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MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

Monday, May 17, 2004

LAND USE HEARING

(#58)

The Board of County Commissioners met with Rob Helmick, Senior Planner; Chair Rennels presided and Commissioner Bender was present. Also present were Dave Shirk, Estes Park Planning Department; David Karan and Claudia DeLude, Planning Department; Doug Ryan, Health Department; Traci Downs, Engineering Department; Jeannine Haag, Assistant County Attorney; and Jean O'Connor, Clerk to the Board.

Chair Rennels stated that staff has requested that the first item, Idlewilde by the River Preliminary Condominium Map, be tabled to June 21, 2004 at 3:00 p.m.

MOTION

Commissioner Bender moved that the Board of County Commissioners table the Idlewilde by the River Preliminary Condominium Map to June 21, 2004 at 3:00 p.m.

Motion carried 2 - 0.

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

  1. PARK HILL AMENDED PLAT: THE SITE IS LOCATED AT INTERSECTION OF MALL ROAD AND JOEL ESTES DRIVE, WITHIN THE UNINCORPORATED ESTES VALLEY

This is a request to amend a plat to reflect right-of-way vacations that occurred with the Mall Road improvements in 1999 & 2000. Staff recommendation is approval with the following conditions 1. The dedication statement shall be changed to dedicate rather than reserve perpetual easements; 2. Compliance with memo from the Department of Energy dated February 9, 2004.

3. LARIMER TERMINALS AMENDED PLAT: THE SITE IS LOCATED AT EAST SIDE OF THE INTERSECTION OF ELM ROAD AND KENWOOD LANE, WITHIN UNINCORPORATED ESTES PARK

This is a request to amend four lots and vacate a portion of Ivy Lane right-of-way (unimproved) and realign right-of-way for Kenwood Lane. Staff recommendation is approval.

4. CRYSTAL LAKES 14TH FILING LOTS 46 & 47 AMENDED PLAT: 30-10-75: LOCATED APPROXIMATELY 700' SOUTH OF THE INTERSECTION OF TESUQUE TRAIL AND SOCCANO TRAIL

This is a request for an Amended Plat to consolidate Lots 46 & 47, Crystal Lakes 14th Filing into one lot. Staff recommendation is approval with the following conditions and authorize the Chair to sign the plat when presented for signature 1. All conditions shall be met and the final executed deed and resolution of the County Commissioners recorded by October 17, 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.

5. SHYANNE APPEAL OF THE SECTION 8.1.1.B.2.A: NE 1/4 OF SECTION 31 TOWNSHIP 6 N, RANGE 68 W OF SIXTH PRINCIPLE MERIDIAN BETWEEN HORSESHOE AND BOYD LAKES JUST WEST OF COUNTY ROAD 11C

This is a request for an appeal of the Section 8.1.1.B.2.A requirement to connect to public sewer when dividing a parcel that is located within an adopted Growth Management Area. Staff recommendation is approval.

6. MEADOWDALE HILLS SUBDIVISION 2ND FILING LOTS 91 AND 92 AMENDED PLAT

This is a request for an Amended Plat to combine 2 lots in the Meadowdale Hills Subdivision 2nd Filing into 1 single-family residential use lot. Staff findings are 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 approval with the following conditions 1. All conditions shall be met and the final executed deed and resolution of the County Commissioners recorded by 11-17-04 or this approval shall be null and void; 2. The Final Amended Plat shall be consistent with the information contained in File #04-S2271 or as modified by conditions of approval; 3. The resultant lot is subject to any and all covenants, deed restrictions or other conditions that apply to the original lots.

MOTION

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

Motion carried 2 - 0.

7. LUCAS ZONING VIOLATION: 11751 N. COUNTY ROAD 15

This is an alleged violation of the Land Use Code Section 4.1.5: Outdoor storage is not a permitted use in the O-Open zoning district. A landfill, by definition, is not a permitted use in the O-Open zoning district without Special Review approval from the Board of County Commissioner's. Staff requested this item be tabled to June 14, 2004 at 3:00 p.m.

MOTION

Commissioner Bender moved that the Board of County Commissioners table the Lucas Zoning Violation to June 14, 2004 at 3:00 p.m. as requested by staff.

Motion carried 2 - 0.

LAND USE HEARING

(#58)

The Board of County Commissioners met with Larry Timm, Director of Planning and Building Department; Chair Rennels presided and Commissioner Bender was present. Also present were Tom Garton, Chief Building Official; Jeannine Haag, Assistant County Attorney; and Jean O'Connor, Clerk to the Board.

