PROCEEDINGS OF THE BOARD OF COUNTY COMMISSIONERS
MONDAY, MAY 17, 1993
SUBDIVISIONS
(#230 & #231)
The Board of County Commissioners met at 9:00 a.m. in regular session
with John Barnett, Director of Planning. Chairman Hotchkiss presided;
Commissioners Disney and Duvall were present. Also present were: Al
Kadera, Subdivision Administrator; Jerry White, Zoning Administrator;
Carol Evans, Associate Planner; Russ Legg, Development Processing
Administrator; Richael Michels, Planner; Jill Bennett, Comprehensive
Planner; Elaine Spencer, Manager Engineering Operations & Planning;
Jerry Blehm, Environmental Health; and Jeannine Haag, Assistant County
Attorney. Recording Clerk, S. Graves.
Mr. Barnett informed the Board that the Van Hare Special Review and the
Lennox Minor Residential Development items on today's Agenda have been
withdrawn.
Mr. Barnett requested the Board to table the Amendment to the Zoning
Resolution regarding the Telecommunication Facility until June 28, 1993,
and the Kotin Subdivision Final Plat Addendum until June 7, 1993.
M O T I O N
Commissioner Duvall moved that the Board table the Amendment to the
Zoning Resolution regarding the Telecommunication Facility until June
28, 1993, and the Kotin Subdivision Final Plat Addendum until June 7,
1993, as requested by Mr. Barnett.
Motion carried 3 - 0.
1. ROBIN'S RIDGE MINOR RESIDENTIAL DEVELOPMENT (#92-EX0239): SW 1/4
06-06-69 and SE 1/4 01-06-70; WEST OF COUNTY ROAD 38E AND SOUTH
OF HORSETOOTH LAKE ESTATES SUBDIVISION; 47.72 ACRES; 2 LOTS;
O-OPEN ZONING (5-17-93).
This is a request to divide a 47.72 acre parcel into two (2) lots of
11.5 and 36.22 acres for single family dwellings. This request was
previously submitted for three (3) lots in 1991 under the same name
(#S-63-91). Ms. Michels reviewed the project description and major
concerns and issues. Staff Findings include: 1) The access to Lot 1 of
the proposed Minor Residential is steep and narrow and inadequate for
emergency access; 2) Fire protection available to Lot 1 of the proposed
Minor Residential Development is inadequate; 3) Sewer service is not
available to the proposed Lot 1 and is possibly unavailable to Lot 2; 4)
Development of the proposed Lot 1 could have impacts on excellent
wildlife habitat; 5) This proposed Minor Residential Development does
not appear to meet the criteria established by the Comprehensive Plan
for development in this area; 6) Approval of this Minor Residential
Development would likely result in negative impacts on the natural
environment and overall health and safety. Staff Recommendation is for
denial of this request.
David Woronoff, applicant, addressed the Board and questioned the
Board's authority to rule over this division of land and cited his
interpretation of the State Statute regarding land division. Chairman
Hotchkiss responded that the County has regulated land division under
Senate Bill 35 for over 20 years and advised the applicant that the
County has no problem with the construction of one residence on this
parcel of land. Vela Campbell, Mark Walhine, and Courtney Laughlin,
adjacent property owners, voiced their objections to the approval of
this request, citing their concerns of increased traffic in the area, an
existing dangerous curve near the site, road maintenance responsibility,
population explosion in the area, wildlife, etc. William Kepner
expressed his support for this land division, noting he is the
prospective buyer for the 11.5 acres for a building site and stated it
is an isolated piece of land and not useable for anything other than a
building site; there is no access from Lot 1 to Lot 2. Mr. Woronoff
responded he would participate financially in road maintenance. Much
discussion followed.
M O T I O N
Commissioner Disney moved that the Board adopt the Staff Findings and
Staff Recommendation and deny the Robin's Ridge Minor Residential
Development (#92-EX0239) because of the wildfire hazard, road
maintenance, public safety and the proposal does not meet with the
criteria of the Comprehensive Land Use Plan and the plan for the area.
