PROCEEDINGS OF THE BOARD OF COUNTY COMMISSIONERS

MONDAY, OCTOBER 18, 1993

SUBDIVISIONS

The Board of County Commissioners met at 9:00 a.m. in regular session with John Barnett, Director of Planning. Chairman Hotchkiss presided; Commissioner Disney and Duvall were present. Also present were: Al Kadera, Subdivision Administrator; Russ Legg, Development Processing Administrator; Jerry White, Zoning Administrator.; Elaine Spencer, Manager of Engineering Operations and Planning; Jerry Blehm, Environmental Health; and Jeannine Haag, Assistant County Attorney. Recording Clerk, S. Graves.

Mr. Barnett informed the Board that the Vista View Estates Planned Unit Development (#93-MS0284) has been withdrawn by the applicant.

Mr. Barnett requested the Board to table the Crossheart Equestrian Special Review (#93-ZR0304) and the Goose Hollow Estates Subdivision (#93-SU0330) until November 22, 1993; and table the Rocky Ridge Sporting Club (#93-ZR0305) until December 13, 1993.

M O T I O N

Commissioner Disney moved that the Board table the Crossheart Equestrian Special Review (93-ZR0304) and the Goose Hollow Estates Subdivision (#93-SU0330) until November 22, 1993; and table the Rocky Ridge Sporting Club (#93-ZR0305) until December 13, 1993, as requested by Mr. Barnett.

Motion carried 3 - 0.

1. DOUBLE L RANCH REZONING AND SPECIAL REVIEW (#92-MZ0186)

SE 1/4 21-09-72; ONE MILE SOUTHWEST OF GLACIER VIEW

MEADOWS 6TH FILING; 116 ACRES; 3 LOTS (10-18-93)

This request for rezoning from E-Estate to O-Open and Special Review to allow a guest ranch/retreat center was heard by the Board on September 13, 1993 and tabled until today to allow time to resolve the access issue. Today, the Board was requested to continue this matter under advisement until November 1, 1993.

M O T I O N

Commissioner Duvall moved that the Board continue under advisement the Double L Ranch Rezoning and Special Review until November 1, 1993.

Motion carried 3 - 0.

2. TRI-CITY SUBDIVISION & REZONING (#93-MS0329): NW 1/4

36-05-69; 1300 FEET SOUTH OF COUNTY ROAD 14, BETWEEN

COUNTY ROAD 15, (GARFIELD) AND US HIGHWAY 287;

6.58 ACRES; 2 LOTS; R-1 ZONING (10-18-93)

This is a request to divide 6.58 acres into two lots, one of 2.5 acres for single family residential, and one lot of 4.18 acres for a landscaping business; and to rezone the 4.18 acre lot to C-Commercial. Mr. Kadera noted that the applicant and Staff are in agreement, but some of the neighbors have expressed concerns. Staff Findings include: 1) The proposed uses of this site, a landscaping business and a single family dwelling, are consistent with the existing uses in the immediate area; 2) The nursery should be limited to serve just the landscaping business. Any additional retail or other use of the nursery should be reviewed by the Board of County Commissioners; 3) Waivers of the Supplemental Regulations contained in the Intergovernmental Agreement for the Loveland Urban Growth Area are necessary to the approval of this project. The Intergovernmental Agreement suggests that waivers are appropriate will not result in any unplanned public expense to provide service to this site; 4) Approval of the Rezoning and Preliminary Plat, with the following conditions, will not result in any significant negative impacts on surrounding properties, utility services, transportation facilities, or the natural environment.