1. 2003 INTERNATIONAL RESIDENTIAL CODE (IRC) ADOPTION AND PROPOSED AMENDMENTS

This is a request for the Board of County Commissioners to adopt the 2003 International Residential Code (IRC) and proposed amendments dated April 21, 2004, and that all provisions regulating one and two-family dwellings in the currently adopted 1997 Uniform Building, Plumbing, and Mechanical Codes be repealed, all effective November 17, 2004.Staff recommendation is for the Board to adopt the 2003 International Residential Code.

Mr. Timm briefed the Board as to why staff is recommending adoption of the International Residential Code (IRC) and the public process used before bringing the request before the Board. Mr. Garton explained what the IRC is and some of the changes.

Commissioner Bender asked if there were any recommended changes since the work session and Mr. Garton stated that the recommendations have been incorporated into the amendments.

Chair Rennels asked if there were any points of contention and Mr. Garton replied that the Energy Code caused some discussion. The changes in the Energy Code deal with "R-Factors" in windows, walls, furnaces and/or a combination of all. The cost of the change, Mr. Garton continued, is approximately $18 per month on a mortgage but should be far offset by the energy savings.

MOTION

Commissioner Bender moved that the Board of County Commissioners adopt the 2003 International Residential Code and the proposed amendments dated April 21, 2004, and all provisions regulating one and two-family dwellings in the currently adopted 1997 Uniform Building, Plumbing, and Mechanical Codes be repealed, all effective on November 17, 2004

Motion carried 2 - 0.

There being no further business, the hearing adjourned at 6:45 p.m.

TUESDAY, MAY 18, 2004

ADMINISTRATIVE MATTERS

(#59)

The Board of County Commissioners met with Neil Gluckman, Assistant County Manager; Chair Rennels presided and Commissioner Bender was present. Also present were Robert Thompson, Health and Human Services; Don Sandoval, Colorado Department of Local Affairs; Doug Frisbie, Estes Park del Salud Clinic; Carl Marvin, 5th Grader from McGraw Elementary; David Gilliland, CSU; Claudia DeLude; Planning Department; Frank Lancaster, County Manager; George Hass and David Ayraud, County Attorneys' Office; Donna Hart and Deni La Rue, Commissioners' Office; and Jean O'Connor, Clerk to the Board.

PUBLIC HEARING

COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM

(#59)

Mr. Thompson stated that as part of the process for this Federal Grant, a public hearing must be held for the Board's consideration. The CDBG program, Mr. Thompson continued, is intended to assist low-income citizens from falling to the poverty level. Mr. Frisbie explained that the submitted application requested $130,000 in the CDBG funds to be used for a 3500 sq.ft. expansion of the Estes Park Salud Clinic, which the State has awarded pending final requirements and assurances. Mr. Sandoval explained the process necessary prior to receiving funds, including but not limited to an environmental assessment.

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 Community Development Block Grant Assurances and Certifications for the Estes Park del Salud Clinic Expansion Project.

Motion carried 2 - 0.

There being no additional business, the hearing adjourned at 9:25 a.m.

Administrative Matters (cont.)

  1. PUBLIC COMMENT: None
  2. APPROVAL OF THE MINUTES FOR THE WEEK OF MAY 10, 2004

MOTION

Commissioner Bender moved that the Board of County Commissioners approve the minutes for the week of May 10, 2004 as presented.

Motion carried 2 - 0.

Chair Rennels expressed some concern with the portion of the minutes pertaining to the discussion with the Clerk and Recorder last Tuesday. Chair Rennels noted that she made some comments that were not included in the minutes, but that the essence of the meeting was captured.

4. REVIEW OF THE SCHEDULE FOR THE WEEK OF MAY 24, 2004: Ms. Hart reviewed the schedule with the Board.

5. 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 CitiCorp Vendor Finance Operations Tax Department; Colorado Cinema Holdings, LLC; Hix; Frye; Nasello Business Park Master Association.

05182004A001 AMENDMENTS TO THE AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND DELTA DENTAL PLAT OF COLORADO GROUP #0593

05182004A002 AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND PACIFICARE OF COLORADO, INC AND AMENDMENTS TO THE 2004 PACIFICARE MEDICAL AND HOSPITAL GROUP SUBSCRIBER PLAN (2004 Renewal)

05182004A003 GRANT AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE STATE OF COLORADO ACTING BY AND THROUGH THE COLORADO DEPARTMENT OF LABOR AND EMPLOYMENT FOR USE AND BENEFIT OF THE LARIMER COUNTY WORKFORCE CENTER (Authorized the County to receive Wagner-Peyser and Workforce Investment Act Funding)

05182004A004 DEVELOPMENT AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND JOYCE N. JONES FOR THE JONES MINOR LAND DIVISION

05182004A005 AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND MOUNTAIN CONSTRUCTORS, INC (Project #219)