Motion carried 3 - 0.
2. FLYNN EXEMPTION CHANGE OF CONDITION (#93-EX0266): NE 18-08-68;
WEST SIDE OF COUNTY ROAD 11, 1/4 MILE SOUTH OF COLORADO HIGHWAY 1;
2.5 ACRES; 1 LOT; O-OPEN ZONING (5-17-93).
This is a request to change a condition of approval of the Flynn
Exemption, which required common access for Lots 1 and 2. This
Exemption was approved in 1979. Ms. Evans provided the background
information and reviewed the Staff comments. Staff Findings are: 1) The
Flynn Exemption was approved and recorded in 1979 with a condition for
shared access for Lots 1 and 2; 2) Certain physical conditions at the
site make placing an access at the lot line between Lots 1 and 2 very
difficult; 3) The County Access Coordinator recommends that Lot 1 take
access at the north end of the lot and that an access easement across
Lot 3 be provided for a driveway to Lot 2; 4) The owners of Lots 2 and 3
are willing to provide an access easement across Lot 3 to Lot 2.
Staff Recommendation is for Approval of the request for a change in
condition regarding access for lots in the Flynn Exemption with the
following conditions to be met prior to issuance of a Certificate of
Occupancy for the home on Lot 1: 1) The easement location description
must be prepared by a licensed surveyor and included with the grant of
easement document signed by the owners of Lot 3. The applicant must
work with the property owners of Lot 3 and with the County Access
Corordinator to determine the most appropriate location for the access
easement. The minimum width for this easement must be 30 feet; 2) The
grant of easement document must include the following provisions: a) The
description of the easement granted by this document is attached hereto
as Exhibit "A" and incorporated herein by this reference; b) This
easement is granted to provide access to Lot 2 of the Flynn Exemption.
This access easement replaces the condition requiring shared access for
Lots 1 and 2 of the Flynn Exemption, as noted on the plat of record
(Flynn Exemption was recorded on December 27, 1979 at Reception No.
343830, Book 2015, Page 112 of the Larimer County records); c) The
shared portion of the access for Lots 2 and 3 is to be maintained by the
owners of those lots; d) The owner of Lot 2 is responsible for
constructing a driveway to that lot when it is needed; 3) The applicant
must pay recording fees for the easement documents ($5 per page).
Mr. Ed Flynn, applicant, stated he is in agreement with the requirements
and conditions as outlined by Staff.
M O T I O N
Commissioner Duvall moved that the Board adopt the Staff Findings and
Staff Recommendation and approve the Flynn Exemption Change of
Condition.
Motion carried 3 - 0.
3. DISCUSSION ITEMS NOT ON THE AGENDA:
A) Update on County Sign Task Force Committee: Task Force Members, Alan
Cunningham, Fred Frantz, Peter Barnes, and Vern Sunset, reported on the
progress of the Committee. Mr. Legg noted that the Committee has been
attempting to bring the proposed new Larimer County Sign Code into
agreement with the sign codes adopted by Fort Collins (which is also
revising their sign code) and Loveland by incorporating their most
restrictive codes into the Larimer County Sign Code.
Mr. White reviewed the County Sign Task Force recommendations in detail
and noted that the Committee agrees that amortization should be 3 to 5
years for most signs. Commissioner Duvall questioned the exemption of
governmental signs and Tourist Oriented Signs not being permitted and
requested the Task Force to reconsider these two items. Commissioner
Disney requested a standard outline be adopted for respectful use of the
American Flag.
Mr. Legg requested the Board to approve an Amendment to the original
Mission Statement with regard to enforcement. The original Mission
Statement stated that the Task Force was to develop a sign code that is
self-policing. Mr. Legg stated that if we are going to adopt a new sign
code, we need to say to the people we are going to enforce it.
CONSENSUS OF THE BOARD was to approve the amendment, as requested, but
to check with legal counsel regarding the legality of the enforcement
process and to add a report regarding costs, staffing, inventory and
procedures to the final document.
