PROCEEDINGS OF THE BOARD OF COUNTY COMMISSIONERS

MONDAY, NOVEMBER 15, 1993

SUBDIVISIONS

(#383 & #384)

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; Carol Evans, Planner; Russ Legg, Development Processing Administrator; Jerry Blehm, Environmental Health; and Jeannine Haag, Assistant County Attorney. Recording Clerk, S. Graves.

Mr. Barnett requested the Board to table the Slab Canyon Limestone Quarry Special Review until January 10, 1994, as requested by the applicant.

M O T I O N

Commissioner Disney moved that the Board table the Slab Canyon Limestone Quarry Special Review (#93-ZR0289) until January 10, 1994, as requested by the applicant.

Motion carried 3 - 0.

Mr. Barnett informed the Board that the following are consent items and will not be discussed unless requested by the Commissioners or members of the audience.

1. COTTON WILLOW ESTATES-SECOND FILING UTILITY EASEMENT

VACATION (#93-0S0372): 29-08-69; 4009 GREENRIDGE DRIVE, WEST

OF LAPORTE, SOUTH OF COUNTY ROAD 54G; FA-FARMING (11-15-93)

This is a request to vacate an existing utility easement and dedicate a new easement. Staff Findings include: 1) Cotton Willow Estates Second Filing was approved in 1973; 2) The original plat included a utility easement which extended into the front of Lot 1, Block 5; 3) A sewer line was placed closer to the front of the lot so the house would not encroach on the sewer line. The owner apparently intended to vacate the original easement and dedicate a new easement, but failed to complete the effort; 4) All utility companies serving this area have reviewed the easement vacation and stated no objections. Staff recommendation is for approval of the request to vacate a utility easement and dedicate a new easement of Lot 1, Block 5, Cotton Willow Estates Second Filing.

2. MCBRIDE LEGAL LOT APPEAL (PORTION OF LOT 31, HIGHLAND

PLACE SUBDIVISION) - #93-SA0374: SW 25-08-69; 1/4 MILE WEST

OF COLORADO HIGHWAY 1 AND 1/8 MILE SOUTH OF RICHARDS

LAKE ROAD; 2.29 ACRES; 1 LOT; FA-FARMING ZONING (11-15 93).

This is a request to appeal Staff decision regarding denial of a building permit for this parcel and to recognize this parcel as a legal lot. Ms. Evans provided the background information. Staff Findings are: 1) The property owners building permit application was denied because of an illegal lot split which occurred in 1971. Their property is identified as Parcels H and J, Highland Place Subdivision; 2) The property owners are requesting that the Board of County Commissioners recognize their property as a legal building site without requiring completion of the full replat process; 3) The County Health Department has reviewed the request and stated no objection. The County Engineering Department has stated concerns regarding access and suggested conditions to address the issue. Utility companies serving this site have provided written commitments for service; 4) Notice was mailed to property owners within 500 feet of this site to provide an opportunity for comment from the neighborhood; 5) The proposed lot is consistent with existing development in the area and with the current zoning of the site; 6) Approval of the request to recognize this property as a building site, with certain conditions, should not result in any significant negative impacts on surrounding properties, utility services, transportation facilities, or the natural environment.

