PROCEEDINGS OF THE BOARD OF COUNTY COMMISSIONERS
MONDAY, MAY 24, 1993
SUBDIVISIONS
(#237)
The Board of County Commissioners met at 9:00 a.m. in regular session
with John Barnett, Director of Planning. Chairman Hotchkiss presided;
Commissioner Duvall was present. Commissioner Disney will be attending
the State Strategies for Sustainable Development Conference and will be
out of town until June 1, 1993. Also present were: Al Kadera,
Subdivision Administrator; Carol Evans, Associate Planner; John Pedas,
Code Enforcement Officer; Elaine Spencer, Manager Engineering Operations
& Planning; Jerry Blehm, Environmental Health; and Jeannine Haag,
Assistant County Attorney. Recording Clerk, S. Graves.
Mr. Barnett noted that the Grasslands Subdivision Final Plat Addendum
has been withdrawn.
Mr. Barnett requested the Board table the South Heights Preliminary Plat
until August 21, 1993; table the Mary V. Moore Minor Residential
Development Addendum until June 14, 1993; table the Ingles Minor
Residential Development until June 21, 1993; and table the Zoning
Amendment Side Yard Setbacks in Re-1 Rural Estate until June 28, 1993.
Discussion followed regarding the tabling of the Ingles Minor
Residential Development item as several adjacent property owners
appeared in opposition to this request. However, since the applicant
was not present for today's hearing, it was decided to table this
matter, as requested.
M O T I O N
Commissioner Duvall moved that the Board table the South Heights
Preliminary Plat (#93-SU0248) until August 21, 1993; table the Mary V.
Moore Minor Residential Development Addenum until June 14, 1993; table
the Ingles Minor Residential Development until June 21, 1993; and table
the Zoning Amendment Side Yard Setbacks in Re-1 Rural Estate until June
28, 1993, as requested by Mr. Barnett.
Motion carried 2 - 0.
Mr. Barnett advised the Board that the following is a consent item and
will not be discussed in detail unless specifically requested by the
Commission or members of the audience.
1. LINDEN RIDGE FIRST FILING PRELIMINARY PLAT (#92-SU0201): NE 1/4
11-07-68; SOUTH OF COUNTY ROAD 48, 1/2 MILE WEST OF COUNTY ROAD 3;
28.61 ACRES (5-24-93).
This is a request to divide 28.61 acres into eight lots of 2.3 acres to
6.3 acres for single family dwellings. Mr. Kadera noted this item
became consent after the Planning Commission and the Fort Collins
Planning and Zoning Board recommended a modification to Condition #7
requiring that a full-time access be provided to this property rather
than an emergency type access. Staff Findings include: 1) The proposed
Linden Ridge Subdivision is consistent with the existing FA-1 Farming
Zoning of the site; 2) The proposed subdivision is consistent with
existing development in the vicinity; 3) There are some existing farming
operations in the vicinity of this project, but there are no high
intensity uses such as feed lots or dairies in the immediate area; 4)
Approval of the proposed Linden Ridge Subdivision, with the following
conditions, will not result in any significant negative impacts on
surrounding properties, utility services, transportation facilities or
the natural environment.
The Planning Commission/Staff Recommendation is for Approval of the
Preliminary Plat for Linden Ridge First Filing, with the following
conditions: 1) The Final Plat shall be completed in strict conformance
with the conditionally approved Preliminary Plat, including all notes;
2) The first Final Plat shall not be recorded until the water line
installed by East Larimer County Water District is operational; 3) All
concerns expressed by the County Engineer and the County Drainage
Administrator shall be addressed in the Final Plat applications; 4) A
minimum setback of 100 feet shall be established on the appropriate
Final Plat from the east property line to protect the area around the
existing pond. This setback shall include any building or excavation;
5) The Final Plat applications shall include Homeowners' Association
documents required by the Subdivision Resolution. These documents shall
include information concerning the operation and maintenance of the
irrigation system; 6) All improvements associated with this project
shall be included in a Subdivision Improvements Agreement which shall be
secured by appropriate collateral in a type and amount approved by the
County Commissioners; 7) A second point of access, which is approved by
the Poudre Fire Authority and the County Engineer, shall be provided; 8)
Construction plans for water lines and access roads shall be subject to
the approval of the County Engineer, County Drainage Administrator,
Water District and the Fire Authority; 9) A note shall appear on the
Final Plat concerning the payment of Off-Site Road Fees when building
permits are issued for single family dwellings on this site; 10) A note
shall appear on the Final Plat to indicate that there are farming
operations in this area which might create noise, odors, dust or other
possible unpleasant impacts on the residential uses in this subdivision.
