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PROCEEDINGS OF THE BOARD OF COUNTY COMMISSIONERS

MONDAY, JANUARY 6, 1997

LAND-USE PLANNING MEETING

(#131)

The Board of County Commissioners met at 3:00 p.m. in regular session with Larry Timm, Director of Planning. Chair Clarke presided and Commissioner Disney was present. Also present were: Al Kadera, Subdivision Administrator; Keith Schuett, Planner II; Lonnie Sheldon, Project Engineer; George Hass, County Attorney; and Jeannine Haag, Assistant County Attorney. Recording Clerk, S. Graves.

1. PUBLIC HEARING REGARDING MODEL TRAFFIC CODE: Mr. Hass informed the Board that the Model Traffic Code has been published and is presented today for approval by the Board; he noted that the 1st reading of the Model Traffic Code was December 18, 1996. Mr. Hass stated that today=s approval will be for re-adoption of the Model Traffic Code, with changes made to the fine schedule which will apply to the Larimer County Traffic Code.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners adopt the Model Traffic Code, as presented. Discussion of the motion followed.

Mr. Cliff Riedel, of the District Attorney=s Office, discussed one concern with the Model Traffic Code; he noted that in Section 5 of the Ordinance under Penalties, Sub-section C, it states that any person charged with not having insurance will have the charge dismissed if they appear in person or mail a letter from their insurance company stating that the vehicle was insured on the date and time of the violation--it doesn=t require the policy number, what type of insurance, and the letter does not have to be notarized. Mr. Riedel stated that having prosecuted such violations for sixteen years, he has serious concerns about this section and also he noted that it differs from State Statute covering no insurance, which states that the person must appear in Court and provide a copy of their insurance qualifying policy or a Certificate of Self Insurance. Mr. Riedel also noted that the section isn=t clear regarding what happens if the person has incurred other charges, such as a speeding violation.

Mr. Hass responded that the section being questioned is not the section being changed and that is the way the Ordinance reads at the present time; secondly, the language, as stated, was written that way at the request of the Sheriff=s Office as the best way to handle the Ano insurance@ question. Mr. Hass stated that he doesn=t agree that the section regarding what happens to other charges is not clear. Commissioner Disney asked if it would be advisable to require that the letter from the insurance company be notarized; Mr. Hass stated that they could require the driver to sign an affidavit and mail that in with the letter, and he could make that minor change without re-publication of the Model Traffic Code. Discussion followed; Commissioner Disney thinks the Model Traffic Code should be specific and Chair Clarke thinks the Model Traffic Code for Larimer County should be consistent with State Statute.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners table the adoption of the Model Traffic Code until 9:30 a.m. on January 22, 1997 during Administrative Matters, to allow time for the County Attorney to modify the Model Traffic Code as suggested.

Motion carried 2 - 0.

2. TABLED ITEM:

Chair Clarke noted that a request has been received to table the Sand Creek Park Street Name Change (#96-OSO983) until January 21, 1997.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners table the Sand Creek Park Street Name Change (#96-OSO983) until January 21, 1997, as requested.

Motion carried 2 - 0.

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

3. SOUTH NOKOMIS LAKE LOTS 6 & 7, BLOCK 33 AMENDED PLAT

(#96-SA0984): 21-10-73 IN RED FEATHER LAKES; .23 ACRES;

O-OPEN ZONING

This is a request to combine two existing lots resulting in one building site. Staff findings include: 1) South Nokomis Lake Subdivision was platted before the adoption of the current zoning and subdivision regulations. All of the lots are non-conforming with respect to minimum lot size requirements; 2) Combining two existing lots will bring the new lot closer to conformity and will reduce the number of non-conforming lots; 3) 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 to approve the Amended Plat of Lots 6 and 7, Block 33, South Nokomis Lake Subdivision.