Staff Recommendation is for approval of the request to recognize the property as a building site, with the following conditions: 1) An Amended Plat shall be submitted which combines the two "portions" of Tract 31, Highland Place Subdivision that are owned by the applicants. The Amended Plat must be completed according to all requirements for Amended Plats as contained in the Larimer County Subdivision Resolution. Application fees and recording fees must be paid by the applicants. Any easements requested by utility companies on this property must be provided on the plat; 2) Engineered footings and foundation plans shall be submitted for all construction on this site. This requirement may be waived if information is submitted which indicates that expansive soils are not a concern at this site. This condition shall be noted on the plat; 3) The following conditions shall be noted on the plat: A) All current and future owners shall participate in any improvement district formed to improve roads in this area; B) Larimer County Park Fees for the Fort Collins Urban Growth Area shall be paid at building permit issuance for this lot; C) The results of a radon detection test for any single family dwelling constructed on this site shall be submitted to the Planning Department before a Certificate of Occupancy is issued; D) All current and future owners shall agree to connect to public sewer if it becomes available, in the event that an existing septic system fails; E) Drainage fees calculated by an Engineer for the Dry Creek Basin shall be paid at building permit issuance for this lot. The fee is to be noted on plat after amount is determined; F) The Fort Collins Urban Growth Area Minimum Street Capacity Waiver Fee shall be paid at building permit issuance for this lot. A credit will be given for the waiver fee at any time an improvement district is formed.

M O T I O N

Commissioner Disney moved that the Board adopt the Staff Findings and Staff Recommendations and approve the Cotton Willow Estates-Second Filing Utility Easement Vacation (#93-0S0372) and the McBride Legal Lot Appeal (Portion of Lot 31, Highland Place Subdivision) - #93-SA0374; with the conditions as outlined.

Motion carried 3 - 0.

3. PANORAMIC WEST SUBDIVISION (11-15-93)

This item was heard on October 4 and October 18, 1993, at which time it was tabled until today. The purpose of today's meeting is for a progress report and to discuss the matter further. Mr. Barnett reported that this item appears to have some specific solutions but has raised some issues which have longer-term implications. In this instance, the Fire District did make a commitment to provide water service for 20 pounds per square inch (PSI) of water in six-inch water lines, which have been installed and that level of service has been provided. The issue is whether or not that is adequate fire protection and, if not, what should be done about it. There is a longer term question about urban fire protection and whether or not the districts are in position or are willing to commit to that; if they are not willing to commit to urban-level fire protection, what should be done in terms of whether areas are ready for urbanization. With regard to the long-term issues, Mr. Barnett proposed polling the fire and water districts to see what areas that question should apply to and what should be done.

Commissioner Duvall requested Ms. Haag's legal opinion, noting this was the reason for tabling of this matter on October 18. Ms. Haag stated that in her opinion, building permits can be withheld if there is adequate evidence to show that there is inadequate water, either for household use or for fire protection, and depriving other landowners of water or water pressure meets this definition of inadequate water pressure.

Greg White, attorney representing the Loveland Rural Fire District, concurred with Mr. Barnett's suggestion to have the water and service entities and fire districts meet to discuss reasonable types of fire flows for new subdivisions, and work with the water providers to come up with reasonable standards that everyone can live with to allow some sort of development to occur in the rural areas of the county. Mr. White thinks there are several reasonable solutions to the Panoramic West issue and urged the parties involved to try to come together to address the issue. Dave Patchel, Ron Fauzio, Steve Anderson, Lay Woo (?), Drake Sayan (?), and Karen Patchel, Panoramic West residents, addressed the Board with their concerns and asked questions regarding safety, whether or not 20 PSI is to be expected year round by the homeowners, who is liable if home burns down, will property owners who have started building be allowed to continue, and expressed their expectations of conditions as outlined during the approval process. Chairman Hotchkiss asked the Little Thompson Water District's position regarding responsibility for fire protection. Randolph Starr, attorney for Little Thompson, stated for the record that the District has not been invited to appear at the previous hearings, has not been informed throughout the whole process of the discussions, and the criticisms of the District regarding their lack of participation have been unjustified. However, Mr. Starr noted that the elected Board of Directors of Little T. desire to work with the Board of County Commissioners for a solution. Mr. Starr declined to answer Chairman Hotchkiss's question regarding liability, because if the matter goes to Court, circumstances may change and out of deference to their insurance carriers, he cannot take a position today. Commissioner Disney condensed the immediate problem into three questions: 1) How do we solve the problem which exists in Panoramic West right now? 2) Who is responsible for it? and 3) When is it going to happen? Mr. Starr noted that Little Thompson has a short-term and long-term capital improvements program which will address the problem; a pump is being installed which should solve the household water pressure problem by next summer, but not necessarily enough pressure in the fire hydrants to fight fires.

