PROCEEDINGS OF THE BOARD OF COUNTY COMMISSIONERS
MONDAY, FEBRUARY 8, 1993
SUBDIVISIONS
(#136 & #143)
The Board of County Commissioners met at 9:00 a.m. in regular session
with Russ Legg, Development Processing Administrator. Chairman
Hotchkiss presided; Commissioners Disney and Duvall were present. Also
present were: Al Kadera, Subdivision Administrator; Jerry White, Zoning
Administrator; Dick Anderson, Chief Building Inspector; Jerry Blehm,
Public Health; Jeannine Haag, Assistant County Attorney; and Bill
Gordon, County Administrator. Recording Clerk, S. Graves.
Mr. Barnett noted that the Hastings Kennel Special Review has been
tabled until April 12, 1993, as requested by the applicant.
M O T I O N
Commissioner Disney moved that the Board table the Hastings Kennel
Special Review until April 12, 1993, as requested by the applicant.
Motion carried 3 - 0.
Mr. Barnett stated that the following is a consent item and will not be
discussed unless requested by the Commissioners or members of the
audience.
1. VISTA BONITA 6TH FILING EASEMENT VACATION (#92-OS0200): SE 11-07-68;
1 MILE EAST OF I-25 ON THE NORTH SIDE OF COLORADO HIGHWAY 14;
R-1 RESIDENTIAL (2-8-93)
This is a request to vacate 12 inches (1 foot) of an existing utility
and drainage easement (Lot 1, Block 1, Vista Bonita 6th Amended Plat).
Staff Findings include: 1) The Amended Plat of Vista Bonita 6th Filing
was approved in 1992; 2) Shortly after that approval, a single-family
dwelling was constructed on Lot 1, Block 1; 3) A recent survey of the
site revealed a minor encroachment by one corner of the house on the
utility and drainage easement along the south line of Lot 1, Block 1; 4)
The County Drainage Administrator and the utility companies serving this
area have reviewed the proposed vacation of one foot of the ten-foot
easement and stated no objections.
Staff Recommendation is for Approval of the vacation of the northerly
one foot of the ten-foot drainage and utility easement along the south
line of Lot 1, Block 1, of the Amended Plat of Vista Bonita 6th Filing.
M O T I O N
Commissioner Duvall moved that the Board adopt the Staff Findings and
Recommendation and approve the Vista Bonita 6th Filing Easement Vacation
(#92-0S0200).
Motion carried 3 - 0.
2. HAASE SPECIAL REVIEW (#Z-17-91): 7-5-69; 1000 FEET EAST OF GLADE
ROAD (COUNTY ROAD 23H) AND U.S. HIGHWAY 34 ON THE NORTH SIDE OF
THE HIGHWAY; 1.424 ACRES; T-TOURIST ZONING (2-8-93)
This is a request for Special Review in T-Tourist to allow a gift shop
and gasoline service station. Mr. White reviewed the major concerns and
issues and noted this request was denied by the Board of County
Commissioners a year ago. The present request differs from the previous
one in that a gift store is proposed instead of a convenience store.
The Special Review is necessary only for the gasoline service portion of
the request; the gift store is a permitted use in the Tourist Zone.
Staff Findings are: 1) Under the conditions noted, the proposed use is
consistent with the Comprehensive Zoning Resolution and the County Land
Use Plan; 2) The proposed use is compatible with surrounding commercial
land uses and will not affect other properties or property values in the
area; 3) Under the conditions noted, the proposal will not affect the
public health, welfare, prosperity, or safety.
The Planning Commission/Staff Recommendation is for Conditional Approval
of the Special Review. Mr. Blehm stated that the water supply from the
City of Loveland appears adequate for the proposed use and there is an
existing septic system on the property. Bruce Fickel, attorney for the
applicant, submitted a petition of 138 signatures supporting this
Special Review. Also addressing the Board in support of this request
were Jim Haase, the applicant; Barry Floyd, real estate developer; and
Kathleen Williams. Individuals speaking in opposition to the granting
of this request, citing concerns of access, increased traffic, etc.,
were the following adjacent property owners: Sandra Brewer, Jay Cline,
Roberta Haff, Joe Muholland, and Ken Ketterer. Members of the audience
questioned whether or not the gift shop is in reality a convenience
store. Much discussion followed. Commissioner Duvall commented that
this request is a prime candidate for scheduling a neighborhood meeting
and suggested that all the parties involved meet and try to devise a
cooperative plan which will be acceptable for all persons involved.