B) Discussion of The LaPorte Area Planning Advisory Committee Role:
Subsequent to a recent meeting of LAPAC, a concern has been raised by
many old-timers in LaPorte that they don't have representation on the
Committee and LAPAC needs clarification of their function as an arm of
the County. Recently, two members of LAPAC attended a meeting and took
a stand and presented themselves as members of LAPAC. Discussion
followed whether or not to add more members to LAPAC to gain more
credibility and how the role of LAPAC is to be defined. Chairman
Hotchkiss noted that LAPAC is an ad-hoc committee formed to advise the
Board on issues in LaPorte. Ms. Haag stated that LAPAC is an advisory
committee formed to gather information and report back to the Board of
County Commissioners. Chairman Hotchkiss suggested that Commissioner
Duvall and Jill Bennett attend the next LAPAC Meeting and discuss their
bylaws, which have not been approved by the County Commissioners,
clarify their role, and discuss whether or not they would like to become
a citizen's advocate group.
3. Colorado Memory Systems Annexation: Subsequent to the proposed
purchase by Colorado Memory Systems of 190 acres near Horseshoe Lake,
which Loveland intends to annex, many citizens are requesting the County
to become involved to prevent industrial development. According to the
IGA, once the City indicates their intention to annex an area, the
County has no authority to intervene and has no opportunity for review.
It was determined that Commissioner Disney will work with Mr. Barnett
and issue a press release, and a letter to be sent to the residents,
clarifying the County's position. Also, consideration was given to
scheduling a hearing to review and possibly amend the IGA with regard to
certain land uses.
4. Discussion of Affordable Housing Application: Commissioner Duvall
asked the Planning Staff if there is a way to review the PUD regulations
to simplify the application process for affordable housing projects on a
site specific basis. Mr. Legg stated that it is possible to accelerate
the application process as much as State Statutes will permit.
The meeting recessed at 11:45 a.m.
LIQUOR LICENSE HEARING FOR "END OF THE TRAIL SALOON"
(#232)
The Board of County Commissioners reconvened at 2:00 p.m. for a Liquor
License Hearing for the "End of the Trail Saloon". Chairman Hotchkiss
presided; Commissioners Disney and Duvall were present. Also present
were George Hass, County Attorney, and Bill Gordon, County
Administrator. Recording Clerk, S. Graves.
Following a review of the contents of the application file by Mr. Hass,
applicant Edith Marie Moynier Stark was sworn in and questioned. Ms.
Stark made a presentation concerning the application, including
clarifications requested during the review of the file. For the record,
Mr. Hass noted that there was no one appearing in opposition to the
granting of this license; however, one letter of protest was received
from Mr. Greg Larsen, 3316 Moffat Avenue, Loveland, CO. Mr. Greg Wild,
owner of the real estate for this establishment and adjacent property
owner, and Bertina Bentley Willden, Mead Town Clerk, each testified on
behalf of Ms. Stark's character and moral judgement.
This matter coming on to be heard this 17th day of May, 1993, upon the
application of Edith Marie Moynier Stark, dba "End of the Trail Saloon"
for a Colorado (6%) Tavern Liquor License, and the said Board of County
Commissioners having heard the testimony and evidence, has considered
the same and being fully advised on the premises, find that the
requirements of the neighborhood and the desires of the inhabitants,
indicate that the said license should be granted. Therefore, it is
ordered that a Colorado (6%) Tavern Liquor License be granted to Edith
Marie Moynier Stark, dba "End of the Trail Saloon".
M O T I O N
Commissioner Disney moved that since the Board of County Commissioners
has considered the evidence and testimony of the application of Edith
Marie Moynier Stark, dba "End of the Trail Saloon", and determined that
all the requirements have been met for a Colorado 6% Tavern Liquor
License at the location of 1720 Glade Road, Loveland, CO. 80537-0582,
that this license be granted.
Motion carried 2 - 1; Commissioner Duvall dissenting.
The meeting adjourned at 2:30 p.m.
