Loveland Bike Trail
 

MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

Monday, June 14, 2004

LAND USE HEARING

(#69)

The Board of County Commissioners met at 3:00 p.m. with Rob Helmick, Senior Planner; Chair Pro-Tem Gibson presided and Commissioner Bender was present. Also present were Sean Wheeler, Claudia DeLude, Geniphyr Ponce-Pore, and Karin Madson, Planning Department; Roxann Hayes, Engineering Department; Rich Grossman, Health Department; Jeannine Haag, Assistant County Attorney; and Gael Cookman, Deputy Clerk.

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

  1. DETOMASI MINOR LAND DIVISION - 04-S2277

This is a request to split 26 acres from a 166 acre parcel. The DeTomasi's purchased their land, assuming they purchased a half-section of land, allowing them eight 35-acre parcels. However, they actually purchased a short half-section, and now have seven 35-acre parcels and one 26.28-acre parcel. Due to Senate Bill 35, which does not allow the division of land less than 35 acres without county approval, the DeTomasi's would like to get county approval to split the 26.28-acre parcel from the remaining land. Staff recommends approval of File #04-S2277, the DeTomasi Minor Land Division, subject to the following condition and authorize the Chair to sign the plat when the condition is met and the plat is presented for signature: 1. The Final Plat shall be recorded by December 14, 2004 or this approval shall be null and void.

2. CRYSTAL LAKES 6TH FILING LOTS 84 & 95 AMENDED PLAT AND EASEMENT VACATION - 04-S2276

This is a request to amend the plat of Crystal Lakes 6th Filing, for Lots 84 and 95 and to vacate those easements located on the common lot lines between these lots in order to create one buildable residential lot. Staff recommendation is for approval of File #04-S2276, the Amended Plat of Crystal Lakes 6th Filing, Lots 84 and 95 and Easement Vacation, subject to the following conditions and authorize the Chair to sign the plat when the conditions are met and the plat is presented for signature: 1. The Final Plat shall be recorded by December 14, 2004 or this approval shall be null and void. 2. Vacation of the easement shall not be effective until the amended plat is recorded in the Larimer County Records.

3. CRYSTAL LAKES 12TH FILING LOTS 13 & 14 AMENDED PLAT AND EASEMENT VACATION - 04-S2282

This is a request to amend the plat of Crystal Lakes 12th Filing, for Lots 13 and 14 and to vacate those easements located on the common lot lines between these lots in order to create one buildable residential lot. Staff recommendation is for approval of File #04-S2282, the Amended Plat of Crystal Lakes12th Filing, Lots 13 and 14 and Easement Vacation, subject to the following conditions and authorize the Chair to sign the plat when the conditions are met and the plat is presented for signature: 1. The Final Plat shall be recorded by December 14, 2004 or this approval shall be null and void. 2. Vacation of the easement shall not be effective until the amended plat is recorded in the Larimer County Records.

4. PTARMIGAN SUBDIVISION 2ND FILING LOT 20 BLOCK 7 AND TRACT B AMENDED PLAT - 04-S2281

This is a request to combine Lot 20 and Tract B in the Ptarmigan Subdivision 2nd Filing into a larger, single family residential lot. Tract B is a triangular shaped Tract located at the southwest end of the applicant's property. It is separated from the balance of the golf course by a drainage easement and bounded on the opposite side by a subdivision road. Because of the isolated nature of Tract B, the applicant states the parcel would be easier for him to maintain as part of his residential lot. The Ptarmigan Club (which owns Tract B) and the lien holder have both agreed to the request. Staff recommendation is for approval of the Amended Plat of the Ptarmigan Subdivision 2nd Filing, Lot 20 Block 7 and Tract B to be known as the "Amended Plat of Lot 20, Block 7 and Tract B of the Ptarmigan Subdivision, 2nd Filing", subject to the following conditions and authorize the Chair to sign the plat when the conditions are met and the plat is presented for signature: 1. The Final Amended Plat shall be consistent with the information contained in File #04-S2281 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 12-14-04, 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.

