PROCEEDINGS OF THE BOARD OF COUNTY COMMISSIONERS
MONDAY, JANUARY 11, 1993
SUBDIVISIONS
(#130)
The Board of County Commissioners met at 9:00 a.m. in regular session
with Russ Legg, Development Processing Administrator. Chairman
Hotchkiss presided; Commissioners Klassen and Mekelburg were present.
Also present were: Jerry White, Zoning Administrator; Jill Bennett,
Comprehensive Planner; Elaine Spencer, Director of General Engineering
Services; Jerry Blehm, Public Health; Jeannine Haag, Assistant County
Attorney; and Bill Gordon, County Administrator. Recording Clerk, S.
Graves.
Mr. Legg advised the Board that the following are consent items and will
not be discusssed in detail unless specifically requested by the
Commission or members of the audience.
1. BARKER SPECIAL REVIEW (#92-ZR0171): W 1/2 OF 13-08-68; EAST SIDE
OF COUNTY ROAD 3, 1/2 MILE NORTH OF COUNTY ROAD 56 (NORTHEAST OF
COBB LAKE); 58 ACRES; OPEN ZONING (1-11-93)
This is a request for Special Review to allow a private airfield (grass)
for use of lot owners in the Barker Minor Residential Development.
Staff Findings include: 1) The proposed use is generally consistent with
the Zoning Resolution and the Comprehensive Land Use Plan; 2) Under
certain conditions, the proposed use will be compatible with existing
land uses in the area and will not affect those land uses or property
values; 3) If developed and operated properly, the proposed use will not
have an impact on existing services, traffic facilities, or the natural
environment.
The Planning Commission/Staff Recommendation is for Approval of the
Barker Special Review, with the following conditions: 1) No lighting
allowed on the airstrip; take-offs and landings permitted only during
the daylight hours; 2) No fly-ins, special events, or commercial
operations permitted; 3) Only fixed wing, single engine planes
permitted; 4) Airplanes and fuel will be maintained on the individual
lots, not in a common area or structure; 5) A maximum of ten landings
per week will be allowed; 6) The airstrip is to be used only for the
benefit of the four lots in the Barker Minor Residential Development; 7)
Unless otherwise required by the above conditions, all development and
use shall be consistent with Zoning File Exhibit A (Application for
zoning action dated October 9, 1992, with attachments); 8) Landing
patterns are to avoid houses other than in the Minor Residential
Development; 9) Subject to FAA approval, if necessary.
2. POCHE SPECIAL REVIEW (#92-ZR0150): SW OF 22-09-68; NORTH OF COUNTY
ROAD 66, EAST OF I-25; 35 ACRES; O-OPEN ZONING (1-11-93).
This is a request to develop a wildlife research farm to test the
effects of agricultural chemicals on wildlife. Staff Findings are: 1)
The proposed use is consistent with the intent and purposes of the
County Zoning Resolution and Comprehensive Land Use Plan; 2) The
proposed use is compatible with surrounding land uses and will not
impact other land uses or property values in the area or the natural
environment; 3) The proposal will not impair the public health, welfare,
prosperity, or safety if developed and operated properly.
The Planning Commission/Staff Recommendation is for Approval of the
Poche Special Review, with the following conditions: 1) Development and
operation of the property must be consistent with the site plan,
landscaping plan, and narrative submitted by the applicant. Expansion
of the operation above the maximum levels indicated in the application
will require review and approval through the Special Review procedure;
2) A residential building permit will not be issued on the property
until an unrestricted water tap is obtained; 3) A State Access Permit
must be obtained before any construction on the site; 4) If the
applicant fails to meet Environmental Protection Agency, Department of
Agriculture, Animal Control Act, or the Larimer County Health
Departments Rules that regulate and license this proposal, and if a
complaint of significant and substantiated nature is found, then this
approval will be revoked and require an additional Special Review to
resume testing.
