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PROCEEDINGS OF THE BOARD OF COUNTY COMMISSIONERS
MONDAY, DECEMBER 7, 1998
The Board of County Commissioners recessed from their Worksession
with the Planning Department Staff to go into Executive Session.
Chair Olson presided and Commissioner Disney was present.
Also present were: Larry Timm, Director of Planning; Al Kadera,
Planner II and Jean O'Connor, Planning Department Senior Secretary;
Frank Lancaster, County Manager; and Jeannine Haag, Assistant
County Attorney. Recording Clerk, Sherry Graves.
M O T I O N
Commissioner Disney moved that the Board of County Commissioners
go into Executive Session at 10:20 a.m. for discussion of possible
contract negotiations and to seek legal advice.
Motion carried 2 - 0.
Commissioner Clarke joined the Executive Session at 10:30 a.m.
The Executive Session ended at 11:25 a.m.; no action taken.
The Board of County Commissioners met at 2:00 p.m. with Janelle
Henderson, Director of Natural Resources, to discuss Landfill
and Transfer Station rate increases. Chair Olson presided and
Commissioners Clarke and Disney were present. Also present was:
Frank Lancaster, County Manager. Recording Clerk, Gael Cookman.
Ms. Henderson presented the proposed Landfill and Transfer Station
rates for 1999 explaining that the increase in rates is being
proposed in order to offset inflation and to eliminate the "odd
cent" charges that have resulted from a reduction in the
State solid waste surcharge. Ms. Henderson explained that previously
the State solid waste surcharge was either ten, twenty or thirty
cents depending upon the type of waste or type of vehicle; however,
in July of 1998 the State lowered the surcharge to either seven,
thirteen, or twenty cents, which has resulted in several odd-cent
charges that are slowing down transactions at the landfill gate.
Ms. Henderson noted that the proposed rate increases range from
three to six percent and they are scheduled to take effect January
1, 1999.
Gary Nation addressed the Board during public comment stating
that he believes that the County would like to see the landfill
stay open longer; however, the waste being diverted by some hauling
companies is causing a shortage in revenue. Mr. Nation suggested
that the Commissioners decide which is more important - extending
the life of the landfill or increases in revenue; he also stated
that it will not be economical for him to continue to haul his
own trash if the rates are increased and suggested that the Natural
Resources staff consider adjusting their hours of operation or
cutting staff or programs to make ends meet.
Ms. Henderson explained that the landfill is supported with an
enterprise fund and that no tax dollars are used to support its
operations; she noted that in order to keep all programs in place
they will need to raise rates. Ms. Henderson also explained that
the proposed rates are very reasonable and well below the competition.
Matt Gallegos with Gallegos Sanitation Inc. addressed the Board
with two questions: 1) Why did the compacted price costs increase
by six percent, and 2) Would it be possible to have the rate increase
go into effect on February 1st, rather than January
1st as they are required to give some of their customers
at least 30 days notice?
Ms. Henderson explained that they had performed an extensive waste
characterization study which indicated that the compacted trash
accounted for most of the density placed in the landfill and the
six percent increase in rates will allow compensation for this
density.
Some discussion followed regarding whether or not the new rates
should take effect in January or February and how the waste haulers
should be notifying their customers. Since there has been public
notice published in the papers and the waste haulers did have
time to inform their customers of a potential increase in rates,
the Commissioners agreed that the rate increase should take effect
January 1, 1999.
M O T I O N
Commissioner Clarke moved that the Board of County Commissioners
adopt and institute the Landfill and Transfer Station rates as
proposed by staff, effective January 1, 1999.
Motion carried 3-0.
The hearing recessed at 2:35 p.m.
The Board of County Commissioners reconvened at 3:00 p.m. in regular
session with Larry Timm, Director of Planning. Chair Olson presided
and Commissioner Disney was present. Also present were: Sean
Wheeler, Planner I; Rex Burns, Project Engineer; and Jeannine
Haag, Assistant County Attorney. Recording Clerk, Sherry Graves.
Chair Olson stated that the following are consent items and will
not be discussed in detail unless requested by the Commissioners
or members of the audience.
1. AMENDED PLAT OF LOTS 1, 2, 3, 4 AND 10 OF BLOCK 20C OF THE
RAMONA HEIGHTS SUBDIVISION (#98-S1325): 28-10-73 - OFF
POCOHANTAS HIGHWAY NEAR RED FEATHER LAKES IN THE
RAMONA HEIGHTS SUBDIVISION; .57 ACRES+; 5 LOTS; O-OPEN
ZONING
This is a request for an amended plat to combine Lots 1, 2, 2,
3 and 10 of Block 20C within the Ramona Heights Amended Subdivision;
said combining of lots will result in one lot being approximately
.57+ acres in size. 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 1, 2, 3, 4 and 10 of Block 20C within the Ramona Heights
Amended Subdivision, subject to the following condition: 1) All
corrections, as indicated above, shall be shown on the Final Plat
prior to recording.
2. ROLLING HILLS 4TH FILING, LOT 2 RIGHT-OF-WAY VACATION
(#98-S1319): 18 & 19-08N-70W ON THE NORTH SIDE OF CR 54G,
SOUTH OF SH287 IN LAPORTE; 1 LOT; R-RESIDENTIAL ZONING
This is a request to vacate a 60' right-of-way easement along
the west side of the property located at 4916 Pueblo Drive in
LaPorte. Staff findings are: 1) The proposed easement vacation
is in compliance with the Larimer County Master Plan, the Larimer
County Zoning Resolution, and the Larimer County Subdivision Resolution;
2) The easement vacation is compatible with other development
in the surrounding area; 3) Approval of the easement vacation
will not result in any significant impacts to neighboring properties,
the natural environment, or the provision of services and infrastructure;
4) Property values in the surrounding area would not be adversely
affected by the amended plat. The staff recommendation is for
approval of the Vacation of the Right-of-Way along the south-west
portion of the property located at 4916 Pueblo Drive in LaPorte,
not to include any portion of existing utility easements.