The Planning Commission/Staff recommendations are for Approval of the Rezoning of a portion of the site to C-Commercial with the condition that the use be limited strictly to a landscaping business and an accessory nursery. Any additional structures or expansion of the nursery to include retail sales must be approved by the Board of County Commissioners by amending this condition of approval; Approval of the Waiver from the public sewer requirement with the condition that this site is required to connect to public sewer when it becomes available; Approval of the Waiver from the requirement that the site be contiguous with existing development; Approval of the Waiver from the off-site street capacity requirements with the condition that the applicant pay a fee for each lot in lieu of improving Garfield Avenue. The fee shall be established by the County Engineer and the City of Loveland and shall be collected when building permits are issued for the principal building on each lot. The applicant shall be required to sign a binding annexation agreement that will be recorded with the Final Plat; and Approval of the Preliminary Plat for Tri-City Subdivision with the following conditions: 1) The Final Plat shall be completed in strict conformance with the conditionally approved Preliminary Plat; 2) Final construction plans shall be reviewed and approved by the County Engineer, County Drainage Administrator; Loveland Fire Department, the Little Thompson Water District, and the State Highway Department before a Final Plat is approved; 3) The following notes shall appear on the Final Plat: A) The Larimer County Park Fee for the Loveland Urban Growth Area shall be collected when a building permit is issued for a single family dwelling on Lot 1; B) Engineered foundation plans shall be required for any construction on this site; C) Drainage Fees, if applicable, shall be collected when building permits are issued for structures on this site; D) Direct access to Highway 287 shall not be permitted from this site; 4) Development of the site is limited to those elements shown on the Preliminary Plat. Any other structures or land uses must be approved by the Board of County Commissioners by amending the conditions of approval for the rezoning; 5) No off-premise signs will be allowed on the property. Ms. Spencer and Mr. Blehm noted they do not have a problem with the request for waivers. Since there were no neighbors present for today's hearing to cite their concerns, the following motion was made:

M O T I O N

Commissioner Disney moved that the Board adopt the Staff Findings and Staff/Planning Commission Recommendations and approve the Tri-City Subdivision and Rezoning, with the waivers as outlined above.

Motion carried 3 - 0.

3. MANOR RIDGE ESTATES PLANNED UNIT DEVELOPMENT 5TH

FILING (#93-MS0283): NW 1/4 24-06-69; EAST OF US HIGHWAY

287, SOUTH OF COUNTY ROAD 32; 4.05 ACRES; 10 LOTS;

FA-FARMING ZONING (10-18-93)

This is a request to amend the Master Plan and Sketch Plan by dividing 4.05 acres into ten lots of about 15,000 square feet each for single family dwellings on Tract C of Manor Ridge, 1st Filing. Mr. Kadera provided the background of this item, reviewed the major concerns and issues, and noted that a survey was conducted among the homeowners in Manor Ridge Estates--70% were in favor and 30% against the replating of Tract C. Staff Findings include: 1) Manor Ridge Estates Master Plan (Midland Greens and Estates West) was approved in 1988; 2) This proposal is to amend the Master Plan to allow a total of 125 lots on 114 acres. The original Master Plan included 120 lots; 3) The property in question was designated as a Community Use Area on the original Master Plan. This area would have accommodated a church, day care center or any other use that clearly benefits the residents of Manor Ridge. Any use on this site is subject to the review and approval of the Board of County Commissioners through a process similar to the Special Review procedure outlined in the Zoning Resolutions; 4) The proposed ten lot project is consistent with existing residential lots in the immediate area and is preferable to a more intensive commercial-type use, such as a church; 5) Approval of Manor Ridge Fifth Filing, with the following conditions, will not result in any significant negative impacts on surrounding properties, utility services, transportation facilities, or the natural environment.

Brad Bennett, Board of Director of Manor Ridge Estates Homeowner's Association, addressed the Board and stated that this plan is a more desirable use of the land than the "Community Use" originally designated.

