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PROCEEDINGS OF THE BOARD OF COUNTY COMMISSIONERS

MONDAY, OCTOBER 16, 1995

SPECIAL MEETING TO APPROVE CONTRACT

The Board of County Commissioners met at 3:00 p.m. in regular session with Jeannine Haag, Assistant County Attorney. Chair Disney presided; Commissioners Clarke and Duvall were present. Also present was Frank Lancaster, County Manager. Recording Clerk, S. Graves.

Ms. Haag requested Board approval of a Contract for the sale of Lots 21 and 22, Crystal Lakes Thirteenth Filing, P.U.D.

M O T I O N

Commissioner Duvall moved that the Board approve the Contract to Buy and Sell Real Estate between the Board of County Commissioners and Robert L. Deaton, Jerry D. York and Sanara J. York for the sale of Lots 21 and 22, Crystal Lakes Thirteenth Filing, P.U.D.

Motion carried 3 - 0.

C95-56 CONTRACT TO BUY AND SELL REAL ESTATE BETWEEN

THE BOARD OF COUNTY COMMISSIONERS AND ROBERT L.

DEATON AND JERRY D. YORK AND SANARA J. YORK FOR

THE SALE OF LOTS 21 & 22, CRYSTAL LAKES THIRTEENTH

FILING, P.U.D.

The meeting recessed at 3:05 p.m.

LAND USE PLANNING MEETING

(#385 & #386)

The Board of County Commissioners reconvened at 7:00 p.m. in regular session with Russ Legg, Interim Planning Coordinator. Chair Disney presided; Commissioners Clarke and Duvall were present. Also present were: Richael Michels, Planner II; Harry Lynam, Project Engineer; Doug Ryan, Environmental Planner; and Jeannine Haag, Assistant County Attorney. Recording Clerk, S. Graves.

1. ARROW VALLEY RANCH SPECIAL REVIEW (#95-ZR0655)

SE 1/4 10-08-70 ON EAST SIDE OF COUNTY ROAD 29C, 3/4 MILE

NORTH OF STATE HIGHWAY 14; 20 ACRES; O-OPEN ZONING

This is a request for Special Review to allow a horse boarding operation for up to 15 horses on 20 acres. Mr. Michels described the proposal and reviewed the major issues and concerns; she noted that it is the opinion of staff that approval of this Special Review will actually lesson the impacts this property might otherwise have on adjacent properties. Ms. Michels reviewed the "substitute water supply plan", which includes renting shares of water from the City of Greeley to supplement the water stream, and she noted that confirmation of this plan has been received from the State Engineering Office. Staff Findings include: 1) This proposal complies with the intent and purpose of the Comprehensive Zoning Resolution; 2) This proposal is harmonious with the rural nature of the surrounding neighborhood; 3) This proposal will not impair the public health, welfare, etc. with undesirable sanitary conditions or adverse environmental impacts; 4) This proposal will significantly reduce the number of horses that can be kept on the property, lessening the potential horse related impacts on the property; 5) This proposal will not have a negative effect on the neighborhood.

Questions and discussion among the Board followed; Commissioner Clarke noted for the record that he has received additional letters regarding this proposal in addition to those included in the packet submitted for review. Richard Manges, attorney for the McDermotts, noted that the applicants are lifelong farmers and ranchers and they know how to be good farmers and good neighbors, and he reiterated that this special review is a less intensive use than is currently permitted. Bruce McDermott responded to questions about the lighting and noted that they are in the process of moving the lights so they will not shine on other properties, but only be directed onto the arena.

