> Meetings & Minutes > 1998 Minutes

PROCEEDINGS OF THE BOARD OF COUNTY COMMISSIONERS

MONDAY, OCTOBER 12, 1998

LAND-USE PLANNING

(#384)

The Board of County Commissioners met at 3:00 p.m. in regular session with Rob Helmick, Senior Planner. Chair Olson presided and Commissioners Clarke and Disney were present. Also present were: Carol Evans and Matt Lafferty, Planners II; John Pedas, Code Enforcement Officer; Lonnie Sheldon, Project Engineer; Doug Ryan, Environmental Health Planner; 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 27 & 28 OF THE ROSTEK 2ND ADDITION

SUBDIVISION (#98-SA1222): 09-07-69 - SOUTH SIDE OF WEST VINE

DRIVE, ¼ MILE EAST OF OVERLAND TRAIL; 2 ACRES; 2 LOTS;

FA-FARMING ZONING

This is a request for an Amended Plat to adjust the lot line between Lots 27 & 28 of the Rostek 2nd Addition Subdivision. 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; 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 27 & 28 of the Rostek 2nd Addition Subdivision, subject to the following conditions: 1) The applicant shall install a concrete apron from Vine Street to the access road on the property; said apron shall be constructed to the specifications of the Engineering Department requirements; 2) The applicant shall widen the access easement from 12 to 20 feet, and note the easement as access and utility easement.

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 Amended Plat of Lots 27 & 28 of the Rostek 2nd Addition Subdivision (#98-SA1222) and the Southland Corporation Planned Unit Development (#98-MS1204), with the conditions as outlined.

Motion carried 3-0.

Bud Anderson requested an opportunity to discuss the Southland Corporation PUD; therefore, the Board took the following action.

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners vacate the decision made by the above motion and move to approve only the first item on the consent agenda, the Amended Plat of Lots 27 & 28 of the Rostek 2nd Addition Subdivision (#98-SA1222), with conditions as outlined.

Motion carried 3-0.

2. SOUTHLAND CORPORATION PLANNED UNIT DEVELOPMENT

(#98-MS1204): 13-06-69 - SOUTHEAST CORNER OF TRILBY ROAD

AND HIGHWAY 287; 2 ACRES; C-COMMERCIAL ZONING

This is a request for a Preliminary Plat for a Planned Unit Development to divide a 2-acre lot into 2 lots for commercial use; a 7-11 store exists on Parcel 2. Staff findings are: 1) The use is compatible with the surrounding area. The uses along South College are commercial in nature, as this use, and the proposed uses are consistent with the area; 2) The addition of one commercial lot limited to neighborhood retail uses in this location is consistent with the adopted Master Plan and City Plan; 3) The requested use conforms to the comments of all responding agencies; 4) The request meets the technical requirements of the regulations; 5) The impact on services and facilities of the uses of this site were reviewed at the time of the building permit for the 7-11; they were oversized and designed to mitigate any impacts; 6) A traffic study and follow up were conducted at the time of the building permit on Lot 1; the proposed uses of Lot 2 are lower than that originally studied. The improvements constructed address the impact of this use; 7) The drainage on this site will meet the stormwater requirements and drainage standards for the UGA; 8) The use is consistent with surrounding land uses; the residential areas to the east are not connected and will be screened and buffered.

The Urban Growth Area Review Board/Staff recommendation is for approval of the Southland Corporation PUD, with the following conditions: 1) Any building permit for Lot 2 shall be required to pay the then current drainage fee; 2) The development of Lot 2 shall comply with the landscaping and parking standards contained in Appendix F of the IGA; 3) The traffic study originally completed for the 7-11 shall be updated by letter from the original author to reflect the conclusions regarding the possible uses and intensity of use on the future Lot 2. Any building permit application and site plan shall require confirmation of the original traffic analysis; 4) The applicant shall continue discussions regarding the additional dedication of ROW along Trilby Road. Conflicts with existing on site improvements shall be avoided; 5) The site plan for Lot 2 shall incorporate the recommendations of the City of Fort Collins regarding bike parking and Foxtrot stops; 6) The applicant shall provide for erosion control at the detention pond and maintain culverts as identified in the letter from the Colorado Geological Survey in their letter dated July 24, 1998; 7) Any development of Lot 2 shall be subject to a review of the site plan and use(s) by the County staff prior to issuance of a building permit; 8) The approval of this subdivision/PUD is limited to the uses and plans as represented by the applicant unless modified by these conditions.