TUESDAY, MAY 18, 1993
PUBLIC WORKS STANDING MEETING
(#233)
The Board of County Commissioners met at 9:30 a.m. in regular session
with Rex Smith, Director of Public Works. Chairman Hotchkiss presided;
Commissioners Disney and Duvall were present. Also present were:
Attorney, Ralph Harden; Ross Shaw, Manager Design and Construction
Engineering; Bill Heiden and Dale Miller, Director and Assistant
Director of Road and Bridge Department; and Bill Gordon, County
Administrator. Recording Clerk, S. Graves.
1. STRANG GRAVEL PIT-WATER AUGMENTATION AGREEMENT: After two years of
reviewing different proposals from various irrigation companies for
augmentation of evaporative loss in gravel pits, the Board was apprised
of the decision to enter into an agreement with the Platte River Power
Authority which will meet the needs for pit-water augmentation and at
the lowest cost ($75,000). Final agreement will be reached in
approximately 30 days, at which time Road & Bridge will return to the
Board for final approval. It was noted this augmentation is required by
State and Federal regulations.
2. 1992 ROAD AND BRIDGE PROJECT SLIDES: Mr. Smith showed before and
after slides of the 1992 Road and Bridge Completed Projects.
3. WEIGHT RESTRICTIONS ON COUNTY ROAD 9 AND COUNTY ROAD 9E: Mr. Smith
requested authorization from the Board to place a weight restriction on
CR9 and 9E for approximately six weeks. This road is near the Kauffman
Gravel Pit and, due to the large trucks on the road, temporary repairs
don't last. When summer arrives, the road will be repaired correctly.
CONSENSUS OF THE BOARD was to authorize Mr. Heiden to set a reasonable
weight limit for CR 9 and 9E, unless Kaufffan & Son repair the road, and
to draft a generic resolution for setting temporary weight restrictions
on roads in the future and return to the Board for approval.
4. DRY GULCH ROAD-DISCUSSION: Discussion ensued regarding the
deplorable existing road conditions going into the Honda Facility.
Disregarding Public Works' suggestions, road repairs were undertaken by
Honda in the winter and done quickly and incorrectly. Now, due to
budget restraints, Honda is proposing to do a minimal patch and chip
seal; Public Works is recommending an asphalt overlay. After
discussion, Chairman Hotchkiss stated that County policy requires that
the road is to be restored to its original condition. Another item
briefly discussed was to determine who is financially responsible for
provision of bicycle lanes.
M O T I O N
Commissioner Disney moved that the Board go into Executive Session with
George Hass, County Attorney, to discuss potential litigation.
Motion carried 3 - 0.
The meeting adjourned at 11:30 a.m.; no action taken.
WEDNESDAY, MAY 19, 1993
ADMINISTRATIVE MATTERS
(#234)
The Board of County Commissioners met in administrative session at 9:30
a.m. with Bill Gordon, County Administrator. Chairman Hotchkiss
presided; Commissioner Duvall was present and Commissioner Disney was
attending a meeting in Greeley. Recording Clerk, D. Lord.
WORKSESSION:
1. CONTRACT FOR A PROFESSIONAL CONSULTANT TO PREPARE A RESOURCE
MANAGEMENT PLAN: Chairman Hotchkiss said that the Board had discussed
this item in Executive Session with the County Attorney on May 18, 1993
and was ready to take action.
MOTION
Commissioner Duvall moved that the Board approve granting the contract
to prepare a Resource Management Plan for the Larimer County Parks
Department and the Bureau of Reclamation to EDAW.
The motion carried 2 - 0. Chairman Hotchkiss noted that Commissioner
Disney wished to have his agreement with this decision noted for the
record.
2. Mr. Gordon reported that Jim Stokes, Director of IMS, had requested
the Board to promulgate a policy regarding the distribution of the
in-house County phone book to the public, and to establish a system for
charging fees for this type of publication. Chairman Hotchkiss said
that no County policy is necessary since the County operates under the
Freedom of Information Act and all County publications must be made
available to the public. He suggested that a reasonable fee may be
charged for copies of information, and that departments should assure
that the charges are restricted to the materials and cost of
duplication.
