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PROCEEDINGS OF THE BOARD OF COUNTY COMMISSIONERS

TUESDAY, JANUARY 21, 1997

ADMINISTRATIVE MATTERS

(# 136 & #137)

The Board of County Commissioners met at 9:00 a.m. in regular session with Frank Lancaster, County Manager, and Neil Gluckman, Assistant County Manager. Chair Disney presided; Commissioners Clarke and Olson were present. Also present were: Carol Block, Finance Director; Terry Bryant, Chief Accountant; Deni LaRue, Community Information Manager; Larry Timm, Director of Planning; Gayle Morgan, Planning Staff Services Manager; Ralph Jacobs, Human Resources Director; Ed Zdenek, Interim Director Rural Land Use Center; Rex Smith, Public Works Director; and John MacFarlane, Parks Director. Recording Clerk, S. Graves.

  1. OPEN SESSION FOR PUBLIC COMMENT:

Mr. Bender, representing Farm Bureau, invited the Board to a luncheon on February 20, 1997 to discuss county issues with Larimer County farmers and ranchers; he also submitted a newsletter concerning national, state and local affairs for the Larimer County Farm Bureau and he requested support from the Board on several issues - Endangered Species Act and reduction of estate taxes and capitol gains as a part of tax reform.

Mr. Canino stated that during the inspection process prior to purchasing the Forks property in Livermore, a report from the Larimer County Health Department indicating that the water was biologically acceptable, also stated that …"Larimer County is not obligated to provide water service to the Forks Café - the previous agreement is null and void and any new owner will have to request approval from the Commissioners to use water from the County well…" Therefore, today Mr. Canino is before the Board to request approval to use this County well for their water at the Forks. Mr. Canino assured the Board that the problems the County has had in the past with delinquent bills, will not be repeated under their ownership; he reviewed the history of the Forks and their plans to revitalize it. breakfasts. John Pharris, attorney for the Shenk Family Trust - the seller of the property, submitted a packet of information outlining the history of the property and noted that the current water supply for the property comes from a "community well" owned by Larimer County as a result of a letter from Bill Gordon, County Administrator, dated July 6, 1989, which states that the water from the community well was available to the Forks Café and a Memorandum of Agreement was signed. Discussion followed regarding whether or not the water is potable; Mr. Canino stated that the Forks Company knew the water from the community well was not potable and therefore had its internal water system specially designed and engineered to filter and chlorinate the water so that it is potable. The purified water is stored in two 500 gallon storage tanks in the basement and the water system has been tested several times and has always received passing grades. After further discussion, Chair Disney advised that the Board will discuss this situation with legal staff, the Health Department, and Public Works and report back to the Caninos and Mr. Pharris as soon as possible.

  1. PRESENTATION OF CERTIFICATE OF ACHIEVEMENT FOR EXCELLENCE IN FINANCIAL REPORTING:

Chair Disney presented the Certificate of Achievement for Excellence in Financial Reporting to Ms. Block and Ms. Bryant; it was noted that this is the 13th year that Larimer County has received this award. Ms. Bryant credited the dedicated and excellent staff in the Finance Department for their hard work in winning the award.

  1. APPROVAL OF MINUTES FOR WEEKS OF JANUARY 6 AND 13, 1997:

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners approve the Minutes for the weeks of January 6 and January 13, 1997, as submitted.

Motion carried 3-0.

  1. APPROVAL OF SCHEDULE FOR WEEK OF JANUARY 27, 1997:

M O T I O N

Commissioner Olson moved that the Board of County Commissioners approve the Schedule for the week of January 27, 1997, as submitted and revised.

Motion carried 3-0.

