> Meetings & Minutes > 1998 Minutes

PROCEEDINGS OF THE BOARD OF COUNTY COMMISSIONERS

MONDAY, NOVEMBER 9, 1998

LAND-USE PLANNING MEETING

(#393)

The Board of County Commissioners met at 3:00 p.m. in regular session with Larry Timm, Director of Planning. Chair Olson presided and Commissioner Clarke was present; Commissioner Disney was attending a transportation meeting in Longmont. Also present were: Rob Helmick, Senior Planner; Carol Evans, Planner II; Sean Wheeler, Planner I; Senior Planner; Rex Burns, Project Engineer; and Jeannine Haag, Assistant County Attorney. Recording Clerk, Sherry Graves.

Chair Olson noted that the following are consent items and will not be discussed in detail unless requested by the Commissioners or members of the audience.

1. BONNELL WEST PLANNED UNIT DEVELOPMENT RELEASE OF

COLLATERAL (#98-MS1189): NW 31-05-69 - WEST OF COUNTY ROAD

23, ½ MILE NORTH OF COUNTY ROAD 14, SOUTHWEST OF LON

HAGLER RESERVOIR; 299 ACRES; 120 LOTS; FA-1 FARMING ZONING

This is a request for final release of collateral (mortgage deed) for Bonnell West PUD. The staff recommendation is for approval of the release of collateral for the Bonnell West PUD.

2. AMENDED PLAT OF LOTS 48 AND 49a, CRYSTAL LAKES 11TH

FILING (#98-S1312): 01-10-74 - OFF CR 179 AT THE END OF

CHILLICOTHE COURT IN THE CRYSTAL LAKES SUBDIVISION,

11TH FILING; 4.68 ACRES; 2 LOTS; E-ESTATE ZONING

This is a request for an Amended Plat to combine Lots 48 and 49a within the Crystal Lakes Subdivision, 11th Filing; said combining of lots will result in one lot being approximately 4.68 acres in area. This applicant also requests the vacation of one 40' trail easement that runs along the existing property line. Staff findings include: 1) The proposed amended plat is in compliance with the Larimer County Master Plan, the Larimer County Zoning Resolution, and the Larimer County Subdivision Resolution; 2) The 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, except as noted with regard to the proposed vacation of the trail easement; 4) Property values in the surrounding area would not be adversely affected by the amended plat. The staff recommendation is for approval of the amended plat of Lots 48 and 49a within the Crystal Lakes Subdivision, 11th Filing, subject to the following condition: 1) The trail easement shall not be vacated.

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners adopt the staff findings and staff recommendations and approve the Bonnell West Planned Unit Development Release of Collateral (#98-MS1189) and the Amended Plat of Lots 48 and 49a in Crystal Lakes 11th Filing (#98-S1312); each, as outlined.

Motion carried 2-0.

3. GIBBS EASEMENT VACATION (#97-SA1132): PART OF SECTION 19,

TOWNSHIP 5 NORTH, RANGE 72 WEST AT 773 NORTH LANE, NORTH

OF AND ADJACENT TO NORTH LANE, SOUTH OF AND ADJACENT TO

DEVIL'S GULCH ROAD E-ESTATE ZONING

This is a request to vacate a public road and bridle path easement. Mr. Helmick stated that this 40 ft. easement was granted for a public road in 1959, but has never been used as such for motorized vehicles and only used for equestrian, bicycle and foot traffic and for the placement of utilities; he noted that at the northern end is a portion of road that is used for access by the property owner to the west. Mr. Helmick stated that the Engineering and Open Lands Departments support retaining the easement; he noted that if this vacation of access easement is approved, it would not leave any property landlocked or without access to any existing public or private roadway or roadway easement. Staff findings are: 1) The easement was conveyed to the public for a public road in October 1959; 2) The roads within Stanley Heights Subdivision are private and the Property Owners Association has stated that they would not grant any additional public access to the subdivision; 3) Public use of the easement for multi-purpose, non-motorized use and public utilities serving the area continues; 4) Private use of the easement for motorized access by Mrs. William Lober continues.

