County Offices, Courts and the Landfill will be closed Monday, May 25 in observance of Memorial Day. Critical services at Larimer County will not be disrupted by this closure.
PROCEEDINGS OF THE BOARD OF COUNTY COMMISSIONERS MONDAY, FEBRUARY 8, 1993 SUBDIVISIONS (#136 & #143) The Board of County Commissioners met at 9:00 a.m. in regular session with Russ Legg, Development Processing Administrator. Chairman Hotchkiss presided; Commissioners Disney and Duvall were present. Also present were: Al Kadera, Subdivision Administrator; Jerry White, Zoning Administrator; Dick Anderson, Chief Building Inspector; Jerry Blehm, Public Health; Jeannine Haag, Assistant County Attorney; and Bill Gordon, County Administrator. Recording Clerk, S. Graves. Mr. Barnett noted that the Hastings Kennel Special Review has been tabled until April 12, 1993, as requested by the applicant. M O T I O N Commissioner Disney moved that the Board table the Hastings Kennel Special Review until April 12, 1993, as requested by the applicant. Motion carried 3 - 0. Mr. Barnett stated that the following is a consent item and will not be discussed unless requested by the Commissioners or members of the audience. 1. VISTA BONITA 6TH FILING EASEMENT VACATION (#92-OS0200): SE 11-07-68; 1 MILE EAST OF I-25 ON THE NORTH SIDE OF COLORADO HIGHWAY 14; R-1 RESIDENTIAL (2-8-93) This is a request to vacate 12 inches (1 foot) of an existing utility and drainage easement (Lot 1, Block 1, Vista Bonita 6th Amended Plat). Staff Findings include: 1) The Amended Plat of Vista Bonita 6th Filing was approved in 1992; 2) Shortly after that approval, a single-family dwelling was constructed on Lot 1, Block 1; 3) A recent survey of the site revealed a minor encroachment by one corner of the house on the utility and drainage easement along the south line of Lot 1, Block 1; 4) The County Drainage Administrator and the utility companies serving this area have reviewed the proposed vacation of one foot of the ten-foot easement and stated no objections. Staff Recommendation is for Approval of the vacation of the northerly one foot of the ten-foot drainage and utility easement along the south line of Lot 1, Block 1, of the Amended Plat of Vista Bonita 6th Filing. M O T I O N Commissioner Duvall moved that the Board adopt the Staff Findings and Recommendation and approve the Vista Bonita 6th Filing Easement Vacation (#92-0S0200). Motion carried 3 - 0. 2. HAASE SPECIAL REVIEW (#Z-17-91): 7-5-69; 1000 FEET EAST OF GLADE ROAD (COUNTY ROAD 23H) AND U.S. HIGHWAY 34 ON THE NORTH SIDE OF THE HIGHWAY; 1.424 ACRES; T-TOURIST ZONING (2-8-93) This is a request for Special Review in T-Tourist to allow a gift shop and gasoline service station. Mr. White reviewed the major concerns and issues and noted this request was denied by the Board of County Commissioners a year ago. The present request differs from the previous one in that a gift store is proposed instead of a convenience store. The Special Review is necessary only for the gasoline service portion of the request; the gift store is a permitted use in the Tourist Zone. Staff Findings are: 1) Under the conditions noted, the proposed use is consistent with the Comprehensive Zoning Resolution and the County Land Use Plan; 2) The proposed use is compatible with surrounding commercial land uses and will not affect other properties or property values in the area; 3) Under the conditions noted, the proposal will not affect the public health, welfare, prosperity, or safety. The Planning Commission/Staff Recommendation is for Conditional Approval of the Special Review. Mr. Blehm stated that the water supply from the City of Loveland appears adequate for the proposed use and there is an existing septic system on the property. Bruce Fickel, attorney for the applicant, submitted a petition of 138 signatures supporting this Special Review. Also addressing the Board in support of this request were Jim Haase, the applicant; Barry Floyd, real estate developer; and Kathleen Williams. Individuals speaking in opposition to the granting of this request, citing concerns of access, increased traffic, etc., were the following adjacent property owners: Sandra Brewer, Jay Cline, Roberta Haff, Joe Muholland, and Ken Ketterer. Members of the audience questioned whether or not the gift shop is in reality a convenience store. Much discussion followed. Commissioner Duvall commented that this request is a prime candidate for scheduling a neighborhood meeting and suggested that all the parties involved meet and try to devise a cooperative plan which will be acceptable for all persons involved. M O T I O N Commissioner Duvall moved that the Board table the Haase Special Review (#Z-17-91) until April 12, 1993, at which time this Board will re-open the hearing regarding this item to receive new evidence concerning traffic, compatibility, and neighborhood response. Motion carried 3 - 0. 