M O T I O N
Commissioner Disney moved that the Board of County Commissioners
adopt the staff findings and staff recommendations and approve
the Amended Plat of Lots 1, 2, 3, 4 and 10 of Block 20C of the
Ramona Heights Amended Subdivision (#98-S1325) and the Rolling
Hills 4th Filing, Lot 2 Right-of-Way Vacation (#98-S1319);
each, with conditions as outlined.
Motion carried 2-0.
The hearing recessed at 3:05 p.m.
The Board of County Commissioners reconvened at 7:00 p.m. in regular
session with Larry Timm, Director of Planning. Chair Olson presided
and Commissioners Clarke and Disney were present. Also present
were: Rob Helmick, Senior Planner; Sean Wheeler, Planner I; Jeannine
Haag, Assistant County Attorney, Rex Burns, Project Engineer;
and Marc Engemoen, Director of Public Works. Recording Clerk,
Gael Cookman.
Commissioner Disney noted that the Willow Ridge PUD was scheduled
to be discussed secondly and he requested that the Board address
this item first in order to allow the citizens that drove from
Estes Park the opportunity to make their long drive home at a
decent hour. Commissioners Olson and Clarke concurred.
M O T I O N
Commissioner Disney moved that the Board of County Commissioners
change the order of the scheduled items and discuss the Willow
Ridge PUD first and the Waterdale Rezoning second.
Motion carried 3-0.
1. WILLOW RIDGE PLANNED UNIT DEVELOPMENT MASTER PLAN &
PRELIMINARY PHASE PLAN & 40 ACRE RULE VARIANCE
(#96-MS0940): NW ¼ 02-04-73 - SOUTHWEST OF MARY'S LAKE ROAD
(CR67) & ½ MILE FROM CR 65, NORTHWEST OF MARY'S LAKE;
16.5+ ACRES; 8 LOTS; E-ESTATE ZONING
This is a request for a Planned Unit Development Master Plan and
Preliminary Phase Plan, to divide 16.5 acres into 8 lots for single
family residential use, and a variance from the minimum 40 acre
requirement of the E-Estate Zone for a residential PUD. Staff
findings include: 1) The proposed Willow Ridge PUD Master Plan,
Preliminary Plan & 40 Acre Rule Variance is consistent with
the Larimer County Comprehensive Plan and the Estes Valley Plan;
2) The proposal is harmonious with the surrounding neighborhood;
3) The proposal is supported by various review agencies; 4) The
proposal is consistent with the Larimer County Planned Unit Development
Resolution.
Mr. Wheeler noted that the Biological Survey Requirements have
been satisfied, therefore that stipulation has been removed from
the conditions.
Paul Kochever, Engineer for the applicant Crystal Creek Development,
briefly described the application and explained that the PUD process
was chosen to divide the property so the homes would be clustered;
he noted this would keep disturbance of the wetlands to a minimum
and would also assist in preserving open space. Mr. Kochever
noted that they are asking for a variance to the 40 Acre Rule
and that they are requesting eight lots rather than the six recommended
by the Planning Commission as the eight lots would be more economical
for their development. Mr. Kochever noted that there is some
concern over the wetlands in the area; however, he explained that
they have worked with the Army Corps of Engineers and their proposed
lot plan is within the Corps of Engineers' regulations pertaining
to wetlands.
Chair Olson opened the meeting for public comment and Warren Donahue,
a property owner just west of the proposed development site, addressed
the Board stating that his major concern is to preserve the wetlands,
and he also wished to know how the applicant has considered controlling
the lighting at night. Mr. Donahue stated that he would support
six lots for this area, but that eight lots seem to be too much
with consideration of the wetlands. Finally, Mr. Donahue stated
that the developer should be aware of the vicious winds in the
area which should be taken into consideration when constructing
homes.
John Witherspoon, who also lives just west of the proposed development
site, stated that at the Planning Commission meeting Mr. Kochever
stated that they would accept the limitation of six lots and now
they are asking for two more lots. Mr. Witherspoon stated he
does not think this is right and requested that the Board accept
the Planning Commission's recommendation of six lots; he also
stated that he would like to see the rest of the surrounding land
be designated as a land trust and not be further developed.
Mr. Kochever explained that at the Planning Commission meeting they decided to accept the vote for six lots because they knew they had to come before the Board for final approval and did not want to prolong the process more than necessary. Commissioner Disney requested further explanation on why this application was submitted as a PUD since it clearly violated the 40 acre rule. Mr. Wheeler explained that when the application was first submitted, both the applicant and Planning staff discussed which would be the best way to develop the land; he noted that six full size lots would have a more devastating impact to the wetlands, therefore, by using the PUD process they could cluster the homes and allow two more lots. Mr. Wheeler also stated that under the PUD process they could restrict the use of fences which would preserve grazing areas for the elk in this region.
Helen Donahue requested to address the Board.
M O T I O N
Commissioner Disney moved that the Board of County Commissioners
re-open the public comment session of the hearing.
Motion carried 3-0.
Mrs. Donahue asked why the six units could not be clustered even
if the developer was to use the subdivision process rather than
the PUD process; she also suggested that in the future, the County
should bring in the EPA and the Corps of Engineers in order to
better address the wetlands issues.
Mr. Kochever stated that they could cluster under the subdivision
process, but they would not be required to; he explained that
another advantage to using the PUD process would be the creation
of a homeowners association and that if any of the property owners
were having problems with the wetlands, the mitigators would just
have to deal with the homeowners association as opposed to dealing
with each and every property owner.
Under discussion, Commissioner Clarke stated that there were advantages
to using the PUD process since it would ensure clustering of the
lots and provide designated open space; however, he recommended
limiting the lots to seven as this would allow them to keep all
of the wetlands within the common open space area. Commissioner
Disney noted that since this was a 16.5 acre parcel and the requirement
for using the PUD process was 40 acres, they would have to be
careful about setting a precedent; he also asked if there was
a management plan for controlling noxious weeds. Commissioner
Clarke stated that he was not concerned about setting a precedent
because he feels this is the right thing to do, and if other owners
try to cluster their lots than it better accomplishes the goals
of Planning. Mr. Wheeler stated that the Board may wish to include
a condition pertaining to the night lighting issue and include
the noxious weed management under Condition 5.
