MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

Monday, May 24, 2004

LAND USE HEARING

(#60)

The Board of County Commissioners met with Rob Helmick, Senior Planner; Chair Rennels presided and Commissioners Bender and Gibson were present. Also present were Claudia DeLude and David Karan, Planning Department; Jim Reidhead, Rural Land Use Center; Jeannine Haag, Assistant County Attorney; Doug Ryan, Health Department; Christie Coleman, Engineering Department; and Jean O'Connor, Clerk to the Board.

Chair Rennels stated the first item Powell Zoning Violation has been removed from the agenda at the request of the property owner's attorney. Mr. Mark Powell stated that he did not ask his attorney to remove this item. Ms. DeLude stated that she received a phone message from a gentleman, she could not immediately recall his name, stating that cleanup efforts were being pursued, dirt was being brought to the site and requested additional time on behalf of his client. Mr. Powell stated that dirt is being brought to the site, but that he had not given any such direction. Ms. DeLude requested the item be tabled to July 19, 2004 at 3:00 p.m.

MOTION

Commissioner Gibson moved that the Board of County Commissioners table the Powell Zoning Violation to July 19, 2004 at 3:00 p.m. as requested by staff and agreed to by the property owner.

Motion carried 3 - 0.

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

  1. BURDICK SANDSTONE QUARRY AMENDED SPECIAL REVIEW: 31-04-70: SPRING GULCH ROAD NORTH OF U.S. 36 APPROXIMATELY 3 MILES NORTH OF LYONS
  2. This is a request to amend the Burdick Special Review approval (file # Z-14-87) for a 5-acre quarry by adding 4.9 acres. Staff recommendation is approval subject to following conditions 1. Except as amended by approval of these Amendments, the 1970 provisions for the operation of the Burdick Quarry Special Review (file # Z-14-70) shall apply through the full term of the Amended Special Review approval; 2. Throughout the term of this Special Review approval a) Mining will continue to commence upslope of rubble piles located at the toe of the slope. The Operator shall retain rock waste piles down slope of any mining activity. The location of these rubble piles will continue to create a natural retention pond that captures all mining activity runoff; b) The hours of operation shall be 4:30 a.m. to 8:00 p.m. April 1st through September 30th and 9:00 a.m. to 4:00 p.m., October 1st through March 31st. Outside those hours, the only activities that shall take place are the single-family residential or agricultural uses allowed by right in the O-Open district (as specified in LCLUC Sections 4.1.5 and 4.3.1 and 4.3.2); 3. Before commencing operations on the additional 5.0 acres of property as proposed, the Operator shall a) Prepare a stormwater management plan and obtain a Stormwater Discharge Permit as indicated in the Health Department's 2/5/04 memorandum. If required, the permit must be updated annually. Alternatively, the Operator shall submit a letter from the appropriate State Health agency stating that the Burdick mining operation is exempt from the requirement; b) Either submit an Air Pollution Emissions Notice (APEN) or submit to County Planning a letter from the Health Department's Air Pollution Control Division exempting this mine from submitting an APEN. Should a submitted APEN indicate it is required, the Operator will obtain an air quality permit. If required, the permit must be updated annually; c) Development Agreement for the Amended Special Review approval is required. The Development Agreement must be approved by the Board of County Commissioners with the final approvals for this request; 4. Each year, within 10 days of sending the annual report to the State MLRB, the operator shall provide a copy of the report to the Larimer County Planning Department; 5. The mining of the 9.9 acre site shall halt thirty (30) years from approval by the Larimer County Board of County Commissioners unless a Special Review is subsequently approved which further extends the life of this operation; 6. The approval of the Burdick Quarry Amended Special Review 02-Z1462 shall be null and void if, at any time after the date of approval by the Board of County Commissioners, the subject mining operation substantially ceases for any period of 3 consecutive years.

    MOTION

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

    Motion carried 3 - 0.