5. GLACIER VIEW MEADOWS 12TH FILING LOTS 238 & 230 AMENDED PLAT AND EASEMENT VACATION - 04-S2283

This is a request for an amended plat to combine two lots into one. Lot 239 currently has a deck and shed; the other lot is vacant. The applicant also wishes to vacate the driveway easement on Lot 238 and the 10' utility easements along either side of the lot line separating the existing lots. The staff finds that the request meets the requirements of the Larimer County Land Use Code and therefore recommends the Board of County Commissioners approve the proposed Glacier View Meadows 12th Filing, Lots 238 & 239 Amended Plat and Easement Vacations with the following conditions and authorize the Chair to sign the plat when the conditions are met and the plat is presented for signature: 1. The Final Plat shall be recorded by December 14, 2004 or this approval shall be null and void. 2. Vacation of the easement shall not be effective until the amended plat is recorded in the Larimer County Records.

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 2 - 0.

6. MILNER MOUNTAIN SPECIAL REVIEW - 02-Z1455

This is a request for a special review for four existing (zoning violation) free-standing CMRS and Radio/Television transmission towers ranging in height from 51.9 to 89.1 feet, a 12' roof mounted antenna and other communication equipment for telephone companies, radio stations, quasi-governmental entities, paging companies, ambulance services and hospitals. In addition the applicant requests the addition of two carriers to the facility. Staff recommends approval of file #02-Z1455, Milner Mountain Commercial Mobile Radio Services (CMRS) Special Review with the following conditions: 1. The plans submitted by the applicant constitute a Site Specific Development Plan. Operation of the Milner Mountain CMRS Special Review shall be as specified in the representations of the applicant and consistent with the information contained in file #02-Z1455 unless modified by conditions of approval. 2. Within 90 days of the of the date of the Findings and Resolution approving the Special Review the applicant shall execute a Final Development Agreement for approval by the County to be recorded with the Findings and Resolution of the County Commissioners. The Development Agreement shall specify details of the project, including the requirement for long term maintenance of the access road. 3. The applicant shall obtain a private road construction permit from the Engineering Department within 90 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 to the facility. As part of this permit the Larimer County Environment and Access Specialist will work with the applicant to determine a scope of repair for the site access road. All repairs shall be completely constructed by November 1, 2004. 4. All new equipment or replacement parts shall be painted or designed to be a non-reflective grey color to match the existing facilities. 5. The applicant shall comply with the requirements for safeguards for the proper use of propane, including protection from the parking area, as outlined in the memo from the Ron Gonzales, Assistant Fire Marshall, Poudre Fire Authority dated October 4, 2002. 6. Existing vegetation on the property shall be preserved and maintained. 7. Building permits are required for all structures, including the existing tower and structures. All applications for building permits shall be submitted within 90 days of the date of the Findings and Resolution approving the Special Review and finalized within 180 days of building permit issuance. 8. The small wood equipment building shall be removed within 180 days of the date of the Findings and Resolution approving the Special Review. 9. All equipment identified for removal in the Special Review application materials shall be removed within 180 days of the date of the Findings and Resolution approving the Special Review. 10. The site shall be in compliance with the FCC radio frequency exposure limits at all times. 11. The addition of equipment or users to the site shall require prior amendment of this Special Review. 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.

Ms. Madson noted that on April 21, 2004 the Larimer County Planning Commission considered this application for Special Review to approve four existing (zoning violation) free-standing CMRS and Radio/Television transmission towers ranging in height from 51.9 to 89.1 feet, a 12' roof mounted antenna and other communication equipment for telephone companies, radio stations, quasi-governmental entities, paging companies, ambulance services and hospitals. She explained that the request also includes the addition of two carriers to the facility. Ms. Madson stated that application materials indicate that the site was built at some time after 1978. The applicant is requesting this Special Review to permit the use and expansion of the existing facility. Although this is an existing site, it exists without the benefit of prior County approval. Ms. Madson stated that there are no outstanding issues and that approval of this special review would bring the facility into compliance.

John Pharris, Attorney for the applicant Gemini Communications Corporation, addressed the Board and explained that the existing towers were built when the Federal Government was still trying to maintain and control all towers. The towers were built when the area was not regulated by the county which is why there is nothing on file approving their construction. Mr. Ferris noted that as some point the FCC and FAA (Federal Communications Commission and the Federal Aviation Administration) decided that they would only track those towers that were at least 200 feet in height. To make changes for those less than 200 feet it now has to be approved at the county level. Mr. Pharris stated that the applicant has tried to do everything the can to bring the towers into compliance with the Larimer County Land Use Code, and they can satisfy all conditions set forth by staff. At this time Chair Pro-Tem Gibson opened the meeting for public comment. No one addressed the Board for public comment.

