PROCEEDINGS OF THE BOARD OF COUNTY COMMISSIONERS
TUESDAY, JULY 6, 1993
SUBDIVISIONS
(#266, #268, & #270)
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; Richael Michels and
Carol Evans, Planners; Jerry White, Zoning Administrator; 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. Legg stated that the following are consent items and will not be
discussed in detail unless specifically requested by the Commission or
members of the audience.
1. CONNELL RESOURCES SPECIAL REVIEW ((#93-ZR0249): NW 03-06-68: SOUTH
SIDE OF COUNTY ROAD 38 (HARMONY ROAD), 1/4 MILE WEST OF I-25;
37.68 ACRES; FA-1 ZONING FARMING (7-6-93).
This is a request for Amendment to Special Review to allow the addition
of an asphalt batch plant as an accessory use to an approved gravel
extraction operation. Staff Findings include: 1) The proposed batch
plant will be operating as an accessory use to the gravel extraction
operation permitted by Special Review #57-80; 2) The Larimer County
Engineering and Health Departments, the fire district, all utilities and
other interested agencies have reviewed this subdivision and have stated
no objections as long as certain conditions are met; 3) The proposed
batch plant will have minimal impacts on the surrounding land uses and
appears consistent with the Larimer County Comprehensive Plan; 4) The
proposed batch plant will not increase the number of vehicle trips per
day that currently exist on the site.
The Staff/Urban Growth Area Review Board Recommendation is for Approval
of the Special Review to allow a mobile asphalt plant at the existing
Connell Resources mining operation with the following conditions: 1) The
batch plant will operate only from mid-March to mid-December each year
from 6 a.m. to 6 p.m. Monday through Saturday; 2) Only sand and gravel
that is extracted on the site can be utilized at the batch plant. No
resource may be brought in from other locations for use at this batch
plant; 3) The State permit for operating a batch plant on a mining site
must be obtained prior to operation of the plant; 4) A State Air
Pollution permit is required prior to operation of the plant; 5) The
fire hydrant required by Special Review #153-92 must be installed and
documented to be operating properly prior to operation of the plant; 6)
The approval for the batch plant will expire four years from the date of
approval by the Board of County Commissioners, unless otherwise extended
by the Board of County Commissioners.
2. KARL LANE STREET NAME CHANGE (#93-0S0295): 01-04-73; KARL LANE
RUNS NORTH FROM STATE HIGHWAY 7, NORTH OF CARRIAGE HILLS; E-ESTATE
ZONING (7-6-93).
This is a request to change the name of Karl Lane to Bluebird Lane.
Staff Findings are: 1) The proposed street name, Bluebird Lane, has been
reviewed and approved by all the appropriate public agencies; 2) The
proposed street name does not duplicate any existing street names in the
immediate area; 3) All the property owners utilizing this street for
access have approved the proposed street name. Staff Recommendation is
for Approval of the request to change the name of Karl Lane to Bluebird
Lane.
3. RIST CANYON VOLUNTEER FIRE DEPARTMENT SPECIAL REVIEW (#93-ZR0248):
SE 33-08-70; 2 MILES OFF RIST CANYON ROAD, 5 MILES WEST OF BELLVUE;
.09 ACRES; O-OPEN ZONING (7-6-93).
This is a request to allow a fire truck shelter and parking area for
volunteer fire fighters. Staff Findings include: 1) The structure will
improve the ability of the Rist Canyon Volunteer Fire Department to
respond to and fight fires in the Rist Canyon/Whale Rock Area; 2) The
Larimer County Engineering and Health Departments, the Fire District,
all utilities and other interested agencies have reviewed this
subdivision and have stated no objections as long as certain conditions
are met; 3) The proposed structure will have no significant impacts on
the surrounding land uses or the natural environment as long as certain
fire prevention actions are taken.
The Planning Commission/Staff Recommendation is for Approval of the Rist
Canyon Volunteer Fire Department Special Review with the following
conditions: 1) The structure and the water tank must be painted in earth
tones or forest greens to blend in with the surroundings; 2) Trees and
other solid fuel must be cleared within 30' of the proposed structure;
3) The structure may not be used for any other purpose than the storage
of fire trucks or other fire fighting equipment and maintenance of the
trucks and equipment; 4) A drainage plan must be provided for review by
the County Flood Plain Administrator at the time of building permit.
4. PTARMIGAN PLANNED UNIT DEVELOPMENT, 2ND FILING (#92-MS0109): S 1/2
OF 14-06-68; NORTHEAST CORNER OF COUNTY ROAD 5 AND STATE HIGHWAY
392; 42.64 ACRES; 107 LOTS; E-1 ESTATE ZONING (7-6-93).
This is a request for the release of the Special Improvement District
Letter of Credit. Staff Recommendation is for Approval of the release
of the letter of credit SLC021/92 for $209,317.50 upon successful
completion and release of the roadway subgrade construction.