  3. WAGNER PRELIMINARY RURAL LAND PLAN: SECTION 32, TOWNSHIP 10 NORTH, RANGE 68 WEST AND SECTION 5, TOWNSHIP 9 NORTH, RANGE 68 WEST; GENERALLY LOCATED NORTHWEST OF WELLINGTON, BETWEEN COUNTY ROADS 9 AND 11, SOUTH OF A LINE EXTENDING EASTWARD FROM COUNTY ROAD 76 WHERE IT INTERSECTS WITH COUNTY ROAD 11

This is a request for preliminary approval to divide approximately 640 acres into twenty-four (24) single-family residential lots situated on about 190 +/- acres and three (3) residual lots (private open space) on about 450 acres. The residual lots 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 findings are 1. 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 Wagner Preliminary Rural Land Plan is based on the following a) Applicant's planning and design rationale for the project, which is consistent with the RLUP; b) Conservation values of the residual land, including preservation of grazing land, open space and wildlife habitat; c) The plan is generally compatible with the existing neighboring land uses.

Support for this proposed plan takes into consideration the various other land development 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 a) Protective covenant on residual land with difficult reversion process at end of 40 years; b) Transportation capital expansion fees received from the project; c) School and park fees received from the project; d) 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 with the following contingencies being 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 shall be contained in a dedicated public right-of-way. 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. Representative soil tests at least four locations, spread out across development area, should be completed and the lot sizes approved by the County Health Department before final approval.; 3. Public water shall be provided for the majority of this project (except for 3 lots on the western side of this project where wells will be allowed). A letter of commitment from the Northern Colorado Water Association (NCWA) must be provided for the eastern cluster (21 of the 24 lots) 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 NCWA. 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; 4. Setbacks shall be included on the final plat as depicted on the preliminary map (300' from the north and south boundaries and 660 feet from the east boundary/County Road 9. Any building envelopes located on the plat shall be located outside the floodplain and drainage areas and shall meet minimum setback requirements listed in the Larimer County Land Use Code; 5. A fire protection plan must be submitted and approved by the Rural Land Use Center Director and the Larimer County Emergency Management office before final approval; 6. The residual land protective covenant and use plans must be reviewed and approved by the County Attorney and the RLUC Director prior to final plat approval; 7. 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; 8. The final Development Agreement must be reviewed and approved by the County Attorney prior to final plat approval; 9. 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; 10. The final development agreement must include language that states the following for the mineral interests: The property is subject to the severed mineral interests that are owned by Anadarko E&P Company LP and Anadarko Land Corp. The Conceptual Plan and Final Rural Land Plan within the Larimer County Rural Land Use Plan and the subsequent development of the property in accordance with the plans do not impact the mineral rights owned by the Anadarko entities, or the ability of the Anadarko entities or their lessees, successors or assigns, to develop the minerals; 11. 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) A note about the fire protection plan needs to be added, when it is determined; b) The property is subject to the severed mineral interests that are owned by Anadarko E&P Company LP and Anadarko Land Corp. The Conceptual Plan and Final Rural Land Plan within the Larimer County Rural Land Use Plan and the subsequent development of the property in accordance with the plans do not impact the mineral rights owned by the Anadarko entities, or the ability of the Anadarko entities or their lessees, successors or assigns, to develop the minerals; c) LOT SALE PROHIBITION. Developers will execute a Lot Sale Prohibition Agreement which stipulates that lots 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; d) 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; e) 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; f) 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; g) 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; h) 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; i) 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; j) 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; k) 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; l) Pets must be contained on property, either by leash or enclosure; m) 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; n) 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; o) 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; p) 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; q) Larimer County has adopted a Right to Farm Resolution; r) 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; s) 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; t) 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; u) 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; v) 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; w) 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 regarding the application and requested a change to condition #1. The 3rd sentence is to be changed to read, "Internal roads shall be contained in a dedicated public right-of-way." Mr. Reidhead further stated that he has received notice from the Northern Colorado Water Association that they are planning to expand their water delivery system and that all taps for the project may not be readily available. Therefore, Mr. Reidhead continued, condition #3 regarding the provision of water for the eastern cluster of lots (21 of the proposed 24) is still required but all lots may not receive a tap in the same timeframe. Lot sale restrictions are addressed in condition #9 and a plat note is required in condition #11(c).

