Loveland Bike Trail
 

PROCEEDINGS OF THE BOARD OF COUNTY COMMISSIONERS

MONDAY, SEPTEMBER 23, 1996

LAND-USE PLANNING MEETING

(#90)

The Board of County Commissioners met at 3:00 p.m. in regular session with Larry Timm, Director of Planning. Chair Pro-Tem Duvall presided and Commissioner Disney was present; Chair Clarke had a prior commitment. Also present were: Al Kadera, Subdivision Administrator; Russ Legg, Chief Planner; John Pedas, Zoning Code Enforcement Officer; Rex Burns, Project Engineer; and Jeannine Haag, Assistant County Attorney. Recording Clerk, S. Graves.

Chair Clarke stated that the following are consent items and will not be discussed in detail unless requested by the Commissioners or members of the audience.

1. GREELEY-BOULDER COLONY LOT 28 AMENDED PLAT (#96-SA0930):

34-05-73 - WEST OF ESTES PARK ON SPUR 66; 1 ACRE; T-TOURIST

ZONING

This is a request to reconfigure two existing lots. Staff findings include: 1) Greeley-Boulder Colony Subdivision was platted in 1917; 2) Lot 28 was legally divided in 1961; the proposed Amended Plat will reconfigure the two existing legal lots making the smaller lot larger; 3) Each lot is occupied by a single family dwelling; the Amended Plat will not create any new building sites. The Amended Plat also dedicates utility and access easements which did not appear on the original plat; 4) The County Health and Engineering Departments, and all utilities serving this area, reviewed the proposed Amended Plat and stated no objections. The staff recommendation is for approval of the Amended Plat of Lot 28, Greeley-Boulder Colony Subdivision.

2. ROCKVIEW PLANNED UNIT DEVELOPMENT RELEASE OF

COLLATERAL (#94-MS0575): 33-07-69 - SOUTH SIDE OF COUNTY

ROAD 38E, 3/4 MILE WEST OF COUNTY ROAD 19 (TAFT HILL ROAD)

This is a request for approval of release of collateral for Rockview Planned Unit Development. Staff recommendation is for approval of the request to release the collateral for Rockview PUD, with the condition that warranty collateral be provided and a final approval letter is received from Public Works.

3. OWASSA LAKE LOT 37, BLOCK 28 AMENDED PLAT (#96-SA0936):

27-10-73 IN RED FEATHER LAKES; 2.29 ACRES; O-OPEN ZONING

This is a request to combine an existing subdivision lot with an adjacent metes and bounds parcel, resulting in one building site. Staff findings include: 1) The unplatted area of this request is between Owassa Lakes Subdivision and Letitia Lake Subdivision. Both subdivisions were platted between 1927-1928 and consist of many small lots; 2) The applicant's lot was created by deed on November 23, 1976 without the benefit of County review and approval; 3) The applicant purchased the lot in 1995 without the knowledge that it had been created illegally; 4) The proposed Amended Plat would combine a small buildable lot with a larger unbuildable lot to create a single large building site; the proposal would not create any additional building sites; 5) The lot created by the Amended Plat would be compatible with surrounding residential development in the subdivision and would not affect property values; 6) The proposed Amended Plat is in accordance with the Larimer County Subdivision Resolution; 7) Approval of the plat would not affect existing utilities; only one on-lot well and one on-lot septic will be used.

The staff recommendation is for approval of the proposed Amended Plat of Lot 37, Block 28 in Owassa Lake Subdivision, provided that utility easements of 20 feet in width on both sides of any existing utility facility, whether underground or overhead, be shown on the plat prior to recording.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners adopt the staff findings and staff recommendations and approve the Greeley-Boulder Colony Lot 28 Amended Plat (#96-SA0930); Rockview Planned Unit Development Release of Collateral (#94-MS0575); and the Owassa Lake Lot 37, Block 28 Amended Plat (#96-SA0936); each, as described above.

Motion carried 2 - 0.