M O T I O N
Commissioner Duvall moved that the Board table the Haase Special Review
(#Z-17-91) until April 12, 1993, at which time this Board will re-open
the hearing regarding this item to receive new evidence concerning
traffic, compatibility, and neighborhood response.
Motion carried 3 - 0.
3. ADOPTION OF CODES:
This is a request for Adoption of the 1991 Uniform Building, Plumbing
and Mechanical Codes with Amendments; 1991 Uniform Code for the
Abatement of Dangerous Buildings; Colorado Energy Conservation Standards
(1977) and the 1991 Uniform Fire Code of the Poudre Valley Fire
District. Mr. Anderson reviewed the major changes and noted that these
Codes, which have been previously approved, are updated every three
years.
Commissioner Duvall queried whether or not there could be an exemption
included in the Codes for construction of affordable housing. Mr. Legg
indicated this could be achieved if an exemption process was created and
application was made to the Board of Appeals. Ms. Duvall requested an
outline for procedures to follow be made available to those people
wanting to construct affordable housing.
M O T I O N
Commissioner Duvall moved that the Board adopt the 1991 Uniform
Building, Plumbing and Mechanical Codes with Amendments; 1991 Uniform
Code for the Abatement of Dangerous Buildings; Colorado Energy
Conservation Standards (1977); and the 1991 Uniform Fire Code for the
Poudre Valley Fire District, as recommended by Staff, with the addition
of the development of a modified process for construction of affordable
housing.
Motion carried 3 - 0.
4. MILLER ALLEGED BUILDING VIOLATION; 14140 NORTH COUNTY ROAD 9,
WELLINGTON, CO 80549.
This alleged violation is on a habitable structure existing without a
permit and without running water or toilet. Mr. Anderson reviewed the
background history and the major issues and concerns. Staff Findings
are that an unsafe structure exists at 14140 No. County Road 9. No
permits have been processed and no "clean-up" has occurred, as promised
by the owner.
Staff Recommendation is to find that a violation exists, require
compliance within 30 days, and authorize legal action if the compliance
deadline is not met.
Mr. Danny Miller, property owner, stated that the porch and shed have
been torn down and the trailer is only used for storage. The Millers
have applied for a FHA Loan and, hopefully, in 30 days will have a new
trailer moved onto the site.
M O T I O N
Commissioner Disney moved that the Board find that a violation exists,
require compliance within 120 days, and authorize legal action if the
compliance deadline is not met.
Motion carried 3 - 0.
The meeting adjourned at 11:00 a.m.
TUESDAY, FEBRUARY 9, 1993
MEETING WITH CONGRESSMAN WAYNE ALLARD
(#143 @ 1500)
The Board of County Commissioners met at 9:00 a.m. with Congressman
Wayne Allard. Chairman Hotchkiss presided; Commissioners Disney and
Duvall were present. Also present were Mike Bennett, District Director
for Wayne Allard's Office, and Bill Gordon, County Administrator.
Recording Clerk, S. Graves.
General discussion ensued between Congressman Allard and the Board on
the Cherokee Park Land Acquisition and the Poudre Heritage River
Designation; Board support was requested for these two projects. The
sound economic status of Larimer County versus other regions of the
Country was discussed and attributed to our stable diverse economy.
Congressman Allard noted we can expect more mandates from the Federal
Government and admitted Congress has major budget problems. The Board
indicated that the continuation of PILT for Larimer County is a very
high priority and requested the Congressman's continued support of same.
The meeting recessed at 9:40 a.m.
The Board of County Commissioners reconvened at 10:00 a.m:
M O T I O N
Commissioner Disney moved that the Board go into Executive Session to
discuss a personnel matter.
Motion carried 3 - 0.
The meeting recessed at 10:55 a.m.; no action taken.
DISCUSSION REGARDING COUNTY RETREAT
(#147 )
The Board of County Commissioners reconvened at 11:00 a.m. in regular
session with Bill Gordon, County Administrator. Chairman Hotchkiss
presided; Commissioners Disney and Duvall were present. Recording
Clerk, S. Graves.