Commissioner Gibson stated that the surrounding parcels are 35-acres in size and asked if approval of this project would set a precedent for further development of those lots. Mr. Reidhead stated that those property owners have the right to submit application for further division of their property for the Boards consideration.

Chair Rennels asked the difference between condition #9 and condition #11 (c). Mr. Reidhead stated that #9 is a condition of approval and that condition 11, along with all sub-conditions, are required plat notes.

Commissioner Bender inquired as to the uses of the residual land by those lot owners and if the land could be leased for grazing. Mr. Reidhead stated the Wagner family also owns adjacent land and has the option to continue using the three lots as they currently use it.

Mr. Larry Wagner, property owner, stated that this process started about six-months ago when he and his wife decided to build a home; however he has two siblings so all considerations must be thought of in threes. When the family investigated the Rural Land Use Process and a way of preserving the majority of the family farm, that process was chosen and Mr. Wagner requested the Boards' approval.

Ms. Lauren Light, adjacent property owner, applauded staff and the property owners and requested consideration be given to the interior road alignment, so that turning vehicle headlights do not shine into her home. Ms. Light further requested an advanced notification from staff noting the date of final plat approval.

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

Mr. Wagner rebutted that he would do everything he could so car lights don't shine in her home and noted the proposed alignment is at the property line to the south of the Lang's home.

Commissioner Gibson asked where the radon requirement comes from and Mr. Helmick stated that it is a standard condition for awareness to the purchaser per the Building Code.

Chair Rennels requested staff be cognizant of the adjacent property owner's request for protection from vehicle lights and commended the applicant on the proposed setbacks, which benefit the adjacent property owners.

MOTION

Commissioner Gibson moved that the Board of County Commissioners approve the Wagner Rural Land Plan as presented and with the change to condition #1 as requested by staff.

Motion carried 3 - 0.

At this time, Mr. Eric Olden addressed the Board with concerns regarding item #2: Burdick Amended Special Review and the hours of operation. As proposed, Mr. Olden continued, the hours of operation are 4:30 a.m. - 8:00 p.m. and expressed concern with hauling during school bus pick-up hours. The Board noted that could be a significant concern. Ms. Haag stated that the Board could leave the approval as is and the parties could go to court to mitigate any potential conflict or the Board could rescind their motion and continue the hearing to another date.

Commissioner Bender opposed rescinding the action and suggested staff contact the owner and request a letter verifying the hours of operation and transportation of materials. Mr. Helmick suggested the Board direct staff to get a commitment from the applicant regarding transportation of materials prior to a Findings and Resolution being presented to the Board for approval. The Board concurred with Mr. Helmick and suggested hauling hours of 7 a.m. - 5:00 p.m. Monday through Friday.

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

This is an alleged violation 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. Ms. DeLude requested this item be tabled to July 19, 2004 at 3:00 p.m.

MOTION

Commissioner Bender moved that the Wendel Zoning Violation be tabled to July 19, 2004 at 3:00 p.m. as requested by staff.

Motion carried 3 - 0.

There being no further business, the hearing adjourned at 4:00 p.m.

TUESDAY, MAY 25, 2004

ADMINISTRATIVE MATTERS

(61)

The Board of County Commissioners met with Frank Lancaster, County Manager; Chair Rennels presided and Commissioner Bender and Gibson were present. Also present were Al Kadera and Russ Legg, Planning Department; Dave Shirk, Estes Valley Planning; Gary Buffington, Marc Engemoen, K-Lynn Cameron and Charlie Johnson, Parks and Open Lands; Carol Block, Kurt Hayhurst, Maurice Lodwick, Lorrie Lopez, and Sharon Danson, Finance Department; Gael Cookman, Clerk and Recorders' Office and Jean O'Connor. Clerk to the Board.

1. PUBLIC COMMENT: Mr. Brian Schumm addressed the Board with concerns regarding the lack of Code Enforcement at 209 E Skyway for an existing and ongoing zoning violation.