4. BANKS TRAVEL TRAILER ZONING VIOLATION (#96-ZV0901):

18-08-69 - 47 RUTTERS DRIVE IN LAPORTE; O-OPEN ZONING

This alleged violation is for providing parking spaces for three or more travel trailers used as dwellings for transient workers. Mr. Pedas submitted an aerial photo of the property and other photos of the site taken in August and September, provided the background information on this alleged violation, and reviewed the major concerns and issues; he noted that one trailer was removed last week. Staff findings are: 1) The subject property is zoned O-Open District; 2) Travel trailer parks require Special Review approval in the O-Open District; 3) The use of the property for temporary construction workers housing in the form of travel trailers is inconsistent with the developing character of the neighborhood; 4) The use of the property as a travel trailer park impairs the public health and safety, creates traffic congestion and other adverse environmental influences in the area; 5) Continued use of the property inconsistent with zoning restrictions may affect property values in the neighborhood. The staff recommendation is to find that a violation exists, require compliance immediately, and authorize legal action if the compliance deadline is not met.

Kurt Banks, property owner, submitted a packet of information to the Board which included background and factural information, contained pictures of his property, and also adjacent properties which he considers to be in violation if he is found in violation. Mr. Banks stated he is going through a turbulent divorce and he had two friends stay at his residence to keep him company and take care of his place when he is working. Mr. Banks noted that the person who caused the disruptive activities and the need for law enforcement mediation has left the premises and the two travel trailers remaining should be gone by Christmas; he stated that there are fewer people now on the property than when his family was there. Discussion and questions from the Board followed.

The following persons addressed the Board with their concerns: Audrey Lynn Stockton, Janet Sidas, Phil Carpenter, Al Shaver, Debbie Morgan. The concerns raised were regarding noise, parties, fights, a pit bull running loose in the neighborhood, damage to the road, safety for the children with the 4-wheel drive recreational vehicles racing up the drive, precedent setting, etc. Mr. Banks stated he agrees with everything said; he noted he pro-rodeos all over the country all summer and all the parties and craziness happened when he was gone and he apologized to everyone.

At this time the public portion of the hearing was closed and opened for Commissioner's comments: Commissioner Disney stated he agrees with the recommendation of staff and he read aloud a portion of the definition of a zoning violation from the Comprehensive Zoning Resolution and noted that this is clearly a violation because it has not undergone a special review to allow this use. Chair Pro-Tem Duvall stated she is concerned about a precedent being set in the area if this is allowed; she stated she understands Mr. Banks has been going through a difficult time, but it is in the best interest of the neighborhood and for the future that the trailers be removed.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners find that, in the matter of the Banks Travel Trailer Violation, a violation exists, require compliance immediately, and authorize legal action if the compliance deadline is not met.

Motion carried 2 - 0.

Mr. Banks asked for a definition of "immediately", stating that his friends work late tonight and go to work very early tomorrow morning; the Board requested Mr. Pedas to work with Mr. Banks to define "immediately" within reason.

5. EDWARDS ZONING VIOLATION (#96-ZV0810): 32-08-69 -

2612 NORTH OVERLAND TRAIL; O-OPEN ZONING

This alleged violation is for harboring five or more horses on one acre. Mr. Pedas submitted photos of the site taken at different times, copies of documents from the Larimer County Building Department, provided the background information regarding the alleged violation, and reviewed the major issues and concerns. Staff findings include: 1) The subject property is zoned O-Open District; 2) The O-Open District allows horses not to exceed one per 1/2 acre; 3) The subject property is one acre in size; 4) The use of the property is incompatible with the residential character of the area; 5) The use of the property may affect human health and safety; 6) Continued use of the property, inconsistent with the zoning restrictions, will affect property values in the neighborhood. The staff recommendation is to find that a violation exists, require compliance within 30 days, and authorize legal action if the deadline is not met.

Roy Edwards, occupant of the property, submitted recent pictures taken of the property and stated that at the time the complaint about the manure was filed, there was a pile of manure on the south side of the property and he was asked by the Health Department to remove it and he has done that; he noted that there is a pile of fill dirt there now which he brought in to replace the manure he hauls off. Mr. Edwards stated he has lived there almost 9 1/2 years and only this last year did he have a complaint; he noted that to the north of him is a horse boarding business with up to 30 horses, the neighbor behind has pigs, and on the other side there are up to 30 or 40 sheep and cattle. Mr. Edwards continued that the only neighbor that has complained about the manure pile is to the south and she has no problem now. Mr. Edwards stated that the lease on the place allows him to have five horses, he keeps the place clean and, if he is in violation, then everybody around him also is in violation. Commissioner Disney showed Mr. Edwards a copy of the Larimer County Building Permit dated November, 1995, signed by Mr. Edwards, which states that the maximum number of horses allowed on the property is two. Commissioner Disney asked Mr. Edwards how many horses he has on the property now; Mr. Edwards responded five. Ronald Shaw, owner of the residential management company that manages this property for the owners in California, acknowledged that the lease does provide that there can be a maximum of five horses on the property; however, the lease in the second clause of Page 1 states that the leasee must be in compliance with all laws and regulations promulgated by the various community requirements. Therefore, Mr. Shaw stated that the lease is not an "Out" for Mr. Edwards because they wish to conform to local requirements; in defense of Mr. Edwards, Mr. Shaw stated that he did move the pile of manure as quickly as possible when asked to do so. Debbie Morgan, who lives directly across the street from the subject property, stated that the horses are a problem and if it rains, the stench from the urine is unbearable; she continued that there is no grass left on the property and it looks like a feedlot and she believes that the problem has to do with the number of horses and dogs on the property. Discussion and questions from the Board followed. Audrey Lynn-Stockton stated she drives by the property and she questions what some of the piles are and she noted that the complaints have been going on much longer than stated. Mr. Edwards responded that he has contacted the Humane Society to reassure himself that everything was OK and they have never found him in violation.