3. ADOPTION OF CODES: This is a request for Adoption of the 1991 Uniform Building, Plumbing and Mechanical Codes with Amendments; 1991 Uniform Code for the Abatement of Dangerous Buildings; Colorado Energy Conservation Standards (1977) and the 1991 Uniform Fire Code of the Poudre Valley Fire District. Mr. Anderson reviewed the major changes and noted that these Codes, which have been previously approved, are updated every three years. Commissioner Duvall queried whether or not there could be an exemption included in the Codes for construction of affordable housing. Mr. Legg indicated this could be achieved if an exemption process was created and application was made to the Board of Appeals. Ms. Duvall requested an outline for procedures to follow be made available to those people wanting to construct affordable housing. M O T I O N Commissioner Duvall moved that the Board adopt the 1991 Uniform Building, Plumbing and Mechanical Codes with Amendments; 1991 Uniform Code for the Abatement of Dangerous Buildings; Colorado Energy Conservation Standards (1977); and the 1991 Uniform Fire Code for the Poudre Valley Fire District, as recommended by Staff, with the addition of the development of a modified process for construction of affordable housing. Motion carried 3 - 0. 4. MILLER ALLEGED BUILDING VIOLATION; 14140 NORTH COUNTY ROAD 9, WELLINGTON, CO 80549. This alleged violation is on a habitable structure existing without a permit and without running water or toilet. Mr. Anderson reviewed the background history and the major issues and concerns. Staff Findings are that an unsafe structure exists at 14140 No. County Road 9. No permits have been processed and no "clean-up" has occurred, as promised by the owner. Staff Recommendation is to find that a violation exists, require compliance within 30 days, and authorize legal action if the compliance deadline is not met. Mr. Danny Miller, property owner, stated that the porch and shed have been torn down and the trailer is only used for storage. The Millers have applied for a FHA Loan and, hopefully, in 30 days will have a new trailer moved onto the site. M O T I O N Commissioner Disney moved that the Board find that a violation exists, require compliance within 120 days, and authorize legal action if the compliance deadline is not met. Motion carried 3 - 0. The meeting adjourned at 11:00 a.m. TUESDAY, FEBRUARY 9, 1993 MEETING WITH CONGRESSMAN WAYNE ALLARD (#143 @ 1500) The Board of County Commissioners met at 9:00 a.m. with Congressman Wayne Allard. Chairman Hotchkiss presided; Commissioners Disney and Duvall were present. Also present were Mike Bennett, District Director for Wayne Allard's Office, and Bill Gordon, County Administrator. Recording Clerk, S. Graves. General discussion ensued between Congressman Allard and the Board on the Cherokee Park Land Acquisition and the Poudre Heritage River Designation; Board support was requested for these two projects. The sound economic status of Larimer County versus other regions of the Country was discussed and attributed to our stable diverse economy. Congressman Allard noted we can expect more mandates from the Federal Government and admitted Congress has major budget problems. The Board indicated that the continuation of PILT for Larimer County is a very high priority and requested the Congressman's continued support of same. The meeting recessed at 9:40 a.m. The Board of County Commissioners reconvened at 10:00 a.m: M O T I O N Commissioner Disney moved that the Board go into Executive Session to discuss a personnel matter. Motion carried 3 - 0. The meeting recessed at 10:55 a.m.; no