M O T I O N

Commissioner Bender moved that the Board of County Commissioners approve the Milner Mountain CMRS Facility Special Review, #02-Z1455, subject to the conditions as outlined above.

Motion carried 2-0.

7. LUCAS ZONING VIOLATION, # 03-ZV0223

Ms. DeLude noted that the property owner is in violation with Section 4.1.5 of the Larimer County Land Use Code which prohibits outdoor storage in the O-Open zoning district, and prohibits a landfill as a permitted use in the O-Open zoning district without Special Review approval from the Board of County Commissioners. Ms. DeLude further noted that the conditions at this site are also in violation of Colorado Regulations pertaining to Solid Waste Disposal Sites and Facilities 6 CCR 1007-2. Ms. DeLude gave some background information, noting that the property is 2.07 acres and is located northwest of Wellington. It is located (one parcel west) of the intersection at N. County Road 15 and County Road 70. She stated that in September of 2003 a complaint was received from the Code Enforcement Officer for the City of Wellington. It referenced this parcel and was regarding a large hole dug in the ground with trash being disposed of in the hole. In addition, a single wide mobile home (SWMH) is being stored on the lot, next to the large hole. The complainant stated that it appeared the property owner intended to dispose of the modular home by burying it in the hole. Ms DeLude explained that due to the fact that the complaint referenced trash/debris and burying such items, the complaint was also referred to Rich Grossman at the Larimer County Health Department. She stated that Zoning Code Enforcement mailed letters to the property owner regarding outdoor storage of the mobile home, and also advised the property owner that disposing of the SWMH in the open hole would not be permitted. Ms DeLude noted that letters were mailed on October 18, 2003 and January 27, 2004. No contact was made to Planning staff. Because the SWMH remains onsite, the BCC hearing was scheduled for May 17, 2004, in cooperation with the Health Department. Finally, Ms. DeLude stated that the property owner did make contact with the Health Department, and in discussions with Mr. Grossman, stated he would not bury the SWMH or any more trash in the open hole. Staff believes he has complied with this agreement, however, to date, the SWMH remains stored on the parcel. Staff findings are as follows: 1. The property in violation of Section 4.1.5 of the Larimer County Land Use Code. Outdoor storage of an unoccupied single wide mobile home is not permitted in the O-Open zoning district. 2. The property in violation of Section 4.1.5 of the Larimer County Land Use Code. A landfill requires approval from the Board of County Commissioners through the Special Review process. 3. The site is in violation of Colorado Regulations Pertaining to Solid Waste Disposal Sites and Facilities in the State of Colorado. Burying of trash/debris is not permitted. 4. The continued use of the property, in violation of the Land Use Code, will affect property values in the area. 5. The continued use of the property, in violation of the Land Use Code, has affected the neighbor's ability to enjoy their own properties. 6. The owner had agreed to have the SWMH removed from the property no later than May 17, 2004. To date, the SWMH still remains on the property.

At this point Chair Pro-Tem Gibson asked if the property owner was in attendance. The property owner was not in attendance, and Chair Pro-Tem Gibson asked if there was any public comment. No one addressed the Board for public comment.

M O T I O N

Commissioner Bender moved that the Board of County Commissioners find that a violation exists and require compliance within 30 days. Compliance would require removal of the single wide mobile home from the parcel, within 30 days; unearthing of any trash/debris already buried onsite; and proper disposal of the single wide mobile home and any trash/debris removed from the parcel. Furthermore, the Board authorizes legal action if this deadline is not met.

Motion carried 2-0.

The hearing adjourned at 3:25 p.m.

TUESDAY, JUNE 15, 2004

ADMINISTRATIVE MATTERS

(#69 & 70)

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: Rob Reeve, Rodeo Chairman Rocky Mountain Stampede; Mike Poppenwimer, owner of Sundance Saloon; Bob Holt and Jay Hardy, Fairgrounds and Events Center; Gary Hausman, Chairman of the County Fair Board; Ginny Riley and Jim Drendel, Human Services; Jim Reidhead, Rural Land Use Center; Gary Buffington and K-Lynn Cameron, Open Lands; Charles Johnson and Jerry White, Engineering; Rob Helmick and David Karan, Planning Department; George Hass and Jeannine Haag, County Attorney's Office; and Gael Cookman, Deputy Clerk.