3. MEHL MINOR RESIDENTIAL DEVELOPMENT (#92-EX0189): W 1/2 OF 23-04-70;
SOUTHEAST OF CARTER LAKE ON THE WEST SIDE OF COUNTY ROAD 27E;
37.25 ACRES; 2 LOTS; O-OPEN ZONING (1-11-93).
This is a request for Minor Residential Development to divide a 37 acre
parcel into two lots of 25 and 12 acres for single family dwellings.
Staff Findings include: 1) The proposed Mehl Minor Residential
Development is consistent with the minimum requirements of the
Subdivision Resolution for Minor Residential Developments, with the
existing zoning of the site, and with existing development in the area
and is currently divided by an existing road through the property; 2)
The County Health and Engineering Departments and other reviewing
agencies have reviewed the proposed Minor Residential Development and
their comments and recommendations are included in the Staff Report for
the County Commissioner's Hearing; 3) Approval of the Mehl Minor
Residential Development, with the following conditions, will not result
in any significant negative impacts on surrounding properties, utility
services, transportation facilities, or the natural environment.
Staff Recommendation is for Approval of the Mehl Minor Residential
Development, with the following conditions: 1) The new well permit, as
requested by the State Engineer in a letter dated December 15, 1992,
shall be provided to the Planning Department prior to recording of the
Final Plat; 2) Sufficient additional right-of-way shall be reserved on
the Final Plat to provide a half right-of-way of 50' along the frontage
of County Road 27E; 3) The following notes shall appear on the Final
Plat: A) The south lot shall only have access from Bennett Road. No
access to the County Road is permitted; B) A 2.8 Road Fee of $2,836
shall be paid at the time of building permit application for new single
family dwellings; C) Fire protection for new single family dwellings
shall be by water storage and residential sprinkler systems approved by
the Berthoud Fire District. No Variance from this requirement is
permitted; D) The St. Vrain Supply Canal Road shall not be utilized as
an access to the parcels; E) Property owners shall not construct or
otherwise permit activities in the Canal Easement that would impact the
operations and maintenance of the St. Vrain Supply Canal; F) Larimer
County Park Fees shall be collected at the time of building permits for
single family dwellings; G) Engineered foundation plans shall be
required for any construction on the site; H) The use of the parcels
shall be limited to single family dwellings and accessory uses as
defined in the Larimer County Zoning Resolution; 4) A letter shall be
received from the Bureau of Reclamation prior to recording of the Final
Plat, which indicated the applicant has met and resolved the location of
the fence adjacent to the canal; 5) The Final Plat shall include the
notation of utilities available to the site; 6) All conditions shall be
complied with and the plat recorded no later than July 9, 1993, or this
approval is null and void.
M O T I O N
Commissioner Klassen moved that the Board adopt the Staff Findings and
Staff Recommendations and approve the Barker Special Review
(#92-ZR0171); Poche Special Review (#92-ZR0150); and the Mehl Minor
Residential Development (#92-EX0189); each, with the conditions as
previously outlined.
Motion carried 3 - 0.
4. DISCUSSION OF PROPOSED WATER PARK AT COUNTY ROAD 9 AND HIGHWAY 34:
The Planning Staff updated the Board on the status of the proposed Water
Park in Loveland at County Road 9 and Highway 34. The proposed site is
in the County in the UGA and will soon be annexed by the City of
Loveland. This matter will be heard by the Loveland City Council on
January 12, 1993 and a Public Hearing held on January 19, 1993. After
discussion, the Board deferred action until further discussions can be
held to provide an opportunity for the new Board of County Commissioners
to participate in any decision regarding this matter.
The meeting adjourned at 9:40 a.m.
TUESDAY, JANUARY 12, 1993
REORGANIZATION OF THE BOARD OF COUNTY COMMISSIONERS
(#130 @ 2199)
The Board of County Commissioners met at 11:00 a.m. in regular session.
Interim Chairman Hotchkiss presided; Commissioners Disney and Duvall
were present. Also present was Bill Gordon, County Administrator.
Recording Clerk, S. Graves.