2. APPROVAL OF THE MINUTES FOR THE WEEK OF MAY 17, 2004:

MOTION

Commissioner Bender moved that the Board of County Commissioners approve the minutes for the week of May 17, 2004 as presented.

Motion carried 3 - 0.

3. REVIEW OF THE SCHEDULE FOR THE WEEK OF MAY 31, 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:

05252004A001 DEVELOPMENT AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND RODNEY D VAUGHN AND ROBIN L CECIL FOR THE VAUGHN-CECIL SUBDIVISION

05252004A002 DEVELOPMENT AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND DON AND CAROLE MILLER FOR THE MILLER SUBDIVISION

05252004A003 AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND DON KEHN CONSTRUCTION, INC FOR COUNTY ROAD 5 RECONSTRUCTION PROJECT

05252004A004 AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE PLEASANT VALLEY AND LAKE CANAL COMPANY FOR TEMPORARY CONSTRUCTION EASEMENT AND FOR BRIDGE REPLACEMENT ON LaPORTE AVENUE

05252004A005 DEVELOPMENT AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND GARRY M LANTING FOR J-J ESTATES SUBDIVISION

05252004R001 FINDINGS AND RESOLUTION APPROVING THE ELK RIDGE PRELIMINARY RURAL LAND PLAN

05252004R002 RESOLUTION FOR STATUTORY VESTED RIGHTS FOR VAUGHN-CECIL SUBDIVISION

05252004R003 RESOLUTION FOR STATUTORY VESTED RIGHTS FOR MILLER SUBDIVISION

05252004R004 RESOLUTION FOR STATUTORY VESTED RIGHTS FOR J-J ESTATES SUBDIVISION

05252004R005 RESOLUTION ADOPTING THE 2003 INTERNATIONAL RESIDENTIAL CODE AND AMENDMENTS

MISCELLANEOUS: Impact Assistance Grant Application on behalf of Larimer County to the Colorado Division of Parks and Outdoor Recreation; Personnel Authorization request for Correctional Services Specialist I; Department of Human Services payments for April 2004; Final Plat for Miller Subdivision; Final Plat for Vaughn-Cecil Subdivision; and Final Plat for J-J Estates Subdivision.

LIQUOR LICENSES: The following licenses were both approved and issued CSU Concessions- 3.2%- Fort Collins, CO and Rams Horn and CSU- Hotel & Restaurant- Fort Collins, CO.

Motion carried 3 - 0.

5. DISCUSSION OF LIFEGUARDS AT PARKS AND OPEN LANDS SWIM AREAS: Mr. Buffington briefed the Board on the possibility of eliminating lifeguards at Carter Lake and Horsetooth Reservoir and the associated costs. In the past, Mr. Buffington continued, there have been some problems with lifeguards not showing up for work; risks associated with no lifeguard and posted notice; and justification for "on-call" lifeguards.

Commissioner Gibson stated that citizens should assume personal responsibility when visiting County swim areas. Chair Rennels requested that the beaches be well marked that there is no lifeguard on duty.

MOTION

Commissioner Bender moved that the Board of County Commissioners approve no lifeguards on swim beaches at Horsetooth Reservoir and Carter Lake beginning this summer.

Commissioner Gibson asked to amend the motion to say "...no lifeguards at designated Larimer County Parks". Commissioner Bender concurred and motion was modified.

Motion carried 3 - 0.

6. PRESENTATION OF CERTIFICATE OF ACHIEVEMENT FOR EXCELLENCE IN FINANCIAL REPORTING FROM THE GOVERNMENT FINANCE OFFICERS ASSOCIATION: Ms. Block introduced her staff and stated that this is the 21st year in a row that Larimer County has received this certificate and commended the Board for their foresight in policy making and her staff for their dedication.

