> Meetings & Minutes > 2002 Minutes

MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

Monday, june 17, 2002

LAND USE HEARING

(#61)

The Board of County Commissioners met at 3:00 p.m. for a Land Use Hearing; Chair Gibson presided and Commissioners Bender and Rennels were present. Also present were Jim Reidhead, Director of Rural Land Use Center; Sean Wheeler, Planner II, Rob Helmick, Senior Planner; Matt Lafferty, Planner II, Claudia DeLude, Code Enforcement Officer; Doug Ryan, Environmental Planner; Jeannine Haag, Assistant County Attorney; and Gael Cookman, Recording Clerk.

Chair Gibson stated that items 1 through 7 were on the consent agenda and they would not be discussed unless requested by the Board, Staff, or members of the audience. Chair Gibson further explained that they would vote on items 1 through 5 and item 7 first, and then on item number 6.

  1. MILLER SUBDIVISION PRELIMINARY PLAT DEADLINE EXTENSION, 00-S1606: This is a request to approve the extension of the Preliminary Plat for the Miller Subdivision, to July 1, 2002. The applicant received Preliminary Plat approval from the Board of County Commissioners in November 2000. In February of 2002, the applicant's representative submitted a Final Plat application and was notified by Staff that the one-year deadline had expired. The applicant's representative noted that gathering some of the information needed for the Final Plat had taken more time than anticipated, which accounted for the lateness in submitting the Final Plat. The previously approved Preliminary Plat divided 11.8 acres into 3 lots for single family residential uses in the FA-1 Farming zone district. The subject property is located off the eastern side of the I-25 frontage road just north of CR 40. It is approximately 1-mile northwest of the Town of Timnath, and 2.3 miles east of the City of Fort Collins. The site is not used agriculturally except for the pasturing of horses. Surrounding uses include unplatted exemption parcels along with rural residential lands to the north, south and east. Interstate 25 is directly west of the property. No neighboring property owners objected to the request. Staff recommendation is for Approval of the extension of the Preliminary Plat approval for the Miller Subdivision to July 1, 2002. All conditions of approval as stated in the Findings and Resolution dated December 11, 2000 remains in effect.

2. KAPPERMAN SUBDIVISION PRELIMINARY PLAT, 00-S1750: This is a request for a Preliminary Plat to divide Lot 4 of the Scheel Minor Residential Development, being 10 acres in size, into 2 lots for single family residential uses. Staff recommendation is approval with the following conditions 1. The Final Plat of the Kapperman Subdivision shall be consistent with the information contained in the file, #02-S1921 or as modified by conditions of approval; 2. The following fees shall be collected at building permit for new single family dwellings: Poudre R-1 school fees in lieu of dedication, Larimer County fees for County and Regional Transportation, the Larimer County Park Fee in lieu of dedication and the Fossil Creek Drainage Basin Fee. The fee amount that is current at the time building permit application shall apply. Prior to construction, the applicant must contact the County Engineering Department and obtain a Development Construction Permit; 3. The applicant shall provide a Final Development Agreement and Disclosure Notice for approval by the County to be recorded with the Final Plat. This notice will provide information to all lot owners of the conditions of approval and special costs or fees associated with the approval of this project. The notice shall include, but is not limited to; the issues related to rural development, the need for engineered footings and foundations, the need for passive radon mitigation, and the issues raised in the review and or related to compliance with the Larimer County Land Use Code; 4. The applicant shall comply with the requirements of the County Engineer in there memo dated March 6, 2002, with the exception of the establishment of a Homeowners Association to provide for road maintenance. The applicant, as the sole user of the new Laeda Lane, shall be responsible for its maintenance. Any other properties that take access the Laeda Lane extension provided by this subdivision must share in the maintenance costs.

3. AMENDED PLAT OF INTERCHANGE BUSINESS PARK PLANNED UNIT DEVELOPMENT (PUD) LOTS 9 & 10, 02-S1929: This is a request for An Amended Plat to combine lots 9 & 10 of the Interchange Business Park PUD, no easement are being vacated. The resulting lot will be 2.17 acres in area. The purpose of this request is to accommodate the business known as First Class Direct, which is a mailing service. By combining the two lots this business will construct a building large enough to meet their needs and still allow for future expansion. The Board of County Commissioners on January 30, 2001 approved the Interchange Business Park PUD, which consists of 17 commercial use lots. Since the approval the developer has installed the improvements for the overall development, and construction of individual uses has begun on several of the lots. Based upon the review of the proposed amended plat application, staff has identified no issues of concern regarding this proposal. Staff recommends that the Board of Commissioners approve the Amended Plat to combine Lot 9 & 10 of the Interchange Business Park PUD.

