieutenant Tim Palmer, Sheriff's Department; Jay Hardy, Fairgrounds and Events Center; Phyllis Stoner, Human Services; Ann Lujan, Solid Waste Department; Claudia DeLude, Al Kadera, Planning Department; George Hass, County Attorney; and Gael Cookman, Deputy Clerk.

1. PUBLIC COMMENT: None.

2. APPROVAL OF THE MINUTES FOR APRIL 26, 2004:

M O T I O N

Commissioner Gibson moved that the Board of County Commissioners approve the Minutes for the week of April 26, 2004 as presented.

Motion carried 3-0.

4. REVIEW OF THE SCHEDULE FOR THE WEEK OF MAY 10, 2004: Ms. Hart reviewed the schedule with the Board.

5. CONSENT AGENDA:

M O T I O N

Commissioner Bender moved that the Board of County Commissioners approve the following items as listed on the consent agenda for May 4, 2004:

PETITIONS FOR ABATEMENT: As recommended by the County Assessor, the following petitions for abatement are approved: 541 Investments Co; Eisiminger; Water Pik, Inc.; LTC-K1, Inc.; NCIC, LLC; Zimmerman Brothers LP; Zydecos; Associated Thermoforming, Inc.; Pitner; Grob; US Bancorp EQ Finance, Inc.

05042004A001 NON-DEVELOPMENT COVENANT AND AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND DALE APLS, HAZEL ALPS, DENNIS ALPS, BRIAN ALPS, AND ERIC ALPS

05042004A002 REVEGATATION SERVICES AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND CUSTOM SERVICES OF COLORADO, INC.

05042004A003 ADDENDUM TO AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND SEAR-BROWN GROUP, INC., FOR CIVIL ENGINEERING DESIGN AND/OR DRAFTING

05042004R001 RESOLUTION TO SET A HEARING DATE FOR CONSIDERATION OF THE ESTES PARK FIRE PROTECTION DISTRICT

05042004R002 RESOLUTION ESTABLISHING COMPENSATION FOR DISTRICT ATTORNEY APPOINTED OFFICIALS

05042004R003 RESOLUTION ORDERING A PUBLIC HEARING TO CONSIDER PETITIONS FOR LARIMER COUNTY WRANGLER MEADOWS PUBLIC IMPROVEMENT DISTRICT NUMBER 26

05042004R004 RESOLUTION ORDERING A PUBLIC HEARING TO CONSIDER PETITIONS FOR LARIMER COUTY TROTWOOD PUBLIC IMPROVEMENT DISTRICT NUMBER 28

05042004R005 RESOLUTION REGARDING RELEASE OR WARRANTY COLLATERAL FOR LANDSCAPING IMPROVEMENTS FOR COEUR D'ALENE ESTATES PLANNED UNIT DEVELOPMENT

LIQUOR LICENSES: Approval and issuance was granted to the following establishments: La Chaumiere - Hotel and Restaurant - Lyons, CO; Zippy's Liquor - Retail Liquor Store - Fort Collins, CO; Jackson's #313 - 3.2% - Fort Collins, CO; JJ's Lounge - Tavern - Fort Collins, CO; and JJ's Country Corner - 3.2% - Fort Collins, CO.

Motion carried 3-0.

5. WORKSESSION: Mr. Lancaster asked for clarification from the Board regarding the comments from Environmental Advisory Board (EAB) regarding the recommendations for management practices for habitate protection for the Canada lynx. Commissioner Bender informed Mr. Lancaster that the Board has already sent a letter of comment, incorporating the comments raised by the EAB in their memo.

Mr. Lancaster requested permission from the Board to implement the Zobius Organizational and Leadership survey county wide, as the results that have been received thus far by the elected officials, department heads, and managers have proven to be very insightful to both the county's strengths and weaknesses. Mr. Lancaster stated that it would require an additional $5000 to implement this survey countywide, and requested that this money be appropriated from the Commissioner's Special Projects Fund.

M O T I O N

Commissioner Gibson moved that the Board of County Commissioners approve the expenditure of $5000 from the Special Projects Fund in order to implement the Zobius Organization and Leadership survey countywide.

Motion carried 3-0.