5. RIVERLAKES ESTATES PLANNED UNIT DEVELOPMENT (#S-79-90): NE 1/4,
SW 1/4 221-5-68; NORTH OF STATE HIGHWAY 402, SOUTH OF THE BIG
THOMPSON RIVER, NORTHWEST OF PARADISE ACRES SUBDIVISION;
32.5 ACRES; 26 LOTS; (7-6-93).
This is a request for partial release of collateral. Staff
Recommendation is for Approval of the partial release of the Letter of
Credit in the amount of $96,889 with the condition that a new letter of
credit covering the remaining subdivision improvements agreement be
provided by the applicant prior to release.
M O T I O N
Commissioner Duvall moved that the Board adopt the Staff Findings and
UGA Review Board/Planning Commission/Staff Recommendations and approve
the Connell Resources Special Review (#93-ZR0249); Karl Lane Street Name
Change (#93-0S0295); Rist Canyon Volunteer Fire Department Special
Review (#93-ZR0248); Ptarmigan Planned Unit Development, 2nd Filing
(#92-MS0109); and Riverlakes Estates Planned Unit Development
(#S-79-90); each, with the conditions as previously outlined.
Motion carried 3 - 0.
6. ASPEN BROOK P.U.D., PHASE 2 SUBDIVISION IMPROVEMENT AGREEMENT AND
FINAL PLAT.
Mr. Kadera presented the Final Plat for Aspen Brook P.U.D., Phase 2 and
the Subdivision Improvement Agreement for Board approval and the
Chairman's signature.
M O T I O N
Commissioner Disney moved that the Board approve and the Chairman sign
the Aspen Brook P.U.D., Phase 2 Final Plat and Subdivision Improvement
Agreement.
Motion carried 3 - 0.
A93-122 SUBDIVISION IMPROVEMENT AGREEMENT FOR ASPEN BROOK P.U.D.,
PHASE 2, BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND ASPEN
BROOK INVESTMENTS, INC.
7. ABC STORAGE & RON'S EQUIPMENT PLANNED UNIT DEVELOPMENT (#93-MS0243):
SW 1/4 26-08-69; NORTH SIDE OF US HIGHWAY 287, EAST OF COUNTY ROAD
17 (1000 NORTH HIGHWAY 287-COUNTRY GENERAL STORE); 12.06 ACRES;
C-COMMERCIAL ZONING (7-6-93).
This is a request for a Preliminary Phase Plan to divide 12.06 acres
into three tracts of 2.62, 4.32, and 5.13 acres for a commercial Planned
Unit Development for mini-warehousing, equipment sales, and existing
retail/gasoline sales. Ms. Michels provided the project description and
noted that two concerns are the proximity of the building to Dry Creek,
which is in the floodway, and inadequate space for parking. Mr. Gene
Fischer, attorney for the applicant, stated they are in agreement with
all the requirements and conditions except for the condition that an
annexation agreement must be signed with the City of Fort Collins on all
three parcels. Mr. Fischer stated that Con-Agra will not sign the
agreement for the parcel they are retaining--Parcel A; but there is no
problem with signing the agreement for Parcels B & C--the parcels to be
developed. Staff Findings include: 1) The proposed uses are allowed in
the C-Commercial Zoning District; 2) The site plan with recommended
changes is in conformance with the Planned Unit Development Resolution;
3) A commercial development in this area meets the intent of the
Comprehensive Plan; 4) Approval of this Planned Unit Development will
have no detrimental effects upon the surrounding land uses, the
environment, or on overall health and safety; 5) The County Engineering
and Health Departments, as well as utilities and other interested
reviewing agencies, have reviewed this proposal and stated no objections
to it as long as certain conditions are met.
The Staff/Planning Commissioner Recommendation is for Approval of the
ABC Storage and Ron's Equipment Planned Unit Development with the
following conditions as amended: 1) A revised site plan must be
submitted with the following changes shown: A) The storage units and
office must be tan or brown with the roofs being a dark color. No white
shall be used; B) The storage units on the eastern side of the property
for both current and future development sites must be set back at least
50 feet from the floodway line of Dry Creek; C) Landscaping must be
provided on the southern portion of Tract B, which will provide a dense
buffer; D) Landscaping along Highway 287 must be included in Tract A; E)
Landscape irrigation and maintenance issues must be addressed.
