Elk in Rocky Mountain National Park
 

PROCEEDINGS OF THE BOARD OF COUNTY COMMISSIONERS

MONDAY, AUGUST 30, 1993

PLANNING WORKSESSION

(#320& #321)

The Board of County Commissioners met at 9:00 a.m. for a Planning Worksession with John Barnett, Planning Director, and Staff Members. Chairman Hotchkiss presided; Commissioners Disney and Duvall were present. Also present were: Russ Legg, Development Processing Administrator; Al Kadera, Subdivision Administrator; Jerry White, Zoning Administrator; Jill Bennett, Comprehensive Planner; Elaine Spencer, Manager of Engineering Operations & Planning; Jerry Blehm, Environmental Health; Jeannine Haag, Assistant County Attorney; and Bill Gordon, County Administrator. . Recording Clerk , S. Graves.

Mr. Barnett stated that there are five items on today's Worksession agenda: Ridgeline Regulation; Redivision of platted 35-acre parcels; Annexation Review by the County; Vested Rights; and Special Projects Update. The Planning Staff Members provided an update on these items and requested feedback from the Board.

1. Ridgeline Regulation: Ms. Haag reviewed six different options for zoning for aesthetics: 1) Rezone completely and allow no development in particular areas; 2) Conservation Easement--would totally eliminate any kind of development and require the cooperation of the land owner; 3) Purchase of entire area--more expensive and also requires cooperation of the owner; 4) Transfer of development rights; 5) Rezone to existing-use zone--maintains the status quo; 6) Zone Overlay. Ms. Haag stated that the Zone Overlay is the most practical way to go; we could adopt regulations governing visual impact.

Mr. Barnett stated that the Planning Department is having long-range planning meetings with the Planning Commission twice a month and they have been working on the overlay zone concept. Mr. Barnett informed the Board that rezoning large portions of land in the County will not be an easy task. Mr. Barnett indicated that one way to change the zoning to conform with the Comprehensive Land Use Plan is to modify the standards for permitted uses within the districts.

Commissioner Duvall asked the Board if they could agree by consensus that they want to protect the skyline and the 1st hogback from further development? Chairman Hotchkiss stated he has no problem restricting development on the skyline, but is concerned with the law if the Board tries to prevent development on the 1st hogback. Chairman Hotchkiss stated that he favors regulation, but not control, and does not wish to prevent a landowner from being able to do anything with

their land. Commissioner Disney stated he cannot support taking away property rights from an individual and noted that he likes the concept of the design overlay. Commissioner Duvall expressed her desire to develop regulations which will last beyond the present Board's term so there will never be another development similar to Namaqua Hills. Commissioner Disney suggested that wildfire mitigation be included when the new regulations are being drafted.

Commissioner Duvall expressed her desire to have something in place regarding ridgeline development by the end of the year, and the possibility of placing the open space issue on the '94 ballot. Mr. Barnett thinks a regulation can be in place by early '94. but will still need refining; and an effort can be made to inform the public letting them know we understand the problem, have sympathy, and are working on it. Mr. Barnett stated that in his budget request will be a decision package for a new staff person to administer this program.

2. Revision of platted 35-acre parcels: Mr. Kadera requested direction from the Board regarding future policy for revision of platted 35-acre parcels. After discussion, the Board indicated their desire to retain the current policy that once land is divided, it cannot be further divided. Ms. Haag indicated this policy should be outlined explicitly in the new MRD regulations which are being drafted. With regard to existing MRD requests, the Board stated that if the applicants have not been informed that they could not further divide their land, it will be allowed.

3. Annexation Review: Mr. Barnett stated there does not seem to be a clear understanding by the cities of the routing for annexation requests; they mistakenly are sent to the Commissioners or Attorney's Office, but should initially go to the Planning Office. Mr. Kadera stated that Statute requires that for annexation requests of 10 acres or more, or a certain assessed value, cities are required to send an annexation impact report to the Board of County Commissioners and to the County Attorney. Therefore, Ms. Haag suggested, and the Board concurred, that Mr. Kadera send a letter to each of the city clerks requesting they follow the routing procedure of sending all annexation requests to the Board and the County Attorney in care of the Planning Department.