At this time, the hearing was opened for public comment. The following persons addressed the Board in support of the proposal: Mike Martin, Dwight Stevens, and Judy Stevens; they related how the McDermotts have improved the property since purchasing it, which has improved property values of the adjacent properties, they noted that Tonja McDermott is a young enterprising hard-working woman and skilled in ranching, and they stated that the McDermotts have tried to be good neighbors. The following persons addressed the Board in opposition to this proposal: Todd Mauer, Mike Shimshack, Gail Degroot, Bill Link, Tara Parr, R. A Schmidt, Larry Balch, and Gaylean Donohoe. Mr. Mauer stated that he lives next to a roping arena with unrestricted lighting and roping activities and it has been his experience that enforcement of conditions is inadequate and becomes the responsibility of adjacent property owners and places an unfair burden on them. Mr. Mauer recommended that the Board severely restrict the activities allowed and to consider specific steps for enforcement; he also recommended that landscaping should be required to mitigate illumination. Mr. Shimshack expressed concern that the proposed commercial development will have an adverse impact on the integrity of the neighborhood. Ms. Degroot stated that she welcomes the McDermotts as neighbors, but she does oppose their proposal as she is concerned about the limited water supply and she thinks the tranquillity of the neighborhood should be preserved. Commissioner Duvall asked about cattle on this property; Ms. Michels responded that there is no restriction on the number of cattle allowed, as long as it is not a feedlot operation. Ms. Haag concurred that there is no restriction in the O-Open zoning on the number of cattle allowed. Mr. Link expressed concern about the water issue and how the whole process has taken place. Ms. Parr noted concerns about the brightness of the lights, increased traffic, water issue, setting a precedent for more commercial business in the area, and the quietness of the neighborhood being disturbed. Pat Phelps, owner of the Deer Valley Ranch boarding facility, stated he is not opposing this proposal but spoke on behalf of the neighbors because he has seen the letters that neighbors have written against his place. Mr. Schmidt stressed the water issue. Mr. Balch noted that the McMurray Ranch Subdivision restrictive covenants state that there are not to be more than 4 horses per lot and in 1982 a 40-acre parcel, known as the Hibler Exemption, was divided off and one of the conditions was that there would be no more accesses to CR 29C, which indicates to him that the county did not want to further develop this valley; he noted there are less than 30 households in this valley and over 15 have expressed opposition to this proposal. Ms. Donohoe stated that fresh manure will burn the land and 20 acres isn't enough for 15 horses. Mr. Manges responded to the concerns raised and noted that this proposal is appropriate according to the zoning resolution and promotes the health, safety, morals, convenience, order, prosperity and welfare of the present and future inhabitants of the county and fosters the agriculture industry. Mr. Manges stated that the water issue is a legitimate issue and the applicants have agreed to a limitation from what zoning allows; he noted that all the neighbors have stated that the property looks better than it ever has, the McDermotts are good neighbors, and he believes that the restriction the McDermotts have agreed to will make it better for the neighbors than it is now.

Commissioner Clarke made it clear to Mr. Manges that this Special Review, if approved, will be nullified if the City of Greeley cannot provide the substitute water supply; Mr. Manges agreed.

At this time, the public hearing portion of the hearing was closed and opened for discussion among the Board. Commissioner Duvall reviewed the pros and cons of this proposal; she is concerned about the water issue and noted that, if this is approved, there should be more conditions, and this use should be allowed only for this owner. Commissioner Clarke put the water issue in perspective and expressed concern about consistency and equity as there are other businesses in the area; he agreed that this use should be tied specifically to this owner. Chair Disney stated this horse boarding operation will have a much smaller impact than the use by right. Commissioner Duvall stated that specific steps need to be outlined for the neighbors to follow regarding enforcement and notice given that if there are violations, this Special Review will be revoked; the Board concurred that a note should be included in the resolution that in the event the applicants fail to comply with any of the conditions, this special review may be revoked after notice and hearing. More discussion followed and the conditions of approval were amended as follows:

The Staff/Planning Commission Recommendation is for approval of the Arrow Valley Ranch Special Review to allow a horse boarding operation for not more than 15 horses, with the following conditions: 1) Animal wastes will be spread on the owners' field on a daily basis; 2) No public events may be held on the property including roping, rodeos, or riding shows; 3) The hours of operation shall be from 9 a.m. to 8 p.m. from April 1 through September 30 and from 9 a.m. to 7 p.m. during the remainder of the year; 4) All lighting must be in compliance with the Supplementary Regulations in the Zoning Resolution and must be directed away from neighboring streets and residences. Lighting may be utilized only during the specified hours of operation, and "barn doored" to direct the light onto the arena and screen the light source from adjoining property; 5) The applicant must comply with all requirements of the State Division of Water Resources with regards to well usage and supplemental water usage; 6) Dust, noise, and odor control must be done in accordance with the plan submitted by the applicant and any complaints regarding these issues must be addressed by the on-site manager in accordance with the plan approved by the Health Department; 7) Approval of this Special Review is specific to and limited to this owner; this Special Review approval will expire upon the conveyance of this property to another owner; 8) This Special Review can be revoked upon violation of any of these conditions after notice and hearing, as indicated by the Assistant County Attorney, Ms. Haag.

M O T I O N

Commissioner Clarke moved that the Board adopt the Staff Findings and Staff/Planning Commission Recommendations and approve the Arrow Valley Ranch Special Review (#95-ZR0655), with the conditions as amended and outlined above.

AMENDMENT TO THE MOTION

Commissioner Duvall moved that the Board amend Condition #5 to state that...in order to minimize ground water withdrawal, one-half of the water provided for watering the horses must be trucked in - approximately 75 gallons per day. Discussion followed; Ms. Michels noted that the State Division of Water Resources rejected this suggestion, which was originally proposed, and approved the "substitute supply plan" of renting shares of Greeley water to supplement the water stream.

Motion failed 3 - 0; Commissioner Duvall noting that she has been persuaded that the proposed amendment to the motion is not legally acceptable.

Original Motion carried 3 - 0.

The meeting adjourned at 9:45 p.m.


TUESDAY, OCTOBER 17, 1995

MEETING WITH THK ASSOCIATES REGARDING

FAIRGROUNDS MASTER PLAN

(#387)

The Board of County Commissioners met at 10:00 a.m. in regular session with Bob Holt, Fairgrounds Director. Chair Disney presided; Commissioner Duvall was present. Commissioner Clarke was absent. Also present were: Roger Fraser, Project Coordinator; and Neil Gluckman, Assistant County Manager. Recording Clerk, A. Jensen.

Today's meeting began with introductions of attendees. Mr. Holt stated that today's meeting was to update the Commissioners regarding the Fairgrounds Master Plan and briefly reviewed why they are examining the Fairgrounds. At this time, Mr. Holt turned the meeting over to Mr. Kevin Shanks with THK and Associates. Chair Disney inquired of Mr. Shanks as to when the Fairgrounds Master Plan will be complete. Mr. Shanks responded that the completion and presentation date is set for the end of the year.

Mr. Shanks detailed how they have undertaken the research for this master plan, as well as outline the content of today's meeting. Mr. Ed Hyatt, also an associate with THK, submitted a site analysis of the Larimer County Fairgrounds which depicts primarily the external factors and expansion potentials. Mr. Hyatt detailed the drawing for the Commissioners, responding to questions and comments. Discussion ensued regarding surrounding properties, potential expansion and parking problems experienced at the fairgrounds.

The meeting was then turned over to Mr. Mike Todd with Rocky Mountain Consultants. Mr. Todd reviewed the integrity of existing structures and the utilities that serve those structures all in light of expanding the fairgrounds. Mr. Hyatt noted that the 100 year flood plain incorporates approximately half the existing site; stormwater problems will need to be addressed at the fairgrounds. Discussion followed regarding this spring's over flow and how it's impact on the fairgrounds.