Richard Weddit, Little Thompson District Manager, outlined the three options which the Board of Directors will consider as part of the '94 budget process: 1) Pumping Station for Panoramic which would provide domestic water service - cost $25,000; 2) Another solution would address the issue of domestic service and attempt to provide a 500 gallon per minute flow rate at the highest elevated fire hydrant - cost $150,000; 3) Build-up of the infrastructure of the District, which involves a new transmission line - cost $2,000,000. Mr. Weddit noted that during their meeting last August, the Board committed to the Homeowners in Panoramic West to solve their water-service problem prior to summer 1994, but the final decision regarding which option the Board is going to select has not been made. Mr. Weddit stated that the District is on record to provide water service for rural residents, not to provide water flow for fire protection--it is their intent to provide the best possible domestic water service to all their customers.

Bill Kaufman, attorney representing the developers of Panoramic West Subdivision, noted they favor having a meeting with all the parties involved to try and reach some solution to the problem. Mr. Kaufman clarified the developer's position by noting that when this subdivision was developed, they entered into an agreement for water main extensions with the water district which states in paragraph four "... the District will provide service in accordance with its rules and regulations and line extension policies as now adopted or hereafter adopted by the district; the mainline extension policies, which is Section 8 under Paragraph 800.3, states that all mainline extensions will be designed to accommodate fire flows necessary for the area to be developed..."

Chairman Hotchkiss summarized the meeting to this point, stating that the approval of any future plans for subdivisions will get a great deal more scrutiny regarding adequate fire protection before approval is granted; the Board concurred with this statement. The other issue today is whether or not the Board is going to put a building permit hold on lots in already-approved subdivisions. Commissioner Duvall pointed out that as increasing demands are put on the water district, this has created the problem; she is concerned about allowing more building permits in existing subdivisions, even at lower elevations, as it will impact the higher elevations even greater; if building permits are allowed, they will be adding to the numbers of innocent people buying lots with no understanding of the fact that they may not have water and probably will not have fire protection.

Glen Gibson, President Little Thompson Water District, also expressed his willingness to have a meeting with all the parties involved and noted that several other water districts should be included; he noted that he called several of the districts and not one could guarantee 500 gallons per minute at all times. Mr. Gibson stated that this is a big problem and is going to require big bucks and the homeowners will have to pay. Commissioner Disney stated that we owe it to the people to solve this problem immediately. Much discussion followed.

M O T I O N

Commissioner Duvall moved that the Board take Mr. Barnett's recommendation to have a discussion with all water districts, fire districts, and the County to solve the long-term problem regarding domestic and fire flow responsibility in the County, have no further approvals of any new subdivisions in the Little Thompson Water District, and put a hold on all building permits on existing subdivisions with the Little Thompson Water District service area until this problem is resolved, both short-term and long-term.

Motion failed 1 - 2; Chairman Hotchkiss and Commissioner Disney dissenting.

M O T I O N

Commissioner Disney moved that the Board give a three-month deadline, until February 14, 1994, to allow time for the parties involved to meet and then return to the Board with a solution to the problem in Panoramic West to provide adequate fire flow, defined as 500 gallons per minute at 20 PSI at the top fire hydrant in Panoramic Court, and begin a discussion of the county-wide problem with all the districts to get a common definition of terminology and policy.

AMENDMENT TO THE MOTION

Commissioner Duvall amended the above Motion to include a hold on building permits within the Panoramic West Subdivision until there is an answer to the problems, excluding those permits that are already applied for or have foundations poured--namely, Wold, Powell, and Thomas.

Motion and Amendment carried 3 - 0.

The meeting adjourned at 10:35 a.m.