4. LONGVIEW PRELIMINARY RURAL LAND USE PLAN, 02-S1944: This is a request to divide approximately 77 acres into a total of 4 lots-three residential lots and one Residual Lot with one single-family dwelling. One lot will be approximately 3 acres in size and will include the existing home site and residence; two lots will be approximately 8-10 acres in size and will each be allowed one single-family dwelling. The remaining lot, which will be the Residual Lot, will be approximately 52 acres in size and will be allowed one single-family dwelling. The Residual Lot will be protected from further development for a minimum of 40 years, under the RLUP. The Rural Land Use Director recommends that the Board of County Commissioners approve the Longview Preliminary Rural Land Plan. The following contingencies must be met prior to approval of final plat by the Board of County Commissioners:

  1. Internal road design and other engineering requirements, including utilities, roads, road easement dedication, storm water plan, and erosion control plan, shall meet minimum design standards set forth in Appendix G of the Larimer County Road Manual. Design shall be prepared and stamped by a qualified professional engineer licensed in the State of Colorado. Roads may be contained in a private access and utility easement and roads shall not be required to be in a public right-of-way. A 60 feet right-of-way (30-foot half right-of-way) will be required along Larimer County Road 50 and any new access will be required to be a minimum of 300 feet away from any other access onto Larimer County Road 50.

  2. The residual land protective covenant and management plans must be reviewed and approved by the County Attorney and the RLUC Director prior to final plat approval. The management plan must include a provision that irrigation water will be made available while establishing dryland grass cover.

  3. The final development agreement must be reviewed and approved by the County Attorney prior to final plat approval.

  4. If project if designed for fire protection, 8.1.4. -Fire Protection and Emergency Medical Service Level of Service Standards must be followed. If no fire protection is provided, automatic fire protection sprinklers will be required for all new residential structures or written permission for variance from this requirement from the fire district.

  5. The residual lot building envelope must be located so that a minimum 200' buffer from the Water Supply & Storage Ditch is maintained outside the envelope.

  6. The following must be listed as a note on the final plat and on a disclosure statement, approved by the County Attorney, available to lot buyers through the public records at the time of purchase:

  1. 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 Building 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.

  2. Engineered footings and foundations are required for new residential construction. Basement construction will not be allowed unless it can be demonstrated on a lot by lot basis that the ground water table is at least 3 feet below the basement floor elevation.

  3. Lot owners should be advised that there is a potential for nuisance conflicts from wildlife (such as skunks, mountain lions, bears, raccoons, foxes, coyotes, prairie dogs and snakes). The Colorado Division of Wildlife can provide information to property owners about how to handle these situations, but lot owners are responsible for addressing wildlife conflicts if they arise.

  4. 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.

  5. 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.

  6. Agricultural operations and farming practices on adjacent properties can produce odors, noise and dust. These are a normal part of agriculture and should be expected to occur. In addition, plowing, planting, cultivating, spraying, harvesting, and various livestock operations may be carried out at all times including nighttime.

  7. 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 should be coordinated with drainage and erosion control issues, siting of sanitation systems, fencing and feeding.

  8. Larimer County has adopted a Right to Farm Resolution.

  9. The following fees shall be collected at building permit issuance for new single-family dwellings: Poudre R-1 school fees, Larimer County fees for County and Regional Transportation Capital Expansion, Drainage Fees, Larimer County Park Fees (in lieu of dedication), and Rural Land Use Process fees. The fee amount that is current at time of building permit application shall apply;

  10. Some or all lots in this development include building envelopes. All structures must be located within these Larimer County approved building envelopes, as shown on the approved subdivision plat.

  11. Larimer County shall not maintain roads or streets in this development. Maintenance of the streets shall be the responsibility of the property owners. Failure to maintain streets may result in a lien being placed on these lots.

  12. At time of real estate closing, owner shall provide purchasers of residential lots and residual lands with the Code of the West, a County document which addresses differences between urban and rural living in Larimer County.

  13. The owners of the residual land parcel shall be responsible for providing an annual monitoring report for the residual land to Larimer County Rural Land Use Center.

  14. Lots in this Rural Land Plan are subject to the conditions and requirements of a Development Agreement. The Developer and Larimer County executed this agreement in consideration of the approval of this Development. This Agreement was recorded immediately after this plat. All purchasers should obtain and read the Development Agreement.