6. SECURITY SERGEANT FOR FAIRGOUNDS AND EVENTS CENTER: Major Nelson requested the Board approve the addition of a full time employee (FTE), Sheriff's Deputy at the rank of Sergeant, to supplement and assist in security efforts at the Fairgrounds and Event Center, and to also provide support in the review, planning, and approving of Special Event permit applications. Major Nelson stated that this position is necessary if the Board wishes to continue to offer Special Event Permits in Larimer County, as Lieutenant Palmer, who is the present security manger at the Fairgrounds, is overworked and the position he is assigned to is understaffed. Major Nelson stated that the position would cost $125,059.22 to staff and requested that the operating expenses be split equally between the Fairgrounds and Event Center and the General Fund. Commissioner Gibson asked why the Fairgrounds and Event Center would not be funding the entire cost of the position. Major Nelson replied that the position would only be supplementing the security staff at the Fairgrounds and Event Center during the busiest months of the fall, winter, and spring, when sporting teams and other events demand an increase in security; otherwise, the position would be working on the Special Event process on behalf of Larimer County. Some discussion ensued regarding Special Events and whether or not fees should be increased to help offset the real cost to Larimer County in allowing the public to host such events.

M O T I O N

Commissioner Bender moved that the Board of County Commissioners approve a second full time employee at the rank of Sergeant to work Security at the Fairgrounds and Event Center.

Motion carried 3-0.

7. PROCLAIM THE MONTH OF MAY AS FOSTER AND KINSHIP CARE MONTH: Ms. Stoner introduced Jan Elshof, Angela Monarrez, Lisa Beth Paradise, Jeff Coleman and their children and foster children as families who are currently participating in the Foster and Kinship Care program. The families shared their experiences with the Board, and the Board thanked them for their service to Larimer County. Commissioner Gibson then read the proclamation aloud.

M O T I O N

Commissioner Gibson moved that the Board of County Commissioners proclaim the month of May as Foster and Kinship Care Month.

Motion carried 3-0.

8. WAIVER OF HUMAN RESOURCES POLICY - STARTING PAY RATES CHAPTER 5, 331.5B: Ms. Lujan explained that the Solid Waste Department has been approved to fill a 3/4 time Landfill Gatehouse Attendant Regular position with an employee that has been a temporary gatehouse attendant for the last four years. Ms. Lujan noted that this employee, Donna Climer, has received regular pay raises during the last four years; therefore, her current wage is above the allowable 12.5% starting wage for the position. Ms. Lujan stated that Ms. Climer has extensive experience, knowledge and proficiency in the position and requested the Board waive the Human Resources policy regarding staring pay rates so that Ms.Climer can retain her current salary.

M O T I O N

Commissioner Bender moved that the Board of County Commissioners approve waiving the hiring 12.5% limit to hire Donna Climer at her current rate of pay.

Motion carried 3-0.

9. WORKSESSION (Continued): Mr. Lancaster requested guidance from the Board regarding the Citizen Criminal Justice Advisory Board; specifically whether or not they wanted to put some criteria in place for adding members to this panel since he has received requests from two people wishing to be appointed. The Board stated that they wanted to maintain a good balance of representation without exceeding a 12 - 13 member panel. The Board stated they would not be adding members at this time; however, individuals are welcome to attend meeting as spectators.

Mr. Lancaster informed the Board that there is a desire to have more of the Board's meetings broadcasted so that county employees could be better informed as to what the Board, and the County as a whole, is involved in. The Board had no objections to broadcasting more of their meetings and worksessions.

Mr. Lancaster then presented the Board with a Confidential Agreement and Release regarding Mr. Ralph Jacobs, which requires public approval and signature of the Chair; however, the document itself is of a confidential personnel matter.

M O T I O N

Commissioner Gibson moved that the Board of County Commissioners approve the Confidential Agreement and Release and authorize the Chair's signature.

Motion carried 3-0.

10. LEGAL MATTERS: Ms. Delude and Mr. Kadera explained that there is a "Catholic Girls School Poker Run" scheduled to take place near Timnath, June 11 - 12 and the Planning Department has been working with the event organizer who wants to ensure the event is legal to have in Larimer County. Mr. Lancaster noted that this is a motorcycle poker run that has nothing to do with the Catholic Church or any charitable organization. Mr. Kadera stated that they have received a lot of phone calls from the public asking if the County can prevent this poker run from taking place. Some discussion took place regarding what the County can and can not do. Mr. Hass stated that the Board could try to get a court order to prevent the event from ever taking place, or they could work with the event organizer with regards to the noise, food, health and safety issues, but in any case it will be a zoning violation that the Board could prosecute if they chose to do so. The Board asked Ms. Delude to let the property owner who will be hosting this event know that they may end up in court if they allow the event to take place on their property.

The meeting adjourned at 11:15, with no further action taken.

___________________________________

KATHAY RENNELS, CHAIR

BOARD OF COMMISSIONERS

SCOTT DOYLE

CLERK AND RECORDER

(S E A L)

A T T E S T

___________________________________

Gael M. Cookman, Deputy County Clerk

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