Jim Martell, attorney representing the applicant, noted that Mrs. Lober has over 200 ft. of frontage along Devil's Gulch Road, so it is not a problem for her to obtain access to a public road. Mr. Martell continued that the roads within the Stanley Heights Subdivision are private roads and having a public road on the Gibbs property does not make sense because it does not go anywhere and if it is left open access, it is going to be difficult to determine who can use this road and may encourage trespassing. Mr. Martell stated that the Gibbs have no problem granting an easement for the existing water line for the Town of Estes Park and they are requesting that the easement be vacated in its entirety. Chair Olson asked why the property owners want to do this; Mr. Martell responded that they want to have control over their property and limit the access on this road and he noted that the entire area supports this application. Alan Aspinall, President of the Stanley Heights Property Owners Association, stated that the Association supports this vacation. Buzz Shagman stated that he is totally in support of the abandonment.

Questions from the Board and discussion followed and the conditions of the staff recommendation for approval of the Gibbs Easement Vacation, subject to reservation of an easement for existing utilities, were revised as follows: 1) That Mrs. William Lober, property owner to the west who uses the existing easement for a private access drive, be granted a non-exclusive easement for private access. The easement granted to Mrs. William Lober for continued use of the road for a private access would need to run in perpetuity with the land; this would allow for continued use of the easement; 2) The easements and agreements shall be submitted to the Planning Department within 60 days of Board of County Commissioners' action. These documents shall be approved as to form by the County Attorney prior to recording.

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners adopt the staff findings and staff recommendation and approve the Gibbs Easement Vacation (#97-SA1132), with the conditions as revised and outlined.

Motion carried 2-0.

The hearing recessed at 3:55 p.m.

CONTINUATION OF LAND-USE HEARING

(#394 & Side B of #393)

The Board of County Commissioners reconvened at 7:00 p.m. for a public hearing with Russell Legg, Chief Planner. Chair Olson presided and Commissioners Clarke and Disney were present. Also present were: Marc Engemoen, Director Public Works; K-Lynn Cameron, Open Lands Manager; Deni LaRue, Community Information Manager; Tom Clayton, CSU Fall Intern; and Jeannine Haag, Assistant County Attorney. Recording Clerk, Sherry Graves.

Mr. Legg stated that the request before the Board tonight is to consider a proposed amendment of the Subdivision Resolution and adoption of Community Park Land Dedication/in-lieu fee standards, Regional Park Land dedication/in-lieu fee standards, County Transportation Capital Expansion Fee Regulations, and Regional Capital Expansion Fee Regulations for unincorporated Larimer County and he reviewed the background and extensive studies completed prior to this request. Mr. Legg informed the Board that included in the staff report are letters from the Cities of Loveland and Fort Collins in support of these proposed impact fees, even though they had several concerns, which he reviewed. Questions from the Board and discussion ensued.

Staff findings include: 1) The proposed fee standards and regulations are consistent with the Larimer County Master Plan adopted November 1997 and were included in the Action Plan of that document; 2) The Transportation Master Plan and Transportation Capital Expansion Fee and Park In-Lieu of Study dated October 1998 are supporting documents and provide essential data and justification of the proposed standards, fees and in-lieu fees. Mr. Legg stated that the staff recommendation is that the effective date of these regulations shall be February 15, 1999 in order to support the concerns expressed by the home builders association and the implementation of the new Sierra system makes it impossible for the fees to be effective immediately and the Public Works Division has not established the fee administrator process; he noted that the Planning Commission recommendation is for the fees to become effective immediately.

Mr. Engemoen reviewed the recently adopted Larimer County Transportation Plan, which assessed existing transportation needs and projected 20 years in-the-future needs; he noted that current improvement needs are estimated at $89.5 million and future road improvement needs are estimated at $94.2 million, for a total cost of $190 million. Mr. Engemoen stated that Capital Expansion fees or impact fees can be used to purchase capacity improvements needed by future growth, but cannot be used to pay for current deficiencies. Mr. Engemoen reviewed the plans for implementation of the capital expansion fees for transportation, noting that they are proposing two different fees, one for the regional road system and a county-wide fee to be used to pay for the arterial and collector roads; he noted that regional road fees are affected by development occurring within the cities and should be collected from all new development in the cities, towns, and county. Mr. Engemoen stated that the county-wide road fees will be applied only within the unincorporated areas of Larimer County; he compared the proposed fees with those fees charged by the Cities of Fort Collins and Loveland.