7. ADOPTION OF PLOT PLAN REVIEW FEES FOR THE ESTES VALLEY CODE AREA: Mr. Shirk stated that the Estes Park Planning Area allows for the collection of plot plan review fees, however since the Town started reviewing plans in the Estes Valley area, which is in unincorporated Larimer County, fees have not been collected. Mr. Legg stated that the Town did not have a mechanism to collect the fees and the County could have, but did not feel it would be fair since the Town was performing the work. Therefore, Mr. Shirk requested the Board adopt the proposed fee schedule for the area of Larimer County covered by the Estes Valley Land Use Code and noted that an annual transfer would be made to the Town. The Board did not express any concerns with the proposal.

MOTION

Commissioner Gibson moved that the Board of County Commissioners approve the fee schedule for the Estes Valley Land Use Code area as proposed and authorize the Larimer County Building Department to collect the fee and transfer the funds periodically to the Town of Estes Park as part of the Intergovernmental Agreement contract provisions regarding Town review of County developments in the Estes Park Planning area. Authorize and approve the collection of said fees beginning July 1, 2004.

Motion carried 3 - 0.

8. EXTENSION OF FIRE RESTRICTIONS IN LARIMER COUNTY: Mr. Lancaster stated that he had consulted with the Sheriff and is requesting the current fire restriction be extended to August 1, 2004. Commissioner Gibson asked if the National Parks would also impose a restriction and Mr. Lancaster stated that he did not know. Commissioner Bender asked for the justification to extend the ban and Mr. Lancaster noted that he could not speak for the Sheriff, but that this item could be tabled and request the Sheriff or staff to attend that next meeting.

MOTION

Commissioner Bender moved that the Board of County Commissioners table consideration to extend the fire restrictions in Larimer County to June 1, 2004 at Administrative Matters.

Motion carried 3 - 0.

9. WORK SESSION: Mr. Lancaster stated that he had been contacted by the City of Loveland regarding the annexation of the old sugar factory, and they have requested that the Board waive the requirement for an Annexation Impact Report.

MOTION

Commissioner Gibson moved that the Board of County Commissioners waive the requirement for an Annexation Impact Report for the old Sugar Factory in the City of Loveland.

Motion carried 3 - 0.

Mr. Lancaster briefed the Board regarding Winthrow Ridge Subdivision and the current hold on building permits. After speaking with the City of Fort Collins who agreed to provide sewer services, Mr. Lancaster noted that the developer has been notified that the sewer line does not pass inspection. Therefore, the only recourse at this time was to place a hold on all building permits.

Commissioner Bender stated that there are some problems in LaPorte with respect to the LaPorte Area Plan since the City of Fort Collins currently has a no growth policy, therefore the City will not provide any additional sewer services to the area.

Mr. Lancaster provided an update regarding Loveland's application to expand the calling area and that a judge ruled against allowing commercial entities to be included in the survey for the expansion.

Mr. Lancaster stated that the Colorado State Attorney General's (SAG) office has informed Larimer County that it has been identified as a potential disparate jurisdiction under the Fiscal Year 2004 LLEBG Program. By statute, Mr. Lancaster continued, a potential disparate situation exists, when within a county one or more municipalities' funding is greater than the county's' by 200% or 400%, depending on the number of municipalities involved. In a disparate situation, the county must be able to show that said disparate allocations is likely to threaten the efficient administration of justice at the county level for prosecution and/or incarceration costs. Mr. Lancaster stated that jurisdictions certified as disparate by the SAG must agree on whether they will share funds and in what proportions, or no one receives funding. Mr. Lancaster requested the Board authorized staff to draft a letter for the Chairs signature declaring Larimer County a Disparate Jurisdiction.

MOTION

Commissioner Gibson moved that the Board of County Commissioners direct staff to prepare a letter for the Chairs' signature declaring Larimer County a Disparate Jurisdiction.

Motion carried 3 - 0.

10. COMMISSIONER REPORTS: The Board noted their attendance at events last week. Chair Rennels made special note that two Red Feather Lake paramedics were recently recognized at the EMS Gala.

Ms. Ruth Shedd, Commissioner from Lafayette, Indiana introduced herself and stated that she was just observing the Boards' meeting.