TUESDAY, NOVEMBER 16, 1993

PUBLIC WORKS STANDING MEETING

(#384 @ 500)

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 was Donna Hart, Assistant to the County Administrator. Recording Clerk, S. Graves.

1. UPDATE ON WELLINGTON SHOP SITE REMEDIATION: Mr. Smith noted that the reviewing Board for the underground storage tank for the Wellington Shop Site Remediation has approved reimbursement of $28,000; however, they hold $6,000 in abeyance pending a report. Larimer County has spent $45,000 to date, the first $10,000 we have to pay; therefore, we anticipate getting back a total of $34,000. Mr. Smith stated that they will have to apply for re-imbursement for any future work, but after initial approval is granted, future re-imbursement is almost guaranteed.

2. TRAFFIC VOLUMES - COUNTY ROAD 30 AND COUNTY ROAD 32: Mr. Smith reported that the traffic count on County Road 32 increased from 500 to 2800 vehicles a day after it was opened, and the traffic on County Road 30 decreased about 10%.

3. DISCUSSION ITEMS:

-- With regard to the paving at Horsetooth, Commissioner Duvall asked if the shoulders are going to be widened for bicycles; Mr. Smith noted that there will be a 30-foot section on the east side. Also, Commissioner Duvall stated that citizens have called with concerns about cars slipping and sliding down the smooth surface in the winter. Mr. Smith stated they will have to sand it if the road is left open--they are considering closing this road in the winter and possibly closing it after 10:30 p.m. in the summer.

-- Commissioner Duvall requested an update on the intersection of CR 54G and Highway 287; Mr. Smith noted that the State has put up a flashing red light. Commissioner Disney stated that the State is bringing in some outside safety engineers to look at the site and try to come up with some suggestions to improve safety. Commissioner Duvall asked if, in the meantime, they could install a stronger red light; she will contact Doug Ramos of the Colorado State Highway Department about this matter.

-- Commissioner Duvall also asked about the Highway 287 and Livermore intersection; she has received calls about the need for a turn lane at this site. Chairman Hotchkiss stated that the Board has previously asked the State to put in a turn lane at this intersection, but they have it listed as a low priority - it is listed as 20th out of 28. Mr. Smith noted that a turn lane would cost 3/10's of a million dollars.

-- Commissioner Disney asked Mr. Smith if it would be possible, without going thru alot of work, to put together the costs to maintain a gravel road per foot in order to have this information to answer the many complaints from citizens about why the County doesn't maintain their roads.

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 adjourned at 10:30 a.m.; no action taken.

WEDNESDAY, NOVEMBER 17, 1993

ADMINISTRATIVE MATTERS

(#385)

The Board of County Commissioners met at 9:30 a.m. in regular session with Donna Hart, Assistant to the County Administrator. Chairman Hotchkiss presided; Commissioners Disney and Duvall were present. Also present were: Rex Burns, Flood Plain Administrator; Suzanne Cottery-Cotter, Waste Clean-Up Specialist with Stewart Environmental, Inc.; Bob Gallenstein, SEC Client; Paul Cooper, Community Corrections Director; Brent Nittmann, Youth Services Bureau Program Manager; Steve Miller, Larimer County Assessor; Jim Stokes, Director Information Management; Myrna Rodenberger, Larimer County Clerk & Recorder; and Russ Ragsdale, Clerk & Recorder Chief Deputy. Recording Clerk, S. Graves.

1. REQUEST FOR AN ENTITY SEEKING PERMISSION TO DISCHARGE INTO STORM SEWER: Mr. Burns requested approval from the Board for an entity to discharge effluent from the cleanup of a leaky gasoline storage tank into a storm sewer belonging to Larimer County at the northeast corner at the intersection of Overland Trail and County Road 54G in LaPorte. Mr. Burns noted that the cleanup will be conducted under a permit issued by the Colorado Health Department, which has stringent rules for this type of activity and the quality of the water being discharged. Mr. Burns contacted the County Attorney regarding liability for any downstream calamity or claim which might result from the discharge; their opinion was that the County takes on no liability by giving permission for the discharge, provided that the dischargers have a lawfully issued permit from the State Health Department. Ms. Cotter noted that they are in the process of obtaining the permit from the State, but a requirement for the permit is County approval. Two other alternatives for handling the discharge were described, but would not be as satisfactory and therefore, not recommended.