4. Vested Rights: Mr. Barnett stated that under State Law, vested rights are issued for a three-year period; and preliminary plat approvals are for one year, with the right to renew. Questions have arisen regarding preliminary plat extensions and if the three-year vested rights time period is also extended. After discussion, the Board instructed the Planning Staff to remain firm with the original three-year vested rights deadline--the end date for the vested rights will not change.

5. Special Projects Update: Ms. Bennett reported on the Corridor Study--a project to develop strategies for maintaining community separation between Loveland and Fort Collins and options for land use in the area between the two cities. Ms. Bennett anticipates having recommendations for strategy to bring to the Board in early 1994. Ms. Bennett noted that the Economic Development Strategy Project has instructions to initiate a county-wide strategy for overall sustainable economic development by working with the Larimer County Overall Economic Development Committee, elected officials, staffs, and citizens of all cities and the county. Their first meeting will be in October. Commissioner Disney suggested that the Environmental Advisory Board become involved in this project and exchange information regarding what each is doing. The Planning Commission is reviewing the Land Use Plan, developing changes, and reviewing the Zoning Resolution. The Planning Commission has drafted a proposed amendment which greatly limits use variances or special exceptions, and extensions of non-conforming uses. These changes are being reviewed by the County Attorney.

Mr. Legg reported on the Subdivision and Exemption Review (SERGE) Task Force. In an attempt to get land use and zoning in harmony, they hope to design and expedite a process in the Urban Growth Area which insures quality design. Chairman Hotchkiss suggested that O-Open Zoning be redefined, and narrowed down to range land. Commissioner Duvall suggested streamlining the regulations, making the "right thing to do" easy, and the "wrong thing" very difficult.

The meeting recessed at 11:20 a.m.

DISCUSSION OF CERTIFIED PARK RANGERS

(#322)

The Board of County Commissioners reconvened at 1:30 p.m. in regular session with Sheriff Richard Shockley. Chairman Hotchkiss presided; Commissioner Disney and Duvall were present. Also present were: Captain Gary Darling of the Sheriff's Operations Division; John MacFarlane, Parks Director; Ralph Jacobs, Personnel Director; Rex Smith, Public Works Director; and Bill Gordon, County Administrator. Recording Clerk, S. Graves.

Mr. MacFarlane stated that in the past the Sheriff was responsible for enforcing regulations for the Parks Department, which the Board adopted, and the Sheriff commissioned the Park Rangers. As a result of a change in Statute, by 1995 Park Rangers have to go thru regular law enforcement training, complete FTO Training (6 or 7 months), become employees of the Sheriff, but work for the Parks Department. Today, Mr. MacFarlane is requesting Board approval to re-organize the Parks Department to comply with the new mandate. Mr. MacFarlane explained the proposed schedule and reorganization outline, and noted that the total cost to comply with Peace Officer's Standards and Training (POST) certification will be approximately $82,179 for 1994 and 1995. Mr. MacFarlane noted there are dollars reserved in his grant fund, but if this money is used for this reorganization, the cost is equivalent to double the amount because of the loss in matching Federal grant dollars. Alternatives for funding were discussed; such as increasing park fees. Mr. MacFarlane stated that a fee increase is scheduled for '95, and fees charged now are at market or above.

Sheriff Shockley explained that if the County does not follow the new mandate, the Park Rangers will not be certified peace officers and will not have authority to make arrests and must call the Sheriff's Department for backup. This would be costly and result in very ineffective law enforcement. Much discussion followed.

 

M O T I O N

Commissioner Disney moved that the Board authorize the expenditure of approximately $57,251 in 1994 out of the Parks Department Funds to reorganize the Visitor Services Section, in accordance with Law Enforcement Statute.

Motion carried 3 - 0.

The meeting adjourned at 2:40 p.m.

TUESDAY, AUGUST 31, 1993

LOCAL IMPROVEMENT DISTRICT ELECTIONS

(#323)

The Board of County Commissioners met at 10:00 a.m. in regular session with Rex Burns, Improvement District Administrator, Public Works Department. Chairman Hotchkiss presided; Commissioners Disney and Duvall were present. Also present were: Bill Gordon, County Administrator; Myrna Rodenberger, County Clerk and Recorder; Russ Ragsdale, Chief Deputy Clerk, and Nancy Lubinski, Elections Supervisor; Rex Smith, Director of Public Works; Elaine Spencer, Manager of Operations and Planning Engineering and Diane Martell, Staff Services Manager, Public Works; and, Marla Hehn, Assistant County Attorney. Recording Clerk, D. Lord.

