Elk in Rocky Mountain National Park
 

PROCEEDINGS OF THE BOARD OF COUNTY COMMISSIONERS

MONDAY, MAY 13, 1996

LAND-USE PLANNING MEETING

(#25 @ 600 - Side A)

The Board of County Commissioners met at 3:00 p.m. in regular session with Jerry White, Zoning Administrator. Chair Clarke presided and Commissioners Disney and Duvall were present. Also present were: Carol Evans, Planner I; Al Kadera, Subdivision Administrator; Rex Burns, Project Engineer; Doug Ryan, Environmental Health Planner; and Mike Abrams, Assistant County Attorney. Recording Clerk, S. Graves.

Mr. White requested the Board to table the Jones Minor Residential Development (#95-EX0778) until May 20, 1996.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners table the Jones Minor Residential Development (#95-EX0778) until May 20, 1996, as requested.

Motion carried 3 - 0.

Chair Clarke noted that the following is a consent item and will not be discussed in detail unless requested by the Commissioners or members of the audience.

1. GLACIER VIEW MEADOWS 12TH FILING, LOTS 102-103 AMENDED

PLAT (#96-SA0872): NW 36-09-72 IN GLACIER VIEW SUBDIVISION

12TH FILING; 5.34 ACRES; E-ESTATE ZONING

This is a request to consolidate two existing lots into one lot of 5.34 acres. The staff findings are: 1) Glacier View Meadows 12th Filing was approved in 1980; 2) A water system is planned for this area and all lot owners will be required to connect their dwellings to this system when it is available. A note concerning this requirement should appear on the amended plat; 3) The County Health and Engineering Departments, and all utilities serving this area reviewed the amended plat and stated no objections; 4) The utility easement along the common lot line will be vacated by this approval.

The staff recommendation is for approval of the Amended Plat of Lots 102 and 103, Glacier View Meadows 12th Filing, with the condition that a note be added to the Amended Plat to advise lot owners that they will be required to connect their dwelling to the community water system when it becomes available.

M O T I O N

Commissioner Duvall moved that the Board of County Commissioners adopt the staff findings and staff recommendation and approve Glacier View Meadows 12th Filing, Lots 102-103, Amended Plat.

Motion carried 3 - 0.

2. AUTO OUTLET OF FORT COLLINS REZONING (#95-ZN0739):

SE 11/4 35-08-69, ON THE WEST SIDE OF NORTH U.S. HIGHWAY

287 AT THE INTERSECTION OF STATE HIGHWAY 1, 1945 NORTH

COLLEGE, 1.4 ACRES; 1 LOT; O-OPEN EXISTING ZONING

This is a request for rezoning from a conditional C-Commercial for a produce sales facility to a conditional C-Commercial for an automobile sale facility, and a request for a waiver of the Urban Growth Area Phasing Criteria, which requires public sewer; the property is currently unused with an existing wood frame structure. Mr. White provided the background information and description of the request and reviewed the major issues and concerns; he noted that with regard to the UGA requirements, the phasing criteria are all met except that the property does not have public sewer. Mr. White submitted a photo simulation of the property to show what the property looks like now, what it would look like if there were no landscaping, and a simulation of what is possible with landscaping; Mr. White noted that staff is concerned about the appearance of the property as this is a gateway to the City. Staff findings are: 1) The proposal is consistent with the intent and purpose of the County Zoning Resolution, Comprehensive Land Use Plan, and the Intergovernmental Agreement with Fort Collins; 2) The proposal will result in improvements to the site; 3) The request will not affect the public health, safety, or welfare, 4) Fort Collins City Council has recommended approval of the UGA phasing criteria for public sewer; 5) Approval of the waiver request will not result in unplanned public expense, and is consistent with the land use plans and policies of Larimer County and Fort Collins; 6) Approval of the waiver may be given without substantial detriment to the intent and purposes of the Supplemental Regulations.