 

M O T I O N

Commissioner Disney moved that the Board approve, and the Chairman sign, the Approval to Discharge to County Storm Sewer Form, with the State monitoring, as recommended by Mr. Burns.

Motion carried 3 - 0.

2. REQUEST FOR APPROVAL OF THE GEOGRAPHICAL INFORMATION SYSTEM (GIS) PROPOSED REQUEST FOR PAYMENT (RFP): Mr. Ragsdale submitted the Request for Proposal for the Geographical Information System and requested Board approval. After approval is granted, the GIS Team will initiate the process to contract with a consultant to help the GIS Team review the current efforts and needs and propose a plan for GIS. Mr. Ragsdale noted that this RFP is a collective effort of six departments. CONSENSUS OF THE BOARD was to agree to this request, but reminded Mr. Ragsdale that the Board originally approved up to $50,000 for the study. Mr. Ragsdale anticipates the RFP being released before Thanksgiving, having a pre-bid conference by December 10, and final response by the first week in January. Commissioner Duvall asked if the RFP would be sent to local vendors; Mr. Ragsdale noted there are 20 vendors on the distribution list and six are local. Mr. Ragsdale asked the Board if they wish the review team to be composed of the same members as the GIS Team; their answer was affirmative.

3. REQUEST FOR APPROVAL TO RESPOND TO THE DIVISION OF YOUTH SERVICES FOR THE "REQUEST FOR INFORMATION": Mr. Cooper stated that subsequent to the Governor's Special Session and the allocation of money to the Division of Youth Services for detention programs, the Division of Youth Services put out a request for information in an attempt to secure information from potential vendors concerning their interest in providing a facility and/or program services for delinquent youth detained by the State of Colorado. Mr. Nittmann prepared a draft response to the five questions in the RFI. Mr. Cooper stated there is short-term detention and long-term detention and the draft response is for the short-term detention. If we take State money, it will be a regional facility (Larimer, Morgan and Weld Counties). Much discussion followed. In summary, the State would be willing to construct the temporary facility, but the County would manage it and local control. CONSENSUS OF THE BOARD was to instruct Mr. Nittmann to proceed with the draft response to the "Request for Information".

Mr. Cooper also reported that the Juvenile Service Planning Committee has had some resignations, which were brought to Judge Sullivan's attention, along with some recommendations for replacement of the resignees. Chairman Hotchkiss will contact Judge Sullivan to discuss the recommendations and appointees.

 

4. REAPPOINTMENTS TO THE ESTES VALLEY PUBLIC LIBRARY DISTRICT:

M O T I O N

Commissioner Disney moved that the Board reappoint John Adams and Dennis McHenry to the Estes Valley Public Library District, both for 5-year terms ending December 31, 1998, as recommended by the Estes Park Board of Trustees.

Motion carried 3 - 0.

5. DISTRIBUTION OF SURPLUS PROPERTY: A request has been received from Bill Nelson, Emergency Operations, to donate some surplus radios to the Rist Canyon and Livermore Volunteer Fire Departments, according to Larimer County's Surplus Properties Policy.

M O T I O N

Commissioner Duvall moved that the Board donate some surplus radios to the Rist Canyon and Livermore Volunteer Fire Departments, as requested by Sgt. Bill Nelson.

Motion carried 3 - 0.

6. COMMISSIONER'S REPORTS:

-- Commissioner Duvall asked the Board if the meeting this afternoon with the Housing Authority Advisory Board should be canceled as Rena Mackrill, Director of Human Development, is ill and unable to attend; the Board agreed to cancel the meeting.