K-Lynn Cameron reviewed the proposed Regional and Community Park Fees; she noted that there is a park fee system in place now, adopted by the County in 1983, which has not been changed since that time. Ms. Cameron stated that the proposed Regional fees will be collected county wide and can only be used for land acquisition and not for capital improvements or development of a park; she noted that the Community Park fees will be collected within the Growth Management Areas (GMA) of the cities. Ms. Cameron reviewed the regional park fees, which are proposed at $701.00 for a single family home. Ms. Cameron noted that the Planning Commission is recommending that only 75% ($525.75) of the proposed fees be collected because, in going through the public process, a figure of approximately $500.00 was discussed with the citizens; however, the Open Lands Board is recommending that 100% of the fee be collected. Ms. Cameron stated that the neighborhood community park fees are based on current level of service; she explained the difference between a regional park (Horsetooth Mountain Park, Boyd Lake Park, Lory State Park) which draws from a region, a community park (a larger city park serving a large community), and a neighborhood park (a smaller park serving a neighborhood.

At this time the hearing was opened for public comment and the following persons addressed the Board: Jana Six and Joan Boes. Ms. Six stated that she is very excited and very supportive of these proposed fees and would like to see these fees added to the land use code; she offered several suggestions: 1) Increase time span of spending the money to 10 years to have flexibility; 2) Make written provisions to look at bike lanes; 3) Review fees every 2 years instead of 5; 4) Require the 100% regional park fee from the beginning. Ms. Six stated that studies show that the cost of growth per resident for the County is between $15,000 and $30,000. Ms. Boes, representing the League of Women Voters, stated that last March the League adopted a local planning position supporting the principle that the cost of capital improvements resulting from growth should be borne by those who benefit from them; therefore, they are very interested in appropriate impact fees and encourage the County to continue exploration of expanding the kinds of impact fees that Larimer County needs to service additional development while maintaining a good quality of life for all residents. Mr. Engemoen and Mr. Legg responded to the four suggestions made by Ms. Six. Commissioner Disney stated that, in his opinion, the review of these fees should be annual rather than every two years; the Board instructed staff to have an administrative review of the fee structure on February 15, 2000.

After much discussion, the Planning Commission/staff recommendations of October 6 and October 21, 1998 were revised as follows: 1) Adopt by resolution the County Transportation Capital Expansion Fee Regulation dated September 25, 1998; 2) Adopt by resolution the County Regional Transportation Capital Expansion Fee Regulations dated September 28, 1998; 3) Amend Section L of the Regional Transportation Capital Expansion Fee Regulation and Section K of the County Transportation Capital Expansion Fee Regulation to be reviewed every two years; 4) These fees shall be effective February 15, 1999; 5) Amend Section 7.1, 7.2(A), (B), (D), (E), 7.3 and 7.5 of the Larimer County Subdivision Resolution regarding park land dedication standards, proposed requirements, in-lieu of fees and limitation on use ofd fees by adopting Community Park Land Dedication/In-Lieu Fee Standards Regulation dated 9/28/98 and Regional Park Dedication/In-Lieu Fee Standards Regulation dated 10/9/98; 2) The Regional Park Dedication/In-Lieu fee amount shall be 75% of the recommended $701.00 ($525.75) until May 15, 1999 and then increase to $701.00; 3) The title of the chart on Page 7 of the Community Park Land Dedication/In-Lieu fee standards shall be amended to read acres/unit by GMA/Estes Valley Recreation District Area.






M O T I O N

Commissioner Clarke moved that the Board of County Commissioners approve the Planning Commission recommendations of October 6 and October 21, 1998, as revised and outlined above, and instruct staff to change Section M on Page 13 in the Community Park Land Dedication/In-Lieu Fee Standards and Section M on Page 12 in the Regional Park Land Dedication/In-Lieu Fee Standards to read "…these regulations will be reviewed at least once every two years…", and direct staff to change the first sentence in Section G in both aforementioned documents under #1 titled "Option by Subdivider", to read "At the time of filing a preliminary plat for a residential subdivision, the subdivider shall either …" rather than may either.

Motion carried 3-0.