Mr. Anderson, who owns a four-plex adjacent to the subject property, expressed concern about the car wash and proper drainage and he asked several questions: 1) What the noise level will be? 2) Hours of operation? 3) What actions will be taken with regard to drainage from the car wash at the 7-11 to protect the people? Mr. Helmick responded that these concerns will be dealt with as a "use by right" as an accessory use to the gas station on this site; he noted that at this time he has no information regarding the hours, noise level, or issues of drainage and sanitation. Mr. Helmick stated that the question before the Board today is a request to divide off a ¾ acre lot, which will share access to the site with Lot 1. Chair Olson advised Mr. Anderson to discuss his questions with Mr. Nation.

Paul Nation, representative for the applicant Galloway/Romero & Associates, stated that he will get the information to Mr. Anderson regarding noise levels, hours of operation, drainage, etc.; he noted that the cars will come in from the east and exit to the west and so the blow dryers associated with the car wash are not located on the side abuting the residences to the east and in terms of drainage, everything is tied in to the sewage system and so there is no surface flow and it has been approved by the Sanitation District. Mr. Anderson asked what protection does he have if noise levels are excessive; he was advised by the Board that the County has a noise ordinance. Mr. Ryan suggested that Mr. Anderson let the South Fort Collins District and Southland Corporation know of his concerns and existing drainage problems. Commissioner Disney asked if any of the conditions need to be amended to address these drainage concerns; Mr. Helmick responded that what is needed is certification from the South Fort Collins Water and Sanitation District that they approved the utility plans for Lot 2 and the County will also work with them on this issue.

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners adopt the staff findings and Urban Growth Area Review Board/Staff recommendation and approve the Southland Corporation Planned Unit Development (#98-MS1204), with the conditions as outlined.

Motion carried 3-0.

3. BONNELL WEST PLANNED UNIT DEVELOPMENT 5TH FILING

(#98-MS1189): NW 31-05-69 - WEST OF COUNTY ROAD 23, ½ MILE

NORTH OF COUNTY ROAD 14, SOUTHWEST OF LON HAGLER

RESERVOIR; 61.8 ACRES; FA-1 FARMING ZONING

This is a request for Preliminary Phase Plan to subdivide 61.8 acres, creating 23 single family residential lots on 27.8 acres with 34 acres of open space; this is the final filing of Bonnell West PUD. Ms. Evans described the location of this development and noted that the developer would like to discuss with the Board the County's policy regarding maintenance of subdivision streets; she noted that the streets in the First Filing of Bonnell West are maintained by the County, but, because of budget constraints, the policy regarding street maintenance by the County has now changed and the County no longer accepts subdivision streets for maintenance. Staff findings include: 1) The Bonnell West PUD Master Plan was originally approved in 1982 and revised in 1992. Issues of location, use and density were addressed at those times, leaving technical issues to be addressed with Preliminary Phase Plan reviews. The revised Bonnell West Master Plan expired in June 1997 and was reinstated by the Board of County Commissioners on June 1, 1998. The proposed 5th Filing is consistent with the approved Bonnell West Master Plan; 2) Larimer County adopted a new County Master Plan in November of 1997. This applicant has addressed County Master Plan issues to the extent possible given that the Bonnell West development has been in the process for 16 years and is at the point of developing the final phase; 3) With certain conditions, approval of the Preliminary Phase Plan for the Bonnell West PUD 5th Filing will promote harmonious development of the area by allowing completion of the final phase of this PUD, will provide for coordinated development with the property to the south, and will not result in any significant negative impacts on neighboring properties, the natural environment, or the provision of services and transportation.