1. PUBLIC COMMENT: None.

2. APPROVAL OF THE MINUTES FOR MAY 31, 2004 AND JUNE 7, 2004:

M O T I O N

Commissioner Gibson moved that the Board of County Commissioners approve the Minutes for the week of May 31, 2004 as presented.

Motion carried 3-0.

M O T I O N

Commissioner Bender moved that the Board of County Commissioners approve the Minutes for the week of June 7, 2004 as presented.

Motion carried 3-0.

3. REVIEW OF THE SCHEDULE FOR THE WEEK OF JUNE 21, 2004: The Board reviewed their upcoming schedule.

4. CONSENT AGENDA:

M O T I O N

Commissioner Gibson moved that the Board of County Commissioners approve the following items as listed on the consent agenda for June 15, 2004:

PETITIONS FOR ABATEMENT: As recommended by the County Assessor, the following petitions for abatement are approved: J&P Property Management, LLC; Lewis Davis; Alan P. Huschka; Dino Ditullio; Cottonwood Shores II, LLC; Bruce J. Noble.

06152004A001 AGREEMENT TO BUY AND SELL PERSONAL PROPERTY BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND DANIEL A. HEPNER

06152004A002 TRANSPORTATION PLANNING SERVICES AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND FELLSBURG, HOLT & ULLEVIG, INC.

06152004A003 AMENDMENT #3 BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE STATE OF COLORADO FOR THE USE AND BENEFIT OF THE DEPARTMENT OF LOCAL AFFAIRS

06152004A004 SUB-AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND REGENTS OF THE UNIVERSITY OF COLORADO, A BODY CORPORATE, ON BEHALF OF THE UNIVERSITY OF COLORADO HEALTH SCIENCES CENTER AND LARIMER COUNTY WORKFORCE CENTER

06152004A005 DEVELOPMENT AGREEMENT AND RESIDUAL LAND USE RESTRICTIONS FOR ROTH RURAL LAND PLAN BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND WAYNE H. AND MIRIAM ANNE ROTH

06152004A006 AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE STATE OF COLORADO, DEPARTMENT OF PUBLIC SAFETY, FOR THE USE AND BENEFIT OF THE DIVISION OF CRIMINAL JUSTICE

06152004A007 AGREEMENT CONCERNING ELECTIONS BETWEEN THE BOARD OF COUNTY COMMISSIONERS, THE LARIMER COUNTY CLERK & RECORDER, AND THE CITY OF FORT COLLINS

06152004A008 AGREEMENT FOR SERVICES BETWEEN THE BOARD OF COUNTY COMMISSIONERS, THE LARIMER COUNTY YOUTH CONSERVATION CORPS, AND THE COLORADO YOUTH CORPS ASSOCIATION

06152004A009 MEMORANDUM OF UNDERSTANDING BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE TOWN OF TIMNATH REGARDING ANNEXATION AND MAINTENANCE OF COUNTY ROADS

06152004D001 DEED OF DEDICATION OF SAID PROPERTY AS A PUBLIC HIGHWAY BY THE STATE OF COLORADO MILITARY DEPARTMENT

06152004R001 RESOLUTION REGARDING EXTENSION OF APPROVAL FOR HIAWATHA HEIGHTS BLOCK 20 LOT 16-22 AMENDED PLAT

06152004R002 RESOLUTION FOR STATUTORY VESTED RIGHTS FOR ROTH RURAL LAND USE PLAN 02-S1974

06152004R003 FINDINGS AND RESOLUTION APPROVING THE SERVICE PLAN FOR THE ESTES PARK FIRE PROTECTION DISTRICT

06152004R004 RESOLUTION FOR STATUTORY VESTED RIGHTS FOR ELLIS RANCH RURAL LAND USE PLAN 01-S1778

MISCELLANEOUS: Department of Human Services Payments for May 2004; Board of Appeals Bylaws; Personnel Agreement (2 each); Personnel Authorization Request for Fairgrounds Building Maintenance Worker II; Charles Heights Subdivision Lots 2, 3, 8 and 9 Amended Plat; Final Plat of Roth Rural Land Use Plan 02-S1974.

LIQUOR LICENSES: Approval and issuance was granted to the following establishments: Sandy's Convenience Store - 3.2% - Loveland; Lecato's Italian Restaurant - 6% - Loveland; Heron Lake RV Park - 3/2% - Fort Collins.

Motion carried 3-0.