The hearing adjourned at 9:10 p.m.

TUESDAY, NOVEMBER 10, 1998

ADMINISTRATIVE MATTERS

(#396)

The Board of County Commissioners met at 9:00 a.m. in regular session with Frank Lancaster, County Manager. Chair Olson presided and Commissioners Clarke and Disney were present. Also present were: Lisa Dunn, Project Engineer; Deni LaRue, Community Information Officer; Donna Hart, Administrative Manager; and Tom Clayton, CSU Intern. Recording Clerk, Gael Cookman.

1. OPEN SESSION FOR PUBLIC COMMENT: Lloyd and Mary Ann Olson presented the Board with a petition signed by members of their neighborhood requesting that speed bumps and a street light be installed on Cherry Street. Mr. Olson explained that he feels Cherry Street has become a drag racing haven for many motorists and that there is inadequate lighting on the street which he feels presents a dangerous situation. Mr. Olson suggested the County consider installing speed bumps or humps and a street light in conjunction with the Irish/Hollywood Stormwater Project that has been approved for this area. The Commissioners all agreed that the lighting in this area is inadequate, and they also noted that the Police and Sheriff's Departments have little, if any, jurisdiction in this area; however, they stated that the County could not provide a street light as the County does not provide this type of service and has no means to pay for street lights. In addition, Commissioner Disney noted that if the County installed a street light on Cherry Street, then the Commissioners would receive numerous requests to install street lights in other unincorporated areas throughout the rest of the County, which the County could not accommodate. Commissioner Clarke stated that the Olsons should consider creating a coalition with their neighbors and petition the City to annex their neighborhood into the City limits; he also suggested that the Olsons confer with the Poudre School District to see if they would install a street light on their side of Cherry Street. Ms. Dunn explained that adding speed bumps to the road would hinder proper drainage; however, she felt that they could look at the possibility of engineering some dips in the road which would hopefully discourage speeding in the area.

2. APPROVAL OF MINUTES FOR WEEK OF NOVEMBER 2, 1998: Commissioner Clarke did not participate in approving the Minutes as he was out of town during the week of November 2, 1998.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the Minutes for the week of November 2, 1998, as submitted.

Motion carried 2-0.

3. APPROVAL OF SCHEDULE FOR WEEK OF NOVEMBER 16, 1998:

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners approve the Schedule for the week of November 16, 1998 as submitted and revised.

Motion carried 3-0.

4. APPROVAL OF CONSENT AGENDA:

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the following documents as listed on the Consent Agenda for Document Review on November 10, 1998:

PETITIONS FOR ABATEMENT AND REFUND OF TAXES, as recommended by the County Assessor, were approved for the following: GR Spencer Construction; Bayer Corp.; Marjorie Weitkamp; Robert L & Helen Bland; Billy F & Teri D. Morris; David F. & Sheryl L. Followill; Ripsam Manufacturing; Charles H. & Sharon C. Spicka; Steve Schroeder; Margaret Ann Dedecker; and Joe S. Cordova.

MISCELLANEOUS DOCUMENTS: 1998 Third Quarter Report from Public Trustee. LIQUOR LICENSES: A license was issued to the Fort Collins Moose Lodge #275 - 6% - Fort Collins, CO. County approval for renewal of liquor licenses was granted to the Mishawaka Inn - 6% - Bellvue, CO. and Youngs Liquor, Inc. - 6% - Fort Collins, CO.

A98-171 AMENDMENT TO THE DEVELOPMENT AGREEMENT RELATING TO DEVELOPER'S OBLIGATIONS IN THE RED ROCK ESTATES RURAL LAND PLAN (fka Linder/Hirata Rural Land Plan) BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND GEORGE T. & CAROL S. HIRATA, ROLAND E. AND HELENE D. LINDER

C98-64 DEINSTITUTIONALIZATION PROJECT CONTRACT BETWEEN THE BOARD OF COUNTY COMMISSIONERS FOR THE USE AND BENEFIT OF LARIMER COUNTY HUMAN SERVICES AND THE STATE OF COLORADO FOR USE AND BENEFIT OF THE DEPARTMENT OF HEALTH CARE POLICY AND FINANCING

C98-65 CONTRACT/AGREEMENT FOR SOFTWARE APPLICATION DEVELOPMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND FIVER SYSTEMS (Sales Tax Monitoring System)

D98-18 RELEASE OF MORTGAGE DEED FOR BONNELL WEST PUD

R98-178s RESOLUTION REGARDING RELEASE OF COLLATERAL FOR BONNELL WEST PUD - FILINGS 1-4

Motion carried 3-0.

