Loveland Bike Trail
 

PROCEEDINGS OF THE BOARD OF COUNTY COMMISSIONERS

Monday, November 8, 1999

EXECUTIVE SESSION

The Board of County Commissioners met at 1:30 p.m. for an Executive Session County Attorney George Hass and Assistant County Attorney Jeannine Haag. Chair Olson presided and Commissioners Disney and Rennels were present. Also present were: Larry Timm, Director of Planning; Rob Helmick, Senior Planner; Carol Evans, Planner II; Mark Peterson, County Engineer; Rusty McDaniel, Project Engineer; and Doug Ryan, Environmental Health Planner. Recording Clerk, Sherry Graves.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners go into Executive Session at 1:38 p.m. for legal advice.

Motion carried 3 - 0.

The Executive Session ended at 2:37 p.m.; no action taken.

LAND-USE PLANNING MEETING

(#550)

The Board of County Commissioners reconvened at 3:00 p.m. in regular session with Larry Timm, Director of Planning. Chair Olson presided and Commissioners Disney and Rennels were present. Also present were: Carol Evans, Planner II; Marc Engemoen, Director of Public Works; Mark Peterson, County Engineer; Rusty McDaniel, Project Engineer; Doug Ryan, Environmental Health Planner; and George Hass, County Attorney. Recording Clerk, Sherry Graves.

  1. W.O.L.F. SPECIAL REVIEW (#96-ZR0943): NW 1/4 - 1-7-71 - 10.5 MILES
  2. WEST OF LAPORTE AND ABOUT 2.5 MILES SOUTH OF RIST CANYON

    ROAD ON FIRE ROUTE 11; 5 ACRES LEASED WITHIN A 40-ACRE

    PARCEL; O-OPEN ZONING

    This is a request for Special Review to allow a wolf-hybrid shelter/rescue facility for an unspecified number of animals. Ms. Evans noted that this hearing was continued from October 4, 1999 after conclusion of public testimony for the Board's discussion of same. She noted that based on the review of the request and on public testimony, the main issues with the request are: 1) Traffic/use and condition of the road; 2) Safety; and 3) Noise. Ms. Evans reviewed the issues related to access and traffic and asked Mr. McDaniel to comment on same. Mr. McDaniel stated that the basic concern was the condition of the road and whether or not it is passable; he noted that a letter was received from the Rist Canyon Volunteer Fire Department outlining some guidelines they would like to see met and Engineering is satisfied if those requirements are met. Ms. Evans stated that another issue was safety; however, she noted that staff believes that the incidents that occurred were prior to construction of enclosures according to the standards required by the Division of Wildlife. Ms. Evans stated that the structures are on private property, double-gated, with padlocks on gates, dig guards, etc. With regard to the noise issue, Mr. Ryan stated that the comments made at the hearings demonstrate that our response to noise is somewhat subjective; however, because of the specificity of some of the testimony from neighbors, and if that testimony is deemed credible, it is reasonable to conclude that a noise disturbance does exist. Mr. Ryan continued that in order to address this issue, the applicant has prepared a Noise Mitigation Plan, as recommended by the Planning Commission, outlining what they plan to do in two broad classifications: 1) Procedural mitigations and 2) Structural mitigations. In conclusion, Mr. Ryan stated that the procedural issues can be effective in lowering the amount of noise, but noise is still going to be a subjective issue.

    Ms. Evans reviewed in detail the conditions recommended by the Planning Commission (Page 35 in today's staff report) and the comments made by the applicant in response to each of those conditions. Ms. Evans discussed the enforcement of these conditions, noting that typically the County has relied on complaints, when there may be a problem with compliance, as there is not enough code enforcement staff to continuously monitor these types of projects, especially in remote areas. Ms. Evans stated that the Colorado Division of Wildlife has agreed to do a count of the animals when they do their inspections.