Mr. Roy Fronczyk, also with THK and Associates, distributed a summary of the survey conducted during the Larimer County Fair this summer, researching Fairground uses and user characteristics. The summary was reviewed by Mr. Fronczyk in great detail. It was noted that the Larimer County Fair and the Loveland Corn Roast Festival accounted for just over 55% of attendance at the fairgrounds in 1994; the remaining 45% is generated by various commercial, no charge and non-profit events at the fairground. Discussion of sales tax followed. Mr. Fronczyk will gather information regarding sales tax in Loveland for the Commissioners to examine. Much discussion followed regarding alternatives sites, the original request for proposal, and the future progress of this project. Mr. Fronczyk offered to help analyze budgets of other county fairgrounds and highlight those differences/similarities for the Commissioners. Chair Disney inquired as to where the fairgrounds stand with respect to other business's revenue generation. Mr. Shanks and Mr. Fronczyk will provide this information for the Commissioners.

The meeting adjourned at 11:30 a.m.

WEDNESDAY, OCTOBER 18, 1995

ADMINISTRATIVE MATTERS

(#388 & #389)

The Board of County Commissioners met at 9:00 a.m. in regular session with Frank Lancaster, County Manager. Chair Disney presided; Commissioners Clarke and Duvall were present. Also present were: Facilities Manager Dick Anderson; Budget Manager Bob Keister; Clerk and Recorder Myrna Rodenberger; Jim Stokes, Director of Information Management; Cynthia Young, Telecom Supervisor; Russ Legg, Interim Planning Coordinator; Gayle Morgan, Planning Staff Services Manager; John MacFarlane, Director of Parks; Ralph Jacobs, Human Resources Director; Neil Gluckman, Assistant County Manager; Joan Duchene, Commissioner's Office Supervisor; and Donna Hart, Assistant to the County Manager. Recording Clerk, S. Graves.

1. OPEN SESSION FOR PUBLIC COMMENT: No one appeared today for the public comment open session.

2. PROCLAMATION FOR RED RIBBON WEEK - OCTOBER 22-31, 1995: Pam Schanel of Team Fort Collins, Riffenburgh Elementary School Principal Dave Hodge, Poster Winner Jenna Hughes, Essay Winner Meghan Codd, and students Bretta Latona and Ben Palmer appeared before the Board to request they proclaim the week of October 22-31, 1995 as Red Ribbon Week. Meghan read aloud her essay, "Healthy Lifestyles Say No to Drugs".

M O T I O N

Commissioner Clarke moved that the Board proclaim the week of October 22-31, 1995 as Red Ribbon Week, and authorize the Chair to sign the proclamation.

Motion carried 3 - 0.

3. REQUEST FOR INCREASED FUNDS FOR ESTES PARK BUILDING: Mr. Anderson submitted a listing of the estimated start-up costs for the new Estes Park facility and requested authorization from the Board for an additional $111,924. Mr. Anderson noted that this expenditure will be for a .5 FTE Building Administrator and for signage, window coverings, tables, chairs, copiers, etc. for the common areas, general conference room, common office, reception areas for each department, and other miscellaneous items. Mr. Anderson explained that the Clerk & Recorder currently has a .5 FTE and the plan is for this person to become full-time and assume duties and responsibilities for all the departments with his salary pro-rated to each department. Much discussion ensued; Mr. Keister suggested that he and Mr. Anderson work together and develop a check-off list to be used in the future whenever the county considers a building, construction, or a remodeling proposal. Mr. Keister noted that this check-off list would have all the basic construction elements; such as, site acquisition, site preparation, utilities, telephone, furnishings, etc., and also include a column for future operating expenses. The Board concurred with this suggestion and Chair Disney decreed that from this time forward, as soon as this check list is completed, this check list is to be used by all departments.

M O T I O N

Commissioner Duvall moved that the Board approve the request for increased funding of $111,924, minus the $9,150 requested for the .5 FTE Building Administrator, for completion of the start-up costs for the Larimer County Estes Park facility; monies to be derived from the Capital Expenditures Fund.