The Staff/Planning Commission recommendations are for Approval of the Amended Master Plan for Manor Ridge Estates Planned Unit Development; Approval of the Preliminary Phase Plan for Manor Ridge Estates Fifth Filing with the following conditions: 1) The Final Plat shall be completed in strict conformance with the conditionally approved Phase Plan; 2) Final construction plans shall be reviewed and approved by the County Engineer, County Drainage Administrator, Loveland Fire Department, Fort Collins-Loveland Water District, and South Fort Collins Sanitation District before a Final Plat is approved; 3) The following notes shall appear on the Final Plat: A) Larimer County Park Fees shall be collected when building permits are issued for single family dwellings on these lots; B) Engineered foundation plans shall be required for any construction on this site; C) The results of a radon detection test shall be submitted to the Planning Division before a Certificate of Occupancy is issued for any single family dwelling on this site; D) Each property owner shall be responsible for keeping driveway culverts and drainage ditches free from silt, debris, weeds, and landscaping materials that may impede the flow of runoff; 4) A note shall appear on the Final Plat to indicate that the Public Service gas line easement along the north side of Lot 1, Block 1 shall not be fenced or landscaped in a manner that would restrict ready access to the gas line; 5) Setbacks shall be noted on the Final Plat. The 35-foot setback along Midland Drive shall be maintained for all lots along this street; 6) It shall be noted on the Final Plat that none of these lots are allowed direct access to Midland Drive. All access must be from the cul-de-sacs; 7) All protective covenants and other restrictions that apply to Manor Ridge Estates shall also apply to these lots. This can be accomplished by recording a supplemental filing to the existing covenants; 8) The application will be redone (by the applicant with Staff's assistance) showing the 8 lots redrawn to be more compatible in size to the lots to the east and south of the property.

M O T I O N

Commissioner Disney moved that the Board adopt the Staff Findings and Planning Commission/Staff Recommendations and approve the Amended Master Plan for Manor Ridge Estates PUD and Preliminary Phase Plan Manor Ridge Estates Fifth Filing, with the conditions as amended and outlined.

Motion carried 2 - 1; Commissioner Duvall dissenting.

4. PANORAMIC WEST SUBDIVISION (10-18-93)

A request for a building permit hold from the Loveland Fire Department was heard by the Board on October 4, 1993 and tabled and retabled until today in an attempt to resolve this matter. Mr. Legg noted that several meetings with the Fire Department and Water District have been held, but no resolution has been reached. Bob Starman, Loveland Fire Department, addressed the Board and noted that this subdivision was approved three years ago with no problem; however, in July of this year they started receiving phone calls of complaints of low or no water pressure in the area. Mr. Starman described three very costly options for permanent solution to the problem. Karen Patchel, homeowner, described the situation which existed at her home last summer--during the main part of the day, they could not get a drop of water from their faucets and could not flush toilets. She stated that her rights as a citizen and property owner were not being met--as a taxpayer, she has a right to adequate fire protection. Greg Sayhan, homeowner, suggested the Water District provide a temporary solution by installing a domestic pump station--approximately $300,000. Ken Morey, developer and builder, was sympathetic with the homeowners, but stated he has no control over the situation any more--it is of concern to the Little Thompson Water District. The problem has arisen because the Water District has assumed too much and cannot meet the demand for water. There was general agreement among everyone present that public safety is paramount and that a serious problem exists which needs to be resolved. There was no one present for today's hearing from the Water District. A moratorium on ALL building requests to be serviced by Little Thompson Water District was discussed; but the legality of the County issuing a moratorium on all subdivisions, which have been previously approved, was questioned. It was recommended that the Water District be notified that the Board is extremely concerned with this situation and will have Staff determine whether or not the promises which the Water District made to the Board are being kept. A letter will be sent to the Water District informing them that the Board will not approve any more subdivisions which are to be served by their District until they can assure the Board that everyone can be served adequately. In the meantime, Ms. Haag will look into the legality of whether or not the Board can issue a moratorium on building permits for subdivisions already approved.

M O T I O N

Commissioner Duvall moved that the Board approve the request from the Loveland Fire Department to put a building permit hold on any requests to be served by the Little Thompson Water District, and direct Legal Staff to determine what the Board's legal ability is in the future.

Motion failed 1 - 2; Chairman Hotchkiss and Commissioner Disney dissenting.

M O T I O N

Commissioner Duvall moved that the Board table this matter until November 15, 1993, direct Planning Staff to contact Little Thompson Water District, and the County Attorney research the legality of withholding building permits in existing subdivisions and determine the best legal course of action.

Motion carried 3 - 0.

The meeting adjourned at 11:10 a.m.