  1. APPROVAL OF CONSENT AGENDA:

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners approve the following documents as listed on the Consent Agenda for Document Review for January 21, 1997:

ABATEMENTS: Petitions for Abatement were approved for the following: Albert & Annie Hodgson; Jan & Deborah Earle; Shirley E. Wright; Margaret E. Gerber; Fred & Elaine Bisceglia; Scott & Robin Pelkey; Director Place Pad, LLC; Donald & Anna Carter; Terry May & John Jockman; C. J. Associates; Silverplume Condo Association; Rangeview/Flagstone; and Efren & Vicki Lucero.

A97-02 AGREEMENT CONCERNING ROAD IMPROVEMENTS ON COUNTY

ROAD 30 BETWEEN THE BOARD OF COUNTY COMMISSIONERS

AND ROBERTA A. LEMASTER (The following thirteen Agreements are

for Construction Easements for Project #181)

A97-03 EXTENSION AGREEMENT ON COUNTY ROAD 30 BETWEEN THE

BOARD OF COUNTY COMMISSIONERS AND BARRY EUGENE &

ALICE J. PRECHT

A97-04 EXTENSION AGREEMENT ON COUNTY ROAD 30 BETWEEN THE

BOARD OF COUNTY COMMISSIONERS AND TERRY L. AND

CHRYSTAL L. CORMAN

A97-05 EXTENSION AGREEMENT ON COUNTY ROAD 30 BETWEEN THE

BOARD OF COUNTY COMMISSIONERS AND DALE A. & DIANE

LEACH

A97-06 EXTENSION AGREEMENT ON COUNTY ROAD 30 BETWEEN THE

BOARD OF COUNTY COMMISSIONERS AND LEONARD E. AND

ZELLA W. LEACH

A97-07 EXTENSION AGREEMENT ON COUNTY ROAD 30 BETWEEN THE

BOARD OF COUNTY COMMISSIONERS AND BARBARA S. KEEN

A97-08 EXTENSION AGREEMENT ON COUNTY ROAD 30 BETWEEN THE

BOARD OF COUNTY COMMISSIONERS AND DUO-DAIRY, LTD,

A COLORADO LIMITED PARTNERSHIP

A97-09 EXTENSION AGREEMENT ON COUNTY ROAD 30 BETWEEN THE

BOARD OF COUNTY COMMISSIONERS AND GENE S. AND

ANNA M. WILLIAMS

A97-10 EXTENSION AGREEMENT ON COUNTY ROAD 30 BETWEEN THE

BOARD OF COUNTY COMMISSIONERS AND WILLIAM F. AND

ETHEL L. BATES

A97-11 EXTENSION AGREEMENT ON COUNTY ROAD 30 BETWEEN THE

BOARD OF COUNTY COMMISSIONERS AND JAMES PETERSEN

A97-12 EXTENSION AGREEMENT ON COUNTY ROAD 30 BETWEEN THE

BOARD OF COUNTY COMMISSIONERS AND POVERTY KNOLL,

L.L.C.

A97-13 EXTENSION AGREEMENT ON COUNTY ROAD 30 BETWEEN THE

BOARD OF COUNTY COMMISSIONERS AND THAYER FAMILY

PARTNERSHIP

A97-14 EXTENSION AGREEMENT ON COUNTY ROAD 30 BETWEEN THE

BOARD OF COUNTY COMMISSIONERS AND THAYER FAMILY

TRUST

A97-15 EXTENSION AGREEMENT ON COUNTY ROAD 30 BETWEEN THE

BOARD OF COUNTY COMMISSIONERS AND ROBERT A. AND

KAREN DICKINSON

A97-16 LEASE AGREEMENT BETWEEN THE BOARD OF COUNTY

COMMISSIONERS AND GARY J. GRAY (Leasing of Pasture on the

old Strang Farm)

A97-17 CHILD SUPPORT ENFORCEMENT PURCHASE OF LEGAL

SERVICES AGREEMENT BETWEEN THE BOARD OF COUNTY

COMMISSIONERS AND COLORADO CHILD SUPPORT SERVICES

D97-01 DEED OF DEDICATION BY ROBERT F. AND SANDRA D.