After discussion, the Planning Commission/Staff recommendation
and conditions of approval for the Willow Ridge PUD Master Plan
& Preliminary Phase Plan were amended to include seven lots
and variance from the minimum requirement of 40 acres for a residential
PUD in the E-Estate Zone in addition to the following amended
conditions: 1) The Final Plat shall be completed in strict conformance
with the conditionally approved Preliminary Plat, including all
notes, building envelopes, emergency access reservation and dedicated
right-of-way for County Road 67. Easements as shown on the Preliminary
Plat,. And as requested by the utility companies, shall be provided
on the Final Plat; 2) The following notes shall be included on
the Final Plat: a) Streets in this development shall not be maintained
by Larimer County. Maintenance of the streets shall be the responsibility
of the property owners; failure to maintain these facilities may
result in a lien being placed on these lots; b) 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 Planning 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;
c) Engineered footing and foundation plans shall be required for
all construction on these lots; d) All applicable fees shall be
collected at building permit application for new single family
dwellings including but not limited to the Larimer County Park
fees and the off-site road fee; e) Underground utilities shall
be required; f) Rural Issues: 1) Lot owners should be advised
that there is a potential for nuisance conflicts from wildlife
(such as elk, skunks, raccoons and snakes). Lot owners should
be prepared to address wildlife conflicts if they arise; 2) 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 homeowners; such activity must be according to applicable
Federal, State and local rules and regulations; 3) The applicant
shall satisfy all outstanding concerns of the Larimer County Engineering
Department prior to the application being reviewed by the County
Board of Commissioners. Full construction plans for the access
road, a final stormwater drainage report, and an erosion control
report shall be submitted for approval by County Engineering.
Road construction plans must be approved by the Engineering
Department; all plans must be approved prior to recording of the
Final Plat. The final drainage report and erosion control report
shall be prepared according to the specific requirements contained
in the Engineering Departments' comments regarding site specific
information including erosion control, seeding and mulching information,
and as contained in Section 2.4.2 and Section 10 of the Larimer
County Stormwater Management Manual; 4) All improvements for this
development shall be included in a Subdivision Improvements Agreement
(SIA) which shall be secured by appropriate collateral of a type
and amount approved by the County Commissioners. Improvements
shall include roads, street signs, utility extensions, and fire
hydrants. The SIA, along with cost estimates and collateral,
shall be submitted to the Planning Department. These documents
must be approved prior to recording the Final Plat; 5) The applicant
shall revise landscaping notes on the plat to include requirements
for defensible landscaping spaces to be maintained around each
dwelling unit. The applicant shall provide a long-term maintenance
plan for the wetlands and all other open space areas, and a restoration
plan for areas disturbed by construction. These shall include,
but not limited to, information requested by the County Department
of Natural Resources and the U. S. Department of Energy. The applicant
shall also provide a long-term maintenance plan for control of
noxious weeds in the area; 6) The applicant shall identify building
envelopes for all lots adjoining wetlands areas on the Plat, and
add a plat note referencing the envelopes; 7) The applicant shall
comply with fencing prohibitions recommended by the Division of
Wildlife; 8) The applicant shall allow the Colorado Natural Heritage
Program to conduct a targeted inventory area study; 9) The applicant
shall reconfigure all lot lines so that wetland areas shall be
entirely within the open space areas; 10) The applicant shall
submit an exterior lighting plan which specifies that all exterior
lighting shall be down directed with sharp cutoff and an on/off
switch.
M O T I O N
Commissioner Disney moved that the Board of County Commissioners
approve the Willow Ridge Planned Unit Development Master Plan
as amended and outlined above.
Motion carried 3-0.
2. WATERDALE REZONING (97-MZ1067): NW ¼ 15-07-6; APPROXIMATELY
½ MILE EAST OF I-25, SOUTH OF AND ADJACENT TO HIGHWAY 14
(ADJACENT TO AND EAST OF BOXELDER CREEK); 36.94 ACRES; FA-1
FARMING ZONING
This is a request to rezone the proposed development site for
a mobile home park oriented to serving senior citizens. The site
is currently zoned FA-1 within the Fort Collins UGA. The requested
zoning of M-1 is necessary to pursue approval of a Special Review
for a Mobile Home Park. Only the rezoning is being pursued by
the applicant at this time. The applicant has indicated that
they will pursue the Special Review for the MHP at the time when
the traffic issues in this area have been resolved. Staff findings
include: 1) This application for rezoning of a site from FA-1
to M-1 is not strictly in compliance with the adopted City Structure
Plan. It should be noted however, that the City has indicated
that the proposal is not in conflict with the designation, a future
planning project, the I-25 corridor plan, is anticipated and may
change designations in the area and that the provision of affordable
hosing is a needed and supported proposal at this site. 2) The
existing zoning designation of FA-1 is not consistent with existing
uses or zoning in the area nor would it be compatible with the
future City Structure Plan land uses. Given the rationale stated
above it is appropriate to change the zoning of this site from
FA1 to M-1. 3) The FA-1 zoning district would allow either one
single family dwelling or farming uses at this site. These site
is within the Urban Growth Area and there fore, any redevelopment
of the site would require higher density of development. The
proposed rezoning is a reasonable classification for the site.
4) With certain conditions which address the traffic/road questions
and the design and development standards for the site the request
is consistent with promoting the health, safety, and welfare of
the present and future citizens of Larimer County.
Under discussion of this consent item, Commissioner Disney stated
he was concerned about what the I-25/Highway 14 Interchange Study
might produce and how it would affect this application since a
redesign of the Interchange might include parts of the land in
question; he noted that the current Master Plan does not allow
for any up-zoning , and that the City of Fort Collins does not
provide public transportation to the site. Commissioner Disney
stated that he felt an affordable housing project for senior citizens
was a great idea and much needed, but he wanted to know how he
could be assured that it would remain a project dedicated to senior
citizens.