    Questions from the Board and much discussion followed; Commissioner Disney expressed his concern about the effectiveness of the screening and the number of daily trips on the road to the facility. With regard to whether or not this is a kennel, which was debated at the last hearing, the Board unanimously concurred that it is a kennel. The Board discussed how the number of animals proposed grew from 20 to 55; they asked applicant Pat Wendland how many animals they could take care of without any volunteers. Ms. Wendland responded that she and her husband could take care of them themselves, but it would be a 24 hour-a-day job; she noted that she needs her volunteers and currently they have about 40 volunteers, but only 12 that are regular and come once or twice a week. Lisa Ritter, volunteer coordinator, stated that the other volunteers show up once a month or once every three months. Ms. Wendland stated that if they are asked to close or reduce their facility, they will have to destroy 42 animals; she noted that they are currently turning away 100's of animals each year and there are 18 rescue facilities across the country, which are all full. There was discussion of an annual census report and it was suggested that it include monthly totals; however, the Board decided that the applicants need to be trusted that they will keep the number of animals at the number allowed by the Board, and no census report will be required.

    The Board discussed the number of animals to be allowed; Commissioner Rennels suggested that if they can take care of 55 animals in 24 hours, then in 12 hours, they should be able to take care of 25. She noted, however, that if the numbers of this facility are reduced, they need to be given at least one year to relocate the animals. Commissioner Disney concurred that the number of animals needs to be reduced and he suggested that 30 animals be allowed; he noted that this would mitigate some of the impacts, such as the noise and traffic.

    Chair Olson asked what if the applicants do not concur with the revised conditions; Mr. Hass stated that a separate condition should be written that approval is for this specific use only and if the applicant does not accept the conditions, then approval will be withdrawn. Mr. Hass suggested that the Board outline the objectives they would like to be met with the conditions and instruct staff and Mr. Hass to re-write the conditions to be approved later. Ms. Evans and the Board went through the conditions again and made the following clarifications as to the intent of the Board regarding the conditions: 1) Condition #2 should say that the total number of animals may not exceed 30 and the applicant shall have one year to come into compliance and the requirement for an annual census shall be removed; 2) Allow one year instead of 60 days from the date of this hearing for the submittal of a site survey as required in condition #3 and remove (b) the requirement for submittal of a plan for screening the enclosures nearest to the access road and change (d) to say that if they don't have legal authority to use the road, then the special review use goes away; 3) Conditions #4 and #5 will remain the same; 4) Condition #6 should state clearly that approval of this special review is for W.O.L.F., Inc. only, but if the Officers or Board of Directors change, approval will still stand; 5) Conditions #7, #9, and #10 will remain the same as written; 6) Much discussion of condition #8 ensued and it was changed to read: "The operation shall be conducted in accordance with the Larimer County Noise Ordinance and as outlined in the Noise Mitigation Plan, submitted by the applicant, with the elimination of the structural mitigations." Chair Olson referred to a letter received from the applicants' attorney, dated November 8, 1999, and stated that she would like the conditions to include the restrictions on schools, tours, and buses, as indicated in the letter. Commissioner Rennels stated that the conditions should also allow for regular trips from veterinarians, as requested in the November 8, 1999 letter from the applicant's attorney.

    M O T I O N

    Commissioner Disney moved that the Board of County Commissioners continue this hearing until 3 p.m. on December 13, 1999 and instruct staff and Mr. Hass to re-write the conditions of approval for the W.O.L.F. Special Review; staff findings and the revised conditions of approval will be presented at that hearing and outlined in detail in the set of proceedings of that hearing.

    Motion carried 3 - 0.

    The hearing adjourned at 5 p.m.

    TUESDAY, NOVEMBER 9, 1999

    ADMINISTRATIVE MATTERS

    (#549 @ 500)

    The Board of County Commissioners met at 9:00 in regular session with Frank Lancaster, County Manager. Chair Olson presided and Commissioners Disney and Rennels were present. Also present were: Jim Reidhead, Director Rural Land Use Center; Randy Ratliff, Director Mental Health Center; Bob Wilson, Chair Larimer Center for Mental Health; Donna Hart, Commissioners' Office Administrative Manager; and Deni LaRue, Community Information Manager. Recording Clerk, Sherry Graves.

