Loveland Bike Trail
 

PROCEEDINGS OF THE BOARD OF COUNTY COMMISSIONERS

TUESDAY, FEBRUARY 20, 1996

LAND-USE PLANNING MEETING

(#441)

The Board of County Commissioners met at 9:00 a.m. in regular session with Jerry White, Zoning Administrator. Chair Clarke presided; Commissioners Disney and Duvall were present. Also present were: Carol Evans, Planner I; Harry Lynam, Project Engineer; Doug Ryan, Environmental Health Planner; and Jeannine Haag, Assistant County Attorney. Recording Clerk, S. Graves.

1. HORSETOOTH RETRIEVERS SPECIAL REVIEW (#95-ZR0710):

SW 1/4 01-08-68, EAST SIDE OF COUNTY ROAD 3, 1/2 MILE SOUTH

OF COUNTY ROAD 62 (2 MILES SOUTHEAST OF WELLINGTON)

48 ACRES; 1 LOT; AGRICULTURAL/RESIDENCE EXISTING LAND USE

This is a request for approval of a Special Review for a dog training kennel for up to 30 retrievers on 48 acres. Ms. Evans described the project and location and reviewed the major concerns and issues. Staff findings include: 1) The subject property for the proposed Horsetooth Retrievers Special Review is zoned O-Open. Permitted uses and uses by Special Review in the Open District are primarily of an agricultural nature and/or uses that require large land areas somewhat remote from residential development; 2) The proposed kennel and dog training for the Horsetooth Retrievers operation are permitted by Special Review in the Open District; 3) The property is designated as "Rural" by the Larimer County Land Use Plan. The proposed use is compatible with existing uses in the area. The proposed use meets the intent of the Comprehensive Plan; 4) Approval of the Horsetooth Retrievers Special Review, with certain conditions, should not result in any significant negative impacts on surrounding properties, provision of services or transportation, or property values and will not impair the public health, safety or welfare.

The Planning Commission/Staff recommendation is for approval of the Horsetooth Retrievers Special Review, with the following conditions: 1) Unless otherwise modified by the following conditions, all development and use of the subject property shall be consistent with Zoning File Exhibit A (Horsetooth Retrievers Application for Special Review and project site plan). Failure to operate in compliance with the conditions of this Special Review may result in reconsideration of the Special Review by the Board of County Commissioners; 2) A maximum of 21 runs shall be permitted. A maximum of 30 dogs may be kept on the property; 3) No more than 2 additional employees, beyond the two operators/employees noted in Zoning File Exhibit A, shall be allowed without further review and approval by Larimer County; 4) The applicants shall submit a noise mitigation plan; such a plan must be approved by the Larimer County Health Department.

Applicant Kenny Trott addressed the Board and stated that operation of this kennel is a goal and dream he has had for a long time--this is his profession and he works hard at it. Mr. Trott described the improvements he has made to the property and noted he has tried to be a neighborly neighbor; he described the operation of the kennel facility and the noise mitigation plan. The following adjacent property owners and several clients spoke for approval of this Special Review: Dave Wolfe, Steve Secor, Dirk Neven, Dr. John Mulnix, and John Bayer. These persons stated that since Mr. Trott purchased the property, he has cleaned it up 150%, which has increased the value of the property, is extremely conscientious and meticulous about his property, made a positive contribution to the neighborhood, and is a sincere person who cares about his dogs. Clients Mr. Neven and Mr. Bayer stated that the quality of care and professionalism the Trotts exhibit is outstanding and far exceed other kennels with which they have had experience. Dr. Mulnix stated that he is Mr. Trott's veterinarian and noted he is a most serious and diligent client who has concern for his dogs, is very knowledgeable, and does everything first class - his heart is with his dogs and he is a first class person. Len Roark asked about the amount of traffic which will be generated if this approval is granted and he requested that data be collected on usage on CR 62 & CR 3 to see if traffic will exceed 200 vehicle trips per day and thereby qualify for dust treatment. Mr. Lynam responded that a traffic count was taken on CR 3 and it is considerably under the 200 count; he stated that he will review the traffic count on CR 62 and report back to staff. Discussion followed.

M O T I O N

Commissioner Duvall moved that the Board adopt the staff findings and Planning Commission/Staff recommendation and approve the Horsetooth Retrievers Special Review (#95-ZR0710), with the conditions as outlined.

Motion carried 3 - 0.