Lucia Liley, representative for applicant Paul Gallenstein, explained
that the applicant was not a professional developer but he was
a citizen who, for personal reasons, has a passion to provide
affordable housing for senior citizens; she noted that at this
point all they were asking for was a change to the zoning because
they were due to close on the property on December 15, 1998 and
the applicant could not afford to purchase the property if the
zoning level was not appropriate for his future development project.
Ms. Liley noted that the County had nothing to lose by approving
this change in zoning since it was conditioned upon the approval
and completion of a Special Review for a mobile home park, as
described in the application materials submitted with the request.
Ms. Liley explained that the applicant would consider restricting
the use of this property for senior citizens for a fifteen year
period; she also noted that the applicant is well aware of the
traffic problems in this area and he would like to be part of
the solution to these problems. Finally, Ms. Liley noted that
since this parcel is within the City of Fort Collins Urban Growth
Area, the up-zoning restriction should not apply.
Mr. Gallenstein addressed the Board by explaining that his intention
is to provide manufactured homes specifically designed for senior
citizens and that he has contracted a manufacture who has agreed
to modify his homes to include 35 different features all designed
to accommodate senior citizens. Mr. Gallenstein noted that he
feels this project is well planned and much needed and requested
Board approval on the rezoning for this piece of property.
Katherine Williams, Ted Hotchkiss, Robert Gallenstein, Steve Pfister,
and Sandy Coat addressed the Board during public comment all in
support of the project and all stating that affordable housing,
especially for seniors, is desperately needed in Larimer County.
Some discussion took place regarding the fact that the City of
Fort Collins does not want to see the use of gated communities
because they view them as exclusive areas that do not provide
continuity within the City. The Commissioners assured the applicant
that the Intergovernmental Agreement between the City of Fort
Collins and Larimer County specifically states that Larimer County
retains the option of allowing gated communities in their planning
endeavors.
After discussion, the Urban Growth Area Review Board/Staff recommendation
is for approval for the Waterdale Rezoning from FA-1 to M-1 with
the following amended conditions: 1) No Special Review application
for the proposed Mobile home Park will be recommended for approval
until the "regional road study" has been completed and
the results accepted by the Board of County Commissioners. This
shall include at a minimum the identification of needed improvements
and a plan, including funding, for the construction of those improvements.
2) The zoning of this site is conditioned upon the approval
and completion of a Special Review for a mobile home park, as
described in the application materials, submitted with the request.
The Special Review shall include that this property is restricted
for use by senior citizens (age 55 and over) for 15 years. 3)
The issues identified in the letter from the City of Fort Collins,
letter is undated original time stamped on October 8, 1998, from
Robert Blanchard, current Planning Director shall be addressed
by the applicant to the satisfaction of the Board of County Commissioners
at the time of the Special Review for a Mobile Home Park at this
site. 4) If within five years the property has not been submitted
for review and approval of the Special Review identified in Condition
#2, this rezoning will be noticed for a Public Hearing with the
Board of County Commissioners to determine if the zoning should
remain, conditions be modified, or the property rezoned. 5)
There is no intent on the part of Larimer County to exclude the
use and approval of gated communities.
M O T I O N
Commissioner Clarke moved that the Board of County Commissioners
approve the Waterdale Rezoning request as outlined and amended
above.
Motion carried 3-0.
The hearing adjourned at 9:10 p.m.
TUESDAY, DECEMBER 8, 1998
The Board of County Commissioners met at 9:00 a.m. in regular
session with Neil Gluckman, Assistant County Manager. Chair
Olson presided and Commissioners Clarke and Disney and Commissioner-Elect
Rennels were present. Also present were: Greg Pickett, Director
of Parks; Ralph Jacobs, Director of Human Resources; Randy Ratliff,
Interim Mental Health Director; Jim Reidhead, Director Rural Land
Use Center; Donna Hart, Commissioners' Office Staff Services Manager;
Deni LaRue, Community Information Manager; Tom Clayton, CSU Fall
Intern. Recording Clerk, Sherry Graves.
1. OPEN SESSION FOR PUBLIC COMMENT: The following persons
addressed the Board during the open session for public comment:
Kelly Ohlson, Jack Swets, and Jim Crowder. With regard to the
alleged secret illegal meeting on November 30, 1998 at the Egg
& I Restaurant with Commissioner Clarke, Commissioner-Elect
Rennels (current Planning Commission member) and three other members
of the Planning Commission, Mr. Ohlson stated he is very sad
about it because that is not the way we do business in Larimer
County. Mr. Ohlson stated that he thinks Commissioner Clarke
and Commissioner-Elect Rennels should make a public apology.
Commissioner Clarke responded that originally the purpose of
the breakfast was to inform Kathay Rennels of comments he has
heard about the proposed Partnership Land Use (PLUS) Code and
Mr. Salg and Mr. Amos knew of their meeting and then Mr. Dixon
also was having breakfast at the restaurant and came over to their
table and it didn't register that his presence might constitute
a quorum of the Planning Commission and he apologized. Chair
Olson stated that she didn't realize that "three" members
of a group were a quorum, she thought it was a majority of a Board
or Commission. Commissioner-Elect Rennels stated that she thought
a quorum of the Planning Commission was "five" since
there are "nine" members on the Planning Commission;
she noted that the purpose of the meeting was for Commissioner
Clarke to update her on what he has been hearing from disgruntled
citizens about the Code as she feels it is a disservice to the
citizens of the County not be informed.
Mr. Swets informed the Board that he could not find the copy of
the East Coast Code which includes a section on agricultural entertainment,
which he discussed with the Board in open session on November
24, 1998. Mr. Swets asked the Board if they were able to get
any information on the cell tower adjacent to his property or
the County's reservation going through his garage. Chair Olson
responded that the applicants for the cell tower came in for Concept
Technical Review, but never came back for the next step. Mr.
