> Meetings & Minutes > 1999 Minutes

PROCEEDINGS OF THE BOARD OF COUNTY COMMISSIONERS

MONDAY, FEBRUARY 22, 1999

LAND-USE PLANNING MEETING

(#448 @500)

The Board of County Commissioners met at 3:00 p.m. in regular session with Larry Timm, Director of Planning. Chair Pro Tem Disney presided and Commissioner Rennels was present. Also present were: Carol Evans, Planner II; Doug Ryan, Environmental Planner; Rusty McDaniel, Development Review Engineer; Matt Lafferty, Planner II; and Jeannine Haag, Assistant County Attorney. Recording Clerk, Gael Cookman.

Chair Pro-Tem Disney stated that the following are consent items and will not be discussed in detail unless requested by the Commissioners, staff, or members of the audience. The applicant for consent item #1, Joy's Minor Residential Development (MRD), requested that it be removed from consent as she had some discussion pertaining to this item.

1. PTARMIGAN SUBDIVISION 3RD FILING RELEASE OF WARRANTY COLLATERAL (#93-SU0931): SE 14-06-68; AT THE NORTHWEST CORNER OF COUNTY ROAD 3 AND COLORADO HIGHWAY 392

Ptarmigan Subdivision 3rd Filing was approved on February 22, 1994. Warranty Collateral in the amount of $5,000.00 was being held for erosion control improvements. Those improvements have now been completed and Scott Cornell from the Engineering Department is recommending approval for the release of the warranty collateral. Staff recommendation is for approval of the request to release the warranty collateral in the amount of $5,000.00 for Ptarmigan Subdivision 3rd Filing.

2. KELMAR STRIP 2ND AMENDED PLAT OF LOTS 1, 2, 26, AND 29 (#99-S1365): NW ¼ OF 12-06-69; MORE SPECIFICALLY LOCATED ON THE EAST SIDE OF THE 287 FRONTAGE ROAD, APPROXIMATELY 500 FEET SOUTH OF SATURN DRIVE; C-COMMERCIAL ZONING

The Kelmar Strip 2nd filing was originally recorded in March of 1968. The original lots within the Kelmar Strip 2nd filing were 100 feet wide and 340 feet deep. In 1990 an amended pat to lots 28 and 29 was approved for a convenience store, and in 1994 another amended plat was approved for lots 26 and 27 as well as lots 1 and 2 (Formerly lots 28 and 29 of the Kelmar Strip 2nd Filing. The end result of these amendments was three building sites where four had previously existed. The applicant is requesting another amendment which will result in a minor adjustment to the lot line between lots 2 and 3 of the amended plats. The purpose for the amendment is to increase the buildable area of lot 3 by approximately 4500 square feet. IV. 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 1, 2, 26 and 27 of the Kelmar Strip 2nd Filing, as proposed.

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners adopt the staff findings and staff recommendations and approve the Ptarmigan Subdivision 3rd Filing Release of Warranty Collateral (#93-SU0931), and the Kelmar Strip 2nd Amended Plat of Lots 1, 2, 26, and 29 (#99-S1365), with the conditions as outlined by staff.

Motion carried 2-0.

3. JOY'S MINOR RESIDENTATAL DEVELOPMENT (#97-EX1154): NW 24-08-69; ON THE EAST SIDE OF COLORADO HIGHWAY 1, ABOUT ¾ MILE NORTH OF COUNTY ROAD 54; R-RESIDENTIAL ZONING.

This property is 5.14 acres with an existing dwelling, located on the east side of Colorado Highway 1 about ¾ mile north of County Road 54. An irrigation ditch cuts through the property; the area located west of the irrigation ditch is currently used as pasture. Development in the surrounding area consists of large lot residential subdivisions, residential uses on acreages and agricultural land. The applicant has proposed to divide the acreage into two lots, with the dividing line running east-west through the middle of the property. The existing improvements would be located on the northernmost lot. Separate accesses are proposed, with the proposed new access located directly opposite the entrance to Eagle Lake Subdivision. Water service is to be provided by ELCO and septic systems are proposed for sanitation. Staff findings include: 1) The proposed Joy's MRD is in compliance with the Larimer County Subdivision and Zoning Resolutions and the Larimer County Comprehensive Plan. 2) Approval of the Joy's MRD, with certain conditions, shall not result in significant negative impacts on area properties, provision of services or transportation, or the natural environment.