05182004R001 FINDINGS AND RESOLUTION APPROVING AN AMENDED PLAT AND VACATION OF UTILITY EASEMENT IN CRYSTAL LAKES 12TH FILING LOTS 177 AND 178

05182004R002 FINDINGS AND RESOLUTION APPROVING THE JONES MINOR LAND DIVISION

05182004R003 FINDINGS AND RESOLUTION APPROVING THE RELEASE AND TRANSFER OF ESCROW FUNDS FOR ROAD REPAIRS IN TRAILS AT VISTA BONITA PLANNED UNIT DEVELOPMENT 8TH FILING

05182004R004 RESOLUTION ESTABLISHING COMPENSATION FOR DISTRICT ATTORNEY APPOINTED OFFICIALS

MISCELLANEOUS: Appointment of Deputy District Attorney Susan J. Emrani; Personnel Authorization request to convert a temporary position to a limited term position (IMS).

LIQUOR LICENSES: The following licenses were both approved and issued PoolTyme Billiards- Tavern- Loveland, CO and Riverbend Resort- 3.2%- Loveland, CO. The following licenses were issued Quota International of Fort Collins- 6% Special Event- Fort Collins, CO and Red Feather Supermarket- 3.2%- Red Feather Lakes, CO.

Motion carried 2 - 0.

6. LIGHT POLLUTION: Mr. Carl Marvin, a 5th grade student from McGraw Elementary provided the Board with a PowerPoint presentation regarding the types of light pollution, the affects, and solutions. Mr. Marvin requested the Board consider developing a Light Pollution Code. Chair Rennels stated that the current Land Use Code contains guidelines for lighting, but not regulations. Chair Rennels asked what inspired Mr. Marvin to do this presentation. Mr. Marvin stated that a school project was to research the different types of pollution and that he chose light pollution. The Board thanked him and asked if he would make the presentation to the Steering Committee and Mr. Marvin agreed.

7. DISCUSSION OF THE COUNTY SURVEY: Mr. Gilliland provided the Board with an update of the survey and that the results are very encouraging. Commissioner Bender asked if any consideration had been given to include regional roads and Mr. Lancaster replied that roads are included in a different survey. Mr. Gluckman clarified that the survey being discussed is an external survey by the citizens to evaluate and prioritize County services. The Board directed staff to continue moving forward with the survey.

8. RESOLUTION SUPPORTING THE CACHE la POUDRE RIVER NATIONAL HERITAGE AREA TECHNICAL AMENDMENTS ACT OF 2004: Mr. Lancaster requested approval of a resolution supporting technical changes to correct unintended conflicts to the original act previously approved by Congress. Mr. Lancaster read the resolution for the record.

MOTION

Commissioner Bender moved that the Board of County Commissioners approve a resolution expressing the Boards' support for the Cache La Poudre River National Heritage Area Technical Amendments Act of 2004.

Motion carried 2 - 0.

05182004R005 RESOLUTION EXPRESSING BOARD OF COUNTY COMMISSIONERS SUPPORT FOR THE CACHE La POUDRE RIVER NATIONAL HERITAGE AREA TECHNICAL AMENDMENTS ACT OF 2004

9. ZONING VIOLATION UPDATE: Ms. DeLude stated that a property owner has expressed the desire to rectify a zoning violation, but can not afford the fees at the landfill. Ms. DeLude stated that the property owner has proposed an optional payment plan in order to correct the violation by making payments of $25 per month and requested the Board approve the payment plan. Chair Rennels clarified that only actual costs would be repaid and Ms. DeLude replied in the affirmative.

MOTION

Commissioner Bender moved that the Board of County Commissioners approve allowing a citizen to repay landfill fees at a rate of $25 per month until all actual costs have been repaid in order to abate a zoning violation.

Motion carried 2 - 0.

10. WORK SESSION: Mr. Gluckman stated that the Legislative Session has ended and asked if the Board wants a "rap up" session scheduled with local representatives. The Board replied in the affirmative.

Mr. Gluckman briefly updated the Board regarding issues with the payroll system and express gratitude and appreciation toward the employees in the Payroll Department.

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

12. LEGAL MATTERS: Mr. Hass briefed the Board on a recent Court decision regarding the open meeting law.

Executive Session (Affidavit provided)

MOTION

Commissioner Bender moved that the Board of County Commissioners go into executive session at 10:35 a.m. and cited 24-6-402 (4)(b) C.R.S.

Motion carried 2 - 0.

Executive session ended at 10:45 a.m.; no action was taken.

There being no further business, the meeting adjourned at 10:45 a.m.

_________________________________

KATHAY RENNELS, CHAIR

BOARD OF COMMISSIONERS

SCOTT DOYLE

CLERK AND RECORDER

(S E A L)

A T T E S T

_________________________________

Jean M. O'Connor, Clerk to the Board

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