-- Commissioner Duvall reported that a meeting will be held in early December with the Colorado State University President's Community Relations Committee (Fort Collins, Inc., Chamber of Commerce, Poudre R1 School District, Front Range Community College, CSU, and Poudre Valley Hospital) to review legislative priorities. The Committee has requested that the Commissioners FAX them the County's legislative priorities for distribution to the various organizations involved. At this time, the County does not have a ready list of priorities available; Commissioner Duvall will work on this list and include land use as a top priority.

-- Commissioner Duvall asked if the Board of Adjustments is allowed to make recommendations to their Board when a member's term expires; Mike Fox has served on the Board of Adjustments for three terms and his term will be ending in January and the BOA has some recommendations for his replacement. Chairman Hotchkiss answered affirmative, the BOA can make recommendations to their Board.

7. DOCUMENT REVIEW: The following documents, of a routine nature, were considered by the Board:

M O T I O N

Commissioner Disney moved that the Board approve the Minutes for the week of November 8, 1993, and the Agenda for the week of November 22, 1993, as submitted.

Motion carried 3 - 0.

M O T I O N

Commissioner Disney moved that the Board approve the Owl Canyon Minor Residential Development No. 2 Plat.

Motion carried 3 - 0.

LIQUOR LICENSES: Licenses were issued for Cow Palace - 6% WITH EXTENDED HOURS - Fort Collins, CO; Verns Liquor - 6% - LaPorte, CO; and Schrader Country Store No. 440 - 3.2% - Fort Collins, CO. County Approval was granted to Red Feather Cafe & Bar - 6% - Red Feather Lake, CO; Red Feathers Carry Out - 6% - Red Feather, CO; and Mishawaka Inn - 6% - Bellvue, CO.

M O T I O N

Commissioner Disney moved that the Board approve the following documents:

A93-170 AGREEMENT CONCERNING ROAD IMPROVEMENTS ON

COUNTY ROAD 11 BETWEEN THE BOARD OF COUNTY

COMMISSIONERS AND WILLIAM R. AND MARIE W. STORRS

(Project #180)

A93-171 AGREEMENT FOR MAINTENANCE OF ACCESS ROAD BETWEEN

THE BOARD OF COUNTY COMMISSIONERS AND CONTINENTAL

NORTH SUBDIVISION OWNERS' ASSOCIATION

A93-172 SUBDIVISION IMPROVEMENT AGREEMENT BETWEEN THE

BOARD OF COUNTY COMMISSIONERS AND LIBCO, INC.

REGARDING BONNELL WEST PLANNED UNIT DEVELOPMENT

C93-59 UNITED STATES DEPARTMENT OF THE INTERIOR, BUREAU OF

RECLAMATION, EASTERN COLORADO PROJECTS OFFICE,

COLORADO-BIG THOMPSON PROJECT CONTRACT AND GRANT

OF EASEMENT BETWEEN THE BOARD OF COUNTY

COMMISSIONERS AND THE BUREAU OF RECLAMATION

C93-60 CONTRACT FOR REMOVING SNOW FROM THE STREETS OF

NAMAQUA HILLS GENERAL IMPROVEMENT DISTRICT NO. 8

BETWEEN HEARTLAND SERVICES, INC. OF LOVELAND AND

NAMAQUA HILLS GENERAL IMPROVEMENT DISTRICT NO. 8

R93-176z RESOLUTION ADOPTING THE "FLOOD INSURANCE STUDY FOR

THE LARIMER COUNTY, COLORADO UNINCORPORATED

AREA"

Motion carried 3 - 0.

The meeting adjourned at 10:45 a.m.

 

 

_____________________________________

COURTLYN W. HOTCHKISS, CHAIRMAN

BOARD OF COUNTY COMMISSIONERS

( S E A L )

ATTEST:

 

 

____________________________________

Sherry E. Graves, Deputy County Clerk