Maintenance must be addressed in a Subdivision Improvements Agreement;
F) Parking spaces must be provided in the quantities required by the
Planned Unit Development Resolution, except at the storage unit office
where 3 spaces are required; G) The grassy equipment display area must
be physically delineated from the remainder of the property; H) The
access drive from Highway 287 must be shown 33 feet wide; 2) Development
of the site must be completed in strict conformance with the approved
Phase Plan, including signs and off-premise signs; 3) The Leafy Spurge
infestation on the property must be addressed in conformance with the
Larimer County Weed District Regulations; 4) Lighting should be
installed so that no light leaves the site or shines on adjacent
properties; 5) No storage or display of equipment can occur outside of
the approved storage area; 6) Future storage units must be developed in
conformance with the approved site plan; 7) The access to all the lots
must be included in an access easement and a written agreement recorded
defining how the property owners will maintain said access; 8) No
storage of vehicles, equipment, materials, or any other items will be
allowed outside of a building on Tract B; 9) Only farm implements and
equipment may be displayed for sale on Tract C. All vehicles displayed
must be operational. No wrecked equipment, equipment stored for parts,
mobile homes, etc., are allowed on Tract C; 10) All equipment displayed
on Tract C must be within the designated display area; 11) The display
area on Tract C must be well maintained and weed free; 12) The storage
units on Tract B must not be used for living quarters, any commercial
uses, or to store any hazardous materials; 13) Drainage issues must be
addressed with a drainage plan and a 20-foot drainage easement along the
north side of Tract B and must be shown on the Final Plat; 14) A fire
hydrant must be installed on the property in accordance with the
recommendation of the Poudre Fire Authority, and tested prior to issuing
a building permit; 15) The flood plain must be shown on the Final Plat;
16) The entire right-of-way for Highway 287 must be shown on the Final
Plat; 17) An Annexation Agreement with the City of Fort Collins is
required for the developed parcels B & C. Parcel A will remain excluded
from the Annexation Agreement, subject to obtaining a waiver from the
City of Fort Collins; 18) The following notes must appear on the Final
Plat: A) Development of this property must be done in strict conformance
with a site specific development plan on file with the Larimer County
Planning Office; B) Portions of Tracts B and C are located in the
floodplain and subject to Larimer County Floodplain Regulations; C)
Structures built on Tract B must have a finished floor elevation of 1.5
feet above the base flood elevation of 5,009.81 feet; D) Engineered
footing and foundations are required for all structures on this
property; E) Maintenance of the roads in this subdivision is the
responsibility of the property owners. Failure to maintain the roads
may result in a lien upon the property. Approval of the waiver from the
requirement to hook up to sanitary sewer with the following condition:
1) Property owners must hook up to sanitary sewer when it is within 400
feet of the property and join any Special Improvement Districts for
sewer that form within 400 feet of the property.
M O T I O N
Commissioner Duvall moved that the Board adopt the Staff Findings and
Staff Recommendations and approve the conditional Waiver regarding
sanitary sewer and approve the ABC Storage & Ron's Equipment Planned
Unit Development with Amended Conditions, subject to obtaining a waiver
from the City of Fort Collins excluding Parcel A from the Annexation
Agreement.
Motion carried 3- 0.
8. EHRLICH MINOR RESIDENTIAL DEVELOPMENT (#93-0S0309): 29-05-69,
SOUTH SIDE OF COUNTY ROAD 18 NEAR THE WEST END OF BOEDECKER LAKE
(7-6-93).
This is a request to appeal the Minor Residential Development regulation
to permit a Minor Residential Development application on a parcel
created after 1972. Russ Legg reviewed the major concerns and issues.
Staff Findings are: 1) On February 1, 1993, the Minor Residential
Development regulations were amended to require that all proposed Minor
Residential Development lots meet the minimum lot size requirements of
the appropriate zoning district; 2) The property in question cannot be
divided without a Lot Size Variance; 3) Property divisions that are not
consistent with the minimum zoning requirements should be subject to
review of the Planning Commission through the full subdivision process;
4) Without commenting on the merits of the case that could be made for
dividing this site, Staff will not support an appeal from the minimum
requirements of the Minor Residential Development regulations.
Therefore, Staff Recommendation is for Denial of the Ehrlich Minor
Residential Development Appeal.
Mr. Ehrlich submitted a letter with the history of this property and the
reasoning for his petition to proceed with an application for an MRD.
Discussion followed.
M O T I O N
Commissioner Disney moved that the Board adopt the Staff Findings and
Staff Recommendation and deny the Ehrlich Minor Residential Development
Appeal and suggested Mr. Ehrlich proceed thru the subdivision process.
Motion carried 3 - 0.
9. LAMY MINOR RESIDENTIAL DEVELOPMENT (#92-EX0047): NW 1/4 25-05-73;
SOUTH OF US HIGHWAY 34, ADJACENT TO THE ESTES PARK CITY LIMITS,
ONE MILE WEST OF MORAINE AVENUE; 38 ACRES; 3 LOTS; T-TOURIST
ZONING (7-6-93).
This is a request for a Time Extension to divide 38 acres into four lots
for single family dwellings, a Time Extension. Mr. Kadera also
requested the Board to consider the same Time Extension for the Kaufman
and Rice Minor Residential Developments, noting that the applicants have
complied with conditions of approval but matters beyond the applicant's
control have created a delay. Staff Findings include: 1) The Lamy Minor
Residential Development was conditionally approved on October 26, 1992;
2) The applicant has made steady progress toward meeting the conditions
of approval, so the Final Plat could be recorded; 3) Circumstances
beyond the applicant's control have resulted in a delay in meeting the
conditions of approval; 4) Granting an Extension to January 6, 1994 will
not result in any significant negative impacts on any interest the
County has in this application.