1. MOTION TO APPOINT CHAIRMAN:
M O T I O N
Commissioner Disney moved that the Board appoint Courtlyn W. Hotchkiss
as Chairman of the Board of County Commissioners for 1993 and authorize
him to buy and sell real estate upon approval by the Board.
Motion carried 3 - 0.
2. MOTION TO APPOINT CHAIRPERSON PRO-TEM:
M O T I O N
Commissioner Disney moved that the Board appoint Janet Duvall as
Chairperson Pro-Tem of the Board of County Commissioners for 1993 and
authorize her to buy and sell real estate in the absence of the Chairman
upon approval by the Board.
Motion carried 3 - 0.
3. CONFIRMATION OF BOARD ASSIGNMENTS:
M O T I O N
Commissioner Duvall moved that the Board confirm the following
assignments to Boards and Committees:
Chairman Hotchkiss: Block 31 Committee; Colorado Natural Hazards
Mitigation Council; Committee on Disposition of Forfeited Property; Data
Processing Committee; and the following CCI Steering Committees;
Committee for Conflict Resolution, General Government Committee, and
Public Lands Committee.
Chairperson Pro-Tem Duvall: Community Action Board; Fort Collins, Inc.,;
North Front Range Transportation and Air Quality Planning Council;
Private Industry Council; and the following CCI Steering Committees;
Agriculture, Game and Fish Committee, Health and Human Services
Committee, and Transportation Committee.
Commissioner Disney: Emergency Management Title III Board; Fair Board;
Loveland Economic Development Council; North Front Range Water Quality
Planning Council; Parks Board; and the following CCI Steering
Committees; Committee on the Future, Land Use and Natural Resources
Committee, and Taxation and Finance Committee.
Motion carried 3 - 0.
4. POSTING OF NOTICE OF MEETINGS RESOLUTION:
M O T I O N
Commissioner Duvall moved that the Board adopt a Resolution designating
the door to the northernmost entrance to the County Courthouse as the
public place for posting notice of Commissioners' meetings, and
authorized Chairman to sign same.
Motion carried 3 - 0.
R93-05g RESOLUTION DESIGNATING THE PUBLIC PLACE IN WHICH NOTICE IS
POSTED OF MEETINGS OF THE BOARD OF COUNTY COMMISSIONERS
The meeting adjourned at 11:10 a.m.
WEDNESDAY, JANUARY 13, 1993
ADMINISTRATIVE MATTERS
(#131 & #132)
The Board of County Commissioners met at 9:30 a.m. in regular session
with Bill Gordon, County Administrator. Chairman Hotchkiss presided;
Commissioners Disney and Duvall were present. Also present were: Patty
Arnett, Business Manager Health Department; and Bob Holt, Fairgrounds
Manager; Bob Keister, Budget Manager; and Bob Grewell, Finance Director.
Recording Clerk, S. Graves.
1. REQUEST FOR APPROVAL AND SIGNATURE FOR AN ADDITION OF A FULL TIME
EMPLOYEE TO THE STAFFING DOCUMENT: Ms. Arnett stated that verbal
notification has been received from the Colorado Department of Health to
increase staffing for three contracts: AIDS Education, Migrant Program,
and EPSDT (Early Periodic Screening Testing and Diagnosis). Funding
from the AIDS Education Contract will allow adding .05 FTE to an
existing .90 FTE of a Health Educator for a total of .95 FTE. The
Migrant Program will fund an additional .25 FTE Program Worker II which
will be added to an existing .75 FTE to total 1.0 FTE. The EPSDT
Program has authorized additional funding for a new .5 FTE Program
Worker II. Ms. Arnett noted that if funding is discontinued, the
staffing positions will be eliminated. No County dollars are required
for this increased staffing.
M O T I O N
Commissioner Disney moved that the Board approve the addition of a
Full-Time Employee to the Staffing Document and authorized the Chairman
to sign the required Personnel Authorization Requests.
Motion carried 3 - 0.