Richard Slater, one of the three applicants, described for the Board their plans for the property and noted that the gateway issue and appearance of the site is also important to them. Mr. Clark Mapes, Fort Collins City Planner, addressed the Board and submitted a three-page letter recommending that this request for rezoning be denied, even though they originally recommended approval; he reviewed the reasons for their recommendation for denial, as outlined in their letter of May 13, 1996. However, if this proposal is approval today, Mr. Mapes requested that the Board recommend that the site and landscape plans be sent back through the review process to devise a more acceptable site plan to address their concerns and to be consistent with the standards that apply to the North College corridor. Mr. Mapes noted that the City of Fort Collins originally recommended approval of this proposal only because they considered the sewer waiver as an isolated technical issue and did not realize it was combined with the rezoning and car lot proposal; he apologized for the misunderstanding. Nelson Lunley, intended operator of the car lot, informed the Board that they will not be doing mechanic work or washing cars on this property. Much discussion followed and condition #12, as listed below, was amended.

The Staff/Urban Growth Area Review Board recommendation is for: 1) Approval of the waiver to the phasing criteria in the Intergovernmental Agreement, pertaining to public sewer, with the following condition: 1) Current and future owners agree to connect to public sewer when it is within 400 feet of the property and to participate in any improvement district which might be formed to provide public sewer to the property; and 2) Approval of the proposed rezoning with the following amended conditions: 1) Except as otherwise required by the following conditions, all development and use shall be consistent with Zoning File Exhibit A (Application for Rezoning dated December 19, 1995, all written correspondence from applicant, and revised landscape/development plan dated March 8, 1996); 2) If development is not commenced within three years of approval, the County may reconsider the project, and apply new conditions or return the site to its original zoning classification; 3) There shall be no "attention grabbing" devices, such as banners, oversized flags, spotlights, etc.; 4) No garish colors shall be used on the office building; 5) No inoperable vehicles shall be retained on the site; 6) Lighting and signage shall be limited to that shown on the applicant's development plan; 7) Fencing, access improvements, and paved parking shall be in place before issuance of a Certificate of Occupancy; 8) Applicant must comply with all requirements of the Colorado Department of Highways regarding access and drainage; 9) Within 30 days of final approval, applicant shall provide the following: Signed deed of dedication for the right-of-way requested by the Colorado Department of Transportation, survey plat for recording, and signed annexation agreement; 10) Present and future owners agree to participate in any organized effort to upgrade fire protection facilities which would benefit this site; 11) Applicant agrees to the following: a) No additional building will be proposed until public sewer is available; b) Car detailing and maintenance operations will not be performed on the site; c) No automotive chemicals (oil, gasoline, antifreeze, etc.) will be stored on site; d) Restrooms in the office will be used only by employees and customers; 12) The landscaping plan shall be revised to reflect the intent of the design standards and guidelines in the North College Avenue Corridor Plan; the final landscape plan shall be approved by County Planning after review and recommendation by the Fort Collins Planning Department.

M O T I O N

Commissioner Duvall moved that the Board of County Commissioners refer this proposal back to the Urban Growth Area Review Board for their review of the new information presented today and return to the Board of Commissioners with a recommendation.

Motion failed 1 - 2; Chair Clarke and Commissioner Disney dissenting.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners adopt the staff findings and Staff/Urban Growth Area Review Board recommendations and approve the Auto Outlet of Fort Collins Rezoning (#95-ZN0739), with the conditions as amended.

Motion carried 2 - 1; Commissioner Duvall dissenting.