Mr. Gordon announced that the County Retreat will be held at the Holiday
Inn in Estes Park, CO on March 4 and 5, 1993. The purpose of the County
Retreat is to build teamwork, enhance communication, and develop
procedures. Mr. Gordon submitted a tentative schedule, which the Board
reviewed and discussed. It was noted that the Board will assume the
role of participant at the Retreat and not the role of leader in
discussions.
The meeting adjourned at 11:15 a.m.
WEDNESDAY, FEBRUARY 10, 1993
ADMINISTRATIVE MATTERS
(#147 @ 1030)
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: Mary
and Mike Palmer, Cultural Conservancy Advocates; Rena Mackrill, Director
of Human Development; Wayne Buhlig, Weatherization Director; Susan
Pierson, Dave Drager, and Bruce Brown, Weatherization Representatives;
and Dana Klausmeyer, Controller. Recording Clerk, S. Graves.
1. WELLINGTON'S REQUEST FOR FUNDING FOR A CULTURAL CENTER WORKSHOP:
Mary Palmer outlined the concept of The Cultural Conservancy being
proposed for the town of Wellington, and requested funding from the
Board for expenses to be incurred for a two-day workshop planned to
produce a preliminary design for the Center. Ms. Palmer noted that this
Cultural Conservancy represents a joint effort between the public and
private sectors of the Wellington community to stimulate economic growth
and create a solid tax base. This Cultural Center/Museum would be
located on the six acres purchased by the Town for the proposed Welcome
Center and would be designed as a traditional Navaho hogan and would
accommodate 500 persons and used for traveling exhibitions. The Center
would also have a retail shopping outlet for arts and crafts and
promotional regional events. Commissioners Disney and Duvall expressed
a desire to help with this project, but requested action be postponed to
allow time to explore this matter further and receive documentation from
Wellington Town Officials indicating their support for this Center;
therefore, CONSENSUS OF THE BOARD was to defer action until
Administrative Matters next week, February 17, 1993.
2. REQUEST FOR APPROVAL OF A CAPITAL EQUIPMENT PURCHASE: After
receiving verbal approval from the Colorado Division of Housing to use
current grant funds (approximately $29,000) for capital equipment
purchases of insulation equipment and three additional entry-level
employees, Board approval of same is requested. Mr. Buhlig noted that
with the Cooperative Partnership Agreement between the Colorado Division
of Housing and The Public Service Company of Colorado, it is estimated
that the weatherization program in Larimer County has the potential
growth expectancy of 30% for the 93-94 grant period, an additional 43%
in 94/95, and an additional 10% increase in 95/96. It is estimated with
this capital investment, savings in one year of $24,000 in insulation
costs will be realized. Mr. Buhlig noted that Staff has been trained to
perform these "in-house" services and certain measures are not cost
effective to hire out. In response to a call from Thermal Craft
Insulation of Boulder County for the Board not to grant this request,
Commissioner Duvall suggested action on this matter be delayed for one
week to provide an opportunity for the Board to hear the concerns of
Thermal Craft Insulation. CONSENSUS OF THE BOARD was to defer action
until Administrative Matters on February 17, 1993.
3. REQUEST FOR APPROVAL AND SIGNATURE ON THE RESOLUTION CONCERNING
UNCLAIMED PROPERTY: Ms. Klausmeyer requested Board approval and the
Chairman's signature on a Resolution Concerning Unclaimed Property as a
result of new legislation, "Unclaimed Property Act", stating that after
five years the monies for any outstanding warrants must be turned over
to the State. After conferring with Marla Hehn, Assistant County
Attorney, it was determined that this new law cannot circumvent local
law. Therefore, adoption of this resolution allows Larimer County to
continue with their current policy of after three years returning monies
from outstanding warrants to the General Fund. Ms. Klausmeyer noted
that at any time an uncashed warrant submitted for payment will be paid.
M O T I O N
Commissioner Disney moved that the Board adopt a Resolution Concerning
Unclaimed Property, as requested by Ms. Klausmeyer and approved by Marla
Hehn, Assistant County Attorney.
Motion carried 3 - 0.
R93-16g RESOLUTION CONCERNING UNCLAIMED PROPERTY
4. APPOINTMENT TO THE LARIMER COUNTY RETIREMENT BOARD: Due to the term
expiration of Board Member Forest Delinger, the Larimer County
Retirement Board is recommending Board approval of the appointment of
Mr. Bob Eichem.