The Planning Commission/Staff recommendation is for approval of the Preliminary Phase Plan for Bonnell West PUD 5th Filing, with the following conditions: 1) The Final Plat shall be completed in strict conformance with the conditionally approved Preliminary Plat, including all notes. Easements, as shown on the Preliminary Plat and as required 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 filing 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. Each house site shall have a soils investigation performed to verify the soils beneath the proposed house. Excavation and bore hole assessments for each lot shall be conducted by a professional engineer, using the Geotechnical and Geological Investigation report for Bonnell West 5th Filing (CDS project #98-9385) for guidance. Property owners should refer to Appendix 1 of that report, titled "Post-construction Site Preparation and Maintenance" for information regarding landscaping and irrigation near foundations; d) The following fees shall be collected at building permit issuance for new single family dwellings: Larimer County Park fees, Thompson R2-J school fees, and any applicable impact fees required by Larimer County at the time of building permit application. Unless otherwise specified, the fee current at time of building permit application shall apply; e) Underground utilities shall be required; f) Building envelopes are included on Lots 21, 22 and 23 to protect areas of those lots where imperiled plant habitat is located. All construction activities on these lots must be within the platted building envelopes; g) Fire resistive construction materials should be used for structures on Lots 21-23 and any cantilever decks should be enclosed by retaining walls or sheathing backed with 1/8 inch metal screening. For structures on Lots 3-7, which propose cantilever decks facing west, decks should be constructed with fire resistive materials and have non-flammable landscaping underneath them (i.e. rock). Landscaping in the 5th Filing should be completed with fire safety in mind. Conifer trees should be located a minimum of 12' away from structures and decks. Bushes or shrubs should not be placed under large windows or decks; h) There is a potential for build-up of alkali deposits as a result of lawn watering along the western side of Lots 1-8. Installation of irrigated lawns in this area should be restricted; use of low water plants/grasses and native vegetation is encouraged; i) Thompson R2-J school bus pickup point for all grade levels will be at County Road 23 and Jordan Drive; j) Rural area issues: ii) Lot owners should be advised that there is a potential for nuisance conflicts from wildlife (such as skunks, raccoons, prairie dogs and snakes). Lot owners should be prepared to address wildlife conflicts if they arise. The Colorado Division of Wildlife may be contacted for information on preventative measures to avoid conflicts with wildlife; iii) During certain times of the year, mosquitoes may present a significant nuisance. Larimer County does not have a mosquito abatement program. Any mosquito abatement activity will be the responsibility of the homeowner; such activity must be according to applicable Federal, State and local rules and regulations; iiii) Prairie dog colonies exist in the general area; prairie dogs can be a nuisance if they migrate to developed residential property. At times these animals are implicated in the transmission of plague to people or their pets. It is important for residents to observe animal control requirements for dogs and cats; iiiii) Farming practices on adjacent properties can produce odors, noise and dust. These are a normal part of agriculture and should be expected to occur; k) A portion of Outlet A has been identified as habitat for a globally imperiled plant. No construction is allowed in the habitat area and recreational use is discouraged. A future interpretive trail for education and use of residents in Bonnell West may be allowed in this area. Any plans for such a trail must be reviewed and approved by the Larimer County Parks Department; 3) Final plat requirements for construction and utility plans, final drainage plans and erosion control reports shall be met by the developer. In addition to standard requirements, a revised Preliminary Drainage Plan and report which addresses the comments from County Engineering shall be submitted (2 copies). The final drainage report and erosion control report shall be prepared according to the specific requirements contained in the Engineering Department's comments and as contained in the Larimer County Stormwater Management Manual and shall also address specific concerns noted by the Colorado Geological Survey regarding headward-eroding gullies on the site. All plans must be approved prior to recording of the Final Plat; 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, drainage facilities, 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 developer shall be responsible for installation of traffic signs in the subdivision concurrent with road construction in the 5th Filing as proposed: a) Four-way stop at Jordan Drive/Wild Plum Drive intersection; b) Single stop at Jordan Drive at Kyle Circle (T-intersection): c) Single stop at Wild Plum Drive at Kyle Circle (T-intersection); d) Single stop at Kyle Circle at Jordan Drive (T-intersection); 6) The Final Plat for Bonnell West 5th Filing shall provide an emergency access and utility easement from the south end of the cul-de-sac off of Kyle Circle to the Petersburg property on the south. The easement shall be 40' in width to allow installation of underground utilities and the construction of an emergency access road. If the Petersburg RLUP project proceeds ahead of the Bonnell West 5th Filing, a separate grant of easement document may be required; 7) A copy of the completed Boundary Line Adjustment between the properties owned by Petersburg and Libco, Inc. shall be submitted prior to recording the Final Plat for Bonnell West 5th Filing. The Final Plat for Bonnell West 5th Filing shall not include that portion deeded to Petersburg as part of the Boundary Line Adjustment. A copy of the lease or agreement between the developers regarding the use of that portion of the property by the Bonnell West Homeowners Association shall also be submitted; 8) The portion of Outlot A and of Lots 21-23 that have been identified by the Colorado Natural Heritage Program as habitat for Bell's Twinpod shall be designated on the Final Plat; 9) The developer shall be responsible for meeting the requirements of the Little Thompson Water District regarding payment of impact fees, the developer's responsibility for improvements, water shares, fees for fire hydrants, and installation of improvements to provide water flow and pressure adequate for domestic service and fire protection requirements. Installation of the 8" water line from County Road 12 to this development and installation, inspection and approval of fire hydrants in the development shall be completed prior to issuance of building permits; 10) The Final Plat application materials shall include written acknowledgment from the Handy Ditch Company that they have reviewed and approved the drainage plan for this development.