Larimer County will not take any action to interfere with any legally
established use in this area.
M O T I O N
Commissioner Duvall moved that the Board adopt the Staff Findings and
Staff Recommendation with modified conditions and approve the Linden
Ridge First Filing Preliminary Plat (#92-SU0201).
Motion carried 2 - 0.
2. VASQUEZ ALLEGED VIOLATIONS: LOT 3, BLOCK 1, 1119 WRANGLER WAY AND
LOT 5, BLOCK 3, 3919 SURREY RIDGE, LOVELAND (5-24-93)
An alleged violation for storing trucks/equipment used in the seamless
gutter business and having employees of the business parking their
personal cars on the property during the day and picking up the business
vehicles (J & P's Seamless Gutter Service), was heard on April 26, 1993.
At that time, the Board tabled action on the alleged violation and
instructed Staff to visit the area to determine if there are other
existing violations in the neighborhood to assure that everyone is being
treated fair and equal. Mr. Pedas stated that following inspections of
the two above sites, the following conclusions were made: The business
conducted at 1119 Wrangler Way clearly meets the definition of a "Home
Occupation" and would be allowed; and no landscaping business is being
operated from 3919 Surrey Ridge.
Following further comments from Ms. Elliott, attorney for Mr. Vasquez,
Donna and Ellsworth Zoller, Mike Eaton, and Lee Whitmore, adjacent
property owners, regarding what Mr. Vasquez can and cannot do to come
into compliance and what ruling the County can render to insure that all
the residents are treated fairly and equally, it was determined that the
only issue to be resolved is whether or not a residential dwelling can
be used for commercial purposes and to what extent.
M O T I O N
Commissioner Duvall moved that the Board take this matter under
advisement and will issue a written decision within two weeks to all
adjacent property owners in the area containing specific guidelines with
regard to what is allowed and not allowed in the neighborhood.
The meeting adjourned at 10:05 a.m.
TUESDAY, MAY 25, 1993
HEALTH AND HUMAN SERVICES COUNCIL (HHSC) QUARTERLY MEETING
(#238)
The Board of County Commissioners met at 9:30 a.m. in regular session
with Paul Cooper, Chairman of HHSC. Chairman Hotchkiss presided;
Commissioner Duvall was present. As previously noted, Commissioner
Disney will be out of town this week. Also present were: Dr. Adrienne
LeBailly, Health Department Director; Rena Mackrill, Human Development
Director; Doug Keasling, Director Social Services; Neil Gluckman,
Employment & Training Services Director; Dr. Keith Olson, Mental Health
Executive Director; Bob Keister, Budget Manager; and Bill Gordon, County
Administrator. Recording Clerk, S. Graves.
1. HHSC WORK SESSION AGENDA ITEMS: Mr. Cooper informed the Board that
the HHSC two-day worksession planned in Estes Park has been cancelled
due to the high season rates; therefore, they are going to meet locally
for one day on June 24, 1993 to discuss their '93 goals using the
Consensus Building Institute Process. They will plan a two day
worksession later, possibly in the fall when rates are down. Mr. Cooper
expressed interest in hearing expectations from the Board and noted they
will be working on policy issues which affect them. Commissioner Duvall
suggested they discuss the Vision Statement, in particular the idea of
empowering individuals in communities rather than just providing
services, and then offer suggestions to the Board how this can be
accomplished. Mr. Cooper agreed to include this on their agenda.
Commissioner Duvall asked what the Board can do to help HHSC; Dr. Olson
requested the Board to be open to new ideas and new proposals when
presented. Discussion of the Larimer County Vision Statement followed.
An interpretation and consequences of Amendment #1 were discussed. Mr.
Cooper requested direction from the Board whether or not he should apply
for additional revenues and if other departments would be indirectly
affected if these revenues were received. Chairman Hotchkiss suggested
that Mr. Cooper proceed in applying for additional revenues and stated
that the County is doing its best to interpret Amendment #1; "We are
living with Amendment #1 the way we understand it."
The meeting adjourned at 10:35 a.m.