Staff recommendation is for approval of the Joy's MRD with the following conditions: 1) The Final Plat shall dedicate sufficient additional right-of-way along the frontage of Colorado Highway 1 to provide a half right-of-way of 75' from the highway centerline. 2) The following notes shall be shown on the Final Plat: a) The following fees must be paid at building permit issuance for new residential structures on these lots: Poudre R-1 school fees and Larimer County fees for County and Regional Transportation Capital Expansion and Larimer County Park Fee (in lieu of dedication). The fee current at time of building permit application shall apply. b) Engineered footings and foundations shall be required for all construction on these lots. All below-grade floor levels shall be protected with a perimeter drain system. c) Passive radon mitigation measures shall be included in construction of residential structures on these lots. Results of radon detection tests conducted in new residential structures shall be submitted to the Planning Department prior to issuance of a certificate of occupancy. 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. d) Residential fire sprinkler systems shall be required for all dwellings. The domestic water service line may need to be oversized to accommodate a residential fire sprinkler system. Plans must be approved by Poudre Fire Authority. e) The domestic water service line for Lot 2 will come off an existing ELCO water line on the west side of Colorado Highway 1 which requires boring under the highway. Bedrock has been encountered during previous borings under the highway in this area. If a bore through rock is needed, it will add to the cost of installing the new water service. f) Rural area issues - I) Agricultural uses are present in this area which may at times result in odors, dust and noise. These are a normal part of agriculture and should be expected to occur. Larimer County will not take action to stop or hinder legal agricultural uses on properties in this area. 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. 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. IV) 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. V) If livestock will be kept on these lots, it will be important to carefully manage grazing in order to maintain grass cover in the pasture. Overgrazing will produce bare ground, weeds, erosion and polluted runoff. Management of these lots must be coordinated with drainage and erosion control issues, siting of sanitation systems, fencing and feeding. g) Underground utilities shall be required. h) Prior to constructing a driveway crossing of the North Poudre Lateral Ditch which crosses this property, property owners must contact the North Poudre Irrigation Company regarding their specifications and requirements for the construction of the crossing. 3) The Final Plat shall show all irrigation and utility easements of record and as specified by the utility providers and the North Poudre Irrigation Company. 4) A revised site plan (2 copies) showing primary and replacement septic system locations for the new lot in the area where soil testing was conducted and the 100' setback from the irrigation ditch shall be submitted for approval by the County Health Department. 5) A Final Erosion Control Report and a Final Drainage Report which addresses existing drainage patterns and problems and any changes anticipated, proposed culverts and drainage easements shall be submitted for review and approval by the County Engineering Department. 6) All conditions shall be completed and the Final Plat recorded by August 22, 1999, or this approval shall be null and void.

Ms. Evans briefly described the application for Joy's MRD noting that the property in question has direct frontage to State Highway 1; she noted that the applicant had some concerns regarding the State requirement pertaining to the 150 foot total Right-of-Way (ROW) in conjunction with this highway. Ms. Weeks explained that the letter from the Colorado Department of Transportation (CDOT) included in the application packet states that the ROW could either be protected by reservation or dedication as permitted by County regulations; she requested that the road right-of-way be done by reservation rather than dedication so that her property would not be treated differently than that of her neighbors, since the only thing that triggered this dedication of highway is the MRD she has applied for. Ms. Weeks stated that since CDOT will accept either dedication or reservation, she would prefer reservation. Ms. Evans noted that the difference between the two methods is that if the property is held in reservation the State will have to purchase this land at the time they ever want to use it for highway. Chair Pro-Tem Disney stated that in his experience, all of the previous ROW's have been dedicated as opposed to being reserved; he noted that he is concerned with setting a precedence towards reserving land rather than dedicating it. Ms. Evans noted that the last applicant that had direct frontage to Highway 1 did in fact dedicate the land. Commissioner Rennels noted that CDOT was very generous to grant Ms. Weeks the two access points for this project and she felt the dedication was the best way to go.

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners adopt the staff findings and staff recommendation and approve the Joy's Minor Residential Development (#97-EX1154) with the conditions as outlined by staff.

Motion carried 2-0.

Meeting recessed at 3:15 p.m.

TUESDAY, FEBRUARY 23, 1999

ADMINISTRATIVE MATTERS

(#451 & #452)

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 Rennels and Disney were present. Also present were: Carol Block, Director of Finance; Ginny Riley, Director of Human Services; Mark Peterson, County Engineer; Ron Phillips, City of Fort Collins Transportation Department; Marc Engemoen, Director of Public Works; Carl Cooper, Captain - Sheriff's Department; Frank Lancaster, County Manager; Deni La Rue, Community Information Officer; and Donna Hart, Commissioners Office Administrative Manager. Recording Clerk, Gael Cookman.

1. PUBLIC COMMENT: There was no public comment today.

2. APPROVAL OF MINUTES FOR THE WEEK OF FEBRUARY 15, 1999:

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners approve the Minutes for the week of February 15, 1999.

Motion carried 3-0.