5. DOUGLAS FARM EXEMPTION TIME EXTENSION, 01-S1800: This is a request to extend the Preliminary approval for the Douglas Farm Exemption for one year from the original approval date which was granted on July 9, 2001. The applicant is asking for the additional time extension in order to more effectively use Colorado State income tax credits for perpetual conservation easements. These tax credits are an important component of the financial planning for this low-density conservation-oriented development. The Colorado conservation easement tax credit program is new, first going into effect in 2001. The applicants purchased the Douglas Farms property based on certain plausible interpretations of the newly written tax laws regarding ownership and transfer of the tax credits. The Colorado Department of Revenue has taken a view contrary to the applicants and their accounting advisors interpretation, resulting in the critical need to extend the time allowed to place the land under perpetual easement. The state subsequently made technical corrections to the state statute to clarify the ambiguous original language. Staff recommendation is for approval of the one-year extension of the plan until July 19, 2003. All conditions of approval as stated in the Findings and Resolution dated July 19, 2001, continue to apply.

7. PARADISE VALLEY ESTATES TRACT E AMENDED PLAT, 02-S1961: This is a request to covert Tract E from a tract intended for the use of the Colorado Division of Wildlife to a Building Lot. Paradise Valley Estates was originally approved on February 28, 2000. The Final Plat was approved on January 16, 2001 and the Final Plat was recorded on January 24, 2001. At the time of the original approval the applicant, with the concurrence of the Division of Wildlife indicated a Tract E on the plans. The intent of this tract was to serve as additional space for parking and other activities associated with the Division's use of Lonetree Reservoir. This parking area would have been screened and buffered as a part of the development of the site by the Division. The overall development of Paradise Valley Estates was accomplished under the old Larimer County Subdivision regulations. Although the time of the platting was coincident with the development of the new Larimer County Land Use Code and after the adoption of the Larimer County Master Plan. The plan was devised to mimic the apparent direction of the Code with respect to what is now know as the Conservation Development. The density is below that which could have been achieved under the old regulations and there is a substantial buffer to CR. 23 and stipulated setback to Lonetree Reservoir. There was considerable public discussion of this and other projects proceeding through the process at the time. Issues were density and intensity of development. The final Plat of Paradise Valley Estates reflects the compromises made in the plan there are less than 50% of the possible units platted and there is in excess of 60% of the site retained as open space/residual land. At the time of the plating of the final plat it was not clear that the Division of Wildlife would use the site but it was not definite. The decision was made to plat the site as Tract E but to provide for an amended plat process with notice to the residents/lot owners and neighbors to allow for their input, if conversion to a building lot was to be made. On January 7, 2002 the Division of Wildlife Area Manager provided the applicant a letter indicating that the Division would not use this site as a parking lot or for any other purpose. The staff would recommend the Board of County Commissioners approve Paradise Valley Estates Tract E Amended Plat, file # 02-S1961, subject to the following conditions: The plat must shall include the building setback line from Lonetree Reservoir as shown on the original plat of Paradise Valley Estates and include a reference to the original Development Agreement in addition to the standard requirement regarding covenants and restrictions.

M O T I O N

Commissioner Bender moved that the Board of County Commissioners approve the Miller Subdivision Preliminary Plat Time Extension #00-S1606; Kapperman Subdivision Preliminary Plat #00-S1750; Interchange Business Park Planned Unit Development Lots 9 & 10 Amended Plat #02-S1929; Longview Preliminary Rural Land Use Plan #02-S1944; Douglas Farm Exemption Time Extension #01-S1800; Paradise Valley Estates Tract # Amended Plat #02-S1961 as presented and outlined above.

Motion carried 3 - 0.

At this time, Commissioner Rennels excused herself from the hearing, and did not vote on item number 6 due to a conflict of interest.

6. STEGNER PIT TEMPORARY HAUL ROUTE FOR BUREAU OF RECLAMATION, 02-Z1438: This is a request to allow for the temporary, over a two year period, alteration of the approved haul route for the Stegner Pit. And to allow for up to 100 trucks to haul material south on Taft Hill Road when 10 were originally approved. Staff recommendation is to approve the request of the Bureau of Reclamation to allow for the haul of sand and gravel material from the Stegner Pit for the three eastern dams at Horsetooth Reservoir modernization project subject to the following conditions:

  1. The amount of material to be hauled will total approximately 385,000 cubic yards;

  2. Material will be hauled along this route from May through November 2002 and March through September 2003;

  3. The number of truckloads per day will be governed by the more restrictive of the existing permit and Reclamation's contract provisions. Reclamation's contract allows no more than 150 truckloads per day to pass any one location along public roads. (This cannot exceed the original approval of 100 load out per day, which is a part of the Stegner Pit approval.)

  4. The hours of hauling will be governed by the more restrictive of the existing permit and Reclamation's contract provisions. Reclamation's contract allows hauling only Monday through Friday from 8:00 to 5:00. (This is more restrictive than the Stegner Pit approval.)