At this time the public comment portion of the hearing was closed and opened for Commissioner's comments: Commissioner Disney stated that ignorance of the law is no defense and since we have a building permit signed by Mr. Edwards acknowledging that the maximum number of horses allowed on this proper as two, the law is pretty clear. Chair Pro-Tem Duvall stated that she has problems with "one size fits all" laws and that management practices more accurately reflect whether a situation should be considered a violation; however, the law is based on numbers and acreages and if there is a complaint, sometimes there is a problem with management practices. Mr. Edwards requested an opportunity to address the Board again.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners re-open the public hearing to receive additional comments from Mr. Edwards.

Motion carried 2 - 0.

Mr. Edwards asked if the original complaint wasn't just for the manure pile and not the number of horses; Mr. Pedas responded that the complaint is two-fold, as the size of the manure pile and the rate the material is being generated corresponds to the number of horses on the property.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners find, in the matter of the Edwards Horse Violation, that a violation exists, require compliance within 30 days, and authorize legal action if the deadline is not met.

AMENDMENT TO THE MOTION

Chair Pro-Tem Duvall proposed a friendly amendment that the Board allow Mr. Edwards more than 30 days to come into compliance, as it might be difficult to relocate these horses; Commissioner Disney accepted the friendly amendment and revised the motion to require compliance within 90 days.

Motion carried 2 - 0.

The meeting adjourned at 4:05 p.m.

TUESDAY, SEPTEMBER 24, 1996

ADMINISTRATIVE MATTERS

(#91)

The Board of County Commissioners met at 9:00 a.m. in regular session with Neil Gluckman, Assistant County Manager. Chair Clarke presided and Commissioner Duvall was present; Commissioner Disney is in Washington D.C. this week meeting with congressional representatives to address rail feasibility funding issues. Also present were: Rex Burns, Project Engineer; Elizabeth Lowes, Secretary-Treasurer LETA Board; K-Lynn Cameron, Open Lands Manager; Doug Keasling, Director of Social Services; Joni Friedman, Director of Employment & Training Services; Frank Lancaster, County Manager; and Donna Hart, Community Information Manager. Recording Clerk, S. Graves.

1. OPEN SESSION FOR PUBLIC COMMENT: The following two persons addressed the Board during the open session for public comment: Susan McGinley and L. D. Newman. Ms. McGinley discussed a drainage issue at Crystal View and Crown Point - two subdivisions off of Horseshoe Lake; she noted that the two subdivisions have been in for two to three years and the drainage basin has never been brought up to the engineer's specs and the erosion is really bad. Ms. McGinley continued that the ground has never been seeded and is getting so saturated and people have had water in their basements; she noted it was never designed to drain the water and the water just sets there and really stinks and breeds mosquitoes. Mr. Burns stated he agrees with almost everything Ms. McGinley said and he stated that this whole situation has not been helped because the Vista View Development is failing and they have failed to put in the erosion control that is part of their plan; he noted that they would like to work with the City of Loveland, in the same way they are working with the City of Fort Collins, to form a cooperative storm water utility. Discussion and questions from the Board followed; Chair Clarke asked Mr. Burns what can be done short term to help with this drainage problem; Mr. Burns responded that they can stabilize the channel to eliminate the muddy conditions to give greater capacity in the channel. Commissioner Duvall stated that what is needed is for the County to develop a policy, and she suggested Mr. Burns help draft it, so the county doesn't continue to allow these things to occur as the Board needs to stop allowing development in hazardous and potentially problematic areas and the county needs a mechanism to follow up on conditions to make sure conditons imposed on the developer are followed. Ms. McGinley stated they have talked to the developer and he is not going to do anything unless Mr. Burns tells him to; Mr. Burns responded that this area is off to the side of the subdivision and not included in the development agreement. Ms. McGinley stated that the Board needs to do a better job of communication to let the people out in the County know what is going on.