Motion carried 3 - 0.

4. GOCO GRANT DISCUSSION: Mr. MacFarlane submitted a memo regarding county sponsorship of two separate GOCO grant requests for playground improvements; he noted that statutorily GOCO cannot give monies to anyone other than municipalities, county governments, etc., and school districts are not eligible and must go through the county to receive funds. Mr. MacFarlane informed the Board that this year the county does not have funds to match a GOCO grant and therefore will not be applying for a grant. Mr. MacFarlane recommended that, if the Board approves these requests, an agreement should be signed between the county and the school district before application is made for the grants. Discussion followed.

M O T I O N

Commissioner Duvall moved that the Board authorize Mr. MacFarlane to work with the school districts in partnership in applying for two separate GOCO grant requests from the Cache La Poudre Elementary Playground Committee and Carrie Martin Elementary School PTO for school playground project improvements.

Motion carried 3 - 0.

5. SOLE SOURCE PURCHASING REQUEST FROM PLANNING: Mr. Legg and Ms. Morgan requested the Board to waive the county purchasing policy and accept Sage V Consulting and Cottonwood Consulting as sole sources for services for the initial phase of the PLUS communications plan and for environmental assessment guidelines for PLUS.



M O T I O N

Commissioner Clarke moved that the Board waive the county purchasing policy and approve the sole source purchase of services from Sage V (5) Consulting for the initial phase of the PLUS communications plan and from Cottonwood Consultants for environmental assessment guidelines for PLUS, pending review by the County Attorney and Purchasing Department.

Motion carried 3 - 0.

6. OUTLINE FOR EXTERNAL STRATEGIC PLAN: Mr. Gluckman presented an outline of the Larimer County External Strategic Planning Session for the Board's review. The outline described the purpose, process, attendees, and the proposed agenda for the planning session, which will be a two-day strategic planning retreat for community leaders, and will be held in Estes Park in April of 1996. The Board reviewed the outline and offered a number of suggestions for Mr. Gluckman regarding attendees and expanding the list of external factors which will have an impact in the county in the next 5-10 years.

7. REQUEST FOR EXCEPTION TO THE COUNTY SICK LEAVE POLICY: Mr. Jacobs received a request from Dr. Adrienne LeBailly for the Board to approve a waiver of the Larimer County Personnel Policy to allow employees to transfer up to 174 hours of sick leave to Melanie Benninghoven for time off to care for her husband who has a life threatening illness; Mr. Jacobs recommends the Board approve this request.

M O T I O N

Commissioner Clarke moved that the Board approve the request from Dr. LeBailly to grant an exception to the Larimer County Personnel Policy and allow employees to donate up to 174 hours of sick leave to Melanie Benninghoven, an employee in the Health Department.

Motion carried 3 - 0.

8. APPOINTMENTS TO THE OFFICE ON AGING ADVISORY COMMITTEE: Chair Disney reported that he and Ms. McGraw conducted interviews of both of the candidates applying for the OOA Advisory Council; he noted they are both very qualified and he recommends they be appointed.

M O T I O N

Commissioner Duvall moved that the Board appoint William E. Kelso and Rene Moquin to the Office on Aging Advisory Council, each for a two-year term ending June 30, 1997.

Motion carried 3 - 0.

9. WORKSESSION:

-- Noise Ordinance: Mr. Lancaster informed the Board that currently there are guidelines to follow regarding noise and health but there is a huge difference between nuisance noise and noise that is damaging to health; he asked the Board if they would like to pursue having a noise ordinance written, as many complaints have been received recently regarding nuisance noise. Mr. Lancaster noted that the county has the ability to do a nuisance ordinance and he will look into what other counties and municipalities do. The Board directed Mr. Lancaster to work with the Sheriff's Department on writing a noise ordinance and determine a method for enforcement; Chair Disney suggested they also need to consider drafting a loitering ordinance.