Swets stated that he was told that their permit was denied and
so they cancelled their contract with him. Chair Olson stated
that she received an E-Mail regarding the reservation going through
his garage and it stated that the right-of-way was there before
he built the garage. Mr. Swets stated that he would bring the
Board a copy of his plat. Chair Olson stated that there shouldn't
be a problem unless the road is widened or he sells his house.
Commissioner Disney suggested that maybe the County Surveyor
should survey this property. Mr. Swets stated that he is deeply
concerned about the way the County does things and there are going
to be numerous problems in the future; he cautioned the Commissioners
to listen to the landowners in the County.
Mr. Crowder stated that he has lived in Larimer County for over
30 years and during that time there have been some good Commissioners,
but he has never seen three Commissioners more cooperative, hardworking,
courteous and fair than the current Board and he thanked them.
Mr. Crowder came today to talk to the Board about development
reviews by ditch companies as there has been a change in attitude
and approach on their reviews; he stated that he is not asking
for any short cuts but he has a Final Plat coming before the Commissioners
later this morning and he needs to be able to record it in a timely
manner and because the Handy Ditch Company has ignored the referral
sent to them, his development is being delayed and it is not fair.
Mr. Crowder stated that the ditch companies are trying to use
these referrals as a way to generate a stream of revenue for ditch
improvements; he noted that they want to charge each developer
$250 per lot as a general impact fee and payment of legal fees.
The Board assured Mr. Crowder that they will discuss this situation
with County Attorney George Hass, Assistant County Attorney Jeannine
Haag, and planning staff and report back to him.
2. APPOINTMENTS TO THE FAIRGROUNDS TASK FORCE: Mr.
Pickett requested that the Board formally appoint the members
who have been working on the Fairgrounds and Events Center Committee
to the Fairgrounds and Events Center Task Force to continue to
work on Phase II, with the provision that the membership of the
Task Force can be increased.
M O T I O N
Commissioner Clarke moved that the Board of County Commissioners
appoint J. D. Wiant, Steve Humann, Roger Kenney, Bob Starman,
Rita Greene, Loren Maxey, Danny Davis, Mike DiTullio, Judy Barth,
Dan King, Evelyn King, Ceci Green, Bob Schmidt, and Gary Hausman
to the Fairgrounds and Events Center Task Force, Part II.
Motion carried 3-0.
3. APPROVAL OF MINUTES FOR WEEKS OF NOVEMBER 23 AND 30, 1998:
M O T I O N
Commissioner Disney moved that the Board of County Commissioners approve the Minutes for the weeks of November 23 and 30, 1998, as submitted.
Motion carried 3-0.
4. APPROVAL OF SCHEDULE FOR WEEK OF DECEMBER 14, 1998:
M O T I O N
Commissioner Clarke moved that the Board of County Commissioners
approve the Schedule for the week of December 14, 1998, as submitted.
Motion carried 3-0.
5. 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
on Document Review for December 8, 1998:
MISCELLANEOUS DOCUMENTS: Final Plat for Bonnell West PUD,
5th Filing; Final Plat for Lovata Rural Land Plan;
Request for Restoration of Positions RB-13033, RB-13003, RB-13047,
RB-01004, RB-13038, and RB-13037 to the Road and Bridge Department
staffing document and to restart the 9-Month Vacancy Clock on
Position RB-01003, formerly occupied by John Medlin; Authorization
for Chair to approve consulting services with ERA to perform a
Market Research, Financial Feasibility, and Economic Impact Analysis
for the proposed Larimer County Fairgrounds & Events Center
in the amount of Fifty Thousand Dollars ($50,000) upon approval
by County Attorney; Amended Plat of Glacier View Meadows Subdivision,
Lots 65 & 73, 12th Filing; Amended Plat for Glacier
View Meadows Subdivision, Lots 219 & 220, 12th
Filing; Amended Plat of Crystal Lakes, Lots 48 & 49A, 11th
Filing; Amended Plat of Wild Goose Ranch, Lots 5 & 6; Hammond
Amended Exemption; Amended Plat of Audrey's Acres MRD, Tract B;
Lot Sale Restriction for Lots 1 and 2, Liebl MRD #95-EX0652.
LIQUOR LICENSES: County approval for renewal of liquor
licenses was granted to the Spanish Manor - 6% - Fort Collins,
CO.; Indian Meadows Resort, LLC - 6% - Bellvue, CO.; and Masonville
Store - 3.2% - Masonville, CO.
PETITIONS FOR ABATEMENT AND REFUND OF TAXES, as recommended
by the County Assessor, were approved for the following: Western
Tele Communications, Inc.; Amer Bench Outdoor Promotions; Leasepartners
Corp.; Richard Hardy; Evaristo & Josephine Najera; Guy Pratt
& Scott & Linda Deits; Thomas Goll; William & Sandra
Greybar; Everwest; Lagunitas Landings, Inc.; Cathy Heidiger/ Lyndia
Collister & Shannon Weck; Sterling Ainsworth/ Patricia Pilia;
Gerald & Evonne Meyer; Palmer Retail, LLC.; Estes Park Auto
Parts/Dennis Hunter; Hydra Warehouse/Ken White; Imu Tek Animal
Health, Inc.; and Mountain States Manufacturing.
A98-178 DEVELOPMENT AGREEMENT BETWEEN THE BOARD OF
COUNTY COMMISSIONERS AND MELVIN & BERNICE LOVATA
(Developer's Obligations in the Lovata Rural Land Plan)
A98-179 SUBDIVISION IMPROVEMENT AGREEMENT BETWEEN THE
BOARD OF COUNTY COMMISSIONERS AND JAMES & PAMELA
LIEBL (Liebl MRD #95-EX0652)
A98-180 SUBDIVISION IMPROVEMENTS AGAREEMENT BETWEEN THE
BOARD OF COUNTY COMMISSIONERS AND LIBCO, INC.