2. REQUEST FOR APPROVAL OF THE 1993 FEE SCHEDULES - LARIMER COUNTY FAIR
& FAIRGROUNDS: Mr. Holt requested Board approval of a Proposed Fee
Schedule for 1993 for the Fair and Fairgrounds, as approved and
recommended by the Fair Board.
M O T I O N
Commissioner Duvall moved that the Board approve the Proposed 1993 Fair
and Fairgrounds Fee Schedule, as proposed and recommended by the Fair
Board and the Fairgrounds Manager.
Motion carried 3 - 0.
Commissioner Disney applauded Mr. Holt for his good management of the
Fairgrounds and commented on what a valuable hidden economic resource
the Fair and Fairgrounds are to Loveland and to Larimer County.
5. APPOINTMENT TO THE OFFICE ON AGING ADVISORY COUNCIL:
M O T I O N
Commissioner Disney moved that the Board appoint Lori Mitchell to the
Office on Aging Advisory Council until December 31, 1994 to fill the
unexpired three-year term of Gail Reader, as recommended by the Office
on Aging Advisory Council.
Motion carried 3 - 0.
4. WORKSESSION:
-- Resolution for Reinstatement of Larimer County in CCI:
M O T I O N
Commissioner Duvall moved that the Board approve and the Chairman sign a
Resolution to Qualify for the Reinstatement of Larimer County to
Membership in Colorado Counties, Incorporated.
Motion carried 3 - 0.
R93-06g RESOLUTION TO QUALIFY FOR THE REINSTATEMENT OF LARIMER
COUNTY TO MEMBERSHIP IN COLORADO COUNTIES, INCORPORATED
-- Request from County Sheriff's of Colorado: In response to a letter
regarding the status of the multi-county effort to deal with the ongoing
problem of backlogged DOC inmates, and the state auditor's position on
reimbursement for DOC inmates, a cost-sharing approach for retaining
outside counsel to handle the litigation that is being initiated to
achieve the counties goals has been proposed. Larimer County is being
asked to provide $4,000 for this cost-sharing effort and Board approval
is requested.
M O T I O N
Commissioner Disney moved that the Board authorize the Larimer County
Sheriff to contribute $4,000 to the cost-sharing approach for retaining
outside counsel for litigation as proposed; funds to be derived from the
Sheriff's current budget.
Motion carried 3 - 0.
-- North Front Range Water Quality Planning Association Invoice: An
invoice has been received for the 1993 Dues for Larimer County's
participation in the North Front Range Water Quality Planning
Association in the amount of $8,409 and Board approval is requested.
Mr. Gordon noted that funds have been set aside for this expenditure.
CONSENSUS OF THE BOARD was to approve the payment of this invoice.
At 10:00 a.m., the Board moved into the Hearing Room for continued
discussion of the proposed Water Park at Highway 34 and County Road 9 in
Loveland. Discussion ensued regarding whether or not Larimer County
should make official comments on the land-use question at this site.
This location is in the Urban Growth Area and annexation is proposed.
Mr. Legg provided the background information, noting that in October of
1992 when the water park was proposed east of Namaqua Hills west of
Loveland in an annexed area, the former Board of County Commissioners
called for a hearing; now the residents of Boyd Lake Shores have asked
for the County to do the same for this location. This matter will be
discussed further at the Public Works Meeting scheduled for Tuesday,
January 19, 1993.
At 10.30 a.m., the Board returned to the Conference Room for
continuation of Worksession during Administrative Matters.
-- Legality of Commissioner Duvall's husband remaining on the LaPorte
Area Advisory Committee: Commissioner Duvall queried Mr. George Hass,
County Attorney, if it would be appropriate for her husband to continue
serving on the LaPorte Area Advisory Committee, an appointment made by
the previous Board of County Commissioners. Mr. Hass does not think
this will be a problem, but will check for sure to confirm.
-- Sunshine Law Discussion: A short disussion was held concerning the
Sunshine Law. Commissioner Duvall questioned if carpooling was legal.