M O T I O N
Commissioner Duvall moved that the Board appoint Mr. Bob Eichem to fill
the vacancy on the Larimer County Retirement Board.
Motion carried 3 - 0.
5. WORKSESSION:
-- Colorado Counties, Inc. Invoice: An invoice has been received from
CCI for $3,942--these monies to be used for lobbying for PILT (Payment
in Lieu of Taxes) Funds and Mr. Gordon is requesting direction from the
Board of the revenue source for payment of this invoice.
M O T I O N
Commissioner Disney moved that Board pay the invoice of $3,942 to
Colorado Counties, Inc., out of PILT Resources.
Motion carried 3 - 0.
6. 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 February 1, 1993, as amended, and the Agenda for the week of
February 15, 1993, as submitted.
Motion carried 3 - 0.
M O T I O N
Commissioner Disney moved that the Board approve Petitions for Abatement
for Home Federal Savings & Loan (36 Parcels); Brian Soukup (9 Parcels);
Wells & Smith (3 Parcels); Ryder Truck Rental; John P. Cavano; Daniel
George; High Plains Land (2 Parcels); Stephen M. Cross; James G.
Williams; RIC Properties, LTD.; and Garth Peterson (2 Parcels), as
recommended by County Assessor, Stephen Miller.
Motion carried 3 - 0.
Commissioner Duvall requested that a meeting be scheduled with the
County Assessor to discuss procedures followed in allowing abatements.
M O T I O N
Commissioner Disney moved that the Board approve the following
Miscellaneous Documents: Code Amendments to the 1991 Uniform Building
Code - Uniform Mechanical Code - Uniform Plumbing Code; Wells Exemption
Amended Lots 1 & 2; Amended Brown Exemption; Cedar Park Amended Plat;
and the Division of Criminal Justice Statement of Grant Award Amended -
Juvenile Justice Grant #90-JD-04-5.
Motion carried 3 - 0.
LIQUOR LICENSES: County Approval was granted to Drink N Dawg - 6% -
LaPorte, CO. Licenses were issued to Sundance Steak House & Country
Club - 6% WITH EXTENDED HOURS - Fort Collins, CO; Convenience Plus No. 7
- 3.2% - Fort Collins, CO; City Park Liquors - 3.2% - Fort Collins, CO;
Gasamat No. 110 - 3.2% - Fort Collins, CO; and Vickers - 3.2% -
Loveland, CO.
M O T I O N
Commissioner Disney moved that the Board approve the following
documents:
A93-16 LIBRARY SERVICES AGREEMENT BETWEEN THE BOARD OF COUNTY
COMMISSIONERS AND THE TOWN OF RED FEATHER LAKES
D93-02 DEED OF DEDICATION BY PAUL I. HODGES (Dedication of Property
FOR Public Highway - Horsetooth Road - Project #169)
R93-17s FINDINGS AND RESOLUTION CONCERNING THE PRELIMINARY PLAT OF
TRAPPER'S POINT SUBDIVISION
R93-18s FINDINGS AND RESOLUTION CONCERNING THE PLAT OF FLEMING MINOR
RESIDENTIAL DEVELOPMENT
R93-19s FINDINGS AND RESOLUTION CONCERNING THE CHANGE OF CONDITIONS
OF APPROVAL OF PLAT OF TILEY MINOR RESIDENTIAL DEVELOPMENT
R93-20z SPECIAL REVIEW FINDINGS AND RESOLUTION CONCERNING THE PETITION
OF TIMBER RIDGE MOBILE HOME PARK
R93-21z SPECIAL REVIEW FINDINGS AND RESOLUTION CONCERNING THE PETITION
OF BARKER
R93-22z SPECIAL REVIEW AND REZONING FINDINGS AND RESOLUTION CONCERNING
THE PETITION OF KIMMEL/OLIGMUELLER
R93-23g RESOLUTION ADOPTING 1991 UNIFORM FIRE CODE WITH AMENDMENTS
R93-24z 1993 COMPREHENSIVE ZONING RESOLUTION
Motion carried 3 - 0.
___________________________________
COURTLYN W. HOTCHKISS, CHAIRMAN
BOARD OF COUNTY COMMISSIONERS
( S E A L )
ATTEST:
______________________________________
Sherry E. Graves, Deputy County Clerk