Mr. Burns reviewed the plans for the Special District Elections proposed for the County. He reported that on September 7, 1993 there will be a public hearing regarding the Consolidated Local Improvement District for Crossroads East Business Center and the Fort Collins Business Center, as mandated by Amendment 1. He discussed the Board must adopt a resolution for an election ordering a county-wide election to create this district, identified as LID 1993-1, and a second resolution ordering a county -wide election to authorize the County to issue a total of $3,750,000 in special assessment bonds over a five-year period for as yet unspecified projects by the September 7th deadline, as established by the Election Division of the Clerk and Recorder's Office.

In addition to the LID, three PID issues were identified as needing to be set for election. These are 1) PID No. 4- Carriage Hills: to consider whether to increase the mill levy to 4 mills and to consider a bond issue to pave Carriage Drive; 2) PID No. 13A-Red Feathers Lake: to consider whether to adopt a mill levy to maintain roads in the West Red Feather Lakes area; and 3) PID No. 14- Little Valley Road Maintenance (Estes Park): to consider whether to adopt a mill levy to maintain roads in the Little Valley area.

Mr. Burns informed the Board that he had discussed the elections and the cost of the elections for these special districts with Ms. Rodenberger and her staff. He said that she had offered to absorb the costs of the election since all of the money would be transferred back to the General Fund, and that this seemed like the most appropriate method of handling the election costs.

Ms. Rodenberger explained that the projected costs are not precise but were obtained by estimating the number of entities expected to add issues to the ballot on a per page charge, the County share of the State Tourism Tax Amendment, and the "marginal costs" to the County above the formula amounts. If the PID and LID ballot issues succeed, then Amendment 1 allows the county to be paid back for the election through the tax increases, if not, the County will have to absorb the costs.

There was a general discussion as to the most appropriate method of funding the elections, whether through a designated Special District Revolving Fund or to have the funds collected if the ballot issues are passed reimburse the Public Works Department or the Elections Division, and the decision was to have the Elections Division absorb the costs since the funds would revert to the General Fund at some point anyway.

Commissioner Disney expressed his concern that the Local Improvement Districts must now be voted on by residents throughout the County, rather than those living in the area of the LID, and the need to inform the voters that they won't be impacted by the increased taxes for the LID unless they have property within it. Commissioner Duvall asked what the County's role could be in educating the citizens regarding this new process.

Chairman Hotchkiss said that there was a need to ensure that the County did not in any way appear to be taking a position on the issue, or expending any funds to support or oppose a ballot issue. Ms. Hehn explained the law and the restrictions the County had to adhere to. Ms. Rodenberger stated that the Pro and Con position statements on the ballot were established to allow voters to have access to both sides of the issue before voting. In response to a question by Commissioner Disney, she explained that if no one submits a statement against an issue, the ballot states that fact without going into detail.

Several public relation procedures were discussed and the Board's ability to adopt a resolution in support of the LID that would clarify the issue was taken under consideration.

No further action was taken and the meeting was adjourned at 10:35 a.m.

WEDNESDAY SEPTEMBER 1, 1993

ADMINISTRATIVE MATTERS

(#324)

The Board of County Commissioners met at 9:00 a.m. in regular session with Bill Gordon, County Administrator. Chairman Hotchkiss presided; Commissioners Disney and Duvall were present. Also present was Patty Arnett, Health Department Business Manager. Recording Clerk, S. Graves.

1. REQUEST FOR APPROVAL OF 4 GRANT PROPOSALS: Ms. Arnett requested Board approval of four grant proposals:

A) ASSIST PROJECT: The Colorado Department of Health has awarded funding ($35,000) for services and materials to support national objectives for tobacco prevention and control. The project requires hiring a 3/4 time Health Educator and is scheduled to be funded for a five-year period.

M O T I O N

Commissioner Disney moved that the Board approve the grant award for the ASSIST Project, and the increase in Staffing as recommended by Ms. Arnett.

Motion carried 3 - 0.

B) HEALTHY COMMUNITIES 1994 - PREVENTIVE HEALTH BLOCK GRANT: The Colorado Department of Health has awarded funding in the amount of $46,000 for the trailer park health needs assessment project; the project requires hiring a 1/2 time Health Educator and a 1/2 time Program Specialist 1 and is a one-year project.