Mr. Hass stated that the Sunshine Law applies to meetings in which the
parties involved know in advance the discussions to take place and
action will be taken. The question is, "What is the intent of the
gathering?" A meeting is scheduled for January 19, 1993 to discuss this
matter further.
-- Courthouse Security: Mr. Gordon noted that the previous Board of
County Commissioners set aside $80,000 in the 1993 budget for courthouse
security. The Sheriff is ready to put out a request for proposal. The
plan is to have one access to the 2nd floor and a metal detector at the
top. CONSENSUS OF THE BOARD was to authorize the Sheriff to work with
the Facilities Manager in drafting a plan for courthouse security,
proceed with request for proposals, and return to the Board for final
approval.
-- Management Group Breakfast Meeting: The Management Group has invited
the Board of County Commissioners for breakfast on January 22, 1993 at
7:30 a.m. CONSENSUS OF THE BOARD was to attend this breakfast meeting;
location undetermined at this time.
-- Graves Alfalfa Dehydrator Committee Reinstatment: Mr. Gordon will
work with Commissioner Duvall regarding the Reinstatement of the Graves
Alfalfa Dehydrator Committee and present a plan to the Board by February
1, 1993.
-- Upcoming Issues to be Discussed: The Board each reviewed their list
of topics desired to be discussed in the future; i.e., reinstatement of
an Employee-Employer Relations Board, creation of an Environmental
Advisory Board, discussion of the roles of External Auditor and County
Attorney, relocation of Sheriff to Detention Center and District
Attorney to Courthouse, Commissioner's Retreat, creation of Public
Relations Position, Agenda Elaboration, etc.
5. DOCUMENT REVIEW: The following documents, of a routine nature, were
considered by the Board:
MINUTES/AGENDA
M O T I O N
Commissioner Disney moved that the Board approve the Minutes for the
week of January 4, 1993, and the Agenda for the week of January 18,
1993, as submitted.
Motion carried 3 - 0.
M O T I O N
Commissioner Disney moved that the Board approve the State PUC Funding
for Grade Crossing Warning System Application - County Road 38 - Project
#196; and an Amended Vreeman Exemption and Jansma Exemption.
Motion carried 3 - 0.
LIQUOR LICENSES: County Approval was granted to The Hauf Brau - 6% -
Fort Collins, CO. Licenses were issued to: Red Feather Carry Out - 6% -
Red Feather, CO; Windjammer Liquors - 6% - Loveland, CO; Branding Iron
Liquor, Inc. - 6% - LaPorte, CO; El Dorado Restaurant & Lounge, Inc. -
6% - Fort Collins, CO; Horsetooth Marina Resort, Inc. - 3.2% - Fort
Collins, CO; and Mishawaka Inn - 6% WITH EXTENDED HOURS - With a Waive
of Hearing for Change of Ownership for Mishawaka Inn, Inc., dba
Mishawaka Inn, 13714 Poudre Canyon Road, Bellvue, Colorado for a Tavern
Liquor License.
M O T I O N
Commissioner Disney moved that the Board approve the following
documents:
A93-06 AGREEMENT CONCERNING ROAD IMPROVEMENTS ON COUNTY ROAD #38E
BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND PAUL I. HODGES
(Project #169 - Horsetooth Road)
A93-07 AGREEMENT CONCERNING ROAD IMPROVEMENTS ON COUNTY ROAD #38E
BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND JOSEPH H. BUTLER
(Project #169 - Horsetooth Road)
A93-08 CHILD SUPPORT ENFORCEMENT AGREEMENT FOR ATTORNEY SERVICES
BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND RALPH HARDEN
A93-09 LEASE ADDENDUM AGREEMENT BETWEEN THE BOARD OF COUNTY
COMMISSIONERS AND ALAN MANES AND BRUCE PAGE (Original Lease
Agreement dated September 29, 1992 - 300 Jefferson)
A93-10 WARRANTY COLLATERAL AGREEMENT BETWEEN THE BOARD OF COUNTY
COMMISSIONERS AND ROBERT L. UNDERWOOD FOR MANOR RIDGE
ESTATES THIRD FILING
A93-11 AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND
RUSSELL C. BARGER, THOMAS M. RUSSELL (Land to Operate a
Firearms Shooting Range by Sheriff - Ingleside Quarry)
A93-12 EXTENSION AGREEMENT BETWEEN LARIMER COUNTY GENERAL IMPROVEMENT
DISTRICT NO. 4, LARIMER COUNTY, COLORADO AND N.E. KITCHEN, INC.