The meeting adjourned at 3:35 p.m.








WEDNESDAY, FEBRUARY 21, 1996

ADMINISTRATIVE MATTERS

(#442 & #443)

The Board of County Commissioners met at 9:00 a.m. in regular session with Frank Lancaster, County Manager. Chair Clarke presided; Commissioners Disney and Duvall were present. Also present were: Rob Helmick, Planner II; Sam Szymanski, Human Development Grants Manager; Doug Ryan, Environmental Health Planner; Jim Meiman, Outgoing Chair Environmental Advisory Board; Patricia Spaine, Chair Elect EAB; Brice Miller, Building Official; Tom Garton, Plans Examiner; David Korth, Building Code Enforcement Officer; Ralph Jacobs, Human Resources Director; Patsi Maroney, Compensation & Benefits Specialist; and Donna Hart, Assistant to the County Manager. Recording Clerk, S. Graves.

1. OPEN SESSION FOR PUBLIC COMMENT: Richard Spomer, President of the Disabled Student Action Group at Colorado State University, discussed two issues with the Board: 1) Fund Raising - he is fund raising and pledge seeking for the National Multiple Sclerosis Society and he stated that it would be greatly appreciated if the county would join in or give a pledge and allow solicitation of funds in the Courthouse, as he was allowed to do last year; he noted that this year he was approached by two individuals who said he was soliciting in the building and not allowed to do so; 2) Affordable Housing - in the Fort Collins/Greeley/Loveland area there is a vast lack of affordable housing and Mr. Spomer stated there are zoning laws which need to be addressed and, if changed, could help alleviate some of the problem; such as, the law restricting the number of non-related persons allowed to live in a single dwelling. Mr. Spomer asked the Board who can be contacted to address this problem and to see if a cap can be placed on the rents currently being charged. Chair Clarke responded to Mr. Spomer's right to ask for funds, noting that persons have the right to refuse; with regard to the lack of affordable housing, he informed Mr. Spomer that the problem is being addressed in the Partnership Land Use System.

Tom Bender from Farm Bureau introduced Jackie and John Worthington to the Board and provided an update on the Farm Bill, noting it is progressing slowly, and he asked the Board why they are opposed to environmental regulatory reform. Commissioner Duvall responded she does not want to see the abolition of the endangered species act and stated that there are ways to make it more effective; Commissioner Disney stated that before taking a stand on the bill, he wants to understand it better. Mr. Worthington stated that his family has been a landowner in the area since 1894 and he is in favor of the endangered species act but is against the way some of them are being protected; he thinks some incentive should be provided for agriculture to protect endangered species, as they have for years, but when the farmers are penalized by asking them to protect endangered species by changing the use of their land or changing the source of their income, it is actually working against the farmers. Further discussion followed; Mr. Bender stated he will provide copies of the Farm Bill to the Board.

Mr. Bender also discussed Senate Bill 69, the "Norton Takings Bill", with the Board; he stated he is aware the Board is opposing the bill and Farm Bureau would like to know what part of the bill the Board is against. Mr. Bender submitted a letter from Farm Bureau and requested the Commissioners to sign the letter if they support the bill. Commissioner Disney stated that Colorado Counties, Inc. (CCI) is vehemently opposed to this bill; he noted he has not seen the bill since it has been amended, but he is opposed to the original version. Commissioner Duvall noted she is also against the bill; she stated she also has not seen the amendments, but she does not think it is the correct approach for working with local government and it will be more destructive than helpful. Commissioner Duvall asked Mr. Bender if he has seen the County Attorney's analysis of the bill in its original form; he responded that he had not. The Board will provide a copy of that analysis for Mr. Bender. Chair Clarke stated he generally supports this type of takings bill to reign in the authority of government; however, he does have concerns regarding some of the elements of this particular bill and thinks it could be written better. Chair Clarke indicated he would sign the letter, with reservations noted, which Mr. Bender submitted for the Commissioner's signatures. Ms. Worthington extended an invitation to the Board to attend any of the Farm Bureau open houses.

2. BONNELL WEST 4TH FINAL PLAT APPROVAL: Mr. Helmick requested the Board to approve and sign the Final Plat for Bonnell West 4th Filing, noting that all the conditions of approval have been met and this is the last phase of the original Master Plan.

M O T I O N

Commissioner Disney moved that the Board approve the Final Plat for Bonnell West 4th Filing, and authorize the Chair to sign same.