3. FRANK MINOR RESIDENTIAL DEVELOPMENT APPEAL (#96-EX0869)

23-05-68, ON THE NORTH SIDE OF COUNTY ROAD 18, ONE MILE

EAST OF INTERSTATE 25; 2.69 ACRES; FA-FARMING ZONING

This is a request for an appeal to allow submittal and processing of a MRD on a parcel that does not have the same legal description or has been divided since May 5, 1972; applicants are intending to divide 2.69 acres from about 38 acres. Ms. Evans provided the area description and appeal request and reviewed the major issues and concerns; she noted that while doing research on this property, she found that there have been several splits off the subject property and that an illegal split has occurred. Staff findings include: 1) The MRD process was amended in February of 1993 to limit the types of parcels that are eligible to be divided without going through the full subdivision process; 2) The full subdivision process is available to divide parcels that are not eligible for consideration under the MRD process. A subdivision request on this property would be reviewed by the Larimer County Planning Commission prior to hearing with the County Commissioners; 3) The applicant is an owner of the other property adjacent to the land that is the subject of this appeal; that adjacent property was illegally split in 1993. It would be best to consider the proposed lot division and attempt to correct the illegal split of the adjacent property by evaluating such a proposal through the full subdivision process; 4) There is no evidence that this property contains any unique features or circumstances which would justify the waiver of the MRD criteria. The staff recommendation is for denial of the Frank MRD appeal.

Elvera Frank, applicant, addressed the Board and stated that she recently found the application for an exemption from the Larimer County Subdivision regulations which they had prepared in 1979 for the 2.6 acres; she noted she had signed the application, but did not know she was to return it to the County. Ms. Frank informed the Board that the trailer on the property was placed there for hired help. Rob Purell stated that the request to split off the 2.69 acres has come about because a neighbor is interested in acquiring the remainder of the property and the applicants want to retain the 2.6 acres for their own use. Ms. Frank stated that they were not aware that the 1993 quit-claim deed created an illegal split and she indicated that they could re-combine the two illegal parcels. Ms. Evans informed the Board that this proposal, if approved, would eliminate the illegal split on this property and the result would be a two-lot division of the property rather than a four-lot division.

At this time the public comment portion of the hearing was closed and opened for Commissioner's remarks; Commissioner Duvall stated that she appreciates Ms. Frank coming before the Board to try and solve the complex land-division situation which exists on this property, but the problem is that this property has already been divided into 35 acres and County policy dictates that 35 acres parcels should not be redivided through the MRD process but should go through the subdivision process. Commissioner Duvall stated that unless there is public benefit or unique circumstances to allow an exemption, it is not fair to the public at large to vote against County policy. The Board discussed tabling this matter; much discussion followed.

M O T I O N

Commissioner Duvall moved that the Board of County Commissioners adopt the staff findings and staff recommendation and deny the Frank Minor Residential Development Appeal (#96-EX0869).

Motion carried 3 - 0.

The meeting adjourned at 4:10 p.m.

WEDNESDAY, MAY 15, 1996

ADMINISTRATIVE MATTERS

(#29)

The Board of County Commissioners met at 1:30 p.m. in regular session with Neil Gluckman, Assistant County Manager. Chair Clarke presided; Commissioners Disney and Duvall were present. Also present were: Rex Smith, Director of Public Works; Ralph Jacobs, Director of Human Resources; Laurie Klith, Sheriff's Public Information Officer; Russ Ragsdale, Clerk and Recorder Chief Deputy; Jim Stokes, Director of Information Management; Joan Duchene, Commissioner's Office Supervisor; and Donna Hart, Community Information Manager. Recording Clerk, S. Graves.

1. FUNDING FOR PAVING OF COUNTY ROAD 9: Mr. Smith informed the Board he received a call from Western Mobile asking the County to participate in the cost of paving CR 9 between Drake and Horsetooth; he noted that the City of Fort Collins has agreed to a $20,000 participation in the cost of paving and the County is being asked to also contribute $20,000. Mr. Smith recommended this participation because a mile of county road will be paved for $20,000, it will eliminate the cost of annual maintenance on this road, and it is an opportunity for the County to enter into a public/private partnership.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners authorize the funding of $20,000 to participate in the paving of County Road 9 between Horsetooth and Drake; funds to be derived from the Road and Bridge budget.

Motion carried 3 - 0.

Mr. Smith asked the Board when they would like to meet with him to review and initially approve the Road and Bridge four-year plan; after discussion, it was decided to review the four-year plan during Administrative Matters next week.