3. A letter was received from W. Bruce Hansford informing the Board
that he had replaced Kenneth L. Headrick as the Northern Division
Manager of Public Service Company. He stated that he would like to
replace Mr. Headrick as a member of the OEDP Committee. Chairman
Hotchkiss said that since the County was especially interested in having
Public Service represented on the OEDP, he supported having Mr. Hansford
as a member. By consensus, Mr. Hansford was appointed to replace Mr.
Headrick as a member of the OEDP.
4. A letter was received from Ms. B.J. Dean, Executive Director of
Island Grove Regional Treatment Center requesting a letter of support
for their application for a CDBG grant for construction of a new and
expanded facility. By consensus, the Board agreed to send a letter of
support for the grant.
5. The Board received a memorandum from Rena Mackrill, Director of
Human Development, requesting that Ruth Campos, the HUD Section 8
Certificates program coordinator, be moved from temporary to regular,
part-time status, effective June 1, 1993. The Board, decided by
consensus that Ruth Campos be moved from temporary to regular, part-time
employment effective June 1, 1993.
6. The Board selected Monday, June 21, 1993 as the date for the County
Seat-for-a-Day meeting in Red Feather Lakes. The meeting will begin at
7:00 p.m. at the Community Center.
7. Dr. Jorge Figueroa, member of the Board of Directors for Poudre
Valley Hospital, wrote to extend an invitation to the Board to
participate in a leadership roundtable, including a proposal for
quarterly meetings of the elected officials. Poudre Valley Hospital's
District Board of Directors has agreed to host the first meeting. The
Board agreed to accept the invitation.
8. Ross Shaw, Design and Construction Engineering Manager, submitted a
request for a waiver by the Board for Frank Kurtyka to accrue
compensatory time beyond the 60 hour limit for compensatory time
accrual. He explained that the workload is such that Mr. Kurtyka will
not be able to take off the time within the mandated period, and the
department does not have funding to pay him for the overtime.
MOTION
Commissioner Duvall moved that the Board grant a one-time waiver to
allow Mr. Kurtyka to accumulate comp-time 60 hour maximum for
compensatory time accrual.
The motion carried 2 - 0.
9. Steven Burkett, Fort Collins City Manager, responded affirmatively
to the Board's invitation for a joint meeting, and said that most of the
Council members would be able to attend the June 16, 1993 meeting. The
meeting will be held at the courthouse.
10. DOCUMENT REVIEW: The following documents, of a routine nature,
were considered by the Board:
MOTION
Commissioner Duvall moved that the Board approve the Minutes for the
week of May 10, 1993, as corrected.
The motion carried 2 - 0.
MOTION
Commissioner Duvall moved that the Board approve the Agenda for the week
of May 24, 1993.
The motion carried 2 - 0.
MOTION
Commissioner Duvall moved that the Board approve Petitions for Abatement
for Helene Linder, Grover/Portlock/Crane, Patrick Cipolla, FTC Community
Airpark, Ft. Collins Newspapers, Otto Reimer, Owen & Kaylene Jones,
Leona Sand, George Holter, and Wyatt Crane & Rigging, as recommended by
the County Assessor, Steve Miller.
Motion carried 2- 0.
MOTION
Commissioner Duvall moved that the Board approve the following
miscellaneous document: Harris Drive Minor Residential Development
Amended Plat of Tracts A & B.
Motion carried 2- 0.
LIQUOR LICENSES: County Approval was granted to Glen Haven Inn, 6% -
Glen Haven CO; Al Fresco Great Italian Food, 6% WITH EXTENDED HOURS -
Fort Collins, CO. Licenses were issued to Riverbend Resort, 3.2% -
Loveland, CO; Olympus Motor Lodge, 6% - Estes Park, CO; and Wind River
Ranch, 6% - Estes Park, CO, with a Waive of Hearing for a Change of
Ownership for Wind River Ranch, 5770 S. St. Vrain,Estes Park, Colorado,
for a Hotel & Restaurant Liquor License.