5. ROCKY MOUNTAIN STAMPEDE PROCLAMATION: Mr. Reeve explained to the Board that this will be his last year as the Rodeo Chairman for the Rocky Mountain Stampede and thanked Larimer County for their continued support of this event; he invited the Board to the event and then read the proclamation aloud.

M O T I O N

Commissioner Bender moved that the Board of County Commissioners approve the proclamation of the 82nd Annual Greeley Rocky Mountain Stampede for Larimer County and designate it as such for the weeks of June 24 through July 4, 2004.

Motion carried 3-0.

6. DISCUSSION OF INCIDENTS OCCURRING AT THE SUNDANCE SALOON: Mr. Poppenwimer stated that he was in attendance to discuss some of the incidents at his establishment; he then went into great detail outlining the steps he has taken to ensure that overcrowding does not continue at the Sundance Saloon. Mr. Poppenwimer explained that he has increased his door staff from 3 to 9 on those nights that they expect a larger crowd due to theme nights or special events, he has re-trained staff on crowd control, he will have the Sheriff's Department conduct supplemental training twice a year, they have placed an alarm on the back door so people cannot sneak in, they have an incident log, they have hall and stairway monitors to check for loitering, they no longer serve "shots" of alcohol to customers, they have a portable breathalyzer and conduct random breath checks, and in response to the new laws that will take effect in July regarding the lowering of the DUI limit, they will be offering a complimentary shuttle service within a certain radius so that those needing a ride can get home safely. Ms. Cookman explained that Lt. Sullivan from the Sheriff's Department had hoped to be at the meeting, but he could not attend, so he called to say the Mr. Poppenwimer took immediate action after the overcrowding incident, reprimanded staff, held additional training, and was very pro-active in the steps he has taken to correct the problem. Ms. Cookman noted that Lt. Sullivan stated there have been no problems with the establishment since the incident. The Board thanked Mr. Poppenweimer for coming in to explain how he has dealt with and corrected issues surrounding his establishment.

7. UPDATE ON THE UPCOMING FAIR: Mr. Holt briefed the Board on some of the changes going into effect for the fair; he explained that there will be an admission fee of $5.00 for adults and $3.00 for children and senior citizens, but that there will be no parking fees. Mr. Holt noted they will host three concerts in which they are working with Global Spectrum to market and promote; he further explained that there will be entertainment in the form of a parade, junior rodeo, 4-H exhibits, draft horse and mule show, lawn and garden tractor pull, and an antique tractor show. Mr. Holt stated that there will be voting stations set up during the Fair and during the Primary Election, and that they will recognize the military on Sunday, August 8th by allowing free entry if a military member is in uniform or presents a military identification card. Commissioner Bender stated that he is often asked by citizens what the $5.00 entry fee will get them since they have not had to pay this in the past. Mr. Holt explained that they will mainly be getting more in the way of entertainment. Mr. Hausman also noted that people will gain free admission to the fair if they purchase tickets to the PRCA Rodeo (good only for the date on the ticket). Mr. Holt also noted that they are looking at the possibility of providing a shuttle service to the Fairgrounds from Fort Collins and Loveland.

8. REQUEST CORE SERVICES/PLACEMENT ALTERNATIVES COMMISSION BE COMBINED WITH THE LARIMER INTEGRATED FAMILY ENHANCEMENT (LIFE) BOARD: Ms. Riley explained that the LIFE Board is a Department/Interagency appointed Board that was established to be a community board that oversees the Child Placement Agency Medicaid Waiver Program. She stated that the Board was created to monitor out of home placements and create alternative programming to prevent out of home placements. Ms. Riley noted that the Core Services/Placement Alternatives Commission Board is a Commissioner appointed advisory board that was created to oversee the required Core Services and create new services to prevent out of home placement or facilitate a shortened length of stay in out of home placement. Mr. Drendel explained in a bit more detail what each Board does and how they so closely interconnect; he also noted that they do have different funding sources. Mr. Drendel stated that they do have good participation with regards to their LIFE Board; however, the Core Board does not seem to have as much participation. Commissioner Gibson expressed concern with combining the two boards as it may become too large of Board to manage. Mr. Drendel noted that there is some overlap due to the fact that some members already serve on both boards and combining them would insure active participation on behalf of both Boards. Ms. Riley explained that one of the biggest advantages in combining the two boards would be integrating both the services and funding streams for these programs that already operate so closely together.