3. APPROVAL OF SCHEDULE FOR THE WEEK OF MARCH 1, 1999:

Commissioner Disney moved that the Board of County Commissioners approve the Schedule for the week of March 1, 1999.

Motion carried 3-0.

4. APPROVAL OF CONSENT AGENDA:

Mr. Gluckman noted that an additional plat concerning the parking garage on Block 21 has been added to the Consent Agenda.

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners approve the following documents as listed and amended on the consent agenda on document review for February 23, 1999:

MISCELLANEOUS DOCUMENTS: Amended Plat of the West 190 Ft. of Block 2 in Bellvue, CO.; Savoboda Amended Exemption; Amended Plat of Lots 14 - 16 Vista View Estates; Amended Plat of Bartram Park Lots 8 & 9; Cloverleaf Minor Land Division; Final Plat of Replat of Lots 24 through 39, Block 21 Plat for Map of Town of Fort Collins, CO.

A99-26 EXTENSION AGREEMENT BETWEEN THE BOARD OF

COUNTY COMMISSIONERS AND SHERMAN AND HOWARD

L.L.C. (Legal services)

A99-27 SERVICE AGREEMENT BETWEEN THE BOARD OF COUNTY

COMMISSIONERS AND INTERIM PHYSICIANS INC.

(Locum Tenens Coverage for Mental Health Clinic Physicians)

C99-04 CONTRACT BETWEEN THE BOARD OF COUNTY

COMMISSIONERS FOR THE USE AND BENEFIT OF LARIMER

COUNTY COMMUNITY CORRECTIONS AND THE STATE OF

COLORADO FOR THE USE AND BENEFIT OF THE

DEPARTMENT OF CORRECTIONS AND YOUTH OFFENDER

(Provision for Day Reporting Monitoring Services)

R-99-28z REZONING FINDINGS AND RESOLUTION CONCERNING

THE PETITION OF LAMPERT

R-99-29s FINDINGS AND RESOLUTION APPROVING THE LAMPERT

MINOR RESIDENTIAL DEVELOPMENT

R-99-30s FINDINGS AND RESOLUTION APPROVING THE MORENG

MINOR RESIDENTIAL DEVELOPMENT CHANGE OF CONDITIONS

R-99-31s RESOLUTION REGARDING THE RELEASE OF COLLATERAL

FOR PTARMIGAN SUBDIVISION 3RD FILING

R-99-32s FINDINGS AND RESOLUTION APPROVING THE VACATION

OF RIGHT-OF-WAY EASEMENT IN ROLLING HILLS SUBDIVISION

4TH FILING

Motion carried 3-0.

5. RESULTS OF 1998 SALES TAX COLLECTIONS: Ms. Block presented the Board with a packet containing a summary of the 1998 sales tax collection for Larimer County; she noted that the 1998 County sales tax appears disproportionately low compared to other jurisdictions within the County and even after working with the Colorado Department of Revenue (DOR), they cannot find a logical justification for this. Ms. Block referenced a letter she received from the DOR in which the DOR stated a number of possibilities for the low number of sales tax dollars collected for Larimer County; however, the DOR maintains that the distributions to Larimer County have been accurate. Ms. Block noted that the following three items will hopefully assist with this problem in the future: 1) The DOR is planning to improve their collection for counties which will include math audits and the formation of a DOR/County working committee; 2) Finance is working together with Fiver Systems in completing a tax analysis program that will increase the ability to pinpoint individual non-paying accounts; and 3) Finance will continue to work with the CCI sales tax committee on this issue. The Board was very unhappy with this news and requested that Ms. Block schedule a meeting for them with Fred Fisher, the DOR's new Executive Director, and also invite some legislative representatives to the meeting in order to discuss, and hopefully resolve this problem.

6. WAIVER OF POLICY FOR EMPLOYEE TRANSFER FROM MENTAL HEALTH TO HUMAN SERVICES: Ms. Riley noted that they wish to transfer an employee from one department to another in order to fill a vacancy that requires some experience with their programs and Medicaid billing; she explained that the individual is transferring from an Accounting Technician II position, grade 138, step 9, to an Income Maintenance Technician I position, grade 137, step 9, which is a 2.5% reduction in pay. Ms. Riley noted that this position is fully funded by the State and she requested Board approval to transfer this employee at grade 137, step 10, in order to avoid the reduction in salary.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the waiver of policy and maintain Mrs. Martinez' current salary at Grade 137, Step 10.

Motion carried 3-0.

7. WORKSESSION: Mr. Gluckman explained that he has not received any agenda items for the Cabinet Worksession scheduled for this Thursday; therefore, he recommended canceling the meeting unless the Board had any pressing items that they wished to address. The Board agreed to cancel the Cabinet Worksession scheduled for Thursday, February 25, 1999. Mr. Gluckman then asked if the Board has had time to review the Work Plan and if it was sufficient; the Board agreed that the Work Plan was fine.