Staff Recommendation is for Approval of an Extension of Time to January
6, 1994 for the recording of the Lamy, Kaufman, and Rice Minor
Residential Developments.
M O T I O N
Commissioner Disney moved that the Board adopt the Staff Findings and
Staff Recommendation and approve the Time Extension until January 6,
1994 for the Lamy, Kaaufman and Rice Minor Residential Developments.
Motion carried 3 - 0.
10. GADSBY RANCH MINOR RESIDENTIAL DEVELOPMENT (#93-EX0226): SE 1/4 23
AND SW 1/4 24-08-70; 1/4 MILE SOUTH OF THE INTERSECTION OF COUNTY
ROAD 25E AND COUNTY ROAD 54E ON THE WEST SIDE OF COUNTY ROAD 25E,
1 MILE NORTHWEST OF BELLVUE; 16.9 ACRES; 2 LOTS; O-OPEN ZONING
(7-6-93).
This is a request to divide a 16.9 acre parcel with existing dwelling,
barns and indoor arena, into two lots of 8.5 acres each for single
family dwellings. Ms. Evans provided the background information and
technical and regulatory issues. Ms. Evans stated that Staff has
investigated several alternatives for "separating" the horse boarding
from the property and a good solution for resolving this situation does
not exist. Staff Findings are: 1) The proposed Gadsby Ranch Minor
Residential Development is not consistent with the requirements for
Minor Residential Developments contained in the Larimer County
Subdivision Resolution concerning permitted uses, and the proposed
access exceeds the County Standard for a dead-end road. The request is
consistent with requirements regarding number of lots requested and lot
sizes (Variance approved in 1991 with extension granted for 1993); 2)
The applicants want to divide their horse boarding facility from the
remainder of the property in hopes of obtaining better financing and
insurance. They wish to continue operating the horse boarding facility
as it provides their income; 3) The proposed development takes access
from County Road 25E at a location between two curves. The County
Engineering Department has expressed concerns regarding the length of
the proposed access and whether adequate sight distance is available for
this access; 4) The County Health Department has stated that commercial
livestock and/or rodeo activity may create noise, odor and dust
complaints from adjacent property, and that mitigation of these
potential problems should be addressed; 5) Other various reviewing
agencies have commented on this request and stated no objections if
certain conditions are met; 6) Approval of the proposed Gadsby Ranch
Minor Residential Development, with the continuation of the business and
with questionable access, would result in negative impacts on area
residences and transportation and access. Staff Recommendation is for
Denial of the proposed Gadsby Ranch Minor Residential Development.
Gary and Nancy Gadsby, applicants, stated that they are requesting this
land division to obtain a good mortgage rate; the horse operation is a
non-conforming use and such types of operation have a high rate of
failure, resulting in very high interest rates. The Gadsby's have no
intention of creating another building site. Mr. Gadsby also noted that
the adjacent property owners have no objections to this division of
land. Discussion followed.
M O T I O N
Commissioner Disney moved that the Board take this matter under
advisement for approximately thirty (30) days to allow time for Staff
and the applicants to draft new findings and conditions to mitigate the
concerns of this request.
Motion carried 3 - 0.
11. DOUBLE L RANCH REZONING AND SPECIAL REVIEW (#92-MZ0186): SE 1/4
21-09-72, ONE MILE SOUTHWEST OF GLACIER VIEW MEADOWS 6TH FILING;
116 ACRES; 3 LOTS; RURAL LAND USE DESIGNATION (7-6-93).
This is a request to rezone from E-Estate to O-Open and Special Review
to allow a guest ranch/retreat center. Mr. White provided the project
description and reviewed the major concerns and issues--the main concern
is access, not the request for a guest ranch. Therefore, Mr. White
suggested that this matter be tabled until a new single plan regarding
access and a new development plan can be determined. It was noted for
the record that the Planning Commission recommended approval of the
rezoning and special review with thirteen conditions, based on a plan
with different access.
Bill Wyatt, attorney representing the applicant, reviewed the history of
this area and addressed the access problem. Gus Eykholt, Frank Chapnick
and Paul Porter cited their concerns of environmental impact, the impact
on roads, single access for firefighters, etc., and offered alternate
solutions for access. Applicant Linda Best also commented on the
suggested tabling of the matter.
M O T I O N
Commissioner Disney moved that the Board take the Double L Ranch
Rezoning and Special Review under advisement to allow time (until
September 13, 1993) for Staff and the applicant to solve the access
problem and address concerns of the Glacier View Meadows Fire
Department.
Motion carried 3 - 0.