Jim Crowder, developer of Bonnell West and elected officer of the homeowners association, stated that they have not asked the County to take over street maintenance for the 2nd, 3rd & 4th Filings; however, the arguments for the County taking over street maintenance in these filings and in the 5th Filing are: 1) The rules and regulations and policies that were in effect at the time of the original Master Plan should prevail; 2) These roads do more than just serve the interests of the homeowners in the 5th Filing, as previously, he was requested by the County to take a portion of their open land to provide emergency access to the developer to the south so he wouldn't have to build a mile of road and put in two bridges; 3) General consistency of a subdivision falling under the same rules; 4) The people in the subdivision have expected that the County to do this; 5) The fact that the developer has made an extraordinary contribution in the way of off site work for this subdivision to the benefit of many people in the County, as it services the Lon Hagler Recreation Area and Lone Tree; 6) It is the right thing to do.

Questions from the Board and discussion followed; Commissioner Clarke asked Ms. Haag what commitment does the County have to a Master Plan that was approved under one policy and then that policy changed? Ms. Haag responded that the County doesn't have a commitment, unless there is a vested right under the Master Plan. Commissioner Disney asked Mr. Sheldon if he has a cost estimate for maintaining the roads in the 5th Filing; Mr. Sheldon stated that he discussed this issue with the Director of Public Works, Marc Engemoen, and their optimum choice would be to not maintain any subdivision roads in the County. Mr. Crowder stated that the lots are selling between $120,000 and $129,000 and will be generating a lot of taxes. The Board expressed their understanding of Mr. Crowder's frustration, but budget constraints prevent them from approving the request.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners adopt the staff findings and Planning Commission/Staff recommendation and approve the Preliminary Phase Plan for Bonnell West Planned Unit Development 5th Filing, with the conditions as outlined.

Motion carried 3-0.

At this time Chair Olson left the meeting.

4. WETZLER JUNKYARD ZONING VIOLATION (#98-ZV1250): SE ¼

35-04-69 - 3 MILES SOUTH OF BERTHOUD

This alleged violation is for storing building materials, pipe, boilers, junk and other debris in the FA-1 Farming Zoning District. Mr. Pedas submitted photos of the site, provided the background information regarding this alleged violation, and reviewed the major issues and concerns; he noted that the building materials on site were to be used for construction of a dwelling and barn on the property immediately south of the subject property in Boulder County but there was a problem with the storage of the materials in Boulder County until such time permits were issued for construction. Staff findings are: 1) The subject property is zoned FA-1 Farming; 2) The FA-1 Farming Zone does not permit outside storage not accessory to a permitted use or principal use of the property; 3) The outside storage of junk and other debris results in a significant negative visual impact in an otherwise rural/residential neighborhood; 4) The strict application of the zoning regulations does not deny the property owner of a reasonable use of the property; 5) Continued use of the property inconsistent with the zoning restriction will significantly affect property values in the neighborhood. The staff recommendation is to find that a violation exists, require compliance within 30 days, and authorize legal action if the deadline is not met.

Mr. Pedas submitted an addendum to the staff report which indicated that the property owner has submitted a CTR for subdividing the subject property and applied for a building permit for a 10,080 sq. ft. "barn" with living quarters; however, applications for subdivisions clearly state "Building permits cannot be issued while this application is pending". The property owner has submitted a letter requesting that the permit be issued because it will be on one of the lots in the proposed subdivision and the barn could be used to store some of the "junk", which is the issue of the zoning violation. The staff recommendation of this request is that the Board support the Staff's decision not to issue the building permit. Mr. Pedas noted that the Boulder County Board of Commissioners will be holding their hearing on October 21, 1998 on the site plan.

Earl Connor, Project Manager, stated that they have been working hard to comply with the requests made by Mr. Pedas and they have hauled off all the rubbish and the site has been improved substantially. Mr. Pedas stated he will need to do another field inspection to see what has been removed; he submitted pictures of the site, which he took last Thursday, indicating that there was still a lot of material there at that time.

Willis Wetzler, property owner, stated that if he had any idea this would have caused this much trouble, he never would have moved anything onto the property and he hopes the property is cleaned up enough now to give them time to use the materials. Stacey Wetlzer stated that they do not want an eyesore on any of their properties and want to be good neighbors and they plan to build a nice home on this property. Carrie Buehler, adjacent property owner, stated that her family has owned their property of 280 acres since 1940 and she is very concerned; she asked about the ag use, as the equipment on the site looks like commercial equipment not farm equipment, the weeds haven't been mowed, and nothing has been planted. Mr. Wetzler responded that they have tilled 155 acres and something will be planted. Questions from the Board and discussion followed.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners find, in the matter of the Wetzler Junkyard Zoning Violation, that a violation exists, require compliance within 30 days, and authorize legal action if the deadline is not met.