Chair Rennels stated that some articles have been in the media lately regarding Larimer County 4H Program and the Larimer County Fair Queen Program. Chair Rennels clarified that the two programs are unrelated and that the Fair Queen Program has private sponsorship, while the 4H Program is sponsored, at least in part, by CSU Cooperative Extension. The rules for the Fair Queen Program require participants to reside in Larimer County at least 90-days prior to applying for Lady-in-Waiting. If the rules were not written that way, Chair Rennels continued, it is conceivable that the Larimer County Fair Queen could reside in Boulder County or Laramie County.

  1. LEGAL MATTERS: None
  2. EXECUTIVE SESSION (#62)

MOTION

Commissioner Bender moved that the Board of County Commissioners go into executive session at 11:00 a.m. and cited 24-6-402 (4) (a) C.R.S.

Motion carried 3 - 0.

Executive session ended at 11:30 a.m.; no action was taken.

There being no further business, the meeting adjourned at 11:30 a.m.

PUBLIC IMPROVEMENT DISTRICT #28

TROTWOOD RANCHES SUBDIVISION

(#63)

The Board of County Commissioner met with Rex Burns, Engineering; Chair Rennels presided and Commissioners Bender and Gibson were present. Also present were Linda Sanders, Engineering Department; James Fry, Christie Brucher, Linda Kissell and Jerry Hubka, residents of Trotwood Ranches Subdivision; and Jean O'Connor, Clerk to the Board.

Mr. Burns briefed the Board regarding what a Public Improvement District (PID) is and reasons to form one. In this case, Mr. Burns continued, the residents want to assess themselves a tax to generate funds for road improvements, including but not limited to snow removal and seal coating. Ms. Sanders stated that a petition for the PID was circulated and 65% of the residents are in favor for a mill of 14.26. Mr. Burns stated that he is in receipt of a letter of support from Mr. Jerry Hubka, President of the Homeowners Association. The residents present all acknowledged appreciation to Mr. Burns and Ms. Sanders for their patience and dedication in working with the residents.

Chair Rennels stated that the residents would receive additional benefits with the professional advice of staff and not just going through a bid process. Also, there is a potential re-sale value with a PID because interested buyers know the roads will be maintained and there is a degree of expectation due to the PID.

MOTION

Commissioner Bender moved that the Board of County Commissioners approve a resolution approving the petition for the organization of Larimer County Trotwood Ranches Public Improvement District #28 and authorize an election for said PID.

Motion carried 3 - 0.

05252004R006 RESOLUTION APPROVING PETITION FOR THE ORGANIZATION OF LARIMER COUNTY TROTWOOD RANCHES PUBLIC IMPROVEMENT DISTRICT #28

There being no further business, the hearing recessed at 6:50 p.m.

PUBLIC IMPROVEMENT DISTRICT #26

WRANGLER MEADOWS

(#63)

The Board of County Commissioners reconvened with Mr. Burns at 7:00 p.m.; Chair Rennels presided and Commissioners Bender and Gibson were present. Also present were Linda Sanders, Engineering Department and Jean O'Connor, Clerk to the Board.

Mr. Burns stated that this PID is similar to the previous with the exception that these roads are in far worse shape, so staff has recommended that area residents consider a variable mill, which would carry a much higher rate the first year to generate funds to address road improvements sooner than later. The rate, Mr. Burns continued, would be considerably less in following years depending upon the associations' budget considerations. Ms. Sanders stated that 80.6% of residents are in favor of the PID. Mr. Burns noted he is in receipt of a letter from the Ellis family in favor of the PID.

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

Chair Rennels stated that she is aware of this type of PID funding and noted that it provides additional flexibility for residents.

MOTION

Commissioner Gibson moved that the Board of County Commissioners approve a resolution approving the petition for the organization of Larimer County Wrangler Meadows Public Improvement District #26 and authorize an election for said PID.

Motion carried 3 - 0.

05252004R007 RESOLUTION APPROVING PETITION FOR THE ORGANIZATION OF LARIMER COUNTY WRANGLER MEADOWS PUBLIC IMPROVEMENT DISTRICT #26

There being no further business, the hearing adjourned at 7:20 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