TUESDAY, OCTOBER 19, 1993

PUBLIC WORKS STANDING MEETING

(#363 @ 1400)

The Board of County Commissioners met at 9:30 a.m. in regular session with Rex Smith, Public Works Director. Chairman Hotchkiss presided; Commissioners Disney and Duvall were present. Also present were: Elaine Spencer, Manager Engineering Operations and Planning, and Bill Gordon, County Administrator. Recording Clerk, S. Graves.

1) Wellington Shop Site Reimbursement: Mr. Smith reported that after attempting for two years to get State approval for reimbursing the clean-up costs for the Wellington Shop site remediation, a recommendation will be made by the Colorado Department of Health at a meeting in Denver this week for Larimer County to receive $28,000; and a supplemental request for additional expenses incurred at this site will also be submitted.

2) Shields Shop Site Remediation: Mr. Smith reported that excavation has been completed and the water treated at the Shields Shop Site; the water will be sampled again in two months. Mr. Smith was requested to inform the public when cleanup is completed.

3) Shoulder Sweeping: Subsequent to receiving a call concerning shoulder sweeping, Mr. Smith reported to the Board that in general they do not sweep shoulders; they have swept them occasionally in the past in preparation for a major bicycle race. Mr. Smith stated that he is preparing a list of items he would like to discuss with the Board for guidance and direction; such as, shoulder sweeping, the chip and seal program, subdivision road maintenance, urban services, capital outlay replacement, etc. Presently, the replacement value on fleet is approximately $12,000,000, replacement life is 10 years and it costs $1 million per year to keep up with replacement; they may have to cut back on construction to finance maintenance. There was discussion of leasing large pieces of equipment in the future.

4) SRHIP (Short-Range Highway Improvement Program): As requested by the Board previously, Mr. Smith discussed the SRHIP with John Barnett, Director of Planning. Mr. Barnett did not have concerns with the projects proposed and indicated that the amount of road construction in the County is so minimal that the impact will not encourage or discourage development. Much discussion followed; Commissioner Duvall wants zoning, land use planning, subdivision planning, and consideration of which roads are to be paved to be considered simultaneously. Mr. Smith stated the problem may solve itself--without an increase in funds, we will be back to just road maintenance.

5. Street Light at Berthoud: Mr. Smith received a call from the Berthoud Town Administrator concerning a number of requests for a street light at Bunyan and County Road 17. Mr. Smith will contact REA or Public Service and come up with costs and informed the Town Administrator that the County might be receptive to installing or paying for the cost of the light installation.

6. Carriage Hills: Mr. Smith reported that the residents of Carriage Hills are concerned that the referendum for a mill levy increase to resurface Carriage Drive and road maintenance in Carriage Hills will be defeated and wondered if the County will take over road maintenance if it does fail. Mr. Smith provided the background for the road maintenance in this area, noting that the responsibility for road maintenance has passed from the residents, to the County, and back to the residents when a general improvement district was formed. Currently, the County contributes $1500/year for snow removal and pays $5,000/year which is used to contract for maintenance and drainage ditch cleaning; and a Memorandum of Understanding exists between the district and the County, which states that either party can terminate the agreement with 30 days notice. The Board indicated that the County will assume the responsibility, but will maintain the roads at the level they maintain all the roads in the County, and anticipates that the residents will not be satisfied.

7. Statewide Transportation Funding Effort: Ms. Spencer reported that DRCOG is promoting a statewide effort to increase funding for transportation and requested direction from the Board regarding Larimer County's participation in this effort. They will have a workshop in January 1994 and will be looking at statewide needs and available resources.

8. Other Discussion Items: Commissioner Disney stated that the City of Loveland may request the County to participate in the upgrading of First Street and County Road 9 to serve CMS (Colorado Memory Systems). The Board will review and discuss this matter further at a later time.

Chairman Hotchkiss reported that the bridge on County Road 68E is about completed, looks terrific, and all the residents are happy.

The meeting recessed at 10:25 a.m.