Motion carried 2-0.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners support the staff recommendation not to issue the building permit until after the CTR review.

Motion carried 2 - 0.

The meeting recessed at 4:30 p.m.

CONTINUATION OF LAND-USE HEARING

(#385)

The Board of County Commissioners reconvened at 7:00 p.m. in regular session with Rob Helmick, Senior Planner. Chair Olson presided and Commissioners Clarke and Disney were present. Also present were: Lonnie Sheldon, Project Engineer, Doug Ryan, Environmental Health Planner; and Jeannine Haag, Assistant County Attorney. Recording Clerk, Sherry Graves.

1. MONROE EXCAVATION SPECIAL REVIEW (#98-ZR1202): 33-10-73

23500 COUNTY ROAD 74E IN RED FEATHER LAKES; 1.99 ACRES;

O-OPEN ZONING

This is a request for Special Review for heavy equipment storage and maintenance in the O-Open Zoning District. Mr. Helmick provided the background information regarding this request and reviewed the major issues and concerns; he noted that the property is currently being used for storage and maintenance of heavy equipment and had been used for this purpose as well as a sawmill since the 1950's. Mr. Helmick stated that earlier this year, as the result of complaints from neighbors, the County Commissioners reviewed this property and determined that the prior non-conforming use had been abandoned and found a violation existed; at that time, the applicant indicted that he would pursue a Special Review application to resolve the violation. Staff findings include: 1) The proposal is consistent with the Master Plan. The reintroduction of this use in the Red Feather Lakes area is consistent with the historic use of the property, is a use allowed in the zoning district, and provides a necessary service to the area; 2) The proposed use is consistent with the purposes of the zoning resolution; providing this service to the Red Feather Lakes area reduces the congestion of the roads, provides a convenience of service to the area, and with certain conditions, can operate safely and without impacting the air quality of the area; 3) With conditions on the operation and site improvements, the use is harmonious with the surrounding area. The reestablishment of this use at this location will not adversely impact the area; 4) With the proposed conditions, the use will not have an adverse effect on the neighborhood or the property values of the area; 5) No governmental agency has indicated a conflict with the proposal, under certain conditions.

Mr. Helmick stated that the applicant has requested two accesses to the property and the Planning Commission suggested that a waiver to Section 3 allowing two accesses could be allowed contingent upon showing the Board that excessive site clearing would be necessary to utilize only one point of access; he submitted a drawing by the applicant which indicates the approximate area that would need to be cleared on the site if one access was used to accommodate the turn around of 18-wheel flatbed trailers. Mr. Sheldon stated that CR 74E is a minor arterial and the concern of the Engineering Department is to limit the number of access points on a heavily used road and the policy states that only one access per property on a minor arterial; he submitted an enlarged copy of the applicant's drawing. Questions from the Board and much discussion followed regarding several of the conditions and the question whether to allow one or two accesses to the property. Mr. Sheldon stated that there is a possibility to share the driveway on the lower end of the property and he suggested that the applicant could enter into an agreement with Mr. Kaas, the adjacent property owner, for a second access.

Richard Boge, attorney for the applicant, requested clarification regarding several of the conditions and asked if another condition regarding allowing short-term loading and unloading of large equipment, not in the ROW, but on the front part of Mr. Monroe's property could be allowed. Mr. Helmick stated that if the front part of the property could be reclaimed and substantially screened from public view, it could be a quick-drop spot and he thinks they can work with Mr. Monroe to meet the intent of conditions #2 and #4. Mr. Helmick submitted photos of the site taken by the Wildfire Coordinator focusing on the tree density and from the zoning violation file taken in the winter time focusing on the roadway frontage.