WEDNESDAY, MAY 26, 1993
ADMINISTRATIVE MATTERS
(#239)
The Board of County Commissioners met at 9:30 a.m. in regular session
with Bill Gordon, County Administrator. Chairman Hotchkiss presided;
Commissioner Duvall was present. Commissioner Disney is out of town
until June 1, 1993. Recording Clerk, S. Graves.
1. COMMISSIONER'S REPORTS:
-- Commissioner Duvall asked if the County has a general policy to
handle the numerous letters the Board periodically receives on a
particular subject--such as, the Colorado Memory Systems Annexation. It
was decided to draft a press release acknowledging receipt of the
letters and outlining the Board's position on this matter.
-- With regard to "going on the road" with the County's Vision
Statement, Commissioner Duvall indicated her willingness to do this with
the various departments. Mr. Gordon will arrange for these visits.
-- Commissioner Duvall suggested that an invitation be issued in the
"Inside Information" to all employees wishing to ride their horses in
the Larimer County Fair Parade. It was also suggested that in addition
to the horse contingency, there might also be a bicycle brigade.
-- Chairman Hotchkiss requested Mr. Gordon to schedule a meeting with
Dana Klausmeyer, Controller, to discuss Amendment #1 before financial
documents are finalized.
WORKSESSION:
-- Mr. Timothy Stolz of Estes Park has requested a meeting with the
County Commissioners to discuss the proposed Aquarium Complex at Estes
Park. CONSENSUS OF THE BOARD was for Mr. Gordon to schedule this
meeting.
-- The Sheriff's Department has requested the Board to approve a waiver
of policy to pay Erik Nilsson at salary Step H. Mr. Nilsson was
recently hired as the new Emergency Management Specialist at salary
grade 44 and previously was paid at salary grade 47. Mr. Jacobs,
Personnel Director, supports this waiver of policy. CONSENSUS OF THE
BOARD was to approve this request.
-- Mr. Gordon asked if the Board wished to schedule their annual
"Bratwurst on the Barbie" again as a fundraiser for United Way. Mr.
Gordon reminded the Board that the Commissioners and Elected Officials
each contribute $20 and serve the bratwurst; department heads and
employees volunteer to bring beans and cokes and last year King Soopers
contributed chips. CONSENSUS OF THE BOARD was for Mr. Gordon to
schedule this event again.
-- Mr. Gordon will notify the National Association of Counties (NACO)
that none of the Larimer County Commissioners will be attending the 58th
Annual Conference in Chicago, Illinois on July 16-20, 1993.
-- Subsequent to the installation of security controls on the second
floor of the Courthouse, County Clerk Ms. Rodenberger has requested the
Board to consider three entry checkpoints on the main floor of the
Courthouse both to protect our employees and to regulate the entry of
potentially dangerous weapons. Following discussion, the Board decided
to take this matter under advisement and possibly discuss it at the next
Elected Official's Meeting.
-- Lisa Sadar, Executive Director for the Humane Society, would like to
have a County-wide policy, similar to one in the Loveland Ordinance,
stating that persons 62 years or older owning a neutered or spayed dog
or cat are not required to pay for licensing. Also, Ms. Sader would
like to have a combined rabies-license tag; the Veterinarian's
Association wants separate tags. On Mr. Gordon's recommendation, the
Board deferred action on these matters until a meeting is scheduled with
the Humane Society to discuss them further.
-- Mr. Gordon reviewed with the Board the numerous invitations they have
received and, upon checking their calendars, each Commissioner decided
which event they will or will not attend.
3. DOCUMENT REVIEW: The following documents, of a routine nature, were
considered by the Board:
M O T I O N
Commissioner Duvall moved that the Board approve the Minutes for the
week of May 17, 1993, and the Agenda for the week of May 31, 1993, as
submitted.
Motion carried 2 - 0.
M O T I O N
Commissioner Duvall moved that the Board approve the following
miscellaneous documents: Ptarmigan Subdivision Plat and the Mehl Minor
Residential Development Plat.
Motion carried 2 - 0.
LIQUOR LICENSES: A License was issued to the Inlet Bay Bar & Grill - 6%
- Fort Collins, CO. County Approval was granted to J. J.'s Country
Corner - 3.2% - Fort Collins, CO; J. J.'s Lounge - 6% - Fort Collins,
CO; and a Waive of Hearing for a Change of Ownership for R.T.W. Inc.,
dba Hauf Brau Restaurant, 1901 E. Lincoln Avenue, Fort Collins, CO. for
a 6% Hotel & Restaurant Liquor License.