2. EXCEPTION TO POLICY FOR TRANSFER OF EMPLOYEE TO COMMUNITIES IN SCHOOLS (CIS): Mr. Jacobs requested the Board to waive the provisions of the Larimer County Personnel Policy Manual governing the posting of positions in order to transfer Taimi Kuiva from the Health Department to the Sheriff's Department without posting the position Mr. Jacobs noted that this action will provide continuity to the Communities in Schools program as Ms. Kuiva has been a Health Educator in this program for the past two years; the funding for the position in the Health Department is about to expire and the Sheriff's Department has agreed to house the position and will receive funds from the Communities in Schools Board to pay the salary and benefits for this position.

M O T I O N

Commissioner Duvall moved that the Board of County Commissioners waive the provisions of the Larimer County Personnel Policy Manual governing the posting of positions in order to transfer Taimi Kuiva from the Health Department to the Sheriff's Department without posting the vacancy in the Sheriff's Department for competitive application and to approve the creation of a limited term Program Specialist II position in the Sheriff's Department to be funded by Communities in Schools funds.

Motion carried 3 - 0.

3. GEOGRAPHICAL INFORMATION SYSTEM (GIS) POSITION: Mr. Ragsdale informed the Board that the interview process has been completed for the GIS Administrator position and a top candidate has been selected; he noted that the posting of the position was in a salary range of $45,000 to $50,000 and this candidate has asked if the salary could be increased by 10% to $55,000. Mr. Ragsdale asked the Board what latitude he has to negotiate a salary with this top candidate; Mr. Stokes noted that there are three qualified candidates but this candidate used to work for the City of Fort Collins, knows the territory and the players, and knows what needs to be done in Larimer County and they would like to hire him. Commissioner Disney added that this candidate shares the vision that GIS should move into the non-profit consortium.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners authorize a salary expenditure of up to $55,000 to hire the GIS Coordinator, as recommended by Mr. Ragsdale and Mr. Stokes.

Motion carried 3 - 0.

4. WORKSESSION:

-- Use of Compressed Natural Gas Vehicle: Mr. Gluckman stated that Public Service Company has offered a compressed natural gas vehicle for the Board to try for three days next week if they are interested; the Commissioners indicated their interest and each will experience driving it for one day.

-- Board of Adjustment Interviews: Ms. Duchene informed the Commissioners that the Board of Adjustment will not have a quorum for their meeting next week unless a new member is appointed; she asked the Board if she can schedule interviews before next Wednesday and which Commissioner will conduct the interviews. Ms. Duchene noted there are five applicants, including the one member requesting re-appointment. Commissioner Duvall indicated she will conduct the interviews and will work with Ms. Hart to schedule them before next Wednesday.

-- Request for Direction to Re-Advertise for Boards: Ms. Duchene informed the Commissioners that some of the Boards did not receive many applications and she asked them if they want her to re-advertise; the Commissioners instructed Ms. Duchene to re-advertise for those Boards not receiving enough applications.

-- Executive Appraisals: Mr. Gluckman requested direction from the Board regarding completion of the composite forms the Board fills out after each performance appraisal; Mr. Gluckman will meet with Chair Clarke to discuss procedure for completing the forms.

-- Health and Human Service Director Applicant Interviews: Mr. Gluckman informed the Board that the Community Group and Management Team will be interviewing the Health and Human Service Director applicants tomorrow and then the top five applicants will be interviewed by the Commissioners in two weeks.

-- Thank You to the Board: Mr. Gluckman thanked the Board for the good job they did with the Partnership Summit held in Estes Park last week. Commissioner Duvall stated she would like to send out a FAX listing all the partners attending the summit with their phone and FAX numbers; Mr. Gluckman stated he is working on a thank you from the Board to all the partners and he will enclose the list with the thank you.

-- Invitations: Ms. Hart reviewed the pending invitations with the Board and they indicated to her which events they could attend.

5. DOCUMENT REVIEW:

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the Minutes for the week of May 6, 1996, as submitted and amended.

Motion carried 3 - 0.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the Schedule for the week of May 20, 1996, as submitted and amended.