M O T I O N

Commissioner Duvall moved that the Board approve the grant award for Health Communities 1994 - Preventive Health Block Grant, as recommended by Mr. Arnett.

Motion carried 3 - 0.

C) AIR POLLUTION: The Colorado Department of Health has requested Larimer County conduct CFC inspections for the month of September, requiring 219 hours of temporary staff for which the State would reimburse up to $8,365.80. This proposal is a supplemental grant award to our Air Pollution Contract. This is a cash funded program at the State level so it will have an effect on Amendment #1 in the budget.

M O T I O N

Commissioner Duvall moved that the Board approve the supplemental grant award to the Air Pollution Contract, as recommended by Ms. Arnett.

Motion carried 3 - 0.

D) CHILD HEALTH SERVICES: The Colorado Department of Health has awarded supplemental funding ($21,987) to the Well Child contract to expand services for 400 additional children. Acceptance of funding would require the addition of a 30% time PHN and a 5% Secretary for one year; to be added to existing part-time staff..

 

M O T I O N

Commissioner Disney moved that the Board approve the supplemental grant award of $21,987 for Child Health Services, as recommended by Ms. Arnett.

Motion carried 3 - 0.

2. APPOINTMENTS TO UNEXPIRED TERMS ON THE COMMUNITY ACTION BOARD:

M O T I O N

Commissioner Duvall moved that the Board approve the following appointments to the Community Action Board: Rochelle Stephens to fill the unexpired 3-year term of Sharon Olson, ending December 31, 1996; and Trish Davison to fill the unexpired 3-year term of Mike Wilson, ending December 31, 1993; and an additional 3-year term ending December 31, 1996; both appointments recommended by the Community Action Board.

Motion carried 3 - 0.

3. REQUEST FOR APPROVAL AND SIGNATURE ON A RESOLUTION REGARDING THE FEDERAL INTERMODAL SURFACE TRANSPORTATION EFFICIENCY ACT OF 1991 WHICH MANDATES STATEWIDE PLANNING ACTIVITIES AND THE DEVELOPMENT OF A STATEWIDE TRANSPORTATION IMPROVEMENT PROGRAM FOR ALL FEDERAL AID PROJECTS: Commissioner Disney explained that approval of this Resolution will consolidate the traditional County Hearings in each individual County into one County Hearing for Larimer, Weld, and Morgan Counties. This meeting, along with the North Front Range Transportation and Air Quality Planning Council, will be held on September 30, 1993 in Greeley, Colorado.

M O T I O N

Commissioner Duvall moved that the Board approve and the Chairman sign a Resolution consolidating Larimer, Morgan, and Weld Counties into the Upper Front Range Transportation Planning Region, as required by Statute.

Motion carried 3 - 0.

R93-117g RESOLUTION CONSOLIDATING LARIMER, MORGAN, AND WELD

COUNTIES INTO THE UPPER FRONT RANGE TRANSPORTATION

PLANNING REGION

 

4. WORKSESSION:

-- Mr. Gordon asked if the Board will be attending a Statewide Summit Meeting regarding economic development at Copper Mountain on September 14, 1993. The Board declined this invitation from Governor Romer, due to scheduling conflicts, but will ask Jill Bennett, Comprehensive Planner if she would like to attend.

-- The Board was requested to authorize the Chairman sign a letter to Loveland City Planner, Eric Thuerk, supporting the Chilson Stroh Addition to the City of Loveland, subject to the impacts on the County road system being successfully mitigated by the developer, through the City's Off-Site Street Improvement Policy, as suggested by Elaine Spencer of the Engineering Department. CONSENSUS OF THE BOARD was to authorize the Chairman to sign this letter, as requested.

-- Mr. Gordon noted that the next CCI 'Committee on the Future' Meeting will be held September 30, 1993 with the focus on the CCI membership fee structure. Mr. Gordon presented a listing of the 1993 CCI Assessments for each County. Mr. Gordon asked Chairman Hotchkiss and Commissioner Duvall if they had guidance to offer Commissioner Disney regarding this fee structure, as he will be attending this Meeting. They suggested Commissioner Disney ask if they need the amount of money that is assessed to each participating County.

-- Mr. Gordon informed the Board that their September calendar is so full, there will not be time to schedule a policy worksession this month.