    1. OPEN SESSION FOR PUBLIC COMMENT: The following persons addressed the Board during the open session for public comment: Tom Jackson, Ross Valdez, Dean McWilliams, Tom Bender, and Steve Anderson. Mr. Jackson noted that the County has a permit process for bicycle races on County roads and he requested that the County allow the same for mud races, which are being held at the Willox Wrecking Yard; he noted that none of the neighbors have complained and they have off-street parking, but it is in O-Open Zoning and not allowed according to the Planning Department. Mr. Lancaster stated that an abbreviated permit process could be considered and he will discuss it with the Planning Department. Mr. McWilliams stated that the races are very well organized, a lot of fun, and he hasn't observed any abuses and he encouraged the Board to allow a permit process; Mr. Valdez concurred.

    Mr. Bender stated that he was opposed to the "Help Preserve Open Space" Initiative that just passed in November because of the lack of accountability and mismanagement of our County lands; he noted that he and the Colorado State Forest Service have made good agricultural management practice recommendations in the past for Horsetooth Mountain Park and other areas, but no one has listened. The Board informed Mr. Bender that the Open Space dollars can be used for improvements in parks, such as for boat ramps, but cannot be used for maintenance. Mr. Bender also expressed concern about the major noxious weed problems on Coyote Ridge and he asked why the County is not taking care of this; Mr. Lancaster stated he would be surprised if there was leafy spurge on the property, but possibly Canadian Thistle.

    Mr. Anderson stated he is working on finalization of a Rural Land Use Plan and he had several concerns and requested clarification from the Board regarding the division of the residual land. Much discussion followed; the Board cautioned Mr. Anderson that they cannot discuss the specifics of his Plan at this time, that must be done in the public hearing. The Board informed him that residual land can be split, as long as there is no development on it, and the division must be outlined in the management plan and development agreement.

  3. APPROVAL OF MINUTES FOR WEEK OF NOVEMBER 1, 1999:
  4.  

    M O T I O N

    Commissioner Rennels moved that the Board of County Commissioners approve the Minutes for the week of November 1, 1999, as submitted.

    Motion carried 3 - 0.

  5. APPROVAL OF SCHEDULE FOR WEEK OF NOVEMBER 15, 1999:

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the Schedule for the week of November 15, 1999, as submitted and revised.

Motion carried 3 - 0.

  • Invitations: Ms. Hart reviewed the pending invitations with the Board.

  1. APPROVAL OF CONSENT AGENDA:
  2. M O T I O N

    Commissioner Rennels moved that the Board of County Commissioners approve the following action items and documents as listed on the Consent Agenda for Document Review on November 8, 1999:

    ACTION ITEM: Annual salary of $65,000 for John Kammerzell, Chief Deputy in Clerk & Recorder's Office, effective November 1, 1999.

    MISCELLANEOUS ITEMS: Amended Plat for Glen Haven Subdivision, Blocks L 42, 29 & 4; Tamasag Minor Land Development Correction Plan; Dickerson Ranch Minor Land Development; Public Trustee Third Quarter Report for 1999; Petition for Hearthfire Way Annexation of portion of Douglas Road; Personnel Authorization Request for additional hours for the Mental Health Center in the Loveland Office.

    LIQUOR LICENSES: County approval for renewal of liquor licenses was granted to Loyal Order of Moose, Lodge #275, - 6% - Fort Collins, CO.; Red Feather Liquors - 6% - Red Feather, CO.; and Youngs Liquor - 6% - Fort Collins, CO. Licenses were issued to: Seven Eleven Store #32276 - 3.2% - Fort Collins, CO.; Fargo County Roadhouse - 6% - Fort Collins, CO.; and Mexican Inn - 6% - Loveland, CO.

