County Offices, Courts and Landfill will be closed on Monday, July 4 for the Independence Day Holiday. Critical services at Larimer County are not disrupted by closures.
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Board that the Van Hare Special Review and the Lennox Minor Residential Development items on today's Agenda have been withdrawn.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