Motion carried 3 - 0.

3. ADOPTION OF TRANSIT DEVELOPMENT PLAN: Ms. Szymanski presented a thirteen-page Executive Summary of the Transit Development Plan (TDP), as developed by the cities of Fort Collins and Loveland and Larimer County; she noted it was decided to have the governing bodies review the Executive Summary as the actual TDP is 550 pages in length. Ms. Szymanski requested the Board to adopt the Plan. Commissioner Duvall asked what is planned for the residents in the LaPorte and Bellvue areas. Ms. Szymanski responded that the City of Fort Collins is planning to extend their transport route to LaPorte in January 1997 with peak hour service; however, currently the para-transit service goes out there twice a week. There was discussion of the sliding-scale fee being charged to take senior citizens to the Bellvue Grange.

M O T I O N

Commissioner Duvall moved that the Board of County Commissioners adopt the 1996-2002 Transit Development Plan, as requested.

Motion carried 3 - 0.

4. REQUEST TO REPLACE ENGINEERING SERVICES MANAGER POSITION WITH AN ENGINEERING TECHNICIAN: Mr. Lancaster reminded the Board that last year they adopted a policy for old stagnant positions to expire over a certain period of time; he stated that in the Engineering department the position vacated by Ross Shaw has not been filled and is soon to expire. Mr. Lancaster noted that Engineering has decided that instead of having an Engineering Services Manager position, they would like to have an Engineering Tech 2 position, but the new position has not been authorized; therefore, the Engineering department is requesting the Board to allow the ESM position to be dropped at the end of February and to authorize a new position of Engineering Tech 2. Mr. Lancaster noted that the salary for this position is included in the 1996 budget.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the replacement of the existing position of Engineering Services Manager with an Engineering Technician 2 position in the Engineering Department, as requested.

Motion carried 3 - 0.

5. PRESENTATION OF EAB ANNUAL REPORT: The Larimer County Environmental Advisory Board Report for 1995 was presented to the Board. Mr. Meiman commended the Commissioners for their appointment of the advisory board and noted it is comprised of very knowledgeable, dedicated and thoughtful persons; he also commended the Board for their follow-up from last year's report. Mr. Meiman stated that last year's report contained ten recommendations and there are six very ambitious recommendations in this year's report. Ms. Spaine stated that she is very pleased with the progress that has been made and she noted that the new recommendations are not as single-issued as the old ones, but have a broader view. The Board expressed their appreciation to the Environmental Advisory Board for all their hard work and efforts.

Mr. Ryan stated that one of his tasks as staff facilitator is to help track the EAB recommendations and their status; therefore, he presented options for the Board to consider regarding how they would like this accomplished: 1) Mr. Ryan meet with the Commissioners after the Board has a chance to review and consider the recommendations to obtain feedback to take back the Environmental Management Team and EAB; 2) Mr. Ryan and the Commissioners meet in a workshop session to discuss the recommendations and provide an opportunity for him to give background of the thinking of the EAB in making the recommendations; 3) Expand the scope of option #2 and have a workshop session with the members of the Environmental Management Team, Mr. Ryan, and the Board. CONSENSUS OF THE BOARD was to agree to option #3 and Commissioner Disney suggested that Bob Keister, Budget Manager, also attend the workshop session. Mr. Ryan stated that copies of the EAB Annual Report have been forwarded to the Planning Commission and the PLUS Consultant; the Board suggested that a press release of the EAB Annual Report be sent out and that it also be listed on the World Wide Web.

6. DISCUSSION OF WAIVER OF FEE FOR WOLF SANCTUARY: Mr. Lancaster stated that a non-profit group up Rist Canyon, which takes in and protects wolf-dog hybrid mixes, would like to go through special review to be allowed to have up to 20 of these animals and currently zoning restrictions limit the number of animals allowed. Mr. Lancaster noted that as a non-profit organization their finances are tight and the cost to go through special review is $1,800; a request has been received for the Board to waive those fees. Discussion among the Board followed; Commissioner Duvall stated that this group takes in puppies and dogs which need a place to go and this sanctuary is performing a service for the county. Chair Clarke expressed concern that this is a project that has neighborhood opposition and to waive the fees would appear that the Board is giving them preferential treatment. Commissioner Duvall stated that the reason for waiving the fee is so they can come before the Board to request special review approval, and there is a need to get this into the public dialogue in order to solve the problem.