MEETING ON ESTES PARK TRAILS

(#364)

The Board of County Commissioners reconvened at 10:30 a.m. in regular session with John MacFarlane, Director of Parks. Chairman Hotchkiss presided; Commissioners Disney and Duvall were present. Also present were: Gary Klaphake and Rich Widmer, Estes Park Town Administrator and Assistant Administrator; Stan Gengler, Estes Valley Recreation District; Rex Smith, Director of Public Works; Elaine Spencer, Manager of Engineering Operations and Planning; K-Lynn Cameron, Parks Planner; and Bill Gordon, County Administrator. Recording Clerk, S. Graves.

Mr. Klaphake stated that the Estes Valley Recreation and Park District, Larimer County, and the Town of Estes Park have identified the need to plan and construct a hike/bike trail system in the Estes Valley. An Estes Valley Hike/Bike Committee was established and has proposed the establishment of an intergovernmental agreement between the entitites. Mr. Klaphake showed slides of the proposed hike/bike trail and noted that the first phase is from the Chamber of Commerce Building to Lakefront Street and will cost approximately $250,000. The proposed budget is $50,000 for Larimer County, $50,000 for EVRPD, and $150,000 for the Town of Estes Park. The responsibilities and assignments of each entity were reviewed and it was noted that the project should be completed by August 1, 1994. Mr. Klaphake stated that the County's help will springboard the project and get the momentum going; they hope they will not have to return to the County for help with Phase Two. A draft of the intergovernmental agreement will be forwarded to the Board for their review. Mr. Gengler noted that application will also be made for an ISTEA (Intermodal Surface Transportation Efficiency Act) Grant.

Mr. MacFarlane stated that this plan fits into the Estes Valley Trail Plan and is totally in line with the Larimer County Park's Master Plan. Funds for the first phase of this hike/bike trail system will be derived from the lottery money received by the Parks Department. Mr. MacFarlane will return to the Board with a supplemental budget for '94.

The meeting adjourned at 11:10 a.m.

WEDNESDAY, OCTOBER 20, 1993

ADMINISTRATIVE MATTERS

(#364 @ 1400)

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: Sheriff Richard Shockley; Laurie Klith, Sheriff's Department; Steve Miller, Ron Kerr, Bobby Cullor, and Lee Williams, Assessor' and Deputy Assessors; and Jim Stokes and Sue Cottingham, Information Management. Recording Clerk, S. Graves.

1. PRESENTATION OF THE PROCLAMATION REGARDING 'RED RIBBON WEEK - OCTOBER 23 - OCTOBER 31, 1993": Ms. Klith introduced the Principal, Teacher, and Children from Irish Elementary School, and requested the Board to proclaim next week as "Red Ribbon Week". The children presented red ribbons to the Board members and Staff. Commissioner Duvall read the Proclamation aloud and made the following motion:

M O T I O N

Commissioner Duvall moved that the Board proclaim the week of October 23 - October 31, 1993 as "Red Ribbon Week" and authorize the Chairman to sign the Proclamation.

Motion carried 3 - 0.

2. REQUEST FOR APPROVAL AND SIGNATURE ON THE 'SYSTEM AND SERVICES AGREEMENT": Mr. Miller requested Board approval of a Systems and Services Agreement for certain computer software, hardware, and services for use by the County Assessor in appraising commercial properties. A decision package of $40,000 for this software was approved last year by the Board, but the software and networking of the PC's will come to $48,883; the additional amount will be absorbed by the Assessor's Office from the '93 budget.

M O T I O N

Commissioner Disney moved that the Board approve the System and Services Agreement with Convergent Connections, Inc., and authorize the Chairman to sign same, as requested by Mr. Miller.

Motion carried 3 - 0.

A93-161 SYSTEM AND SERVICES AGREEMENT BETWEEN THE

BOARD OF COUNTY COMMISSIONERS AND CONVERGENT

CONNECTIONS, INC. (Assessor's Software - Commercial)

3. WORKSESSION:

-- A request was received from Stan Everitt for the County to contribute $2,000 for printing a "Quality of Life Indicator" booklet. Commissioner Duvall thinks the idea proposed is good, but needs to include other factors, such as: median income, affordable housing, number of elderly without primary care physician, air quality measured by various factors, etc. She recommended the Board support the study, but suggest other criteria be included. As they are also requesting $2,000 from the City, Commissioner Disney would like to know their feeling about this request. CONSENSUS OF THE BOARD was for Commissioner Duvall and Mr. Gordon to request input regarding this matter from related Larimer County Staff.