(Developer's Obligations in Bonnell West PUD,
Fifth Filing)
C98-68 CONTRACT BETWEEN THE BOARD OF COUNTY
COMMISSIONERS AND DUCKELS CONSTRUCTION, INC. OF
STEAMBOAT SPRINGS IN ROUTT COUNTY (Recommendation
for Speed Limit Change on CR 24E and CR 111C)
C98-69 FIRST AMENDMENT TO CONTRACT FOR REMOVING SNOW
REMOVAL AND RATE MODIFICATIONS FOR THE STREETS OF
NAMAQUA HILLS GID, NO. 8
C98-70 CHANGE LETTER NO. 2 TO CDBG CONTRACT #97-755 BETWEEN
LARIMER COUNTY POST OFFICE, BOX 1190, AND STATE OF
COLORADO FOR THE USE AND BENEFIT OF THE DEPARTMENT
OF LOCAL AFFAIRS (Extending Time & Adding Additional Funding for
Housing Funds for Home Ownership Program)
D98-20 DEED OF DEDICATION OF PROPERTY FOR ADDITIONAL RIGHT-
OF-WAY FOR CR19 FROM MAURA T. AND GEORGE J. O'LEARY
(LAST STAND STABLES)
R98-183s FINDINGS AND RESOLUTION APPROVING AN AMENDED PLAT
AND VACATION OF UTILITY EASEMENT IN GLACIER VIEW
MEADOWS SUBDIVISION 12TH FILING (To combine Lots 65 & 73
and vacate one 20-foot existing utility easement along the common lot
line)
R98-184s FINDINGS AND RESOLUTION APPROVING AN AMENDED PLAT
AND VACATION OF UTILITY EASEMENT IN GLACIER (To
combine Lots 219 and 220 and vacate a 20-foot
existing utility easement)
R98-185s FINDINGS AND RESOLUTION APPROVING AN AMENDED PLAT
AND VACATION OF UTILITY EASEMENT IN GLACIER VIEW
MEADOWS 12TH FILING (To combine Lots 76 & 77 & vacate an
existing utility easement)
R98-186z SPECIAL REVIEW FINDINGS AND RESOLUTION APPROVING
THE PETITION OF MONROE EXCAVATION (To allow heavy
equipment storage and maintenance in the O-Open
Zone)
R98-187s FINDINGS AND RESOLUTION APPROVING THE PRELIMINARY
PLAT OF SOUTHLAND CORPORATION PLANNED UNIT
DEVELOPMENT (To divide a 2-acre lot into 2
lots for commercial use)
R98-188s FINDINGS AND RESOLUTION APPROVING THE HIGHLAND
HILLS PLANNED UNIT DEVELOPMENT 4TH
FILING
Motion carried 3-0.
6. WAIVER OF PAYROLL POLICY FOR MENTAL HEALTH: The Board
was requested to approve a waiver of the Larimer County policy
to permit a staggered implementation of the 1999 market based
pay increases for the employees of the Mental Health Center.
Mr. Ratliff stated that when they submitted their budget for
1999, they planned to implement the market rate adjustment on
July 1, 1999; however, after reconsideration of a different approach,
and to give employees a message about their raise, their recommendation
is to implement the market rate in 25% increments quarterly through
the year, beginning on January 1, 1999 and the financial impact
will be the same. Mr. Jacobs informed the Board that they
will be doing an updated market study to verify initial results
obtained.
M O T I O N
Commissioner Clarke moved that the Board of County Commissioners
approve a waiver of County policy to permit a staggered implementation
of the 1999 Market Based Pay Increases for the employees of the
Mental Health Center, as proposed by Mr. Ratliff.
Motion carried 3-0.
7. RECOMMENDATION ON FUTURE OF ECONOMIC DEVELOPMENT ADVISORY
BOARD AND EXTENDING ALL BOARD MEMBERS' TERMS TO EXPIRE JUNE 30,
2001: Mr. Gluckman stated that at the last Economic Development
Advisory Board meeting, options were discussed regarding the future
role of the Board; he noted that they were asked if they would
like to become a subcommittee of the Workforce Investment Board,
but consensus was that would not be an appropriate role. Mr.
Gluckman continued that the members concurred that an on-going
working board was not needed at this time but they would like
to remain intact with the current composition and only meet when
the Commissioners ask them to meet, either on a special project
or to review the Economic Impact Model and it was suggested that
their membership be extended through June 30, 2001.
M O T I O N
Commissioner Disney moved that the Board of the County Commissioners
approve the continuation of the Economic Development Advisory
Board to meet only at the request of the Commissioners and extend
all the current members' terms until June 30, 2001.
Motion carried 3-0.
8. APPOINTMENTS TO THE EXTENSION ADVISORY BOARD: Commissioner
Disney stated that he and Extension Director Laurel Kubin conducted
interviews for the Extension Advisory Board and recommended that
the following 5 applicants be appointed.
M O T I O N
Commissioner Clarke moved that the Board of County Commissioners
approve the following appointments to the Extension Advisory Board:
Kenneth Dubrovin, Bill Kirk, and Bill Orendorff, each for a three-year
term effective June 30, 1998 expiring on June 30, 2001, and Susan
Larson and Gene Ulm to complete unfilled terms to expire June
30, 1999.
Motion carried 3-0.
9. APPOINTMENT TO THE ENVIRONMENTAL ADVISORY BOARD:
Subsequent to conducting interviews, Commissioner Disney stated
that the recommendation is to appoint John Bartholow to fill an
unexpired term on the Environmental Advisory Board.
M O T I O N
Commissioner Disney moved that the Board of County Commissioners
appoint John Bartholow to fill an unexpired term the Environmental
Advisory Board, term to expire June 30, 2002.
Motion carried 3-0.
10. WORKSESSION:
-- Impact Fees: Mr. Gluckman reported that he and Rep.