12. DEVRIES ALLEGED BUILDING/ZONING VIOLATION: NE 1/4 5-4-69; SW
CORNER OF WEST COUNTY ROAD 14 AND LONETREE DRIVE (7-6-93).
This alleged violation is for occupying a garage/storage building as a
second dwelling on a property, transforming a garage storage building
into a dwelling without building permits. Mr. Pedas submitted photos of
the site and letters of complaint to the Board, and reviewed the major
concerns and issues. The two issues which need to be resolved are
whether or not a second dwelling is permitted and whether the building
code has been observed. Staff Findings are: 1) The zoning regulations
allow only one principal building per lot; 2) A garage or storage
building on the property was remodeled into a dwelling without first
obtaining a building permit; 3) Any new construction or changes in the
occupancy of a building requires permits and inspections to insure all
safety requirements are met; 4) Continued use of the property
inconsistent with the building code requirements and zoning regulations
may affect property values in the neighborhood.
Staff Recommendation is to find that a violation exists, require
compliance within 30 days, authorize legal action if the compliance
deadline is not met.
M O T I O N
Commissioner Duvall moved that the Board table the Devries Alleged
Building/Zoning Violation until August 9, 1993 to allow time to
determine if a zoning violation exists.
Motion carried 3 - 0.
13. TUNNICLIFF/ELDER ALLEGED ZONING VIOLATION: 1051 SUTTON LANE, 1 MILE
SW OF ESTES PARK (7-6-93).
This alleged violation is for remodeling a garage/storage building into
a two-family dwelling (duplex), occupying the duplex without a
Certificate of Occupancy or building permit. Mr. Pedas provided the
background information for the Board and submitted a photo of the site
and several letters of complaint from adjacent property owners. Staff
Findings include: 1) The subject property is zoned E-Estate; 2) The
E-Estate District allows only single family dwellings and one single
family dwelling per lot; 3) The use of the two story building for one or
two dwelling units is not authorized with any building permits; 5) The
building is being occupied without any inspections or approvals; 6) The
original building had several code deficiencies that were never
corrected; 7) Continued use of the building and property inconsistent
with the restrictions of the E-Estate Zoning may affect property values
in the area.
Staff Recommendation is to find that a violation exists, require
immediate compliance, and authorize legal action if compliance is not
attained.
Mr. Bill Tunnicliff stated he acquired the subject property thru
foreclosure as property manager for Veteran's Administration. A market
analysis and systems inspection of all recorded documents of easements,
restrictions, etc., was conducted and there was no record of any code
deficiencies. Therefore, Mr. Tunnicliff proceeded with cleanup and
repair of the three occupancy units on the property, which have had an
existing use for 13 years. Ms. Nancy Brown, adjacent property owner,
addressed the Board and stated that the two-story building has never
been used as a dwelling until purchased by the present owners--the
building was empty and used as a garage. Ms. Mary Tunnicliff stated
that there has been occupancy of this property and there are three
separate meters for heat, utilities, etc. Another neighbor, John
Kinear, stated the two-story building was rented as an apartment for one
or two years in the late 1970's, and rented later on for a year; but for
the last 10 to 12 years no one has occupied the building. This
gentlemen has no objection to the occupancy of the building because
there is a housing shortage in Estes Park. Mr. Tunnicliff asked if it
would solve the problem if he applied for a Variance from the Board of
Adjustments, installed an interior stairway, etc. Chairman Hotchkiss
advised this would be determined by the BOA. Discussion followed.
M O T I O N
Commissioner Disney moved that the Board find that a violation exists,
require compliance within sixty (60) days, and recommended that the
applicant apply for a Variance from the Board of Adjustments.
Motion carried 3 - 0.
14. WATSON ALLEGED ZONING VIOLATION: NW 1/4 34-5-70; NORTH END OF
CARTER LAKE (7-6-93)
This alleged violation is for parking travel trailers, busses, and RV's,
in an area not approved as a travel trailer park/campground. Mr. Pedas
reviewed the major issues and concerns and submitted photos of the site.
Staff Findings are: 1) The subject property is zoned T-Tourist; 2) The
T-Tourist Zoning District allows travel trailer parks through Special
Review Approval; 3) The indiscriminate parking of travel trailers
(occupied or stored) is not an accessory use to a restaurant; 4) The
continued use of the property is inconsistent with the zoning
regulations and may affect property values in the area.
Staff Recommendation is to find that a violation exists, require
compliance within 30 days, and authorize legal action if the deadline is
not met.
Ricki Watson, property owner, submitted pictures of his property and
adjoining properties and noted that the bus on the site is under
renovation, as required by the Health Department. Mr. Watson stated
that another bus on the property is temporary and holds the tools for
the renovation; the RV is occupied by his night watchman but is moved in
and out twice a day. Mr. Watson noted that he runs a bar and restaurant
and many vehicles are left overnight due to over consumption of alcohol.