5. WORKSESSION:

- Mr. Lancaster explained that the Board would need to rescind the flu shot policy which previously approved the County paying a portion of the cost for employee flu shots.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners rescind the County Flu Shot Policy, as approved by the Board on October 13, 1998.

Motion carried 3-0.

- Mr. Lancaster explained that Community Corrections had requested the Commissioners eliminate the citizen review portion of screening Federal referrals in order for Federal referrals to participate in our rehabilitative efforts; he noted that Larimer County's policy is to have all potential halfway house participants screened by staff and then by a citizen review group in order to be accepted into the program, however, the Federal Government does not allow for citizen review of their inmates. Mr. Lancaster noted that Federal Government referrals would still be screened by staff at Community Corrections and they felt this would be sufficient. CONSENSUS OF THE BOARD was to allow this change in procedure.

- Ms. Hart reviewed pending invitations with the Board.

- Mr. Lancaster noted that he had three documents for the Board's signature; the first involved appointing Donald Charles McLaughlin, Jr. as Deputy District Attorney; the second involved appointing Andrew J. Lewis as Deputy District Attorney; and the third was a Resolution Establishing Compensation for District Attorney Appointed Officials.

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners approve the Resolution Establishing Compensation for District Attorney Appointed Officials and approve the appointments of Donald Charles McLaughlin, Jr. and Andrew J. Lewis as Deputy District Attorneys.

Motion carried 3-0.

R98-179g RESOLUTION ESTABLISHING COMPENSATION FOR DISTRICT ATTORNEY APPOINTED OFFICIALS

6. COMMISSIONER REPORTS:

- Commissioner Clarke explained that he would be giving an hour and a half presentation at CCI regarding public participation and he asked if either Chair Olson or Commissioner Disney would like to attend and speak as well. Chair Olson stated she would be there and would be happy to speak.

- Commissioner Disney noted the he attended a Transportation meeting regarding the relocation of train routes; he explained that interested parties might want to visit the Transportation Department's interactive website at www.NFRTAFS.org to give their opinions on this subject. Commissioner Disney also noted that there will soon be a link to this site from the County's web site. Commissioner Disney also stated that he and Mr. Lancaster had lunch with Rich Widmer, the new Estes Park Town Administrator, and he felt it was a productive luncheon.

7. The item concerning Allocation of Additional Transit Funding for 1999 was removed from the agenda.

8. LEGAL MATTERS: At this time County Attorney George Hass, Assistant County Attorney Jeannine Haag and Planning Director Larry Timm joined the meeting for Legal Matters.

- Mr. Hass explained that he needed specimen signatures from the Chair and the Attesting Clerk and a copy of the County Seal for file on the Bond Issue regarding the Loveland Hospital.

- Ms. Haag requested the Board formally withdraw the portion of the Land Use Code the pertains to the animal issues that were discussed on Thursday, November 5, 1998.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners withdraw those elements of the Land Use Code regarding animals and animal units effective November 5, 1998, and that the existing animal regulations are to remain in the proposed Land Use Code.

Motion carried 3-0.

Mr. Timm stated that he will be forming a group of citizens to brainstorm the process of how to address the animal issues in conjunction with the Land Use Code and he would bring back their ideas to the Commissioners during a worksession or Land Use Meeting.

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners go into Executive Session to discuss possible litigation.

Motion carried 3-0.

The Executive Session adjourned at 11:00 a.m. and no action was taken; subsequently, the discussion item with GIS followed in a worksession.

________________________________________

CHERYL OLSON, CHAIR

BOARD OF COUNTY COMMISSIONERS

MYRNA J. RODENBERGER

LARIMER COUNTY CLERK & RECORDER

( S E A L )

ATTEST:

___________________________________

Sherry E. Graves, Deputy County Clerk

___________________________________

Gael M. Cookman, Deputy County Clerk