M O T I O N

Commissioner Gibson moved that the Board of County Commissioners approve the merger of the existing Core Services/Placement Alternatives Commission and the LIFE Board into a new Core Services/Placement Alternatives Commission.

Motion carried 3-0.

9. ADMINISTRATION OF THE NON-EMERGENT MEDICAL TRANSPORTATION PROGRAM: Ms. Riley explained that the Non-Emergent Medical Transportation Program (NEMT) assists Medicaid clients with transportation services or mileage reimbursement to attend non-emergency medical appointments and treatments. She noted that due to budget constraints the Human Services Department has contracted with Arapahoe County for the past few years to administer the program. Ms. Riley informed the Board that legislative changes which become effective July 1, 2004 will put a cap on the allocation for the actual transportation services provided, and all expenditures above the capped allocation will become County funded. Ms. Riley noted that clients are entitled to the services if they qualify, regardless of the funding available. She stated that Larimer County's allocation for the state program year beginning July 1, 2004 is $125,861, which is estimated to be at least half of historical expenditures for Larimer County; she also noted that is would be difficult to accurately project Larimer County expenditures if they were to retain the program due to increases in the Medicaid caseload and higher gasoline prices. Finally Ms. Riley stated that Counties can decline participation in the administration of the NEMT program and that for any county who declines participation then "State Designated Entities" would provide the NEMT services to Medicaid clients in that region. Ms. Riley recommended that Larimer County decline participation in administering the Non-Emergent Medical Transportation Program, and further stated that she does not know of any county in the state that will continue to participate in the program.

M O T I O N

Commissioner Bender moved that the Board of County Commissioners approve instructing the Director of the Department of Human Services to respond to the Colorado Department of Health Care Policy and Financing that Larimer County does not wish to participate in the administration of the Non-Emergent Medical Transportation Program due to insufficient allocation of funds by the State to cover anticipated demand and expenditures.

Motion carried 3-0.

10. ACKERMAN CONSERVATION EASEMENTS: Ms. Cameron explained that the Open Lands Department is working to obtain 3 Conservation Easements in the Buckeye/Waverly area which total 866 acres owned by the Ackerman family; she noted that two of the easements are being funded by Farmland Protection dollars which require irrigated land. Mr. Johnson noted that the total project dollar amount for the first two easements is $820,000, 276,000 would come from the Farmland Protection agency, Larimer County would fund $443,774 and the Ackerman's would donate $100,000. He further noted that the value of these conservation easements is scenic, wildlife and good agriculture qualities. Commissioner Gibson asked if there were going to be public trails placed on the easements. Ms. Cameron explained that there would be no public access in this particular project, but that there were other easements that they were working on in this area that would provide public access and trails. Mr. Johnson noted that the third easement consisting of 320 acres is not irrigated property, but does provide scenic, wildlife, historic, agricultural values; he stated that owner will donate $100,000 towards this easement and Larimer County Open Lands will fund the remaining $100,000.

M O T I O N

Commissioner Gibson moved that the Board of County Commissioners approve the funding for three conservation easements, and authorize the Chair's signature of said conservation easement contracts and resolutions regarding the acquisition of the Ackerman Conservation Easements.

Motion carried 3-0.

06152004R006 RESOLUTION FOR ACQUISITION OF THE ACKERMAN I CONSERVATION EASEMENT PROPERTY BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND ELDON AND TRULIE A. ACKERMAN

06152004R007 RESOLUTION FOR ACQUISITION OF THE ACKERMAN LAND AND LIVESTOCK COMPANY I CONSERVATION EASEMENT PROPERTY BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND ACKERMAN LAND AND LIVESTOCK COMPANY

06152004R008 RESOLUTION FOR ACQUISITION OF THE ACKERMAN II CONSERVATION EASEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND ELDON AND TRULIE A. ACKERMAN

11. CHANGE REGARDING SECONDARY/EMERGENCY ACCESS APPROVED BY THE LOVELAND FIRE PREVENTION BUREAU: Mr. Reidhead informed the Board of a change regarding the secondary/emergency access for the Ellis Ranch Rural Land Use Plan (RLUP); he noted that there was originally a requirement for emergency access at the north end of the property; however this requirement can be eliminated given that the number of homes have been reduced from 14 to 8, and due to the fact that the Loveland Fire Prevention Bureau will allow a dead-end road in excess of 660 feet if residential sprinkler systems are installed. At the request of the applicant, the fire bureau has approved the longer dead-end road on the condition the sprinklers are made a requirement of the project. Mr. Reidhead noted that this change is in keeping with the established RLUP practice and requested final approval on the project with this modification.