Mr. Watson requested clarification regarding how many vehicles are
allowed and stated he will eliminate the vehicles which are not allowed.
M O T I O N
Commissioner Duvall moved that the Board find that a violation exists,
require compliance within 60 days, and authorize legal action if the
deadline is not met.
Motion carried 3 - 0.
The meeting recessed at 12:10 p.m.
PUBLIC WORKS STANDING MEETING
(#277)
The Board of County Commissioners reconvened in general session at 2:00
p.m. with Rex Smith, Director of Public Works. Chairman Hotchkiss
presided; Commissioners Duvall and Disney were present. Also present
were: Bill Gordon, County Administrator, and Bill Heiden, Director and
Dale Miller, Assistant Director, Road and Bridge Department. Recording
Clerk, D. Lord.
The first item on the agenda was the Water Augmentation Agreement
between the County and the Platte River Power Authority to provide for
the augmentation of 100 acre feet annually for the Strang Gravel Pit.
Mr. Miller explained the reason for the agreement and the benefits to
the County.
MOTION
Commissioner Disney moved that the Board approve the following document:
A93-123 AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE
PLATTE RIVER POWER AUTHORITY FOR 100 ACRE-FEET OF WATER ANNUALLY
AS AUGMENTATION WATER FOR THE STRANG GRAVEL PIT.
The motion carried 3 - 0.
Mr. Heiden explained to the Board that over the years the County has
accepted the responsibility for upkeep on various public access roads in
sub-divisions approved many years ago. The Department is currently
updating and attempting to standardize the agreements with several of
these developments to address both fiscal and implied responsibility
issues. Two of the agreements are tentatively scheduled for action
within the near future. The first item discussed was an agreement with
Lockland Park regarding the public access road. The subdivison has
agreed to pay half the costs of paving the main road and the total cost
of paving the three cul-de-sacs in Lockland Park. The second project
would be in cooperation with the city of Fort Collins and the Colorado
Department of Highways to locate a weather monitoring station at the
same site as the new bridge north of Fort Collins on 287. After
discussion, the Board agreed that the standardization of the agreement
process, as well as the responsibility implications carried over by
decisions of past Boards, was progressing in the right direction. The
specific agreements will be discussed in more detail when completed for
Board action. CONSENSUS OF THE BOARD was NOT to accept tree limbs, or
other wind-caused debris FREE at the Landfill.
There being no more business, the meeting was recessed at 3:00 p.m.
MEETING REGARDING URBAN DISTRICT PRIORITIES
(# 277)
The Board of County Commissioners reconvened at 3:10 p.m. in general
session with Jane Uitti, Urban District Liaison with Colorado Counties,
Inc. Chairman Hotchkiss presided; Commissioners Duvall and Disney were
present. Also present was Bill Gordon, County Administrator. Recording
Clerk, D. Lord.
Ms. Uitti explained that she was visiting urban counties to discuss the
issues that each of the counties believed were most critical to them
prior to the August meeting in which the top priorities for proactive
legislative and administrative activities the Colorado Counties, Inc.
should focus for next year. She refered to the memorandum of June 16,
1993 from Ron Stewart, President of CCI, in which five categories of
issues were identified for prioritization as the basis for the meeting
agenda.
Commissioner Disney identified Social Services Restructuring;
Conservation/Easement issues; Property Tax Revision; Transportation
funding equity; and, Subdivison regulation of 35+ acres as his
priorities. Chairman Hotchkiss added Ag definition for property taxes;
Change in abatement interest from 1% per month; Vacating obsolete
subdivisions (reintroduction of SB 1285); and, Clarification that
issuance of a tax deed or division of property for tax assessment
purposes does not legally subdivide property. Commissioner Duvall
agreed with the above priorities, but asked for emphasis to be placed on
Domestic violence monitoring and that funding for the program be
redirected from the State General Fund back to the counties to pay for
the program. Commissioner Duvall also recommended uniform generic
application forms for all HHS Agencies and a need to reduce the number
of abatements. There was consensus also on consolidating Special
Districts.
The Commissioners commended CCI for the new direction and expressed
support for the activities of the organization.
No action was taken and the meeting was adjourned at 4:10 p.m.
WEDNESDAY, JULY 7, 1993
ADMINISTRATIVE MATTERS
(#280)
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 the
following members of the Customer Service Team: Len Bammer, Director of
Fleet Management, John MacFarlane, Parks Director, Jeannine Haag,
Assistant County Attorney; and Wayne Lawler, Facilities Manager.
Recording Clerk, S. Graves.
1. STATUS OF CUSTOMER SERVICE TEAM SURVEY: The Committee requested
direction from the Board regarding conducting an External Survey and if
monies will be appropriated for same. The Survey will attempt to
determine how Larimer County is doing with the services currently
provided and also educate the public regarding what services are offered
and have them rank these services as to importance. The Survey will
help set priorities for the future. CONSENSUS OF THE BOARD was to
authorize the expenditure of up to $5,000 for the Customer Service
External Survey, monies to be derived from the Commissioners' Special
Projects Fund. The Committee Members stated that a Status Report will
be brought before the Board before October 15, 1993.