Steve Johnson and others met with Kimberly-Maevers-Stenberg from
the Northern Colorado Home Builders Association on November 16,
1998 to discuss introducing a Bill regarding impact fees; he stated
that Rep. Johnson was very desirous to ascertain the thoughts
of the homebuilders for sponsoring such legislation. Ms. Maevers-Stenberg
stated that she would take the information to future State meetings
and she did meet with the northern Colorado Homebuilders Association
and others to look at the proposed Bill and they put together
an outline for the meeting on December 19, 1998 with the State
association. As requested by Mr. Gluckman, the Board provided
examples of what the impact fees should be used for-- capital
costs for Parks, additional capacity in campgrounds, picnic areas,
sports areas, trails, etc. and jails for Public Safety.
-- Update on Groundbreaking for Civic Center Parking Structure: Ms. LaRue informed the Board that the groundbreaking for the Civic Center Parking Structure will be at 3 p.m. on Thursday, December 31, 1998 as the kickoff to 1st Night; she noted that there will be representatives from the Downtown Development Authority, City of Fort Collins, and Larimer County and Chair Olson will be the spokesman for the Commissioners. Ms. LaRue asked for suggestions from the Board for the invitation list.
-- Invitations: Ms. Hart reviewed the pending invitations
with the Board.
At this time, County Attorney George Hass, Assistant County Jeannine
Haag, and County Manager Frank Lancaster joined the meeting for
Legal Matters.
11. LEGAL MATTERS:
-- Discussion of What Constitutes an Illegal Meeting: -- Discussion of what constitutes an illegal meeting for the Planning Commission ensued; Mr. Lancaster submitted a copy of the Planning Commission Bylaws which states that five members constitute a quorum. In addition, the Open Meeting Law was read aloud and Mr. Hass stated that the meeting at the Egg and I on November 30, 1998 with Commissioner Clarke, Commissioner-Elect Rennels, and three members of the Planning Commission was not illegal.
-- Discussion of Reservation Through Jack Swets Garage: Chair Olson stated that it doesn't seem that anyone is contesting that the County's reservation does goes through Jack Swets garage and she noted that Commissioner Disney has suggested that our County Surveyor do a survey of the property and she asked for Mr. Hass's opinion. Mr. Hass responded that at this point, it is academic because it won't make any difference until the County expands the road; he continued that if a survey was done originally, Mr. Swets needs to contact that surveyor. The Board asked Mr. Hass to contact Mr. Swets' attorney about the original survey of the property.
-- Handy Ditch Discussion: Chair Olson stated that the
Board approved the Final Plat for Bonnell West early this morning
and Mr. Crowder is concerned that he can't record it until a response
is received from the Handy Ditch Company; she noted that this
is becoming a pattern and asked if the County needs a different
way to deal with the ditch companies. Ms. Haag stated that they
have already started to address the situation by scheduling a
meeting with the Board on December 28, 1998 to discuss changing
the wording in the referral request so a ditch company can't hold
up an application. Commissioner Disney suggested that a meeting
be scheduled with all the ditch companies to explain the changes
that are going to happen.
-- Request for Approval of Documents: Mr. Hass presented
several documents for Board approval and the Chair's signature:
M O T I O N
Commissioner Clarke moved that the Board of County Commissioners
approve a Notice of Assignment of the Louie Swift Contract on
the Fairgrounds property, and authorize the Chair to sign same.
Motion carried 3-0.
M O T I O N
Commissioner Disney moved that the Board of County Commissioners
approve the Chair's signature on a Promissory Note for $217,000
with 5% interest payable in four annual installments of $58,769.13
to Audra L. Hughey, the seller of property to be added on to Horsetooth
Park; this Note is a non-recourse note.
Motion carried 3-0.
M O T I O N
Commissioner Clarke moved that the Board of County Commissioners
approve a Deed of Trust between Larimer County and Audra L. Hughey,
and authorize the Chair to sign same.
Motion carried 3-0.
D98-21 DEED OF TRUST BETWEEN LARIMER COUNTY AND AUDRA L.
HUGHEY (Purchase of property for addition to
Horsetooth Park)
M O T I O N
Commissioner Clarke moved that the Board of County Commissioners
approve an Easement and Right-of-Way Agreement, which is a sewer
easement at the extreme northeast corner of the Ute Snowy Ridge
property, and authorize the Chair to sign same.
Motion carried 3-0.
A98-181 EASEMENT AND RIGHT-OF-WAY AGREEMENT BETWEEN
LARIMER COUNTY AND SOUTH FORT COLLINS SANITATION
DISTRICT
-- Other Questions and Discussion: Commissioner Disney
asked Mr. Hass about the legal ramifications of people threatening
the Commissioners with bodily harm; Mr. Hass stated that discussion
of that subject should be in Executive Session.
-- Ms. Haag discussed short-term nightly rentals in Estes Park
with the Board; she stated that our zoning regulations were never
set up to address this situation. Ms. Haag stated that in Estes
Park, short-term rentals are allowed and if residents in an area
don't want them, the homeowners' association can adopt covenants
stating they are not allowed.
-- Chair Olson asked Ms. Haag about the letter of November 24,
1998 received from Joe and Marilyn Dion about the Gary Jacobson's
alleged continued illegal mining activities; as Ms. Haag had not
read the letter, Chair Olson gave her a copy and she will discuss
it with Code Enforcement Officer John Pedas.
M O T I O N
Commissioner Disney moved that the Board of County Commissioners
go into Executive Session at 11:45 a.m. to seek confidential legal
advice.
Motion carried 3-0.
The Executive Session ended at 12 o'clock noon; no action taken.
The Board of County Commissioners reconvened at 7:00 p.m. for
a Public Hearing regarding adoption of an Ordinance for the creation
of the Irish Green Drainage Assessment District. Chair Olson
presided and Commissioners Clarke and Disney were present. Also
present were: Lisa Dunn, Project Engineer, and Rex Burns, Special
District Administrator. Recording Clerk, Sherry Graves.