4. DEPPERSCHMIDT AMENDED MINOR RESIDENTIAL DEVELOPMENT

(#96-EX0980): NE 1/4 OF SECTION 26, TOWNSHIP 5 NORTH, RANGE 69

WEST OF THE 6TH P.M. IN LARIMER COUNTY ON THE WEST SIDE

OF SOUTH GARFIELD (COUNTY ROAD 15), 1/2 MILES SOUTH OF

STATE HIGHWAY 402; 6.66 ACRES; 3 LOTS; FA-FARMING ZONING

This is a request to amend an existing Minor Residential Development to change the lot sizes to two lots of 1.32 acres and one lot of 3.92 acres to be annexed into the City of Loveland. Staff findings are: 1) The amended Minor Residential Development application is to make changes to an existing Minor Residential Development application. The original application was on property that was not part of a parcel, site tract, or lot previously divided by an exemption or minor residential development part of a subdivision; 2) The proposed use of the lots remaining in the County are intended to remain as single family residential; 3) All proposed lots are consistent with the minimum lot size of 1/2 acre in the FA-Farming Zone District with public water and public sewer facilities; 4) All developments have direct access from the public road system; 5) The property is located within Township 4 through 9 and Range 68 and 69 (NE 1/4 26-05-69).

The staff recommendation is for approval of the Depperschmidt Amended Minor Residential Development application, with the following conditions: 1) The following note being placed within proposed Lot 3 on the Plat prior to recording: AArea to be attached to adjacent land to the south by annexation to the City of Loveland; this area is not to become a separate buildable site@; 2) Signature block and signature of all property owners shall be shown on the plat prior to recording.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the South Nokomis Lake, Lots 6 & 7, Block 33, Amended Plat (#96-SA0984) and the Depperschmidt Amended Minor Residential Development (#96-EX0980), with conditions as outlined.

Motion carried 2 - 0.

The meeting adjourned at 3:20 p.m.





WEDNESDAY, JANUARY 8, 1997

ADMINISTRATIVE MATTERS

(#131 @ 1000 - Side A & #132)

The Board of County Commissioners met at 9:00 a.m. in regular session with Frank Lancaster, County Manager. Chair Clarke presided and Commissioner Disney was present. Also present were: Rex Smith, Director of Public Works; Ron Winne, Project Engineer; Marc Engemoen, County Engineer; Scott Cornell, Environment Site & Access Specialist; Carol Block, Director of Finance; 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: John Aldrich and Jack Swets. Mr. Aldrich discussed his concerns regarding the road alignment and bridge reconstruction project at Harmony Road and CR 5; his two main concerns are: 1) The design, as proposed, will destroy a very important existing treatment wetlands; and, 2) The lack of process. Mr. Aldrich stated that, in his opinion, the County proceeds too far into the design and progress of the project before public meetings are held to discuss environmentally sensitive issues and projects; he noted that he has devised an alternative design which will address these concerns. Mr. Aldrich noted that the Town of Timnath wrote a letter to the Commissioners on December 7, 1996 about this project and still has not received a response. Chair Clarke stated that he visited the site and wrote a response letter yesterday; he asked Mr. Aldrich about his plan design. Mr. Aldrich stated he would have the 4-way intersection align with CR3F and he noted that his biggest concern is making a straight-away from Highway 14 to 392 through Timnath. Mr. Swets submitted a map of the area and Mr. Winne displayed the engineering plans for the project. Mr. Winne described the current road situation and the planned proposal for the intersection - which is to replace the deficient bridge and to straighten the intersection to create a much safer situation as far as site distance and turning movements in all directions; he noted that they will only disturb 4/10=s of an acre of the wetlands. Mr. Smith stated that the whole purpose of the intersection realignment is for safety; also, he noted that when they do a project like this, they don=t just deal with today, but consider what it will be like in 20 years. Chair Clarke stated that, in his opinion, straightening an intersection is a benefit to traffic flow and safety, and it would be a definite burden to the taxpayers to delay and change this project, and what is being proposed and designed is in the best interest of the health and safety of the taxpayers. Chair Clarke assured Mr. Aldrich that the Commissioners will respond to the letter of December 7, 1996 from the Mayor of Timnath. Mr. Swets stated he is concerned with the incompetence of the County Engineers and, in his opinion, the bridge should be re-built to its original size (before the current bridge was built in 1964) as they consistently have problems with flooding; he noted that he is very familiar with the area and has done considerable work on the river banks. Mr. Swets stated that he has talked to other engineers and they all agree that the new bridge will be very little improvement over the current bridge. Chair Clarke asked Mr. Smith if, in his professional opinion, there is a problem with the design of the new bridge; Mr. Smith responded ANo@. Mr. Winne stated that they approached this project like they do all bridge replacement projects and in this case, since they have a fairly sophisticated hydraulic situation, they hired a consultant to gain their expertise; he noted that the proposed bridge has a much large waterway area than the existing one - 120 ft. to 160 ft., which is 10 ft. larger than what the consultant recommended. Mr. Winne stated that he feels they have done the best job they can in designing the project by using the most sophisticated computer model which is accepted world-wide. Much discussion followed; Mr. Smith stated that they could put in a 500 ft. long bridge that would carry a 1,000 year storm, but every time they get a 10-year storm, the water is still going to go over the banks because the river channel won=t hold it, long before it reaches the bridge. Chair Clarke expressed appreciation for Mr. Swets= concerns and he respects his knowledge of the situation, but he stated that has to abide by the best advice of the engineers and consultants. Commissioner Disney stated that, with all due respect, he has heard horror stories in which engineers have said that absolutely this is the way it is and then they are proven wrong because the river doesn=t always pay attention to hydrology computer models. Mr. Swets stated that in this situation the Commissioners have a chance to correct a design, but no one will listen to those that live in the area, and he forewarned them that if they don=t listen and respond accordingly, they will be looking at a lawsuit. Mr. Swets stated that it has never been clarified exactly where they are going to build the new road, as it has never been staked; Mr. Winne responded that they have never been asked to stake it, but they will immediately.

