Loveland Bike Trail
 

    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   

Background Image: Loveland Bike Trail by Sharon Veit. All rights reserved.