M O T I O N

Commissioner Bender moved that the Board of County Commissioners approve the Ellis Ranch Rural Land Use Plan, including the changes outlined above.

Motion carried 3-0.

06152004A010 DEVELOPMENT AGREEMENT AND RESIDUAL LAND USE RESTRICTIONS FOR ELLIS RANCH RURAL LAND USE PLAN BETWEEN THE BOARD OF COUNTY COMMISSIONERS, SYLVAN DALE RANCH, LLLP, AND ELLIS RANCH HOMEOWNERS ASSOCIATION

06152004R005 SUPPLEMENT TO FINDINGS AND RESOLUTION APPROVING ELLIS RANCH PRELIMINARY RURAL LAND PLAN

FINAL PLAT FOR ELLIS RANCH RURAL LAND USE PLAN #01-S1778

12. WORKSESSION: Mr. Lancaster requested direction from the Board regarding agenda items for the joint meeting with the City of Fort Collins and the City of Loveland. Some discussion ensued regarding clarification on the RTA and whether or not Larimer County should pursue conducting a road survey.

Mr. Lancaster explained that he has not received any additional petitions from the parties that expressed concern with the management of the county park system by Mr. Buffington. The Board agreed that Mr. Lancaster should invite those whose names are on the initial petition to the next meeting with Gary Buffington, and they in turn can invite others who might be interested in attending the meeting as well.

Mr. Lancaster requested a wavier to the personnel policy to allow an employee in the Community Corrections Department to receive wages for a position she was hired for; however, the position has since been eliminated. Mr. Lancaster explained that the individual was working in the Community Corrections Department as a Program Worker II - grade 141, and applied for the Program Specialist II position - grade 153. The individual was hired into the specialist position but was asked to remain in the program worker position until Community Corrections was able to hire and fill that position; she agreed to do so. In the meantime the Lee & Burgess Study, which reclassified some positions in Larimer County, eliminated the Program Specialist II position altogether. Mr. Lancaster stated that had the individual accepted the specialist position immediately then she would already be earning the higher wage. Finally, Mr. Lancaster noted that the Community Corrections Department has the funds available to cover the wage increase and that the Human Resources Department supports the waiver of policy.

M O T I O N

Commissioner Gibson moved that the Board of County Commissioners approve the waiver of personnel policy to allow the Community Corrections Department to increase the wages to $16.39 per hour for Jennifer Van Norman who was hired as a Program Specialist II.

Motion carried 3-0.

13. COMMISSIONER REPORTS: The Board noted their attendance at events during the previous week.

14. LEGAL MATTERS: Mr. Hass stated that he was asked to address the noise ordinance as it relates to the dog kennel business known as Creature Comforts. Mr. Lancaster noted that the owner of Creature Comforts had worked out a plan with the neighbors and have given them a pager number to call if they were being disturbed by the noise from the kennel. Apparently someone called the Sheriff's Department instead and the owner of the kennel was issued two citations. Mr. Lancaster stated that the owner feels he is on the verge of being harassed into non-existence. Mr. Lancaster asked if there was a way to modify or set aside the subjective piece of the noise ordinance until the Board meets and reviews the ordinance on July 1, 2004. Mr. Hass noted that if the Board were to modify the ordinance it could not be case specific, and the modifications would apply county wide. Some discussion ensued and Mr. Lancaster stated that he would speak with the owner and explain the situation and speak with the Sheriff's Department to ensure their deputies knew about the situation and the pager number that is available to the neighbors.

Ms. Haag explained that a neighbor showed up late to the hearing for the Burdick Special Review Sandstone Quarry application, and asked the Board to re-open the hearing after the Special Review was already approved. Mr. Helmick noted that the neighbor had an issue with the hauling hours of operation for the quarry. Some discussion ensued regarding whether or not to hold another hearing solely for the purpose of determining hauling hours and the Board agreed that this would probably be the best way to resolve the issue.

15. EXECUTIVE SESSION:

M O T I O N

Commissioner Gibson moved that the Board of County Commissioners go into Executive Session to discuss acquisition of any real or personal property interest as outlined in 24-6-402 (4)(a) C.R.S.

Motion carried 3-0.

Executive Session ended and the meeting adjourned at 12:15 p.m.; no further action was 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.