-- Comments on Gateway 2000: Mr. Lancaster reported he received a FAX from Dale Hall, Chair Weld County Commissioners, requesting comments from the Board on the North Front Range Regional Vision and Interregional Council recommendations, which were generated as part of the Governor's Smart Growth process. The Board's comments will be considered before the final documents are presented at the statewide summit on November 4, 1995.

-- Meeting with City of Loveland: Mr. Lancaster reminded the Board of their meeting with the City of Loveland next Tuesday, October 24, 1995 at 5 p.m. in the Loveland City Council Chambers.

-- Report on Meeting with Boulder County Commissioners: Mr. Lancaster reported on the Boulder County Commission Meeting he attended yesterday.

-- Items for Next Policy Worksession: Mr. Lancaster reviewed the agenda items for Policy Worksession; discussion followed regarding other items to include on the agenda.

-- Invitations: Ms. Hart reviewed the pending invitations with the Board and they indicated to her which ones they could accept. Ms. Hart submitted a draft copy of the invitation to the 1st Annual Reception honoring the Larimer County Boards and Commissions Members to be held on November 14, 1995 and requested comments from the Board; the Board approved the invitation as presented.

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

M O T I O N

Commissioner Clarke moved that the Board to into Executive Session at 11:45 a.m. to discuss a personnel matter.

Motion carried 3 - 0.

The Board came out of Executive Session at 11:50 a.m. and took the following action.

M O T I O N

Commissioner Clarke moved that the Board approve an Agreement and Release regarding the termination of employment for Barbara Miller in the Social Services Department, and authorize the Chair to sign same.

Motion carried 3 - 0.

A95-114 AGREEMENT AND RELEASE BETWEEN THE BOARD OF

COUNTY COMMISSIONERS AND BARBARA MILLER

(Termination of Employment in Social Services Department)

11. DOCUMENT REVIEW:

M O T I O N

Commissioner Duvall moved that the Board approve the Minutes for the week of October 9, 1995, as submitted.

Motion carried 3 - 0.

M O T I O N

Commissioner Clarke moved that the Board approve the Schedule for the week of October 23, 1995, as submitted.

Motion carried 3 - 0.

M O T I O N

Commissioner Duvall moved that the Board approve the following documents as listed on the Consent Agenda on Document Review for October 18, 1995.

MISCELLANEOUS DOCUMENTS: Ptarmigan Amended Plat; Mountain Range Shadows Amended Plat; and Personnel Authorization Request for Health & Environment Department. LIQUOR LICENSES: Licenses were issued to: The Fort Collins Country Club - 6% WITH EXTENDED HOURS - Fort Collins, CO. and The Mexican Inn - 6% - Loveland, CO. County Approval was granted to: Verns Liquor - 6% - LaPorte, CO.; River Forks Stage Stop - 6% - Drake, CO.; Cow Palace - 6% - Fort Collins, CO.; Schrader Country Store #440 - 3.2% - Fort Collins, CO.; Columbine Lodge - 3.2% - Bellvue, CO.; and The Loyal Order of Moose, Lodge #275 - 6% - Fort Collins, CO.

C95-57 CONTRACT BETWEEN THE BOARD OF COUNTY

COMMISSIONERS AND THE STATE OF COLORADO,

DEPARTMENT OF LOCAL AFFAIRS (Headstart Play

Ground Equipment)

R95-164s AMENDED FINDINGS AND RESOLUTION NAMING ROADS

IN BEAVER MEADOWS AREA

Motion carried 3 - 0.

The meeting adjourned at 11:55 a.m.


______________________________________

JIM DISNEY, CHAIR

BOARD OF COUNTY COMMISSIONERS

( S E A L )

ATTEST:


___________________________________________

Sherry E. Graves, Deputy County Clerk


___________________________________________

Aimee Jensen, Deputy County Clerk

October 18, 1995

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