2. APPROVAL OF MINUTES FOR WEEK OF DECEMBER 30, 1996:

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the Minutes for the week of December 30, 1996, as submitted.

Motion carried 2 - 0.

3. APPROVAL OF SCHEDULE FOR WEEK OF JANUARY 13, 1997:

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the Schedule for the week of January 13, 1997, as submitted.

Motion carried 2 - 0.





4. APPROVAL OF CONSENT AGENDA:

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve Petitions for Abatement and Refund of Taxes, as recommended by the County Assessor, for the following: New York Life Insurance; Advanced Building Concept; Clean Rite Carpet Care; John G. Murphy; Albrecht & Nicole Reinhard; Deborah J. Brown; Dennis & Sandra Jurs; Praireland, Inc.; Buckeye, LLC.; and Rick A. & Markton J. Gadbury.

Motion carried 2 - 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 January 8, 1997:

MISCELLANEOUS DOCUMENTS: Husted Heights Amended Plat; High Drive Heights Amended Plat; and the Freel Minor Residential Development Plat. LIQUOR LICENSES: Licenses were issued to: Spanish Manor - 6% - Fort Collins, CO.; St. Louis Liquors, LLC. - 6% - Loveland, CO.; Red Feathers Carry Out - 6% - Red Feather, CO.; Cloverleaf Kennel Club - 6% - Loveland, CO.; and the Loyal Order of Moose, Lodge #275 - 6% - Fort Collins, CO. County approval was granted to Windjammer Liquors - 6% - Loveland, CO., and Branding Iron Liquors, Inc. - 6% - LaPorte, CO.

R97-01s FINDINGS AND RESOLUTION APPROVING THE PLAT OF

SUMMIT ENTERPRISES MINOR RESIDENTIAL

DEVELOPMENT

R97-02s FINDINGS AND RESOLUTION APPROVING THE AMENDED

PLAT OF MALCHOW MINOR RESIDENTIAL DEVELOPMENT

R97-03s FINDINGS AND RESOLUTION DENYING THE HOWARD MINOR

RESIDENTIAL DEVELOPMENT APPEAL

Motion carried 2 - 0.