MOTION
Commissioner Duvall moved that the Board approve the following
documents:
A93-101 AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND
POUDRE HOMECARE SERVICES (For provision of home health
care and homemaker services for low-income families)
A93-102 AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND
ANALYTICAL TECHNOLOGIES, INC (Groundwater Analysis for
Landfill)
D93-10 DEED OF DEDICATION BY FRANK H. WALSH TO LARIMER COUNTY
FOR PERMANENT ROAD RIGHTS OF WAY (Dedication of Property
for Public Highway - Project #194)
D93-11 QUIT CLAIM DEED FROM BOARD OF COUNTY COMMISSIONERS TO
RANDY J. KING AND CHRISTINE GABLE (70 Acres)
R93-61g RESOLUTION FOR CONVEYANCE BY THE BOARD OF COUNTY
COMMISSIONERS OF PROPERTY TO RANDY J. KING AND
CHRISTINE GABLE
R93-62s APPEAL FROM THE FLOOD PLAIN BOARD OF REVIEW FINDINGS
AND RESOLUTION CONCERNING THE APPEAL OF WILLIAM THARP
R93-63s RESOLUTION REGARDING THE RELEASE OF COLLATERAL FOR FOX
ACRES COUNTRY CLUB PUD (Second, Third and Fourth Filings)
R93-64g RESOLUTION FOR ACQUISITION OF REAL PROPERTY FROM THE
BOARD OF COUNTY COMMISSIONERS TO JENNET GROVER AND
ROBERT CRANE
The motion carried 2 - 0.
Representatives from Burns and McDonnell were present at the meeting and
asked for clarification regarding the earlier motion to award the
Resource Management contract to EDAW. Chairman Hotchkiss explained the
deliberation process involved in the Board's decision.
MOTION
Commissioner Duvall moved that the Board go into Executive Session at
10:35 a.m. to discuss a personnel matter.
Motion carried 2 - 0.
The Board came out of Executive Session at 10:45 a.m. and took the
following action:
MOTION
Commissioner Duvall moved to approve the following agreement:
A93-103 AGREEMENT BETWEEN THE COUNTY BOARD OF COMMISSIONERS
AND JAMES J. GOAD
The motion carried 2 - 0.
The meeting was adjourned at 10:50 a.m.
THURSDAY, MAY 20, 1993
MEETING TO DISCUSS COURTROOM SPACE
(#324)
The Board of County Commissioners met in general session at 2:00 p.m.
with Judge John-David Sullivan; Scott Courtney, Court Adiministrator;
Wayne Lawler, Facilities Manager; Jarred Interholzinger, City of Fort
Collins Facilities Manager; Municipal Judge Kathleen Allin; and Ron
Mills, City of Fort Collins Right of Way Agent. Chairman Hotchkiss
presided; Commissioner Duvall was present and Commissioner Disney was
attending a meeting in Estes Park. Also present were: Bill Gordon,
County Administrator and Joe Lopez, from the Colorado Judicial
Administration. Recording Clerk, D. Lord.
Chairman Hotchkiss reviewed the objectives for the meeting. Mr. Lawler
explained that the two principal issues to discuss were the Fort
Collins' lease of space in the courthouse for Municipal Court and the
need for more space for the 8th Judicial Court. He reported that the
current lease with the City of Fort Collins expires on January 1, 1995,
and the City needs to know if the County plans to renew the lease by
June 21st to allow them time to make alternate plans for housing the
Municipal Court.
General discussion followed regarding the needs of the District Court,
and the need to plan for expanded space for both County Administrative
Services and the Courts. Chairman Hotchkiss agreed to have the Board's
decision to the City of Fort Collins by June 21, 1993. He further
agreed that the Board would study the available space in the courthouse
to attempt to expand the space utilized by the Court to meet their needs
on an interim basis.
The meeting was adjourned at 3:00 p.m.
________________________________
COURTLYN W. HOTCHKISS, CHAIRMAN
( S E A L ) BOARD OF COUNTY COMMISSIONERS
ATTEST:
_____________________________________
Dolores Lord, Deputy County Clerk
_____________________________________
Sherry E. Graves, Deputy County Clerk