  5. A traffic control plan for trucks entering and leaving the pit will be developed and submitted to the County for approval. The approved plan will be implemented for any hauling on Taft Hill.

  6. As required in their contract with Reclamation, Delhur will make temporary repairs to haul routes in the same work shift as pavement failure occurs, and make permanent repairs within two weeks of making a temporary repair.

  7. A Cooperative Agreement between Reclamation and Larimer County Engineering has been drafted and is being put in place. It includes pre-and post-construction assessment of the condition of roads along the haul route and determination of the need for overlays or other remediation. Taft Hill Road from the pit to LaPorte Avenue will be added to the list of roads to be assessed.

  8. Improvements to the access, as detailed in the memo dated June 5, 2002 from Roxanne Hayes, Larimer County Engineering Department, to the pit are completed within 45 days of approval.

M O T I O N

Commissioner Bender moved that the Board of County Commissioners approve the Stegner Pit Haul Route Revision #02-Z1438 as outlined above.

Motion carried 2-0.

8. INDIAN CREEK MEADOWS RURAL LAND PLAN CHANGE OF CONDITION, 02-S1973: This is a request to amend the condition of approval that requires installation of residential fire sprinkler systems in all homes in this development. Mr. Reidhead noted that a condition of specifically stated that: A fire protection plan shall be developed to ensure that individual residences are adequately protected. This may include the provision of fire hydrants, with appropriate flows or the use of residential fire sprinklers. This project's Final Plat was approved on August 5, 1997, and recorded on August 8, 1997, at Reception Number 97051547. A note was listed on the plat that required all residential buildings to have fire sprinkler systems.

Mr. Reidhead explained that in November 1999, a request was made to have the fire sprinkler condition removed by ten of the property owners in the Indian Creek Meadows Rural Land Plan. That request was heard before the Board of County Commissioners on November 1, 1999, and was denied.

Mr. Reidhead noted that when Mr. Rick Goetz of Gibraltar Construction was ready to apply for a building permit on Lot 4, he initially talked with the County Building Department. In turn, he was told he should talk to the local fire authority to find out what needed to be done regarding fire protection for this residence. Mr. Goetz was told by the Wellington Fire Department that they (the applicant) could install a 3000-gallon water storage tank in order to satisfy Wellington fire protection requirements. When he actually applied for the building permit he was then told he must install a sprinkler system because it was a condition of approval.

At that time, Mr. Goetz informed the Building Department that some of the houses built on Indian Creek Meadows' lots were not required to install the sprinkler systems when the building permit was pulled and others were. Unfortunately, this has been verified. It appears that out of the 5 homes that have been built, only 2 were required to have the sprinkler systems at the time of building permit. The applicant believes that the other 3 were allowed ponds for their fire protection. There are now 2 more homes under construction that are being required to have a fire sprinkler system. One of those is the applicant. The other is still in the framing stage and is not yet to a point of installing the sprinkler system.

Mr. Reidhead noted that in trying to obtain clear direction, consistency, and to define options that would be more acceptable to the homeowner, the applicant approached the Rural Land Use Center to discuss the possibility of having the sprinkler system requirement removed. The applicant is requesting to be able to use a 3000-gallon water storage tank accessible to emergency services instead of the fire sprinkler system. He has received a letter from the Wellington Fire District indicating that a 3000-gallon water storage tank would be adequate fire protection for this home. This letter is less restrictive than the previous letter received from the Fire District in 1999, when the other request to remove the fire sprinkler requirement was made. Mr. Reidhead noted that he supports the applicants request and recommends that the Board of County Commissioners approve the Indian Creek Meadows Rural Land Plan Amendment request to remove the requirement for residential fire sprinkler systems for all homes in the development, as long as a 3000-gallon water storage tank is provided for each home. All other conditions of this plan would remain in effect.

At this time Chair Gibson opened up the hearing to public comment. Mark Anspach addressed the Board noting that he did not discover the sprinker system requirement until the time of his building application and possibly would not have purchased the lot had he known of the requirement. Mr. Anspach stated that he feels sprinkler systems are subject to failure and he stated that he would rather install the 3000-gallon water storage tank or a retention pond, or something along those lines. Bill Rutledge addressed the Board stating that he was representing property owner Tom Brewer, whose house is currently under construction. Mr. Rutledge stated that they did not want to install the sprinkler system either, but would agree to install the 3000 water storage tank as fire protection for the home.

Chair Gibson closed public comment. Commissioner Rennels asked for clarification regarding which homes would be able to utilize the 3000 water storage tanks. Mr. Reidhead stated that although the applicant has made the request, the condition would apply to all homes in the development.