    A99-190 LOW-INCOME ENERGY ASSISTANCE PROGRAM (LEAP)

    VENDOR AGREEMENT BETWEEN THE BOARD OF COUNTY

    COMMISSIONERS THROUGH THE DEPARTMENT OF SOCIAL

    SERVICES AND PUBLIC SERVICE COMPANY OF COLORADO

    (New Century Energies)

    A99-191 LOW-INCOME ENERGY ASSISTANCE PROGRAM (LEAP)

    VENDOR AGREEMENT BETWEEN THE BOARD OF COUNTY

    COMMISSIONERS THROUGH THE DEPARTMENT OF SOCIAL

    SERVICES AND KN ENERGY

    A99-192 LOW-INCOME ENERGY ASSISTANCE PROGRAM (LEAP)

    VENDOR AGREEMENT BETWEEN THE BOARD OF COUNTY

    COMMISSIONERS THROUGH THE DEPARTMENT OF SOCIAL

    SERVICES AND FERRELGAS

    A99-193 LOW-INCOME ENERGY ASSISTANCE PROGRAM (LEAP)

    VENDOR AGREEMENT BETWEEN THE BOARD OF COUNTY

    COMMISSIONERS THROUGH THE DEPARTMENT OF SOCIAL

    SERVICES AND THE TOWN OF ESTES PARK

    D99-19 AMENDED PERMANENT DEED OF EASEMENT TO SUPERCEDE

    EASEMENT PREVIOUSLY GRANTED AND RECORDED IN THE

    CLERK'S OFFICE UNDER RECEPTION NO. 99047176 TO AMEND

    LEGAL DESCRIPTION OF EASEMENT AREA FROM GRANTOR

    KATHLEEN M. HOLLAND FOR CONSTRUCTION OF

    STORMWATER DRAINAGE FACILITY

    R99-154s FINDINGS AND RESOLUTION APPROVING THE VACATION OF

    RIGHT-OF-WAY FOR ELLIS/BARGER

    R99-155s FINDINGS AND RESOLUTION APPROVING THE MCMAHEN

    AMENDED EXEMPTION

    R99-156s FINDINGS AND RESOLUTION APPROVING THE AMENDED

    MASTER PLAN OF FOX ACRES COUNTRY CLUB

    R99-157s FINDINGS AND RESOLUTION APPROVING THE REIF MINOR

    RESIDENTIAL DEVELOPMENT

    R99-158s FINDINGS AND RESOLUTION APPROVING THE VACATION OF

    UTILITY EASEMENT IN HOMESTEAD ESTATES SUBDIVISION

    R99-159s FINDINGS AND RESOLUTION APPROVING THE DAVIS MINOR

    RESIDENTIAL DEVELOPMENT

    R99-160s RESOLUTION REGARDING THE RELEASE OF RESTRICTIONS

    ON SALE OF LOTS IN MCAFEE MINOR RESIDENTIAL

    DEVELOPMENT

    R99-161s RESOLUTION REGAARDING RELEASE OF COLLATERAL

    IN BROADVIEW SUBDIVISION AMENDED PLAT OF LOT 3

    Motion carried 3 - 0.

    5. APPROVAL OF ADMINISTRATIVE SERVICES ORGANIZATION FOR THE HEALTH CENTER: Mr. Ratliff informed the Board that both of their billing staff resigned within the same week and their positions are critical to the daily operations of the Mental Health Center and cannot be put on hold until the new non-profit organization is formed. Mr. Reidhead continued that in order to avoid having to fill these positions as County employees, who will then be laid off in January, it would be prudent to purchase these services from North Range Behavioral Health (NRBH) as they are moving toward an agreement with them to enter into an administrative services organization that will include these types of services after January 1, 2000. Mr. Ratliff also requested information management services for technical assistance in setting up their server, linkage to North Range for data exchange, etc.

    M O T I O N

    Commissioner Disney moved that the Board of County Commissioners approve the request to transfer responsibility of some administrative functions within the Larimer County Mental Health Center to North Range Behavioral Health and approve a waiver of County Policy #300.18 "Formal Bid/Proposal Purchasing Policy".

    Motion carried 3 - 0.

  3. WORKSESSION:
  4. -- Mr. Lancaster stated that Colorado Counties, Inc. (CCI) sent out an official ballot regarding the CCI 2000 Policy Statement and Legislative Priorities and asked for the Board's vote on same.