Mr. L. D. Newman, who lives in Troutwood Ranch near Waverly, stated that the people in his area are upset with the Commissioners because everytime something new is suggested, invariably a citizen's advisory group is formed and then a new planner or consultant is hired and assigned to the project and paid anywhere from $250,000 and up with taxpayer's money; he stated that he and the people in his area are concerned that money is going for consultants and not for other important things, like the Sheriff's Department for safety, and these consultants are hired to advise the advisory groups to advise the Board. Mr. Newman asked where do these consultants come from? Chair Clarke responded that when the Board thinks there is a need for expertise and help outside the ability of staff, they go out to bid with requests for proposals, conduct interviews, and then decide who is best; he noted that some things are too technical and too specific for staff to either have time or expertise to work on. Mr. Newman accepted the explanation and he suggested that the Board should offer a public explanation why an advisory board or consultant is needed and hired and this would prevent many people from being upset with what is going on in the County because they don't know the facts. Commissioner Duvall thanked Mr. Newman for coming to the Board to request an explanation.

2. RESOLUTION RATIFYING AND AFFIRMING A TELEPHONE EXCHANGE ACCESS FACILITY CHARGE FOR THE LARIMER EMERGENCY TELEPHONE AUTHORITY: Ms. Lowes reviewed the background information of the Larimer Emergency Telephone Authority (LETA), noting that the LETA Board was formed in 1991 and Enhanced 911 in 1993 and they have been maintaining the system since then. However, Ms. Lowes stated that with the change in technology, they need to replace the system in all five dispatch centers within 18 months; she noted that they don't anticipate lowering the surcharge, but they also don't have any intention of increasing the surcharge.

M O T I O N

Commissioner Duvall moved that the Board of County Commissioners approve a resolution ratifying and affirming a telephone exchange access facility charge for the Larimer Emergency Telephone Authority, pursuant to an intergovernmental agreement dated November 14, 1990, and authorize the Chair to sign same.

Motion carried 2 - 0

R96-146g RESOLUTION RATIFYING AND AFFIRMING A TELEPHONE

EXCHANGE ACCESS FACILITY CHARGE FOR THE LARIMER

EMERGENCY TELEPHONE AUTHORITY PURSUANT TO AN

INTERGOVERNMENTAL AGREEMENT DATED NOVEMBER 14,

1990.

3. STUDY OF BIG THOMPSON CORRIDOR: Chair Clarke stated he received a call from the Mayor of Loveland Treva Edwards and she requested the Board support them with a study in the Big Thompson Corridor; he informed her it would not be possible to lend financial support, but she stated that symbolic support would be satisfactory. The Board requested input from Ms. Cameron regarding this study; Ms. K-Lynn noted that the City of Loveland has gone through a review process, put out a request for proposals, and have selected the firm of EDAW to do the study. Ms. Cameron continued that the Loveland City Council has not yet decided to go forward with this study and, if they do, they want the County to be involved; Ms. K-Lynn noted that if they do proceed with the study, she will be involved on the technical team working on the project. Ms. Cameron stated that one concern she has regarding this study is that they want the County to spend some Open Lands money to help pay for the cost of this study, and that is allowed in the ballot language, but she wants to make sure this plan is not just another plan to plan to plan. Ms. Cameron stated that tomorrow they have a meeting, which she will attend, with the consultant to revise the scope of work and she wants to be assured that this study will lead to some action steps where we are actually protecting the land. The Board supported Ms. Cameron attending the meeting and then requested she report back to them with a recommendation and they will consider sending a letter of support at that time.

4. EMPLOYMENT AND TRAINING SERVICES - SOCIAL SERVICES AGREEMENT: Ms. Friedman stated that they are ready to begin their consolidation effort but before they started they wanted to present the Purchase of Service Agreement to the Board; this agreement is between the Larimer County Department of Social Services and Larimer County Employment and Training Services. Ms. Friedman stated that the purpose of the agreement is to provide employment services that will divert individuals from receiving other LCDSS services or remove them from those services as quickly as possible; she noted that they are hoping to start October 1, 1996. The Board commended the efforts of Ms. Friedman and Mr. Keasling and everyone else who worked on this consolidation and agreement; the Board will write a letter of thanks to staff and the Task Force who have worked hard on this consolidation and also will attend their party if one is held to celebrate. The Board authorized Mr. Keasling and Ms. Friedman to proceed with the consolidation efforts as outlined.