M O T I O N

Commissioner Rennels moved that the Board of County Commissioner approve the Indian Creek Meadows Rural Land Plan Amendment request to remove the requirement for residential fire sprinkler systems as long as a 3000 gallon water storage tank, or appropriate fire protection, is provided for each home, and that all other conditions of this plan will remain in effect.

Motion carried 3-0.

9. JONES MINOR LAND DIVISION, 02-S1958: Mr. Lafferty noted that the applicant for this project was not in attendance and stated that it was a complicated issue and that the applicant should be present before the Board hears this item. For this reason, Mr. Lafferty requested that this item be table until July 8th, 2002, at 3:00 p.m.

M O T I O N

Commissioner Bender moved that the Board of County Commissioners table the Jones Minor Land Division, file number 02-S1958, until July 8, 2002, at 3:00 p.m.

Motion carried 3-0.

10. FORT FUN MINOR LAND DIVISION LOT 1 AMENDED PLAT, 02-S1952: Mr. Lafferty explained that this is a request to approve an Amended Plat to add an adjacent metes and bounds parcel to Lot 1 of the Fort Fun MLD. Mr. Lafferty noted that the owner of Fort Fun has acquired the parcel of land adjacent to the northeast corner of the site, and is requesting that it be added to the Fort Fun property, which will allow for expansion of the Fort Fun Entertainment Facility. Mr. Lafferty noted that staff is recommending approval of the request, however, there is an issue with the easements not being illustrated on the plat and Dale Greer from the Engineering Department would not sign off on the project without the easements being outlined. Applicant Jeffery McClure addressed the Board noting that the reason his surveyor did not outline the easement on the plat is because it is an arbitrary line. Mr. McClure noted that the easement changes and moves over time due to the fact that it is alongside a dike from the Poudre River. Mr. McClure noted that there is currently no land where the easement was last drawn due to the flood of 1997, and the Army Corps of Engineers will not allow them to replace the land since that would have had to occurred within the first year of the flood. Mr. McClure stated that he has every intention to give the 30-foot easement, but there currently is no good way to determine exactly where that line is.

Some discussion ensued and the Board agreed that the applicant should be able to satisfy the easement requirement with a plat note.

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners approve the Amended Plat to combine the adjacent metes and bounds parcel to Lot 1 of the Fort Fun MLD, and the applicant shall satisfy by plat note the issues raised by Dale Greer of the Larimer County Engineering Department.

Motion carried 3-0.

11. SUTZMAN ZONING VIOLATION, 01-ZV0137: Ms. DeLude explained the location of the property as 120 N. County Road 21, in Berthoud and gave the background of this violation as follows: In June of 2001, a complaint was referred from the Health Department to Zoning Code Enforcement. It was with regards to a travel trailer, which had been occupied for approximately 5 years. There is no sewage disposal system of record. Photos of the property were forwarded to Planning staff and as a result, the owner was also cited for outdoor storage of junk. In July of 2001, the owner of record was a company named Regata Capital, LTD. Their attorneys responded to the first violation letter stating they were currently in litigation with the occupant of the property, Mr. Chris Sutzman. An extension was granted while ownership was resolved between the two parties. In November of 2001, Regatta Capital called staff and stated that Mr. Sutzman had taken over ownership of the property. He was again cited and there was no response to staff. To date, the travel trailer remains on site and appears to be occupied, despite there being no sewer disposal system. In addition, the outdoor storage of junk continues. In addition, staff continues to receive complaints from neighbors. Ms. DeLude explained that there is a health issue because there is not approved method of sewage disposal on site, and from a zoning standpoint, since there is no principle structure on site storage of junk or occupancy/storage of the travel trailer would not be permitted per the Land Use Code. Ms. DeLude recommended that the Board find that a violation exists, require compliance within 90 days - compliance would require that the junk and travel trailer be removed from the parcel, and authorize legal action if the deadline is not met.

M O T I O N

Commissioner Bender moved that the Board of County Commissioners find that a violation exists and require compliance within 90 days. Compliance would require that the junk and travel trailer be removed from the parcel. In addition, legal action is authorized if the deadline is not met.

Motion carried 3-0.

12. ARVIDSON ZONING VIOLATION, 00-ZV1422: Ms. DeLude noted that Mr. Arvidson had stopped by to see her today and explained that he is currently working with the Building Department to obtain permits and to have the proper inspections performed; she requested that this item be tabled to August 5, 2002, at 3:00 p.m., in order to allow Mr. Arvidson the opportunity to resolve this issue.

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners table the Arvidson Zoning Violation, file number 00-ZV1422, to August 5, 2002, at 3:00 p.m.

Motion carried 3-0.

The meeting adjourned at 3:45 p.m.