At this time the public comment portion of the hearing was opened and the following persons spoke in support of Mr. Monroe and his request for approval of this Special Review: Gene Barker, Al Sagert, Jerry Ryan, Patty McMillan, Beverly Blat, Alan Klenk, and Randy Boyd. Mr. Barker stated that he owned this property previously and had equipment on it since 1950; he noted that he heard there was going to be fence erected along the road to screen the area, which he is totally against. With regard to cutting the trees down, he stated that it would be a crime to cut them down as they are Ponderosa pine and they grow very slowly. Mr. Barker stated that it would be totally convenient for Mr. Monroe to be able to come in the east driveway and unload his equipment and exit to the west. Mr. Sagert stated that two accesses would be better than one because in order to turn the big trucks around in this area would twist the axels. Mr. Ryan stated that hindering this operation will affect all the taxpayers in the area. Ms. McMillan, stated that Monroe Excavating has the equipment, insurance and knowledge to keep the roads in Red Feather passable and in repair throughout the year and his response is timely and economical, due in part to the location of his equipment; she continued that the Monroe family is an integral part of the community. Marian Monroe explained his drawings for the Board; he stated that he is willing to share a common driveway with his neighbor, Mr. Kaas. Mr. Monroe noted that there are bolders in the front of the property which would provide natural screening. Ms. Blat, full-time resident in Red Feather, stated that when Red Feather had 41" of snow last year, Mr. Monroe was the most important person in their life at that time and they are very happy to have him around. Mr. Ryan agreed with Ms. Blat. Mr. Klenk stated that he is concerned about safety and he suggested putting up "Private Property" and "No Turn Around" signs to keep the general public from using the accesses as a turn around. Mr. Boyd, resident of Red Feather since 1968, stated that he has seen equipment in and out of this property all his life and it never bothered him and it is very convenient to have the equipment so close. Mr. Barker spoke again and said that Mr. Monore is a responsible person and the only one of the local contractors that would perform with insurance and they have a continuing contract with him to do their roads.

Questions from the Board and discussion followed; Commissioner Clarke stated that he is convinced that in order to allow the applicant to bring equipment in, drop it off, etc., it would be wise to have a 2nd access on the west end. Commissioner Disney asked about adequate line of site distance at the access points; condition #5 was amended to take this into consideration. Chair Olson asked Mr. Monroe if he is certain he can reach an agreement with Mr. Kaas about sharing a driveway on the east end of the property; Mr. Monroe responded that basically he is sharing it with him now and doesn't feel this will be a problem.

After much discussion, the Planning Commission/Staff recommendation conditions of approval for the Monroe Excavation Special Review were revised and amended as follows: 1) The site shall be operated as represented by the applicant in their materials, except as modified by these conditions: 2) No equipment or vehicles may be stored or parked overnight within 125 feet of CR 74E and shall be screened with landscaping to be approved by the staff and installed within 6 months of approval. Equipment may be dropped off and picked up in the area next to the ROW provided the area is separated from the ROW with a barrier, i.e., rocks, berm, etc.; 3) No inoperable equipment or vehicle shall remain on the site for more than 45 days; 4) There shall be no parking, backing into or loading/unloading within or adjacent to the County Road ROW; 5) Access to the site will be from a shared driveway with the property to the east. A waiver to Section 3 of the Larimer County Access Policy allowing a second driveway will be allowed. The location and plans, including line of site distance, shall be reviewed and approved by the Larimer County Engineering Department. All other access points shall be abandoned and reclaimed; 6) The applicant shall prepare a materials, spill and hazardous material management plan, as described in the memo from the Larimer County Department of Health and Environment. This plan shall be reviewed and approved by the Larimer County Department of Health and Environment prior to issuance of building permits for Phase II; 7) The applicant shall prepare a grading/drainage plan/report, as discussed in the memo from the Larimer County Engineering Department dated June 17, 1998; 8) No vehicle shall be allowed to idle on the site for longer than 15 minutes, unattended and shall not be allowed to idle overnight. Electric engine warmers shall be provided for cold weather operations; 9) The applicant shall comply with the recommendations of the Larimer County Wildfire Coordinator in the memo dated June 16, 1998; 10) All fuel on site shall be stored in a manner consistent with the Building Code, Fire Code and the State of Colorado; 11) Fire protection for Phase One, vehicle parking shall be the provision of a fire cabinet on site, which shall contain at least two Class ABC 20 lb. fire extinguishers. For Phase Two, shop and home, the applicant shall provide 3500 gallons of water for fire fighting purposes on site. This may be cistern or tank and must have fittings that are compatible with the Red Feather Fire Department; 12) The applicant shall submit a site plan for review and approval by the County staff prior to submitting building permits for Phase Two. Permits for the well and sanitation systems shall comply with all governmental requirements.


M O T I O N

Commissioner Clarke moved that the Board of County Commissioners adopt the staff findings and Planning Commission/Staff recommendation and approve the Monroe Excavation Special Review (#98-ZR1202), with the conditions as revised and outlined above.

Motion carried 3-0.

The hearing adjourned at 8:30 p.m.

TUESDAY, OCTOBER 14, 1998

ADMINISTRATIVE MATTERS

(#387)

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: Ralph Jacobs, Director Human Resources; Patsi Maroney, Compensation & Benefits Specialist; Donna Hart, Staff Services Manager Commissioners' Office; Deni LaRue, Community Information Manager; and Tom Clayton, CSU Fall Intern. Recording Clerk, Sherry Graves.