Motion carried 3 - 0.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve Petitions for Abatement and Refund of Taxes for the following, as recommended by the County Assessor Steve Miller: Robert A. & Phyllis J. Loomis; Borden Building Company, Inc.; Mary & Virgil Laing; Dana & Louise Burgess; George H. Coxey; Emil & Eleanor Olander; and Datalab Management of Fort Collins.

Motion carried 3 - 0.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the following documents, as listed on the Consent Agenda for May 15, 1996:

MISCELLANEOUS DOCUMENTS: West Hiawatha Heights Plat; Administrative Operating Procedure 304.2A for Electronic Mail; and the Larimer County Job Training Plan PY '96-'97. LIQUOR LICENSES: Licenses were issued to: The Inn at Glen Haven - 6% WITH EXTENDED HOURS - Glen Haven, CO.; Spring Canyon Inn - 6% WITH EXTENDED HOURS - Fort Collins, CO.; and CSU Concessions - 3.2% - Fort Collins, CO.

A96-70 SYSTEM AND SERVICES AGREEMENT BETWEEN THE BOARD

OF COUNTY COMMISSIONERS AND COLORADO CUSTOMWARE,

INC. (Provision of Computer Software, Hardware, and Services for

Use by the County Assessor in Appraising Properties)

A96-71 AGREEMENT CONCERNING ROAD IMPROVEMENTS ON

COUNTY ROAD 30 BETWEEN THE BOARD OF COUNTY

COMMISSIONERS AND TERRY L. AND CHRYSTAL L.

CORMAN (Project #181)

D96-15 DEED OF DEDICATION BY RICHARD AND MATILDA A.

MAXWELL (Dedication of Property for Public Highway - Project #181)

R96-84s FINDINGS AND RESOLUTION DENYING THE LAMPERT MINOR

RESIDENTIAL DEVELOPMENT APPEAL

R96-85g RESOLUTION CONCERNING THE MODIFICATION OF THE

MILEAGE RATE FOR COUNTY OFFICIALS, EMPLOYEES

AND AGENTS ON OFFICIAL COUNTY BUSINESS

Motion carried 3 - 0.

6. LEGAL MATTERS:

At this time County Attorney George Hass, Assistant County Attorney Jeannine Haag, and Richael Michels, Planner I, joined the meeting for Legal Matters.

1. Discussion of Fee Arrangement for 35-Acre Task Force Representation: Mr. Hass discussed with the Board the fee arrangement for being legal representative for the 35 acre Task Force and if the fee should be taken out of the PLUS budget; it was noted there is $35,000 budgeted for PLUS and through April $4,438 has been spent. Chair Clarke suggested asking the Planning Department to analyze what they anticipate the expenses for PLUS will be for the year.

2. Discussion of IGA with School District for Increasing School Fees: Ms. Haag requested direction from the Board regarding an IGA with the School Districts concerning an increase in fees; she stated that the County has authority under Statute and under the subdivision regulations to raise the fees--it is an administrative process and a public hearing does not need to be held. Ms. Haag noted that school fees can be raised without an IGA; much discussion followed.

3. Discussion of Mental Health Center Privatization: Commissioner Duvall stated she talked to the Chair of the Mental Health Advisory Board and he stated they are getting mixed messages regarding whether or not it is legally feasible for the Mental Health Center to privatize; Mr. Hass will discuss the legality of this matter with Dr. Olson, Director of the Mental Health Center.

4. Discussion of Hogback west of Trilby Road: Subsequent to a memo received from the Board regarding the vacation of the road on the hogback at the west extension of Trilby Road, Mr. Hass informed the Board there is nothing that can be done to rectify the situation. Commissioner Duvall informed Mr. Hass that a verbal agreement was made between the Board and the property owners requesting the vacation of the road because they wanted to protect the beauty of the foothills and then they went in and chopped up the hillside--they broke the agreement. Mr. Hass stated that we vacated the road in good faith; however, he will write a letter to the property owners regarding this situation.

7. FACILITIES UPDATE/EXECUTIVE SESSION:

M O T I O N

Commissioner Disney moved that the Board of County Commissioners go into Executive Session at 2:50 p.m. to discuss facilities and land acquisition.

Motion carried 3 - 0.