5. PRIVATE ACTIVITY BOND ALLOCATION: Ms. Block stated that the request before the Board today is to approve a resolution and assignment of Larimer County=s 1997 Private Activity Bond Allocation to the City of Fort Collins; she reminded the Board that the County receives allocation from the State every year and can issue tax exempt bonds on behalf of someone in the private industry to be used for industrial development, single family mortgage revenue bonds, redevelopment, residential rental projects, etc., and the projects have to meet the requirements of the Tax Reform Act of 1996. Ms. Block continued that this year=s project is for $1.5 million for a $9,300,000 residential rental project within the City of Fort Collins. Ms. Block introduced Scott McFadden from Brisben Companies, the developer, and Alan Krcmarik, Financial Officer for the City of Fort Collins. Commissioner Disney asked if the other municipalities in the County are aware of this opportunity and, if so, have they responded that they are not interested. Ms. Block stated that each of the Cities gets an allocation and they are all aware of the County=s allocation. Mr. Dwyer, Bond Counsel, added that all the projects are private industry or projects specifically driven by the company or developer and they are the ones, rather than governments, that initiate the projects and all the governments in Larimer County are aware of the allocation process. Chair Clarke stated that he is concerned that we are giving away our allocation so early in the year and he cautioned the group to watch this year and see if something else comes along and then be mindful of this concern. Commissioner Disney asked if it would be advisable to get all the players together for a meeting to discuss this issue so its fair and equitable for all; Chair Clarke suggested discussing this in depth during a Policy Worksession. Mr. Lancaster suggested that staff work with Ms. Block and she in turn will work with the other Finance Directors to find out what is going on in the other communities.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the assignment of the 1997 Private Activity Bond Allocation by Larimer County, in the amount of $1,542,275, to the City of Fort Collins, as requested, and the resolution authorizing the assignment, and authorize the Chair to sign both documents.

Motion carried 2 - 0.

R97-04g RESOLUTION AUTHORIZING ASSIGNMENT TO THE CITY OF

FORT COLLINS OF A PRIVATE ACTIVITY BOND ALLOCATION

OF LARIMER COUNTY PURSUANT TO THE COLORADO

PRIVATE ACTIVITY BOND CEILING ALLOCATION ACT

6. WORKSESSION:

-- Request for Letter of Support for Larimer Home Ownership Program: Mr. Lancaster noted that the Commissioners have been requested to send a letter of support for an application for funds for the Larimer Home Ownership Program -- a program to make home ownership available to low and moderate income families who would not qualify otherwise; CONSENSUS OF THE BOARD was to authorize the Chair to sign a letter of support, as requested, for the Larimer Home Ownership Program.

-- Request for Letter of Support for GOCO Legacy Grant Proposal: Mr. Lancaster also noted that the Open Lands Program and the Front Range Mountain Backdrop Task Force are requesting a letter of support from the Board to submit with a GOCO Legacy Grant proposal; CONSENSUS OF THE BOARD was to submit a letter of support for a GOCO Legacy Grant proposal, as requested.

-- Request from Commissioner Duvall: Mr. Lancaster stated he received a note from Commissioner Duvall concerning the Rural Land Use Center process and the residual land and perpetuity question and she asked if the Commissioners could schedule a meeting before January 13, 1997 with Jeannine Haag, Assistant County Attorney, and Larry Timm, Director of Planning, and, at that time, have a phone conference with Bill Silverstein, Isaah Rosenbloom, and attorneys to discuss this issue. Mr. Lancaster noted that the only time available, in order to give adequate public notice, would be Monday morning on the 13th. Chair Clarke stated he wrote a draft letter to Ms. Haag about this issue and he asked Commissioner Disney if he would like to sign it also; Commissioner Disney read the letter and agreed to sign it. This letter is a response letter to be included with an opinion letter from Ms. Haag and will be sent to the City of Fort Collins; they will also ask that the City Attorney review the opinion and letter and let the Board know if they have additional or different thoughts on this issue. It was the consensus of the Board that this letter is adequate response at this time and a further meeting prior to the 13th is not needed.