    M O T I O N

    Commissioner Rennels moved that the Board of County Commissioners vote for approval of the CCI 2000 Policy Statement Legislative Priorities Official Ballot, as amended and recommended by the CCI Legislative Committee.

    Motion carried 3- 0.

  5. COMMISSIONER REPORTS:

-- Commissioner Rennels reported she testified at the Water Conference last Friday, which was attended by 200 people. She noted she attended the Extension Showcase this morning and they have a project called "Re-Think", in which they are working very hard helping kids in violence and working with families. She informed the Board that at the Extension Showcase, JoAnn Bjarko introduced her husband who has joined her on staff at the North Forty News. Commissioner Rennels continued that she recently had a conversation with a gentleman who is a consultant with Environmental Waste and he stated that in California they recycle everything and he was amazed when he moved to Colorado that there was no recycling program; but he stated that Larimer County is noted for having a recycling program.

-- Commissioner Disney reported that at the North Front Range Transportation and Air Quality Planning Council the other night, there was discussion about whether or not the State is distributing the Federal dollars legally and the Council has asked for clarification regarding this matter. He continued that another question that came up was that perhaps it is time to look at the way CDOT is structured with the transportation commissions, who are literally in charge of spending billions of dollars and are accountable to no one except the Governor, and whether or not they shouldn't be replaced by a body of elected officials who are accountable.

-- Chair Olson noted she received a memo from Karen Wagner, Chair Environmental Advisory Board (EAB) inviting the Board to their next meeting on December 7, 1999.

At this time, Assistant County Attorney Jeannine Haag joined the meeting for Legal Matters.

7. LEGAL MATTERS:

-- Mr. Reidhead stated that they are considering some proposed changes to the Rural Land Use Process with regard to administrative handling of some of their projects in an attempt to streamline them; he noted that the benefit would be that the maximum bonus would be 25% instead of 50 to 60%. He stated that he has an applicant who is very interested in this streamlined process and he asked Ms. Haag if they could possibly do a pilot project; he noted that the subject project is 1600 acres, which could be divided into 45 35-acre parcels, and it is an environmentally, very significant parcel and has infra structure quite close to it. Mr. Reidhead stated that the 25% bonus for this project would amount to 11 additional units, for a total of 56; he noted that the administrative process would eliminate the neighborhood meeting, but not the public hearing. Ms. Haag stated that they can do this division legally, but it would not be considered a RLUP process, it would be done under the section of the Statute that states that the County Commissioners can exempt from the subdivision process any divisions of land they think are appropriate. Commissioner Disney expressed concern about the road impact of the extra 110 daily vehicle trips. Much discussion followed; Mr. Reidhead will meet with the landowner this afternoon and discuss the possibility of lowering the bonus density.

The meeting adjourned at 10:45 a.m.

WEDNESDAY, NOVEMBER 10, 1999

LIQUOR LICENSE RENEWAL HEARING

FOR AL'S CANYON GRILLE

(#551 & #552)

The Board of County Commissioners met in regular session at 7:00 p.m. with County Attorney George Hass for a Liquor License Renewal Hearing regarding Al's Canyon Grille located at 4701 West County Road 38E. Chair Olson presided and Commissioner Disney was present. Recording Clerk, Gael Cookman

Chair Olson called the meeting to order and introduced the Commissioners and County staff in attendance; she then turned the meeting over to Mr. Hass who would preside as the Hearing Officer. Mr. Hass explained the renewal hearing of this liquor license is in response to the numerous complaints the Board has received regarding noise (loud music) which exudes from Al's Canyon Grille due to the outdoor music that is played on the premises; he noted that excessive noise is a violation of both the State Liquor Code and the Larimer County Noise Ordinance. Mr. Hass then introduced Don Johnson, Attorney representing the property owners in opposition to the noise, and Robert Dill, Attorney representing Alan Evans, owner of Al's Canyon Grille.