5. COMMISSIONER'S REPORTS:

-- Commissioner Duvall requested a discussion of the five-year plan regarding road paving during the next Public Works Standing Meeting or policy worksession.

--- Commissioner Duvall reported she has talked to Larry Johnston about drafting policy on air quality standards for the County for the next Environmental Advisory Board Meeting .

-- Commissioner Disney reported that at a meeting he attended recently, two Loveland City Council Members indicated their support for a coordinated effort if the County and Fort Collins decide on GIS (Geographical Information Systems)

-- Commissioner Disney reported on a meeting he attended regarding development near the Fort Collins-Loveland Airport.

6. DOCUMENT REVIEW: The following documents, of a routine nature, were considered by the Board:

 

M O T I O N

Commissioner Duvall moved that the Board approve the Minutes for the week of August 23, 1993, and the Agenda for the week of September 6, 1993, as submitted.

Motion carried 3 - 0 .

LIQUOR LICENSES: Licenses were issued for the Summit Restaurant - 6% WITH EXTENDED HOURS - Loveland, CO.; and The Charco Broiler - 6% - WITH EXTENDED HOURS - Fort Collins, CO.

M O T I O N

Commissioner Duvall moved that the Board approve the following documents:

A93-146 AGREEMENT CONCERNING ROAD IMPROVEMENTS ON

COUNTY ROAD 70 BETWEEN BOARD OF COUNTY

COMMISSIONERS AND DONALD A. AND BARBARA L.

BALZANO

C93-44 CONTRACT BETWEEN THE BOARD OF COUNTY

COMMISSIONERS AND THE STATE OF COLORADO,

DEPARTMENT OF PUBLIC SAFETY, DIVISION OF

CRIMINAL JUSTICE (State Juvenile Diversion Funds)

R93-118s FINDINGS AND RESOLUTION CONCERNING THE PLAT

OF GURULE MINOR RESIDENTIAL DEVELOPMENT

R93-119s FINDINGS AND RESOLUTION CONCERNING THE PLAT

OF GALLEGOS MINOR RESIDENTIAL DEVELOPMENT

R93-120z SPECIAL REVIEW FINDINGS AND RESOLUTION CONCERNING

THE PETITION OF CRUTCHFIELD (Proposed Sawmill and Wood

Processing Operation in the O-Open Zone)

R93-121z SPECIAL REVIEW FINDINGS AND RESOLUTION CONCERNING

THE PETITION OF FORT COLLINS TRUSS (Manufacturing of Wood

Trusses for Wholesale Business in the O-Open Zone)

R93-122z SPECIAL REVIEW FINDINGS AND RESOLUTION CONCERNING

THE PETITION OF LONG'S PEAK INN (Proposed Camp and

Conference Center in the FO-Forestry Zone)

R93-123s FINDINGS AND RESOLUTION CONCERNING THE PLAT OF

SMITH MINOR RESIDENTIAL DEVELOPMENT

R93-124s FINDINGS AND RESOLUTION CONCERNING THE PLAT OF

ESTRADA MINOR RESIDENTIAL DEVELOPMENT

R93-125s FINDINGS AND RESOLUTION CONCERNING THE EHRLICH

MINOR RESIDENTIAL DEVELOPMENT

R93-126s FINDINGS AND RESOLUTION CONCERNING THE PLAT OF

TROST MINOR RESIDENTIAL DEVELOPMENT

R93-127rb FINDINGS AND RESOLUTION CONCERNING THE PROPOSED

STREET NAME KARL LANE (Street Name Change to Bluebird Lane)

R93-128s RESOLUTION REGARDING RELEASE OF COLLATERAL FOR

LAMADRINA MINOR RESIDENTIAL DEVELOPMENT (#S-12-89)

Motion carried 3 - 0.

At 10:00 a.m., County Attorney George Hass joined the meeting for Legal Matters.

M O T I O N

Commissioner Duvall moved that the Board go into Executive Session to discuss pending litigation.

Motion carried 3 - 0.

The meeting adjourned at 11:30 a.m.; no action taken.

 

 

______________________________________

COURTLYN W. HOTCHKISS, CHAIRMAN

BOARD OF COUNTY COMMISSIONERS

( S E A L )

ATTEST:

 

_______________________________

Sherry E. Graves, Deputy County Clerk

 

________________________________

Dolores Lord, Deputy County Clerk

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