2. APPOINTMENTS TO OFFICE ON AGING ADVISORY COUNCIL:
M O T I O N
Commissioner Disney moved that the Board appoint Laurel Kubin and
Marjorie Drew to the Office on Aging Advisory Council, both to fill
unexpired terms which expire on December 31, 1993.
Motion carried 3 - 0.
3. APPOINTMENTS TO ENVIRONMENTAL ADVISORY BOARD:
M O T I O N
Commissioner Disney moved that the Board appoint the following to the
Environmental Advisory Board: Jim Meiman, Claudia Regan, & Ken Ashley
for a One-year term ending July 31, 1994; Mark De Gregorio and Deni
LaRue for a Two-year term ending July 31, 1995; Chris Bolton and Chris
Lembcke for a Three-Year Term ending July 31, 1996; and Eric Sharp as
Alternate for a One-Year Term ending July 31, 1994.
Motion carried 3 - 0.
It was noted that the Loveland City Council has appointed Patricia Ann
Spaine and Fort Collins has selected Will Smith to the Environmental
Advisory Board.
4. COMMISSIONER'S REPORTS:
-- Commissioner Duvall requested assistance in determining the status of
the many projects which have been requested from the various departments
within the County. Mr. Gordon and Commissioner Duvall will work on
prioritizing this list.
5. WORKSESSION:
-- Dr. Keith Olson, Mental Health Executive Director, has requested
Board approval to increase client rates from $85 to $89 per hour session
effective July 1, 1993. Dr. Olson stated this rate change is necessary
to reflect the change in State and Medicaid rates.
M O T I O N
Commissioner Duvall moved that the Board approve the increase in client
rates for the Mental Health Center from $85 to $89 per hour session,
effective July 1, 1993.
Motion carried 3 - 0.
-- Loyd Berry, Larimer County Agronomist, has requested the Board to
accompany the Weed Advisory Board Members on a tour to view the extent
of Larimer County's weed problems and is attempting to schedule this
tour at the Board's convenience. Commissioners Disney and Duvall
expressed interest in the tour; Mr. Gordon will make the arrangements.
-- Mr. Gordon advised the Board that the date of July 14, 1993 for
"Brats on the Barbie", fundraiser for United Way, will be rescheduled
because so many of the elected officials will be unable to attend on
that date.
-- Rhonda Ross, United Way Coordinator, has requested authorization
from the Board to purchase forty (40) t-shirts for the United Way
Volunteers--approximately $240. CONSENSUS OF THE BOARD was to authorize
the expenditure of $240 for t-shirts for the United Way Volunteers,
monies to be derived from the Commissioners' Special Projects Fund.
-- Discussion was held with Mr. Lawler regarding the purchase of two
lots immediately adjacent to the north of Blue Spruce for the purpose of
potential future expansion and parking. Commissioner Duvall expressed
interest in reviewing other alternatives and in determining what other
expansion needs the County will have in the future. After discussion,
the Board directed Mr. Lawler and Mr. Gordon to compile a list of future
expansion needs and plans.
6. 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 June 28, 1993, and the Agenda for the week of July 12, 1993, as
submitted.
Motion carried 3 - 0.
M O T I O N
Commissioner Duvall moved that the Board approve the following Petitions
for Abatement, as recommended by the County Assessor, Steve Miller:
Automated Business Svs; Advanta Leasing Corp; Vector Sports; David/Kris
Creager; William & Joan Van Horn; Joan Van Horn; James/Nancy Schroeder;
Everett/Mary Yarber; Thomas/Sharon Carson; Harvey/Marjorie Penner;
Don/Jocelyn Carstens; Robert/Jannette Monson; Alfred/Helen Thompson;
Stanley/Suzanne Brines; John/Patricia Rogers; Larry Nicolai; and
Dieter/Linda Bothe.
Motion carried 3 - 0.
M O T I O N
Commissioner Duvall moved that the Board approve a Second Amended
Cottonwood Farms Exemption.
Motion carried 3 - 0.
LIQUOR LICENSES: A License was issued to Indian Meadows Lodge - 6% WITH
EXTENDED HOURS - Bellvue, CO. County Approval was granted to Rustic
Liquors - 6% - Bellvue, CO; Rustic Resort - 6% - Bellvue, CO; Southwest
Liquors - 6% - Loveland, CO; Waive of Hearing for a Special Events
License for the State Board of Agriculture for the Colorado State
University, Greater Ram Club Spirit Committee, Hughes Stadium Parking
Lot, Fort Collins, CO. on September 4, September 11, September 18,
October 9, and October 30, 1993 for a 3.2% SPECIAL EVENTS PERMIT; and a
Waive of Hearing for a Change of Ownership for Horsetooth Inn
Corporation dba The Horsetooth Inn, 5918 Lakeview Drive, Fort Collins,
CO. for a 6% Tavern License.