- Ms. LaRue noted that the State of the County address is scheduled for this Thursday, from 3:30 p.m. to 4:30 p.m., and that Chair Olson sent a countywide e-mail inviting all county employees to this event; she explained that there will be video highlights from last year and that the focus will be on the past, present, and future, and she suggested that this might be a good time to unveil the WorkPlan.

- Mr. Gluckman requested approval from the Board to continue working on the Publication Bill with CCI as they want to refine this Bill and bring it back next year; he noted that they intend to find a sponsor for the Bill who is knowledgeable and passionate about it, and they also want to work closely with the Newspaper Association in order to come to an agreement pertaining to this issue. The Board agreed that Mr. Gluckman should continue working on this Bill.

8. SETTLEMENT WITH NEW CACHE LA POUDRE IRRIGATION COMPANY CONCERNING COUNTY BRIDGE OVER LAKE CANAL: Mr. Peterson requested Board approval on a Release for Settlement concerning the New Cache La Poudre Irrigation Company's damage to a County owned timber bridge crossing on County Road 40; he explained that the repairs to the bridge have been completed, however, they had to reduce the load posting for this bridge from 25 to 22 tons. Mr. Peterson explained that the total amount reimbursed to the County is $6,627.05 for costs and damages incurred.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the settlement of this matter and provide the necessary release to the New Cache La Poudre Irrigation Company and Union Insurance Company.

Motion carried 3-0.

9. DISCUSSION OF HIGHWAY 14 BYPASS: Mr. Phillips and Mr. Engomoen participated in a lengthy discussion with the Board pertaining to the Highway 14/I-25 Interchange project. Topics included: 1) How will this project affect the property owners who are not in the Growth Management Areas?; 2) Who will take ownership of maintenance of Highway 14 if the Bypass is approved?; 3) How will the Bypass affect the funding of the already approved Highway 14 and I 25 Interchange?; 4) How will the Bypass affect the already crowded county roads in the Country Club and Adriel Hills neighborhoods? Much discussion ensued as this topic will be addressed at the next City Council Meeting. The Board agreed to send a letter to the City Council outlining these concerns.

10. REQUEST FOR TWO ADDITIONAL .5 FTE FOR SHERIFF'S DESK OFFICERS: Captain Cooper explained that the Sheriff's Department has determined a need to hire at least two, and possibly three, half-time employees in order to accommodate processing the applications for concealed weapons; he noted that these positions will be fully funded with the fees they collect for the concealed weapons permits. Captain Cooper stated that they anticipated the need for two individuals up front, and requested Board approval at this time to hire a third individual if necessary; he also explained that if the funding ceases to exist for this program, they will eliminate the positions.

11. COMMISSIONER REPORTS: Commissioner Rennels noted that House Bill 99-1185, Growth Management Bill, died in the House, but it will be resurrected in the Senate with late Bill status and they are still hoping to get the amendments on.

12. LEGAL MATTERS: At this time County Attorney George Hass and Assistant County Attorney Jeannine Haag joined the meeting for legal matters.

Mr. Hass requested Board approval on the closing documents regarding the Sylvan Dale Conservation Easement; he noted that the document will be ready for the closing which is set for Friday, February 26, 1999.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners authorize the Chair to sign the Sylvan Dale Conservation Easement documents upon final approval of the County Attorney and the County Open Space staff.

Motion carried 3-0.

D99-02 DEED OF CONSERVATION EASEMENT (Sylvan Dale Legacy Conservation Easement)

Ms. Haag explained that there is a zoning violation occurring in the Loveland community concerning a nonconforming mobile home park; she noted that the owner, Duane Koons, has been given notice to remove a dilapidated mobile home. Mr. Koons has requested numerous extensions and she feels now that he is basically trying to demolish the trailer piece by piece, rather than paying someone to remove it. Ms. Haag requested Board approval to file suit in order to have this mobile home removed.

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners authorize the County Attorney's Office to file suit for a zoning violation for storing a dilapidated mobile home in the Country Living in the City Mobile Home Park.

Motion carried 3-0.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners go into Executive Session at 11:30 a.m. for legal advice.

Motion carried 3-0.

The Executive Session ended at 12:30 p.m.; no action taken.


___________________________________________

CHERYL OLSON, CHAIR LARIMER COUNTY

BOARD OF COMMISSIONERS

MYRNA J. RODENBERGER

LARIMER COUNTY CLERK & RECORDER

( S E A L )

ATTEST:

_____________________________________

Gael M. Cookman, Deputy County Clerk