Mr. Johnson presented a number of exhibits to the Board and noted that the following three witnesses would testify in this hearing: 1) Graggory Meyer, 2) Christine Schneider, and 3) Clifford Neumann. All three witnesses were sworn in and all testified that there is excessively loud music emitting from Al's Canyon Grille, especially on the weekends throughout the summer months. Mr. Meyer noted that he is renting his property which is located near the establishment and he has had complaints from his tenants that the noise is a problem. Mr. Meyer also explained that they had a meeting with the Board of County Commissioners when Alan Evans purchased the property two and a half years ago, in order to inform Mr. Evans that noise emitting from this establishment has been a problem in the past. Ms. Schneider explained that she lives in the mobile home park across the street from Al's Canyon Grill, and that the music is so loud, she has to close all of her windows and doors, but she can still hear the music; she also noted that she has used an instrument to measure the decibel levels of the music, and that the results of her testing were well above 60 decibels. Mr. Neumann, another neighbor adjoining the property, stated that he too had used a device to measure the decibels on different occasions and his results were also well above 60 decibels; he stated that there is a steady "thump, thump, thump" that continues for hours and hours and that his quality of life has been affected as a result. When asked if they had ever reported the noise to the Sheriff's Department, all three witnesses stated that they had, but then the music is turned down only for a short period of time before it gets out of hand again.

Mr. Dill cross examined all of the witnesses to see if they had followed the instructions outlined in the County Noise Ordinance, which states that the measurement using a decimeter should be set on the "A" scale; none of the witness had done so because the owners manual instructs users to set the decimeter to the "C" scale when measuring music. Mr. Dill also asked each of the witnesses if they were specifically opposed to the liquor license being renewed or if they were only opposed to the loud music and all of the witnesses stated that they were only opposed to the loud music, which they felt was disturbing their quality of life. At this time Mr. Johnson requested that Exhibits 1-7 and Exhibits 9-10 be submitted as evidence; Mr. Hass accepted the exhibits.

Mr. Dill presented three exhibits for the Board and then called Alan Evans to the stand to be sworn in. Mr. Evans noted that he had tried to do everything the Board has asked him to do: 1) He met with the Board in July to discuss the noise problem, 2) He met with the neighbors and created a proposal on how to arrive at a "win - win" situation so that he could continue playing music outdoors, but not to the point where it would disturb the neighbors or be played late at night, and 3) He purchased a decimeter in order to monitor the noise levels. Mr. Evans noted that if the maximum of 60 decibels measured at the "A" scale is not acceptable, as outlined in his proposal to the Board, then he would be willing to lower it; he explained he used that as a starting point based on his conversations with the owners of the White Buffalo since they had a similar problem with their neighbors.

Mr. Dill called the following persons to the stand to be sworn in: Candice Clem, George Lenhard, Deb Jensen, Edward Killian, and Katheryn Bradshaw. In turn, all witnesses stated that Al's Canyon Grille was a family-oriented establishment and that the noise has never bothered them, even though they also live in the area. They all requested that the Board renew the liquor license and allow the outdoor music to continue.

At this time the Board commenced discussion with Commissioner Disney noting that there has been a consistent violation of the County's Noise Ordinance at Al's Canyon Grille which has and is affecting the neighbors, and he recommended renewal of the liquor license with a stipulation that prohibits outdoor music on the premises. Chair Olson agreed, noting that whenever the Board issues a liquor license they insure that the owners realize that it is the responsibility of the license holder to know the rules and statutes regarding the liquor code and how to apply them to their particular business.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners grant the renewal of the Hotel & Restaurant Liquor License for Al's Canyon Grille, located at 4701 West County Road 38E, with the understanding the outdoor music on this premise is strictly prohibited.

Motion carried 2-0.

Meeting adjourned at 9:35 p.m.

_____________________________________________

CHERYL OLSON, CHAIR LARIMER COUNTY

BOARD OF COUNTY COMMISSIONERS

MYRNA J. RODENBERGER

LARIMER COUNTY CLERK & RECORDER

( S E A L )

ATTEST:

___________________________________

Sherry E. Graves, Deputy County Clerk

___________________________________

Gael M. Cookman, Deputy County Clerk

Background Image: Loveland Bike Trail by Sharon Veit. All rights reserved.