5. SHERIFF'S DEPUTIES SALARIES: Mr. Lancaster provided an update on the increase in salaries for the Sheriff's Deputies; he noted he informed the Sheriff yesterday of the Board's decision and he was pleased. For the record, Mr. Lancaster noted that the decision made was to raise the salaries of the Sheriff's deputies and dispatchers up to the 40th percentile of the Longmont Survey, and the rest of the county employees up to the 35th percentile; he noted that currently the employees are between the 22nd or 23rd percentile. Mr. Lancaster noted the 17.5% increase for the deputies will amount to a $5,520 annual increase; he continued that the dispatchers will receive a 12.5% and the range for the remainder of the county employees will be from 0% to 12.5%, amounting to an average 10% increase in payroll. Mr. Lancaster stated that this is a great step forward and the way they expect to be able to allow these salary increases is by holding operating costs the same as last year, not building in any annual increases in the budget, and any additional revenue received through growth and inflation will be channeled toward Human Resources. It was noted that the increase in the salaries for the Sheriff's deputies will become effective October 1, 1996. Commissioner Duvall stated that the reason the Board agreed to this salary package is to try and keep experienced, qualified and highly trained people in the County to maintain the taxpayers investment; Chair Clarke stated this is a 3-part strategy: 1) Attract; 2) Retain; and 3) Protect good employees.

7. WORKSESSION:

-- CCI Wildfire Subcommittee: Chair Clarke stated he received a call from Colorado Counties, Inc. (CCI) and they wondered if Larimer County wanted a representative on the Wildfire Mitigation Subcommittee; he noted that he thinks the Chair of the Board should serve on this subcommittee. Commissioner Duvall concurred and also suggested that Dave Farmer, Wildfire Mitigation Coordinator for the County, should be included on the subcommittee.

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

8. COMMISSIONER'S REPORTS: There were no Commissioner's reports today.

9. DOCUMENT REVIEW:

M O T I O N

Commissioner Duvall moved that the Board of County Commissioners table the Minutes for the week of September 16, 1996 until a clarification is made.

Motion carried 2 - 0.

M O T I O N

Commissioner Duvall moved that the Board of County Commissioners approve the Schedule for the week of September 30, 1996, as submitted.

Motion carried 2 - 0.

M O T I O N

Commissioner Duvall moved that the Board of County Commissioners approve Petitions for Abatement, as requested by County Assessor Steve Miller, for the following: Big Bend Motel; General Electric (5 Petitions); Parker; Shannon; Bloom; King; Sloan; and Faller.

Motion carried 2 - 0.

M O T I O N

Commissioner Duvall moved that the Board of County Commissioners approve the following documents as listed on the Consent Agenda on Document Review for September 24, 1996:

MISCELLANEOUS DOCUMENT: Douglass Minor Land Development Plat. LIQUOR LICENSES: County approval was granted to the Hilltop Outpost - 3.2% - Red Feather, CO.

A96-127 WORKERS' COMPENSATION SERVICE AGREEMENT BETWEEN

THE BOARD OF COUNTY COMMISSIONERS AND POUDRE

VALLEY HEALTH CARE, INC., DBA POUDRE VALLEY HOSPITAL

D96-33 DEED OF DEDICATION BY KENNETH HOWARD AND JUNE R.

HERSH (Dedication of Property for Public Highway - Project #171)

R96-147s FINDINGS AND RESOLUTION APPROVING THE REZONING AND

PRELIMINARY PLAT OF PHILLIPS MINOR RESIDENTIAL

DEVELOPMENT

Motion carried 2 - 0.

At this time County Attorney George Hass, Risk Manager Kate Trembley, Human Resources Director Ralph Jacobs, and Finance Director Carol Block joined the meeting for Legal Matters.

10. LEGAL MATTERS:

M O T I O N

Commissioner Duvall moved that the Board of County Commissioners go into Executive Session at 10:30 a.m. to discuss several personnel matters.

Motion carried 2 - 0.

The Executive Session ended at 11:45 a.m.; no action taken.

______________________________________

JOHN CLARKE, CHAIR

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.