Mr. Burns stated that the purpose of tonight's public hearing
is to consider the second reading of an Ordinance for the Imposition
and Collection of Assessments in Green Acres Subdivision; he noted
that this is the County's first DAD (Drainage Assessment District),
which utilizes authority found in Statute under the County Power's
Act in which the Commissioners get to ordain and pass an Ordinance
instead of a resolution. Mr. Burns continued that with this
DAD, the County would fund certain improvements in Green Acres
Subdivision located south of Irish School for the purpose of constructing
conveyance facilities for storm water that originates within Irish
Green Acres Subdivision.
Ms. Dunn stated that the Green Acres Drainage Assessment District
will help fund a very beneficial project and she reviewed the
historic flooding that has occurred in this subdivision and the
proposed improvements. Ms. Dunn stated that this project is
part of a larger project being funded by the Community Development
Block Grant, which will help drainage problems from Overland Trail
to the New Mercer Ditch. Ms. Dunn stated, however, that there
are additional drainage problems related strictly to the Green
Acres Subdivision, which has had drainage problems since it was
developed in the 1970, and she noted that by way of petition,
more than 65% of the homeowners in the subdivision are willing
to fund those additional stormwater projects needed so they can
live without fear of flooding.
Mr. Burns added that the DAD is not for the purpose of street
repairs, but they do anticipate that repairs will be made necessary
by the construction of the sewer system and will be repaired to
almost like new condition; he continued that hopefully when those
improvements are made, the residents will ask the City of Fort
Collins to annex the area.
Sally Michael and John Newman addressed the Board and asked a
number of questions about the improvements; Ms. Michael asked
if Cherry Street will be resurfaced and if the rounding of Webb
Avenue is still part of the plan. Mr. Burns responded in the
affirmative to both questions and stated that Webb Avenue will
have resurfacing. Mr. Newman asked what happens if the final
cost exceeds the estimate of $82,000; Mr. Burns responded that
the Stormwater Utility will pay the remaining balance, but it
is guaranteed not to go over that estimate. Mr. Newman asked
if there is any wording in the Ordinance regarding continued maintenance;
Mr. Burns answered that it is the County's intent to take the
streets over for maintenance, but the preference is that the residents
will petition to annex the area. Mr. Newman asked why is the
storm system inadequate; Mr. Burns responded because the developer
didn't design or build it the way it should have been built.
The question was asked when is the project going to start; Ms.
Dunn responded that they hope to begin construction in the spring
and have it completed by the end of the summer. Ms. Michael
and Mr. Newman stated that they very much favor this project.
M O T I O N
Commissioner Clarke moved that the Board of County Commissioners
approve the Ordinance for the Imposition and Collection of Assessments
in Green Acres Subdivision, and authorize the Chair to sign same.
Motion carried 3-0.
O98-03 ORDINANCE FOR THE IMPOSITION AND COLLECTION OF
ASSESSMENTS IN GREEN ACRES SUBDIVISION
The hearing adjourned at 7:35 p.m.
THURSDAY, DECEMBER 10, 1998
The Board of County Commissioners met at 7:00 p.m. for a Public
Hearing to consider a landfill rate increase at the Estes Park
Transfer Station. Chair Olson presided and Commissioner Clarke
was present. Also present were Janelle Henderson, Director Natural
Resources, and Steve Gillette, Waste Management District Site
Manager. Recording Clerk, Sherry Graves.
Chair Olson stated that the purpose of tonight's hearing is for
the Board to discuss and receive public comment regarding a proposed
increase in the transfer station rates at the Estes Park Transfer
Station to cover the increase in the 1999 operating costs and
to eliminate some of the odd-cent charges resulting from the reduction
of the State solid waste surcharges.
Ms. Henderson stated that Larimer County supervises the operation
of the Estes Park Transfer Station, even though it is operated
by a private contractor, Waste Management, and noted that the
proposed rates for 1999 reflect a five percent increase and will
become effective January 1, 1999. Ms. Henderson stated that
in the proposed budget for 1999 submitted by Mr. Gillette, operating
costs were showing a 11% increase; however, six % of that increase
was due to rental payments on improvements made at the transfer
station, which were not approved by Larimer County. Ms. Henderson
explained that since the Larimer County Solid Waste System is
self-supporting and receives no tax money, they have to set their
rates every year to cover their operating costs, which is the
5% cost increase over 1998; she reviewed the proposed 1999 Estes
Park Transfer Station Fees for the Board.
Bob Ryan, retired resident of Estes Park, recommended that the increase not be added at this time as it almost seems mechanical that all governmental agencies automatically increase fees a certain amount each year; he stated that what is lacking is resource recovery, which could offset some of the operating costs. Mr. Ryan stated that in Estes Park they have practically nil in the way of recovery and he thinks that if he takes his recyclables to the transfer station, he should be given credit for them. Ms. Henderson stated that they subsidize their recycling operations quite heavily and do not make money on recycling; actually it costs money to recycle. Mr. Ryan continued that one benefit for recycling is that it reduces the volume at the landfill. Commissioner Clarke stated that they recycle at the facility because they believe it is the right thing to do, but with the subsidizing of the operation of recycling, they don't break even.
Mike Richardson, operator of a tree service, stated that he brings
his slash to the dump because he doesn't have a chipper, and he
finds it hard to believe that he pays the same as a customer bringing
trash because trees biodegrade much quicker and he shouldn't be
charged as much. Discussion followed.
M O T I O N
Commissioner Clarke moved that the Board of County Commissioners
adopt the 1999 Estes Park Transfer Station Fees as proposed, effective
January 1, 1999.
Motion carried 2 - 0.
The hearing adjourned at 7:25 p.m.
____________________________________________
CHERYL OLSON, CHAIR LARIMER COUNTY
BOARD OF DIRECTORS
MYRNA J. RODENBERGER
LARIMER COUNTY CLERK & RECORDER
( S E A L )
ATTEST:
_____________________________________________
Sherry E. Graves, Deputy County Clerk
_____________________________________________
Gael M. Cookman, Deputy County Clerk