FLOCKHART (Dedication of Property for Public Highway - CR 5 & 38 -

Project #203)

D97-02 DEED OF DEDICATION BY BARRY EUGENE AND ALICE J.

PRECHT (Dedication of Property for Public Highway - CR 30 -

Project #181)

R97-06s FINDINGS AND RESOLUTION APPROVING THE PLAT OF BATY

MINOR RESIDENTIAL DEVELOPMENT

R97-07z SPECIAL REVIEW FINDINGS AND RESOLUTION APPROVING

THE PETITION OF U.S. WEST HARMONY CELL SITE

R97-08s FINDINGS AND RESOLUTION APPROVING THE GREENWALD

MINOR RESIDENTIAL DEVELOPMENT APPEAL

R97-09s FINDINGS AND RESOLUTION APPROVING THE PLAT OF WALSH

MINOR RESIDENTIAL DEVELOPMENT

Motion carried 3-0.

  1. ADOPTION OF FINDINGS AND RESOLUTION ADOPTING RURAL LAND USE PROCESS:

The Board was requested to approve the Findings and Resolution adopting the Rural Land Use Process and Amending the Larimer County Zoning Resolution; it was noted that the Rural Land Use Process was approved by the Board on December 16, 1996.

M O T I O N

Commissioner Olson moved that the Board of County Commissioners approve the Findings and Resolution adopting the Rural Land Use Process and Amending the Larimer County Zoning Resolution, and authorize the Chair to sign same.

Motion carried 3-0.

R97-10g FINDINGS AND RESOLUTION ADOPTING THE RURAL LAND

USE PROCESS AND AMENDING THE LARIMER COUNTY

ZONING RESOLUTION

As requested by the Board, Mr. Timm provided an update on the applications received for the position of Director of the Rural Land Use Center.

  1. AMENDMENT TO RURAL LAND USE CENTER DIRECTOR CONTRACT:

Ms. Morgan reminded the Board that Ed Zdenek, through ZTI Group Architecture, entered into a contract with Larimer County for consulting services for the Rural Land Use Center through 1996; she stated that Mr. Zdenek is requesting reimbursement of $2,550.73 for time and expenses above and beyond the current 1996 contract. Mr. Zdenek provided an explanation why the additional monies are being requested and are justified; he noted that before the contract was signed in July, he began work in June on some of the test cases and spent 47 hours for which he never billed the County. Mr. Zdenek stated that the difference being requested is what they anticipated for expenses and actual expenses incurred; he noted that larger portion of expenses was for public presentation. Ms. Morgan reviewed a spread sheet submitted by Mr. Zdenek outlining the unanticipated expenses for mileage, phones, copies, public notification costs, meals, etc. Discussion followed. The Board expressed their displeasure in not knowing about these additional expenses in advance of their being incurred; Mr. Zdenek stated that he thought he would be under budget at the end of the year and was surprised at the totals.

M O T I O N

Commissioner Olson moved that the Board of County Commissioners approve payment of $1,763 for additional expenses incurred over the 1996 contract for consulting services for the Rural Land Use Center, and $111.14 for expenses incurred under the current contract; monies for this expenditure will be derived from the Commissioner's Special Project Fund.

Motion carried 3-0.

  1. WAIVER OF PERSONNEL POLICY IN THE PARKS DEPARTMENT:

Mr. Jacobs stated that the Parks Department is requesting Board approval of a waiver of policy to allow continuance of out-of-title pay to certain employees until reclassification of those employees is completed, which will be approximately two months.

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners approve the waiver of personnel policy to permit the Parks Department to pay Mr. Ken Woods out-of-title pay at pay grade 153, Step "M", and to pay Mr. Joel Wycoff out-of-title pay at a rate of grade 147, Step "C", as requested.

Motion carried 3-0.