M O T I O N
Commissioner Duvall moved that the Board approve the following
documents:
A93-124 EASEMENT AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND
U.S. WEST COMMUNICATIONS, INC.
C93-36 CONTRACT FOR STATE REIMBURSEMENT OF CLEAN UP COSTS FOR LEAKING
UNDERGROUND STORAGE TANKS BETWEEN THE BOARD OF COUNTY
COMMISSIONERS AND THE STATE OF COLORADO, DEPARTMENT OF HEALTH
Motion carried 3 - 0.
The meeting recessed at 10:45 a.m.
WORKSHOP ON MAIL BALLOT AND COORDINATED ELECTIONS
(#281)
The Board of County Commissioners reconvened at 1:30 p.m. in general
session with Myrna Rodenberger, County Clerk and Recorder. 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 Nancy Lubinski, Elections Division
Supervisor. Recording Clerk, D. Lord.
Ms. Rodenberger explained that the reason for the meeting was to discuss
the implementation of a mail balloting system for Larimer County
elections. She said that she preferred not to implement the mail
balloting system for 1993 for the following reasons: 1) The current
system is in place for regular balloting for the fall elections; 2)
There is no cost advantage to revising the system immediately, however,
there are distinct disadvantages in terms of staff time and initial
procurement of equipment, in addition to the lack of space in current
county space to process the ballots; and, 3) the technology to set up
the mail balloting, including the purchase, installation and training
for scanning equipment to process the ballot envelopes. Ms. Rodenberger
stated that the Board must make the final decision, however, she was
recommending that elections be held at polling sites for the balance of
1993. The Board agreed to accept her recommendation.
Ms. Rodenberger then discussed coordinated elections, as mandated by
Amendment 1. The new law calls for the County Clerk to coordinate all
elections, general issues, city, special district, and school district
elections to be held on the first Tuesday in November of odd-numbered
years. This year issues of the city of Loveland, the city of Fort
Collins, School District elections, and one or two special district
issues that may be forthcoming from the county will be on the ballot.
Chairman Hotchkiss asked if there was a problem with the election
budget, given the mandate. Ms. Rodenberger stated that there was a
carry-over from a prior election, and that the various entities that
would be placing issues on the ballot will be asked to pay their actual
costs, as before. The Board agreed with this procedure for billing for
election services.
Ms. Lubinski distributed a sample format for the Sample Ballot in
response to the mandates of the Tabor Act regarding the publication of
the Pro and Con statements for ballot amendments. She explained the
format that would have to be followed, including the acceptance and
summary of comments received for publication by the County Election
Division. The sample booklet format was discussed and the Board agreed
that this suggestion was an acceptable method to address the mandate,
and instructed Ms. Rodenberger to proceed in her investigation of cost
factors, printing resources and distribution.
There being no more items, the meeting was recessed at 2:15 p.m.
DEHYDRATOR EMISSION TASK FORCE REPORT
(#281/283)
The Board of County Commissioners reconvened at 3:00 p.m. in general
session with Maggie Carter, Facilitator of the Dehydrator Emission Task
Force. Chairman Hotchkiss presided; Commissioner Duvall was present
and Commissioner Disney was attending a meeting in Estes Park. Also
present were: Bill Gordon, County Administrator; Larry Johnston,
Director of Environmental Health; Roy Cole, Robert Graves, Harvey
Kittel, Debby Morgan, Mary Lou Schmunk, and Karen Schneller-McDonald,
members of the Dehydrator Task Force. Recording Clerk, D. Lord.
Maggie Carter, Facilitator of the Task Force, presented the Board with a
written Consensus Statement, with an opening statement, five
recommendations and an outline for a suggested COMMUNITY OBSERVATION
STUDY. The Chairman accepted the report on behalf of the Board and both
the Chair and Commissioner Duvall expressed their appreciation for the
time and effort all members of the task force expended on their
assignment.
The recommendations and follow-up activities of the county and the task
force were discussed. Ms. Carter expressed the Task Force's wish to be
involved in the Community Observation Study, if the Board decides to
initiate it. Mr. Johnston said that some of the recommended actions
would be a part of the discussion of the Emissions Inventory Committee
on July 13, and may be addressed by that group.
After a general discussion, Chairman Hotchkiss accepted the report of
the Dehydrator Task Force as an interim report, and declared a 30-day
grace period during which time the Board and Dr. Johnston will determine
how these recommendtions can be implemented.
No further action was taken, and the meeting was adjourned at 4:15 p.m.
________________________________
COURTLYN W. HOTCHKISS, CHAIRMAN
BOARD OF COUNTY COMMISSIONERS
( S E A L )
ATTEST:
________________________________________
Sherry E. Graves, Deputy County Clerk
________________________________________
Dolores Lord, Deputy County Clerk