TUESDAY, JUNE 18, 2002

ADMINISTRATIVE MATTERS

(#62)

The Board of County Commissioners met at 9:00 a.m. with Neil Gluckman, Assistant County Manager. Chair Gibson presided and Commissioners Bender and Rennels were present. Also present were: Captain Bill Nelson, Sheriff's Department; Lieutenant Tim Palmer, Sheriff's Department; Matt Lafferty, Planner II; Ralph Jacobs, Human Resources Director; Jannelle Henderson, Natural Resources Director; Donna Hart, Commissioner's Administrative Manager; Melinda Keen, Commissioner's Secretary II; Deni LaRue, Community Information Manager; and Gael Cookman, Recording Clerk.

  1. PUBLIC COMMENT: Rolf Kleeberg and Joyce Dust appeared before the Board for public comment. Mr. Kleeberg requested an appeal on a parcel of land that he owns in order to be able to go through the Minor Land Division process.

    2. Ms. Dust voiced her concerns regarding the crowds of people and vehicles that line the highway around the Mishawaka Inn, which is located in the Poudre Canyon.

  2. APPROVAL OF THE MINUTES FOR JUNE 3, 2002 AND JUNE 10, 2002:

    3. M O T I O N

    Commissioner Bender moved that the Board of County Commissioners approve the minutes of June 3, 2002 and June 10, 2002 as presented.

    Motion carried 3-0.

  3. APPROVAL OF THE SCHEDULE FOR THE WEEK OF JUNE 24, 2002:

    4. M O T I O N

    Commissioner Rennels moved that the Board of County Commissioners approve the schedule for the week of of June 24, 2002 as corrected.

    Motion carried 3-0.

  4. APPROVAL OF THE CONSENT AGENDA:

    5. M O T I O N

    Commissioner Bender moved that the Board of County Commissioners approve the following items as listed on the Consent Agenda for June 18, 2002:

    PETITIONS FOR ABATEMENT - As recommended by the Assessor, the following petitions for abatement are approved: Zella Ann Brink; William E. Carroll; Cindy L. Gilzean; Garret and Kim Mills.

    A02-75 COOPERATIVE AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE UNITED STATES DEPARTMENT OF THE INTERIOR NATIONAL PARK SERVICE, ROCKY MOUNTAIN NATIONAL PARK SERVICE, AND LARIMER COUNTY YOUTH CONSERVATION CORP

    A02-76 DEVELOPMENT AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND JAKE KAUFFMAN & SON, INC., AND NATURE ESTATES HOMEOWNERS ASSOCIATION

    A02-77 DEVELOPMENT AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND DALE L. STEWART AND JOY A. STEWART FOR CARTER-KIVA RANCH SUBDIVISION

    A02-78 CONSTRUCTION AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND DON KEHN CONSTRUCTION, INC. (Reconstruction of County Road 5 - Project No. 249)

    A02-79 CONSTRUCTION AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND COLORADO CONSTRUCTORS, INC. (Superstructure Replacement for Bridge N. 48-0.2-19 PN 243)

    A02-80 ADDENDUM TO AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND CORDOVA'S HORSETOOTH LIGHTHOUSE, INC. (Extend terms of concession license)

    A02-81 PARTIAL ASSIGNMENT OF CONSERVATION EASEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS, THE CITY OF FORT COLLINS, AND ACKNOWLEDGED BY THE STATE BOARD OF AGRICULTURAL BY AND THROUGH COLORADO STATE UNIVERSITY

    C02-21 CONTRACT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE STATE OF COLORADO FOR THE USE AND BENEFIT OF THE STATE BOARD FOR COMMUNITY COLLEGES AND OCCUPATIONAL EDUCATION

    C02-22 CONTRACT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE STATE OF COLORADO FOR THE USE AND BENEFIT OF THE DEPARTMENT OF LOCAL AFFAIRS (Clean up of Alps Tire Pile)

    C02-23 EMERGENCY SHELTER GRANT CONTRACT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND AND THE STATE OF COLORADO FOR THE USE AND BENEFIT OF THE DEPARTMENT OF LOCAL AFFAIRS, DIVISION OF HOUSING (Emergency shelter grant funds for homeless services)

    D02-14 DEED OF DEDICATION OF RIGHT-OF-WAY OF PROPERTY AS A PUBLIC HIGHWAY USE

    R02-102 FINDINGS AND RESOLUTION APPROVING THE PRELIMINARY PLAT OF THE CARTER-KIVA RANCH SUBDIVISION

    R02-103 FINDINGS AND RESOLUTION APPROVING THE VACATION OF A DEDICATED RIGHT-OF-WAY IN NE 1/4 OF 13-8-69 EAST OF PHEASANT LANE