-- Discussion of Drink-N-Dawg Liquor License Renewal: Mr. Lancaster submitted copies of four incident reports from the Sheriff=s Office for the Board=s review concerning the Drink-N-Dawg establishment during the period October 1, 1996 through November 30, 1996; he asked if the Board would like to have another hearing to review the incidents with the establishment owners. After reviewing the reports, the Board requested the Clerk to request detailed accounts of the reports from the Sheriff=s Department before making a decision whether or not to have another hearing.

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

-- Manager/Mayors Meeting: Mr. Lancaster asked the Board if they would like to continue with the Chair and Manager meetings with the Mayor of Fort Collins and he asked Commissioner Disney if he would like to do it as Chair next year; after discussion, it was decided that Commissioner Clarke will continue to attend these meetings.

7. COMMISSIONER REPORTS:

-- Report on Environmental Advisory Board Meeting: Commissioner Disney reported on the Environmental Advisory Board meeting he attended last night; he noted that there was discussion about the direction they want to go in 1997 and issues to be considered. Commissioner Disney stated that they would like to have a retreat some Saturday morning in March, possibly in Estes Park, and they would like the Board to attend to give them direction and tell them exactly what they would like to see come out of the charges given to them. Chair Clarke stated he would like to attend the retreat, if his schedule will allow.

-- Update and Revision of North Front Range Plan: Commissioner Disney reported that during the North Front Range MPO meeting in Greeley tomorrow they are going to start a process for updating and revising the North Front Range Plan, as required by law; he stated that at some point in time, once the revisions start to take place in draft form, he would like the group to present it to the Commissioners; Chair Clarke concurred.

-- Report on Health & Human Services Activities: Chair Clarke reported on Health and Human Services; he noted he recently talked to Kathy Snell, Director of Health and Human Services and expressed his concern about the youth detention facility. Chair Clarke stated that Ms. Snell is looking at the whole concept of what we are doing with youth services in general to see if there is a way to combine everything we are doing (Youth Safe, Youth Services Bureau, etc.) and streamline and consolidate and bring together the dollars we are already spending and possibly do more; he stated that he wants to see this move forward. Commissioner Disney asked if it is possible to do a scaled done version of a youth detention facility; Chair Clarke stated that is what they are trying to do. Chair Clarke also stated that Ms. Snell is looking at Community Corrections and asking if it makes sense to privatize; he noted that she has some new and creative ideas.

-- Report on Foster Parenting: Chair Clarke reported that they are continuing to correspond with foster parents to keep the lines of communication open; he noted they have lost a lot of their foster parents to other agencies.

8. AT&T PRESENTATION OF CELLULAR PHONE: Mark Runge, AT&T Sales Manager in Fort Collins, provided the background of the ACellular for the Community Grant Program@; he noted that this is the 5th year that AT&T Wireless Services has provided a cellular phone to local and non-profit organizations in Colorado free use of a cellular phone within the local air time coverage areas for a two-year period in order for the recipient agencies to increase their efficiency and goals to better meet the needs of the community. Mr. Runge stated that they had over 400 applicants and 21 were selected throughout the State; he presented a cellular phone to Nancy Lindemood of the Advocacy Center and Pat McCosh, representative from the Board of Directors of the Advocacy Center. Ms. Lindemood described the purpose of their request for cellular services; she noted she is the only staff person at the Advocacy Center and cannot always be in the office. However, Ms. Lindemood stated that with this phone, if an investigator or Social Services Case Worker needs to contact her, they can reach her; she described the services the Advocacy Center provides.

The Commissioners thanked Mr. Runge and AT&T Wireless Services for the cellular phone award for the Larimer County Child Advocacy Center.

The meeting adjourned at 11:20 a.m.

______________________________________

JIM DISNEY, CHAIR

BOARD OF COUNTY COMMISSIONERS

( S E A L )

ATTEST:

_______________________________________

Sherry E. Graves, Deputy County Clerk

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