1. OPEN SESSION FOR PUBLIC COMMENT: Francis Banderet informed the Board that his family is still having problems regarding access at the west end of County Road 6 and he heard the County isn't going to do anything about it and he asked why the County is backing out of this situation. Mr. Banderet submitted copies of letters from the Engineering Department, dated 1992 and 1993, stating that access to the properties to the north and west of the proposed development must be addressed, minutes from previous Board of County Commissioner meetings which state that CR 6 is a County right-of-way which provides access to the property owners in the area and indicating that on September 8, 1997 the Board adopted a resolution for authorization to take legal action to open the right-of-way on CR 6 to the public, and other documentation relating to this matter. At this time Mr. Lancaster phoned County Attorney George Haas about the status of this matter and he was informed that this is a private matter which needs to be settled between the Banderets and the neighbors, without County involvement. Mr. Banderet asked the Board, if that is the case, then why were they told it was a public road. The Board stated that the County can't spend tax monies on litigation to resolve the many similar instances that would arise if the County stepped in to try and resolve this situation. Mr. Banderet expressed concern that now the neighbors have put up a locked gate in the emergency easement to the subdivision and emergency vehicles either may not be able to get in or be delayed; the Board expressed concern about this and assured Mr. Banderet that they will check on it.

2. APPROVAL OF MINUTES FOR WEEK OF OCTOBER 5, 1998:

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the Minutes for the week of October 5, 1998, as submitted.

Motion carried 3-0.

3. APPROVAL OF SCHEDULE FOR WEEK OF OCTOBER 19, 1998:

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners approve the Schedule for the week of October 19, 1998, as submitted and revised.

Motion carried 3-0.

4. APPROVAL OF CONSENT AGENDA:

Commissioner Disney moved that the Board of County Commissioners approve the following documents as listed on the Consent Agenda on Document Review for October 13, 1998:

PETITIONS FOR ABATEMENT AND REFUND OF TAXES, as recommended by the County Assessor, were approved for the following: Robert J/Clark & Richard Roadway; Horton Cattle Companies; Ducharme Construction; Paul & Jessie Cook; Guadalupe & Andrea Alvarez; Carlson's Investment & Management, LTD.; Glen & Trudi Geilenkirchen; Susan & Francis McCarley; Gregory Morgenstern; Robert Hultman; and JFK Associates, LLC.

LIQUOR LICENSES: Licenses were issued for: Horsetooth Liquor - 6% - Fort Collins, CO.; Al's Canyon Grill - 6% - Fort Collins, CO.; and Fargo County Roadhouse - 6% - Fort Collins, CO. County approval was granted to the Windjammer Lounge - 6% - Loveland, CO. and La Chaumiere, Inc. - 6% - Lyons, CO.

A98-162 AGREEMENT BETWEEN THE BOARD OF COUNTY

COMMISSIONERS AND VAUGHT FRYE ARCHITECTS, P.C.

(Phase 2 Architectural and Design Services for Parks Visitors Center)

A98-163 AGREEMENT BETWEEN THE LARIMER COUNTY

DEPARTMENT OF NATURAL RESOURCES AND ARVADA

EXCAVATING (Closure and Revegetation of Phase I Larimer County

Landfill)

C98-57 MASTER CONTRACT BETWEEN THE BOARD OF COUNTY

COMMISSIONERS AND COLORADO DEPARTMENT OF LABOR

AND EMPLOYMENT (Initial Changes to Original JTPA Contract)

C98-58 CONTRACT BETWEEN THE BOARD OF COUNTY

COMMISSIONERS AND KENNEY & ASSOCIATES (Preparation

of Presentation Package for the Fairground & Events Center)

D98-16 DEED OFDEDICATION FOR ROAD RIGHT-OF-WAY BY

EDWARD l. & SHARON M. Gillette (Project #208 - CR 56)

D98-17 DEED OF DEDICATION FOR ROAD RIGHT-OF-WAY BY

GLORIA B. CRAMER (Project #208 - CR 56)

Motion carried 3-0.

5. REQUEST FROM EMPLOYEE MEDICAL COMMITTEE TO FUND FLU SHOTS FOR EMPLOYEES: Ms. Maroney requested direction from the Board regarding a request from the Employee Medical Insurance Advisory Committee to provide free flu shots to interested employees; she noted that the Committee thought this would be a good use of County funds as it would help reduce or eliminate employee absences due to illness. Ms. Maroney stated that generally flu shots cost $10, either through the Health Department or at most doctor's offices; as no funds have been budgeted to cover the cost of such a program, several options were discussed regarding how to fund this expenditure and assuming that no less than 25% of our employees would take advantage of free flu shots, it could cost the County anywhere from $3,000 to $12,000 in 1998.