    R02-104 FINDINGS AND RESOLUTION APPROVING THE BEVERLY ACRES SUBDIVISION PRELIMINARY PLAT

    R02-105 FINDINGS AND RESOLUTION APPROVING STREET NAMING I ABRAMS FARM SUBDIVISION

    R02-106 FINDINGS AND RESOLUTION APPROVING THE EXTENSION OF PRELIMINARY PLAT APPROVAL OF RISTVUE II PRELIMINARY RURAL LAND PLAN

    R02-107 FINDINGS AND RESOLUTION APPROVING THE PRELIMINARY PLAT FOR THE CARLSON SUBDIVISION

    R02-108 FINDINGS AND RESOLUTION APPROVING THE BORESEN PRELIMINARY RURAL LAND PLAN

    R02-109 FINDINGS AND RESOLUTION APPROVING THE PRELIMINARY PLAT FOR THE LINCOLN INDUSTRIAL PARK PLANNED LAND DIVISION AND REZONING

    R02-110 FINDINGS AND RESOLUTION APPROVING THE BIG HORN RIDGE SUBDIVISION PRELIMINARY PLAT

    R02-111 SPECIAL REVIEW FINDINGS AND RESOLUTION APPROVING THE PETITION OF AMERICAN LUTHERAN CHURCH, INC.

    R02-112 RESOLUTION CONCERNING WILLIS FARM SUBDIVISION APPEAL TO MODIFY DEVELOPMENT AGREEMENT

    R02-113 RESOLUTION FOR STATUTORY VESTED RIGHTS FOR CARTER-KIVA RANCH SUBDIVISION

    R02-114 RESOLUTION FOR STATUTORY VESTED RIGHTS FOR NATURE ESTATES SUBDIVISION

    R02-115 FINDINGS AND RESOLUTION APPROVING THE RELEASE OF COLLATERAL FOR UDY SUBDIVISION

    R02-116 RESOLUTION BY LARIMER COUNTY APPROVING A CHANGE OF CONTROL AND INTERNAL RESTRUCTURING OF MINORITY PARTNER IN CONNECTION WITH A MERGER OF AT&T CORPORATION AND COMCAST CORPORATION (US CABLE OF COASTAL-TEXAS, L.P.)

    R02-117 RESOLUTION BY LARIMER COUNTY APPROVING A CHANGE OF CONTROL AND INTERNAL RESTRUCTURING OF MINORITY PARTNER IN CONNECTION WITH A MERGER OF AT&T CORPORATION AND COMCAST CORPORATION (HERITAGE CABLEVISION OF DELAWARE, INC. a/k/a AT&T BROADBAND)

    MISCELLANEOUS: Carter-Kiva Ranch Final Plat; Nature Estates Subdivision Final Plat; Approve Rules and By-laws of the Urban Growth Area Review Board; Public Trustee First Quarter Report for 2002.

    LIQUOR LICENSES: The following licenses were issued: Boys & Girls Club of Larimer County - 6% - Loveland, CO Special Events Permit; State Board of Agriculture - 3.2% - CSU Fort Collins, CO Special Events Permit; Hearts and Horses - 6% - Loveland, CO Special Events Permit; Ptarmigan Club - 6% - Fort Collins, CO; Zippy's Liquor - 6% - Fort Collins, CO; Loveland Country Store - 3.2% - Loveland, CO; Overland Foods - 3.2% - LaPorte, CO; Hickory House South - 6% - Fort Collins, CO; Wapiti Park Corp. - 3.2% - Estes Park, CO; Wapiti Park Corp. - 6% - Estes Park, CO; JJ's Lounge - 6% - Fort Collins, CO; Fox Acres Equity Club - 6% - Red Feather Lakes, CO. The following licenses were approved: Villa Tatra, - Beer & Wine - Lyons, CO.

    Motion carried 3-0.

  5. WITHDRAWAL OF ORDINANCE FOR THE IMPOSITION AND COLLECTION OF ASSESSMENTS IN LIN MAR SUBDIVISION: This item was removed from the agenda.

  6. AMENDMENT OF SECTION 107 OF THE LARIMER COUNTY PERSONNEL POLICY MANUAL: Mr. Jacobs noted that this revision would allow the Board to delegate to the County Manager approval authority for certain policy waivers. Mr. Jacobs explained that each time the Board makes a specific delegation of this authority to the County Manager then it would be listed on the consent agenda in order to create a public record of the delegation.

    7. M O T I O N

    Commissioner Bender moved that the Board of County Commissioners approve adoption of the revisions to section 107 of the Larimer County Personnel Policy Manual providing for the delegation of authority to the County Manager to approve waivers of the personnel policies.

    Motion carried 3-0.