M O T I O N

Commissioner Duvall moved that the Board of County Commissioners waive the planning fees of $1,800 for the Wolf Sanctuary, a non-profit corporation, to allow them to proceed with the special review process, with the understanding that this waiver in no way predisposes the Board's position on the special review, and request staff to begin developing criteria for a fee waiver policy for 501C3 organizations.

Motion carried 2 - 1; Chair Clarke dissenting.

7. AUTHORIZE ADDITIONAL PLANS EXAMINER IN BUILDING DEPARTMENT: Mr. Miller reviewed the six-page memo recently sent to the Board which includes a summary of the Building department's mission, inadequate staffing, problems they and the citizens endure, a proposed solution, expected results, projected costs, source of revenue, requested action and an alternate solution if request is denied. Mr. Miller noted that while during research, Mr. Garton realized that Larimer County has not been charging the fees which were adopted on February 10, 1993 - the building fee has been set at 90% of the building allowance; in addition, plan check fees have been credited to the building fee, instead of being treated as a separate fee. Therefore, it was recommended that the building permit fees be raised to 100% of Building Code allowance and start charging a plan check fee as a separate fee above and beyond building permit fee. If allowed, Mr. Miller stated that this will bring in approximately $200,000 additional revenue this year, the increase will not substantially impact the citizens, and this proposal is the same as the jurisdiction that had the lowest fee structure surveyed. There was discussion of the possibility of the formation of a regional building department. Commissioner Disney expressed concern that the County is missing a lot of violations because of understaffing and it is creating safety problems and a delay for people waiting for inspections; in addition, with the low fees the County is charging, Larimer County has become the magnet county for growth because it is the cheapest county in which to locate. Commissioner Disney stated that we need to look at our costs and make sure we are recovering all our costs.

M O T I O N

Commissioner Duvall moved that the Board of County Commissioners accept the recommendations of the Chief Building Official to address the workload needs of the department, including authorization for an additional Plans Examiner, increase use of on- call inspectors, increase overtime funds for inspectors, increase attorney fees for code enforcement, and increase training fund, with the total cost not to exceed $72,804 with funds derived from the collection of 100% of the building permit fee allocation and collection of the previously authorized plan check fee.

Motion carried 3 - 0.

8. WORKSESSION:

-- State of the County: Discussion ensued regarding making a "State of the County" video next year rather than this year because of the time and cost involved and the fact that it would not be ready until May; Mr. Lancaster asked the Board if there is something else they would like to do this year. Commissioner Duvall stated she would like to have a progress report prepared outlining the things the County has achieved this past year and the Board's work plan for 1996; she suggested having a press conference where the Board reports on their past accomplishments and goals for 1996. The Board concurred with the suggestion and Commissioner Disney recommended that the session be held and televised in the Conference Room because of its less formal setting.

-- Communications Coordination with Municipalities: Mr. Lancaster updated the Board on communications coordination with the cities, noting that Elizabeth Lowes from the Sheriff's department has been working with the cities to find a way to work together on radio communications as great savings could be realized and better service provided to the citizens if we could work together. Mr. Lancaster stated that Ms. Lowes has run into a very thick brick wall in the police departments as there is zero support from the cities of Fort Collins and Loveland; he asked if the Board wants to pursue funding a study to obtain recommendations regarding this matter with city council members. Commissioner Duvall stated she doesn't see any reason to put money into another study and she would like to start charging these cities for services they are receiving; Chair Clarke agreed we need to find a way to recoup some of the costs. Commissioner Disney added that the citizens need to be informed of this situation. Mr. Lancaster informed the Board that we do share CAD with Estes Park and that they are interested and willing to work on communications coordination. Chair Clarke stated that maybe we need to approach this on a policy level and get together with the Mayors of the cities and try and work this out; Commissioner Duvall congratulated the Sheriff's department for bending over backwards to try and work out a solution. After further discussion, Commissioner Disney offered to discuss this matter with Loveland Mayor Edwards and Berthoud Town Manager Lenahan, Commissioner Duvall will talk to Fort Collins Mayor Azari and Mayor Pro-Tem Janett, and Chair Clarke will talk to the Fort Collins Council of Health and Safety Committee. Commissioner Duvall requested Ms. Lowes provide her with a short summary sheet outlining the current problems due to the lack of communications coordination and for staff to look into potential charges to the cities for services.