The Board came out of Executive Session at 3:25 p.m.; no action taken.

MEETING WITH DEAN SMITH

BOXELDER SANITATION DISTRICT GENERAL MANAGER

(#30)

The Board of County Commissioners reconvened at 5:00 p.m. in regular session with Dean Smith, Boxelder Sanitation District General Manager. Chair Clarke presided; Commissioners Disney and Duvall were present. Also present were: Ed Schemm, Assistant Director Field Environmental Health Services; Jerry White, Zoning Administrator; and Dave Dubois, Manager North Front Range Water Quality Association. Recording Clerk, S. Graves.

Subsequent to the Boxelder Sanitation District submitting a request to the North Front Range Water Quality Planning Association to increase their service area boundary and sending a letter regarding this increase to the Commissioners asking for their comments, this meeting was called to discuss this request. Commissioner Duvall indicated her concern regarding the land-use implications when the service area is extended east of I-25 and she expressed a desire to work with Mr. Smith in partnership rather than the District leading the way in land use. Mr. Smith stated he is only responding to requests for service, and assured the Board he is not in the land-use business. Much discussion followed; Commissioner Duvall thinks the Commissioners and the District should be partners for orderly growth; she suggested it would be more economical for the District if they would extend their lines to the areas where the community wants growth extended. The Commissioners requested that Mr. Smith work with the Partnership Land Use System (PLUS) which is being developed for the County and not submit his request to extend his service boundary until PLUS is completed, which could be as soon as September of this year. Chair Clarke told Mr. Smith that he is needed as a partner in PLUS because the District's service will be needed in the areas where clustering is allowed. Mr. Schemm also suggested waiting until the Poudre River Basin Wastewater Project is completed as those consultants will be looking at the County's land-use plan to determine service area boundaries.

Mr. Dubois noted that the decision whether or not to expand this area is to be decided tomorrow night by the North Front Range Water Quality Board and he invited the Board to attend their meeting at the Northern Colorado Water District Office at 7 p.m.. The Board again asked Mr. Smith to withdraw his request for expansion of the Boxelder Sanitation District's service area until PLUS is completed.

The meeting adjourned at 6:20 p.m.

THURSDAY, MAY 16, 1996

LIQUOR LICENSE HEARING FOR BEST WESTERN COACH HOUSE

(#31)

The Board of County Commissioners met at 3:00 p.m. for a Liquor License Hearing to consider an application for a Change in Type of License from Hotel Restaurant to Tavern for the Best Western Coach House of Loveland. Chair Clarke presided and Commissioner Duvall was present; Commissioner Disney was absent. Also present was County Attorney George Hass. Recording Clerk, S. Graves.

Following a review of the contents of the application file by Mr. Hass, applicant Walter Gates was sworn in and questioned. Mr. Gates made a presentation concerning the application, including clarifications required during the review of the file. For the record, Mr. Hass noted that there was no one present for today's hearing to oppose the granting of this change in type of license application.

This matter coming on to be heard this 16th day of May, 1996 of an application for a change in type of license from Hotel and Restaurant to Tavern from Walter H., Mary E. Gates, and Jerry K. Gates, dba Best Western Coach House of Loveland, and the 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 change in type of license should be granted. Therefore, it is ordered that a Colorado 6% Tavern License be granted to the Best Western Coach House of Loveland, located at 5542 East U.S. Highway 34 in Loveland, Co. 80537.

M O T I O N

Commissioner Duvall moved that the Board of County Commissioners approve the application for a change in type of license from Hotel & Restaurant to Tavern for the Best Western Coach House at the location of 5542 East U.S. Highway 34 in Loveland, Colorado in the County of Larimer, and allow this license to be granted.

Motion carried 2 - 0.

The hearing adjourned at 3:20 p.m.

______________________________________

JOHN CLARKE, CHAIR

BOARD OF COUNTY COMMISSIONERS

( SEAL )

ATTEST:

____________________________________

Sherry E. Graves, Deputy County Clerk

Background Image: Rocky Mountain National Park by Sue Burke. All rights reserved.