  7. BOARDS AND COMMISSIONS APPOINTMENTS AND REAPPOINTMENTS: Ms. Keen reviewed the following appointments and reappointments with the Board: Estes Valley Planning Commission: William Horton, appointment for a 4-year term expiring June 30, 2006; Open Lands Advisory Board: Peter Kast, appointment for a 3-year term expiring June 30, 2005; Workforce Investment Board: Joyce Benesh-Williams, J. Johnston, and Jean Paulson-Kislesky, appointments for a 2-year term expiring June 30, 2004; Katy Piotrowski and Lorna Reeves, appointments for a 4-year term expiring June 30, 2006; Frank Bruno, Mary Carraher, Liz Glathar, LeRoy Gomez, Kathy Louderback, and Nancy Wear, reappointments for a 4-year term expiring June 30, 2006.

    8. M O T I O N

    Commissioner Rennels moved that the Board of County Commissioners approve the appointments and reappointments to the various Boards and Commissions as outlined above.

    Motion carried 3-0.

  8. DISCUSSION OF EXPIRING TERMS ON BOARDS AND COMMISSIONS: Ms. Keen received guidance from the Board on whether to interview or extend and advertise to fill upcoming vacancies on various Boards and Commissions.

  9. WORKSESSION: Mr. Gluckman referred back to the issue that was raised in public comment regarding Mr. Kleeberg's property and presented the Planning Department's proposed solution.

    10. M O T I O N

    Commissioner Rennels moved that the Board of County Commissioners authorize the Planning Department to accept and process a Minor Land Division to change the status of Parcel #89120-00-018, should the Board of Adjustment approve a lot size variance for said property.

    Motion carried 3-0.

    Mr. Gluckman then presented the Board with a handout containing documentation from the Workforce Center and the Health Department requesting the Board's support on issues they would like presented to the Colorado Counties Incorporated (CCI) steering committees in hopes of crafting legislation to address issues such as funding for programs within these departments. Some discussion followed.

    Finally, Mr. Gluckman presented two requests from the League of Women Voters. The first was a request for Larimer County to assist in covering the printing costs of their brochure; the request was for $250.00, and Mr. Gluckman noted that the Board has provided this assistance in the past. Mr. Gluckman noted that the League of Women Voters also uses the Larimer County Fairgrounds McMillen Building to host their annual Rally and the second request was for Larimer County to waive the $400.00 fee to rent this building for their event.

    M O T I O N

    Commissioner Bender moved that the Board of County Commissioners approve the requests from the League of Women Voters and authorize the expenditure of $250.00 from the Commissioners Special Projects Fund to assist in printing the brochures for the League of Women Voters, and to waive the $400.00 fee to rent the Larimer County Fairgrounds McMillen Building for the League of Women Voters annual Rally.

    Motion carried 3-0.

  10. COMMISSIONER REPORTS: The Board reviewed their attendance to events within the past two weeks.

  11. EXECUTIVE SESSION REGARDING LARIMER COUNTY LANDFILL - (Audio Tape #63):

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners go into Executive Session for purchase acquisition, lease, transfer or sale of any real or personal property interest as outlined in 24-6-402-(4) (a) C.R.S.

Motion carried 3-0.

The Executive Session ended and Ms. Henderson presented a contract for the Board to sign, which would secure the purchase of 626 acres of land at the northwest corner of County Roads 9 and 76. Ms. Henderson noted that the Natural Resources Department would be investigating this property as a potential landfill site, and the sale would be contingent upon the site being adequate grounds for a future landfill; she stated that they are working on a vertical expansion of the current landfill, which would give the current landfill another 10 to 15 years of life. Ms. Henderson explained that the purchase price is $1,000,000.00 and that they will be utilizing money from the Landfill Replacement Fund to acquire the property. Ms. Henderson stated that it is a good piece of property with good access and they will be able to buffer the site from public view; she also noted that there is no development currently surrounding the property. Finally, Ms. Henderson explained that if they decide not site another landfill in Larimer County, then they could always re-sell the property and recover the investment.

M O T I O N

Commissioner Bender moved that the Board of County Commissioners authorize the Chair to sign the contract for purchase of the 626-acre parcel located at the northwest corner of County Roads 9 and 76 for use as a future landfill.

Motion carried 3-0.

C02-24 CONTRACT TO BUY AND SELL REAL ESTATE

The meeting adjourned at 11:45 a.m., no further action taken.

_________________________________________

GLENN W. GIBSON, CHAIR

BOARD OF COUNTY COMMISSIONERS

MYRNA J. RODENBERGER

LARIMER COUNTY CLERK & RECORDER

( S E A L )

ATTEST:

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Gael M. Cookman, Deputy County Clerk