-- Mr. Gordon asked the Board if they have a preference date for the Commissioner's Christmas Party; the Board directed Mr. Gordon to choose a date that is compatible with their schedule.

-- Mr. Gordon suggested that Lisa Sadar, Humane Society Executive Director, should be invited to attend the meeting scheduled with Marla Hehn, Assistant County Attorney,

to discuss the concerns the Board has with the Humane Society Agreement and Ordinance in an attempt to reach a reasonable agreement with the Humane Society for next year. The Board directed Mr. Gordon to schedule this meeting.

-- Mr. Gordon informed the Board that Marj Walsh, Care-A-Van Executive Director, called to report that Care-A-Van has received a $75,000 grant from the Federal Government.

-- Mr. Gordon reported that Larry Grauberger, State of Colorado Youth Services Regional Manager, called to say the State wants to meet with the Board to discuss the Juvenile Detention Center.

-- Sgt. Bill Nelson called Mr. Gordon to report that he does not have the final figure on the cost of the fire, but will have soon; he estimates the cost will be $300,000 with approximately $100,000 being County responsibility.

-- Mr. Gordon advised the Board he has arranged a meeting on November 9, 1993 at 2:00 p.m. with Dr. LeBailly, and Dr. Johnston to discuss the status of the recommendations made by Dr. Johnston for the Dehydrator Task Force.

4. COMMISSIONER'S REPORTS:

-- Chairman Hotchkiss reported he toured the Courthouse with Sally Norman, Coloradoan Reporter, for her to become aware of the courtroom space shortage.

-- Commissioner Disney reported he met with Glen Gibson, President Little Thompson Water District, to discuss the water shortage problem in Panoramic West Subdivision.

-- Commissioner Disney reported that Norb Aldrich, Estes Park Council Member, passed away and Gary Brown has been appointed to replace him.

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

M O T I O N

Commissioner Disney moved that the Board approve the Minutes for the week of October 11, 1993 and the Agenda for the week of October 25, 1993, as submitted.

Motion carried 3 - 0.

LIQUOR LICENSES: Licenses were issued for American Legion Post Home Association, George Beach Post No. 4 - 6% WITH EXTENDED HOURS - Fort Collins, CO; La Chaumiere, Inc., - 6% WITH EXTENDED HOURS - Lyons, CO; Beaver Inn - 6% - Red Feather, CO; and Columbine Lodge - 3.2% - Bellvue, CO.

M O T I O N

Commissioner Disney moved that the Board approve the following documents:

 

C93-55 CONTRACT BETWEEN THE BOARD OF COUNTY

COMMISSIONERS AND THE STATE DEPARTMENT OF

LOCAL AFFAIRS, DIVISION OF HOUSING

(Crossroads Safehouse Expansion Project)

C93-56 EXHIBIT "A" SCOPE OF SERVICES FOR CARE-A-VAN

SPECIAL FUNDING (Human Resources Contract Attachment)

R93-163z FINDINGS AND RESOLUTION CONCERNING THE WAIVER

REQUEST OF ABC STORAGE

Motion carried 3 - 0.

The meeting recessed at 10:35 a.m.

LEGAL MATTERS

The Board of County Commissioners reconvened at 1:30 p.m. with George Hass, County Attorney. Chairman Hotchkiss presided; Commissioners Disney and Duvall were present. Also present was Bill Gordon, County Administrator. Recording Clerk, S. Graves.

M O T I O N

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

Motion carried 3 - 0.

The meeting adjourned at 2:15 p.m.; no action taken.

 

 

_____________________________________

COURTLYN W. HOTCHKISS, CHAIRMAN

( S E A L )

ATTEST:

 

 

_____________________________________

Sherry E. Graves, Deputy County Clerk