  1. DISCUSSION OF HOURS AND RATES AT THE SHOOTING RANGE:

Mr. MacFarlane submitted an outline of proposed changes in operations at the Shooting Range, a graph showing deficits from 1990 through 1996, and two options for the Board to consider; he noted that since 1990, revenue has been declining and expenses increasing and the situation is getting progressively worse; the graph indicated that a deficit of $13,246 was realized in 1996. Mr. MacFarlane reviewed the changes proposed, which include raising the fees from $4.25 per hour to $5.00 per hour, changing the age from 16 to 13 for persons having free use of the range with a paying adult, and reducing the days the range will be open; he reviewed the two options presented and recommended Option #1 as the most responsible approach. Questions and discussion followed; CONSENSUS OF THE BOARD was to approve the changes as proposed and approve Option #1, as recommended, which is: 1) Range open Friday and Saturday, November through August; 2) Range open Sunday during daylight savings time; 3) Range open 7 days per week, September and October.

  1. DISCUSSION OF PARKS CONCESSION:

Mr. MacFarlane stated that Larimer County and the Bureau of Reclamation adopted a resource management plan for Horsetooth and Carter Lakes in 1995; he noted that this includes the area where the Landings Restaurant currently is located. Mr. MacFarlane submitted a map showing the plans for the South Bay Area at Horsetooth Reservoir, when and if funds become available; he noted that, in addition to other plans, the restaurant may be relocated. Mr. MacFarlane stated that currently the restaurant is privately owned, but is on Federal land, and the Parks Department issues the license for the operation of the restaurant. The restaurant has been sold to the Inlet Bay Marina and the new owners are requesting a license from the County to operate; he stated that in working with the new owners and the Bureau, a plan was devised, subject to the Board's approval. Mr. MacFarlane reviewed the provisions of the plan, and requested Board approval; he noted that the source of funds for the plan would be split equally between the County Parks Development Funds and the Bureau. Questions and discussion from the Board followed; CONSENSUS OF THE BOARD was to approve the concept presented and the amendments to the license, as outlined, with Inlet Bay Marina. Mr. MacFarlane will work with Marla Hehn, Assistant County Attorney, in drafting the amendments.

  1. DISCUSSION OF LETTER TO WINDSOR:

Chair Clarke submitted a draft letter to send to the Town of Windsor inviting them to join with Larimer County in a cooperative land use planning effort leading to a future intergovernmental agreement between the jurisdictions; he requested Board approval of the letter. After perusing the letter, the Commissioners concurred with sending the letter, as drafted.

  1. WORKSESSION:

  • Mr. Lancaster reviewed the pending invitations with the Board and they indicated to him which events they will be able to attend.

  1. COMMISSIONER REPORTS:

  • Commissioner Clarke reported that he met with Kathy Snell, Human and Health Services Director, and representatives from the District Attorney's Office and City of Fort Collins regarding the Youth Detention Center; he noted he is encouraging them to come up with a specific plan by April 1, 1997. Commissioner Clarke also reported that they are still discussing privatization in Community Corrections.

  • Commissioner Clarke reported he attended the first meeting on Water Issues; he noted that Janet Duvall is going to be the Chair as a private citizen; he noted he would like to commit some County resources with in-kind help.

  • Chair Disney reported that through the Planning Department they have been trying to schedule a meeting with Fred Anderton, Fort Collins-Loveland Airport Manager, regarding potential regulations to put into the land-use code with regard to scenic air tour operations.

  • Chair Disney reported that the Internal Legislative Review Committee met last week and they are off to a good start; he suggested that Deni LaRue be appointed to this Committee.

  1. LEGAL MATTERS:

At this time, County Attorney George Hass, and Assistant County Attorney Marla Hehn joined the meeting for Legal Matters.