DBA KITCHEN AND COMPANY OF ESTES PARK, COLORADO (Snow Removal
FOR GID #4 - Carriage Hills)
R93-07s RESOLUTION REGARDING RELEASE OF COLLATERAL FOR MANOR RIDGE
ESTATES THIRD FILING
R93-08g RESOLUTION REGARDING DEPOSIT OF 1993 FUNDS BY COUNTY TREASURER
R93-09g RESOLUTION CANCELLING TAXES DETERMINED TO BE UNCOLLECTIBLE
(Taxes Which Became Delinquent in 1986, 1987, 1988, 1990 and 1991)
Motion carried 3 - 0.
M O T I O N
Commissioner Duvall moved that the Board go into Executive Session to
discuss a personnel matter.
Motion carried 3 - 0.
The meeting adjourned at 11:55 a.m.; no action taken.
THURSDAY, JANUARY 14, 1993
WORKSESSION WITH PUBLIC WORKS/PLANNING
(#133)
The Board of County Commissioners met in regular session at 9:30 a.m.
with Rex Smith, Director of Public Works, and John Barnett, Director of
Planning. Chairman Hotchkiss presided; Commissioners Disney and Duvall
were present. Also present was Bill Gordon, County Administrator.
Recording Clerk, M. Bloom.
The purpose of this worksession is to ascertain Larimer County's
position relating to formation of a regional commission and solicit
advice from the Planning and Public Works Department prior to meeting
with Morgan and Weld Counties.
Mr. Smith noted that seventeen transportation regions have been
established throughout the state of Colorado - Larimer County is in a
region that also includes Weld and Morgan Counties. Mr. Smith stated
that the regions are exclusive of municipalities within those regions
which are included in metropolitan planning organizations.
If the counties within this region elect to form a regional commission,
intergovernmental agreements between the counties and municipalities
must be developed; the Department of Transportation must be notified of
the intent by February 1, 1993; a draft regional transportation plan
must be developed by November 1, 1993, with a final plan submitted on
May 2, 1994. Additionally, Mr. Smith cautioned that formation of a
commission would require financial resources and a commitment, on the
part of the three counties, toward additional staff and/or consultants.
An advantage of forming the commission on a local level rather than
defaulting to the State would be some local control; however, very
specific issues must be considered when developing the plan.
John Barnett stated that unanimous approval of the region is not
required; 75% of the population and 50% of the land area must be
represented in order to form a commission. Mr. Barnett identified three
alternatives for consideration: (1) counties form regional commission;
(2) state forms commission; or (3) counties form regional planning
commission but have the state do the majority of the work. If this
region defaults to the state, an advisory committee must be formed to
work with the commission - one member from each of the 17 advisory
committees will serve on a state transportation advisory committee.
CONSENSUS OF THE BOARD OF COUNTY COMMISSIONERS was to support the option
of the state forming a regional planning commission and a member of the
Board will serve on the advisory committee.
M O T I O N
Commissioner Duvall moved that the Board retire to Executive Session at
10:10 a. m. to consider personnel matters.
Motion carried 3-0.
The meeting adjourned at 10:40 a.m.; no action was taken.
_______________________________
COURTLYN W. HOTCHKISS, CHAIRMAN
LARIMER COUNTY COMMISSIONERS
( S E A L )
ATTEST:
_____________________________________
Sherry E. Graves, Deputy County Clerk
_____________________________________
Mary R. Bloom, Deputy County Clerk