M O T I O N
Commissioner Duvall moved that the Board approve the following
documents:
A93-104 LICENSE AGREEMENT FOR CLUB OPERATIONS - CARTER LAKE COLORADO
BIG THOMPSON PROJECT BETWEEN THE BOARD OF COUNTY COMMISSIONERS
AND CARTER LAKE SAIL CLUB, INC.
A93-105 AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND
CATHOLIC COMMUNITY SERVICES/NORTHERN, DIVISION OF CATHOLIC
CHARITIES AND COMMUNITY SERVICES, INC. (THE MISSION)
(Provision of Operating Costs for Shelter for the Homeless)
A93-106 AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND
CROSSROADS SAFEHOUSE INC., (Same as Above)
C93-23 EMERGENCY SHELTER GRANT (ESG) CONTRACT BETWEEN THE BOARD OF
COUNTY COMMISSIONERS AND THE STATE OF COLORADO, DEPARTMENT OF
LOCAL AFFAIRS, DIVISION OF HOUSING (Funds for the Homeless)
D93-12 DEED OF DEDICATION BY ADAMS, ET AL (Dedication of a Portion of
Property as Public Highway - Project #178 - Pingree Hill Road
R93-65s FINDINGS AND RESOLUTION CONCERNING THE PLAT OF WYKOFF MINOR
RESIDENTIAL DEVELOPMENT
R93-66s FINDINGS AND RESOLUTION CONCERNING THE PRELIMINARY PHASE PLAN
OF ASPENBROOK P.U.D. PHASE II
R93-67s FINDINGS AND RESOLUTION CONCERNING THE PLAT OF BLAND MINOR
RESIDENTIAL DEVELOPMENT
R93-68s FINDINGS AND RESOLUTION CONCERNING THE PLAT OF BRIARWOOD MINOR
RESIDENTIAL DEVELOPMENT
R93-69s FINDINGS AND RESOLUTION CONCERNING THE PLAT OF MAJORS MINOR
RESIDENTIAL DEVELOPMENT
R93-70z FINDINGS AND RESOLUTION CONCERNING THE PETITION OF FENDER
REQUESTING AMENDMENT TO THE FENDER REZONING SITE PLAN
R93-71s FINDINGS AND RESOLUTION CONCERNING THE PLAT OF HAUMONT MINOR
RESIDENTIAL DEVELOPMENT
R93-72s FINDINGS AND RESOLUTION CONCERNING THE AMENDED PLAT OF PRIME
MINOR RESIDENTIAL DEVELOPMENT
R93-73z FINDINGS AND RESOLUTION CONCERNING THE PLAT OF MIZER MINOR
RESIDENTIAL DEVELOPMENT AND REZONING
Motion carried 2 - 0
The meeting recessed at 10:25 a.m.
The Board reconvened at 10:40 a.m. for Legal Matters with George Hass,
County Attorney, and Jeannine Haag, Assistant County Attorney. Also
present were Bob Grewell, Director of Finance, and John Barnett,
Director of Planning.
Two documents were presented for Board approval and the Chairman's
signature:
M O T I O N
Commissioner Duvall moved that the Board approve the Subdivision
Exemption Agreement between the Board and Billy and Susan Steele.
Motion carried 2 - 0.
A93-107 SUBDIVISION EXEMPTION AGREEMENT BETWEEN THE BOARD OF COUNTY
COMMISSIONERS AND BILLY J. AND SUSAN J. STEELE
M O T I O N
Commissioner Duvall moved that the Board approve an Intergovernmental
Agreement for Project D.A.R.E. between Larimer County and Poudre R-1
School District.
Motion carried 2 - 0.
A93-108 INTERGOVERNMENTAL AGREEMENT FOR PROJECT D.A.R.E. BETWEEN THE
BOARD OF COUNTY COMMISSIONERS AND POUDRE R-1 SCHOOL DISTRICT
M O T I O N
Commissioner Duvall moved that the Board go into Executive Session to
discuss litigation.
Motion carried 2 - 0.
The meeting adjourned at 11:50 a.m.; no action taken.
________________________________
( S E A L ) COURTLYN W. HOTCHKISS, CHAIRMAN
BOARD OF COUNTY COMMISSIONERS
ATTEST:
______________________________________
Sherry E. Graves, Deputy County Clerk