action taken. DISCUSSION REGARDING COUNTY RETREAT (#147 ) The Board of County Commissioners reconvened at 11:00 a.m. in regular session with Bill Gordon, County Administrator. Chairman Hotchkiss presided; Commissioners Disney and Duvall were present. Recording Clerk, S. Graves. Mr. Gordon announced that the County Retreat will be held at the Holiday Inn in Estes Park, CO on March 4 and 5, 1993. The purpose of the County Retreat is to build teamwork, enhance communication, and develop procedures. Mr. Gordon submitted a tentative schedule, which the Board reviewed and discussed. It was noted that the Board will assume the role of participant at the Retreat and not the role of leader in discussions. The meeting adjourned at 11:15 a.m. WEDNESDAY, FEBRUARY 10, 1993 ADMINISTRATIVE MATTERS (#147 @ 1030) The Board of County Commissioners met at 9:30 a.m. in regular session with Bill Gordon, County Administrator. Chairman Hotchkiss presided; Commissioners Disney and Duvall were present. Also present were: Mary and Mike Palmer, Cultural Conservancy Advocates; Rena Mackrill, Director of Human Development; Wayne Buhlig, Weatherization Director; Susan Pierson, Dave Drager, and Bruce Brown, Weatherization Representatives; and Dana Klausmeyer, Controller. Recording Clerk, S. Graves. 1. WELLINGTON'S REQUEST FOR FUNDING FOR A CULTURAL CENTER WORKSHOP: Mary Palmer outlined the concept of The Cultural Conservancy being proposed for the town of Wellington, and requested funding from the Board for expenses to be incurred for a two-day workshop planned to produce a preliminary design for the Center. Ms. Palmer noted that this Cultural Conservancy represents a joint effort between the public and private sectors of the Wellington community to stimulate economic growth and create a solid tax base. This Cultural Center/Museum would be located on the six acres purchased by the Town for the proposed Welcome Center and would be designed as a traditional Navaho hogan and would accommodate 500 persons and used for traveling exhibitions. The Center would also have a retail shopping outlet for arts and crafts and promotional regional events. Commissioners Disney and Duvall expressed a desire to help with this project, but requested action be postponed to allow time to explore this matter further and receive documentation from Wellington Town Officials indicating their support for this Center; therefore, CONSENSUS OF THE BOARD was to defer action until Administrative Matters next week, February 17, 1993. 2. REQUEST FOR APPROVAL OF A CAPITAL EQUIPMENT PURCHASE: After receiving verbal approval from the Colorado Division of Housing to use current grant funds (approximately $29,000) for capital equipment purchases of insulation equipment and three additional entry-level employees, Board approval of same is requested. Mr. Buhlig noted that with the Cooperative Partnership Agreement between the Colorado Division of Housing and The Public Service Company of Colorado, it is estimated that the weatherization program in Larimer County has the potential growth expectancy of 30% for the 93-94 grant period, an additional 43% in 94/95, and an additional 10% increase in 95/96. It is estimated with this capital investment, savings in one year of $24,000 in insulation costs will be realized. Mr. Buhlig noted that Staff has been trained to perform these "in-house" services and certain measures are not cost effective to hire out. In response to a call from Thermal Craft Insulation of Boulder County for the Board not to grant this request, Commissioner Duvall suggested action on this matter be delayed for one week to provide an opportunity for the Board to hear the concerns of Thermal Craft Insulation. CONSENSUS OF THE BOARD was to defer action until Administrative Matters on February 17, 1993. 