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners approve a co-payment with County employees 50/50 for flu shots, with funds to be derived from the Medical Insurance Reserve Fund.

Motion carried 3-0.

6. EMPLOYEE BENEFITS FOR 1999: Ms. Maroney informed the Board that it is time to finalize the 1999 employee benefits package options so the Human Resources Department can prepare for the Open Enrollment period and she requested Board approval of the 1999 insurance renewal proposals for the employee health insurance, dental insurance, and long-term disability insurance policies. Ms. Maroney reviewed in detail the PacifiCare 1999 renewal, a change to a new dental third-party administrator, and an increase in the County-paid portion of the long-term disability coverage. Much discussion followed.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the following actions: 1) Accept the 1999 PacifiCare renewal of 2.59% for the health insurance coverage; 2) Approve the choice of Delta Dental as the third-party administrator for the self-funded dental insurance plan, accept the plan design changes proposed by Delta Dental, and increase the plan's individual annual maximum to $1,500, all effective January 1, 1999; and 3) Increase the County-paid portion for the long-term disability coverage with Sun Life of Canada to $2,900 per month, effective January 1, 1999.

Motion carried 3-0.

7. WORKSESSION:

-- Annual Report: Ms. LaRue requested direction from the Board regarding the annual report and asked if the Board liked the concept of doing a video of the annual report and want to continue doing a video next year; the Board responded in the affirmative. Ms. LaRue stated that their goal is to have it ready in February next year to be released with the annual State of the County Address.

-- Groundbreaking Ceremonies: Ms. LaRue stated that they have been discussing with the City of Fort Collins having a combined groundbreaking ceremony for the Courthouse and parking garage on December 31, 1998 as part of the First Night festivities. Much discussion of many options and scenarios followed and the Board said the County will participate with the City of Fort Collins in the ground breaking ceremonies.

-- Update on the Fairgrounds: Mr. Lancaster stated that discussions are continuing regarding the design and use of the proposed new Fairgrounds and Events Center; he noted that there has been a lot of interest in the facility as they have been contacted for several major horse-type events, a major tool manufacturer is interested in a big show, and a minor baseball team is interested in moving to the Fort Collins-Loveland Area and would like to partner at the Fairgrounds Site.

8. COMMISSIONER REPORTS:

-- Commissioner Clarke reported that tomorrow he is going with Mr. Gluckman to talk to Representative Steve Johnson about impact fees.

-- Commissioner Disney reported that at the Transportation Legislation Review Committee (TLRC) meeting they voted to sponsor a bill allowing consumers to pay for license plate fees with credit cards; he noted that he suggested that this bill needs to be broadened beyond the Colorado Department of Revenue, and everyone concurred, but the TLRC is restricted to only report out titles that have to do with transportation and so they are going to look for a sponsor and have a broad powers bill. Commissioner Disney noted that the revenues they collect for credit card fees will have to count against Tabor.

At this time County Attorney George Haas joined the meeting for legal matters.

9. LEGAL MATTERS:

-- Petitions for Annexation: Mr. Haas submitted three Petitions for Annexation for the Board to sign consenting to the annexation to the Town of Wellington of a portion of County Road 62 and for which they will assume responsibility of road maintenance.

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners approve the three Petitions for Annexation of portions of County Road 62 to the Town of Wellington and authorize the Chair to sign same.

Motion carried 3-0.

-- Approval of Resolution: Mr. Haas requested Board approval of a resolution prepared by the District Attorney's Office authorizing them to represent the Clerk and Recorder in a suit involving car titles.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve a Resolution authorizing the District Attorney to represent the Larimer County Clerk and Recorder in a civil suit, and authorize the Chair to sign same.

Motion carried 3-0.

R98-164g RESOLUTION AUTHORIZE THE DISTRICT ATTORNEY TO

REPRESENT CLERK & RECORDER IN A CIVIL SUIT

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners go into Executive Session at 10:40 a.m. to discuss negotiations and potential litigation.

Motion carried 3-0.

The Executive Session ended at 11:00 a.m.; no action taken.

_________________________________________

CHAIR OLSON, CHAIR LARIMER COUNTY

BOARD OF COUNTY COMMISSIONERS

MYRNA J. RODENBERGER

LARIMER COUNTY CLERK & RECORDER

( S E A L )

ATTEST:

________________________________

Sherry E. Graves, Deputy County Clerk