-- Items for Cabinet Worksession: Mr. Lancaster submitted a draft of agenda items for the Cabinet Worksession scheduled for tomorrow and asked if the Board had additional items to include. Mr. Lancaster stated that a request has been received from the FMS Team to provide an update of their activities at each Cabinet Worksession for the remainder of the year as a standing agenda item.

-- Memo to Division and Department Heads regarding County Commissioner Candidates: Mr. Lancaster submitted a copy of a memo sent to division and department heads encouraging county staff to be open with Commissioner candidates and to provide information as requested.

-- Update on Status of Mental Health being Enterprise Fund: Mr. Lancaster informed the Board that an enterprise fund, as it relates to the TABOR amendment, is not the same as a governmental enterprise fund and under general accepted accounting principals. The Mental Health Center is considered a special revenue fund and does not qualify as an enterprise fund under GAAP; however, it does meet the TABOR definition of an enterprise fund, and it is treated as an enterprise fund for the purposes of TABOR.

9. DOCUMENT REVIEW:

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the Minutes for the week of February 12, 1996, as submitted.

Motion carried 3 - 0.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the Schedule for the week of February 26, 1996, as submitted and amended.

Motion carried 3 - 0.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the following documents as listed on the Consent Agenda on Document Review for February 21, 1996:


LIQUOR LICENSES: County approval was granted to Inlet Bay Marina, Inc. - 3.2% - Fort Collins, CO.; The Store - 3.2% - Fort Collins, CO.; and the Sundance Steak House - 6% - Fort Collins, CO. A License was issued to City Park Liquors - 6% - Fort Collins, CO.

A96-25 LEGAL SERVICES AGREEMENT BETWEEN THE LARIMER

COUNTY DEPARTMENT OF SOCIAL SERVICES AND GEORGE

HASS, LARIMER COUNTY ATTORNEY, OF HARDEN, SCHMIDT,

HASS, HAAG AND HALLBERG, P.C.

A96-26 CHILD SUPPORT ENFORCEMENT AGREEMENT FOR SERVICES

BETWEEN THE LARIMER COUNTY DEPARTMENT OF SOCIAL

SERVICES AND GEORGE HASS, LARIMER COUNTY ATTORNEY,

OF HARDEN, SCHMIDT, HASS, HAAG AND HALLBERG, P.C.

C96-08 CONTRACT BETWEEN THE BOARD OF COUNTY

COMMISSIONERS AND MOUNTAIN CONSTRUCTORS, INC.

OF PLATTEVILLE, COLORADO (Replacement of Bridge

No. 24H-0.1-25E over Indian Creek - Project #176)

C96-09 CONTRACT BETWEEN THE BOARD OF COUNTY

COMMISSIONERS AND THE STATE DEPARTMENT OF HEALTH

CARE POLICY AND FINANCING (Treatment Services for Mental

Health Clients)

R96-34s FINDINGS AND RESOLUTION APPROVING THE PLAT OF

NORTH POUDRE IRRIGATION COMPANY MINOR

RESIDENTIAL DEVELOPMENT

R96-35s FINDINGS AND RESOLUTION APPROVING THE VACATION

OF RIGHT-OF-WAY IN PROSPECT MOUNTAIN ROAD

R96-36s RESOLUTION REGARDING RELEASE OF COLLATERAL FOR

SOLAR RIDGE SECOND FILING

Motion carried 3 - 0.

10. RECLASSIFY CHIEF BUILDING OFFICIAL TO APPOINTED STATUS: Mr. Lancaster reminded the Board of a discussion held last Fall of appointed versus classified positions and noted that at that time there were two classified department heads. The Board decided that at the time of attrition they would like for those classified positions to become appointed or allow it to be the choice of the incumbent to switch. Commissioner Duvall asked Mr. Miller why he wants to have his position reclassified to appointed status; Mr. Miller responded that he would like to stay with Larimer County and salary is a big consideration.

M O T I O N

Commissioner Duvall moved that the Board of County Commissioners go into Executive Session at 11:20 a.m. to discuss a personnel matter.

Motion carried 3 - 0.

The Executive Session ended at 11:40 a.m.; no action taken.



______________________________________

JOHN CLARKE, CHAIR

BOARD OF COUNTY COMMISSIONERS

( S E A L )

ATTEST:


________________________________________

Sherry E. Graves, Deputy County Clerk

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