3. REQUEST FOR APPROVAL AND SIGNATURE ON THE RESOLUTION CONCERNING UNCLAIMED PROPERTY: Ms. Klausmeyer requested Board approval and the Chairman's signature on a Resolution Concerning Unclaimed Property as a result of new legislation, "Unclaimed Property Act", stating that after five years the monies for any outstanding warrants must be turned over to the State. After conferring with Marla Hehn, Assistant County Attorney, it was determined that this new law cannot circumvent local law. Therefore, adoption of this resolution allows Larimer County to continue with their current policy of after three years returning monies from outstanding warrants to the General Fund. Ms. Klausmeyer noted that at any time an uncashed warrant submitted for payment will be paid. M O T I O N Commissioner Disney moved that the Board adopt a Resolution Concerning Unclaimed Property, as requested by Ms. Klausmeyer and approved by Marla Hehn, Assistant County Attorney. Motion carried 3 - 0. R93-16g RESOLUTION CONCERNING UNCLAIMED PROPERTY 4. APPOINTMENT TO THE LARIMER COUNTY RETIREMENT BOARD: Due to the term expiration of Board Member Forest Delinger, the Larimer County Retirement Board is recommending Board approval of the appointment of Mr. Bob Eichem. M O T I O N Commissioner Duvall moved that the Board appoint Mr. Bob Eichem to fill the vacancy on the Larimer County Retirement Board. Motion carried 3 - 0. 5. WORKSESSION: -- Colorado Counties, Inc. Invoice: An invoice has been received from CCI for $3,942--these monies to be used for lobbying for PILT (Payment in Lieu of Taxes) Funds and Mr. Gordon is requesting direction from the Board of the revenue source for payment of this invoice. M O T I O N Commissioner Disney moved that Board pay the invoice of $3,942 to Colorado Counties, Inc., out of PILT Resources. Motion carried 3 - 0. 6. DOCUMENT REVIEW: The following documents, of a routine nature, were considered by the Board: MINUTES/AGENDA M O T I O N Commissioner Disney moved that the Board approve the Minutes for the week of February 1, 1993, as amended, and the Agenda for the week of February 15, 1993, as submitted. Motion carried 3 - 0. M O T I O N Commissioner Disney moved that the Board approve Petitions for Abatement for Home Federal Savings & Loan (36 Parcels); Brian Soukup (9 Parcels); Wells & Smith (3 Parcels); Ryder Truck Rental; John P. Cavano; Daniel George; High Plains Land (2 Parcels); Stephen M. Cross; James G. Williams; RIC Properties, LTD.; and Garth Peterson (2 Parcels), as recommended by County Assessor, Stephen Miller. Motion carried 3 - 0. Commissioner Duvall requested that a meeting be scheduled with the County Assessor to discuss procedures followed in allowing abatements. M O T I O N Commissioner Disney moved that the Board approve the following Miscellaneous Documents: Code Amendments to the 1991 Uniform Building Code - Uniform Mechanical Code - Uniform Plumbing Code; Wells Exemption Amended Lots 1 & 2; Amended Brown Exemption; Cedar Park Amended Plat; and the Division of Criminal Justice Statement of Grant Award Amended - Juvenile Justice Grant #90-JD-04-5. Motion carried 3 - 0. LIQUOR LICENSES: County Approval was granted to Drink N Dawg - 6% - LaPorte, CO. Licenses were issued to Sundance Steak House & Country Club - 6% WITH EXTENDED HOURS - Fort Collins, CO; Convenience Plus No. 7 - 3.2% - Fort Collins, CO; City Park Liquors - 3.2% - Fort Collins, CO; Gasamat No. 110 - 3.2% - Fort Collins, CO; and Vickers - 3.2% - Loveland, CO. M O T I O N Commissioner Disney moved that the Board approve the following documents: A93-16 LIBRARY SERVICES AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE TOWN OF RED FEATHER LAKES D93-02 DEED OF DEDICATION BY PAUL I. HODGES (Dedication of Property FOR Public Highway - Horsetooth Road - Project #169) R93-17s FINDINGS AND RESOLUTION CONCERNING THE PRELIMINARY PLAT OF TRAPPER'S POINT SUBDIVISION R93-18s FINDINGS AND RESOLUTION CONCERNING THE PLAT OF FLEMING MINOR RESIDENTIAL DEVELOPMENT R93-19s FINDINGS AND RESOLUTION CONCERNING THE CHANGE OF CONDITIONS OF APPROVAL OF PLAT OF TILEY MINOR RESIDENTIAL DEVELOPMENT R93-20z SPECIAL REVIEW FINDINGS AND RESOLUTION CONCERNING THE PETITION OF TIMBER RIDGE MOBILE HOME PARK R93-21z SPECIAL REVIEW FINDINGS AND RESOLUTION CONCERNING THE PETITION OF BARKER R93-22z SPECIAL REVIEW AND REZONING FINDINGS AND RESOLUTION CONCERNING THE PETITION OF KIMMEL/OLIGMUELLER R93-23g RESOLUTION ADOPTING 1991 UNIFORM FIRE CODE WITH AMENDMENTS R93-24z 1993 COMPREHENSIVE ZONING RESOLUTION Motion carried 3 - 0. ___________________________________ COURTLYN W. HOTCHKISS, CHAIRMAN BOARD OF COUNTY COMMISSIONERS ( S E A L ) ATTEST: ______________________________________ Sherry E. Graves, Deputy County Clerk