Mr. Hass discussed the request from the Forks Café to enter into a new Memorandum of Agreement with the County to enable them to take water from the community well owned by Larimer County; he noted he has a number of concerns: 1) Larimer County has no immunity for supplying this water; 2) The water is not potable; 3) Insufficient amount of water to supply the café, houses, and needs of Larimer County. However, the letter from Mr. Gordon states that the County will supply water as long as the County retains possession of the well and it is serviceable. Mr. Hass asked the Board if they want to continue supplying water to the Forks, and if so, under what conditions; several options were discussed. Mr. Hass suggested that one alternative would be that we will do it for a certain period of time--such as to give them one year to find an alternate supply of water; another option would be to confine it to this user only and limit the number of gallons allowed. Much discussion followed; Mr. Schemm said there are improvements that could be made to make the water better, but those improvements would not provide more water. Mr. Smith stated that they have been dealing with this problem for 10 years and he doesn't think there is an adequate supply to provide water to a commercial business. Mr. Smith suggested certain conditions: 1) Require an outside shut off; 2) Require advance deposit; 3) Work out an arrangement in which the Forks doesn't put such a demand on the system; another suggestion would be to give them the well and Larimer County enter into an agreement to purchase water from them. After further discussion, it was decided that: 1) This matter cannot be settled by the closing date of January 23, 1997; 2) Mr. Hass, Mr. Pharris, the Caninos, and Ed Schemm need to meet to discuss and resolve this issue; 3) Make the offer to give them the well and we purchase water from them; 4) Discuss other options; 5) Let them know the Board has the desire to work with them if we can figure this out, but right now they are asking for something we don't have. Mr. Hass advised the Board that Mr. Gordon's letter commits us in that we cannot revoke the permission given to use the water without some kind of notice; Mr. Smith stated that the agreement states that the water quality or quantity is not guaranteed and there is 30-day termination right included. In conclusion, Mr. Schemm stated that a water engineer needs to assess what is available and determine if drilling a new well is a possibility.

15. EXECUTIVE SESSION - PERSONNEL MATTER:

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners go into Executive Session at 11:40 a.m. for a legal matter regarding negotiations and a personnel matter.

Motion carried 3-0.

The Executive Session ended at 12:00 noon; no action taken.

LAND-USE PLANNING MEETING

(#138)

The Board of County Commissioners reconvened at 3:00 a.m. in regular session with Larry Timm, Director of Planning. Chair Disney presided; Commissioners Clarke and Olson were present. Also present were Al Kadera, Subdivision Administrator; Rob Helmick, Senior Planner; Lonnie Sheldon, Project Engineer; and Jeannine Haag, Assistant County Attorney. Recording Clerk, S. Graves.

  1. TABLED ITEM - SAND CREEK PARK STREET NAME CHANGE:

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners table the Sand Creek Park Street Name Change (#96-OSO983) until February 3, 1997, as requested.

Motion carried 3-0.

  1. CONSENT ITEMS:

Chair Disney stated that the following are consent items and will not be discussed in detail unless requested by the Commissioners or members of the audience.

Mr. Helmick informed the Board that as a technical problem has been identified with the Sakowicz Minor Residential Development Plat, the Board is requested to table this item until February 10, 1997, to allow time to resolve the problem.

M O T I O N

Commissioner Olson moved that the Board of County Commissioners table the Sakowicz Minor Residential Development (#96-EX0852) until February 10, 1997, as requested.

Motion carried 3-0.

3. MEADOWDALE HILLS 1ST FILING, LOTS 57 & 59, AMENDED PLAT

(#96-SA0989): 34-05-72 - SOUTH OF ESTES PARK; 2.01 ACRES;

O-OPEN ZONING

This is a request to combine two existing lots and vacate the utility easement along the common lot line. Staff findings include: 1) Meadowdale Hills was approved in 1963; 2) Combining two adjacent lots will effectively lower the density in a subdivision where none of the lots meet the minimum lot size required by current zoning regulations; 3) The County Health and Engineering Departments, and all utilities reviewed the proposed Amended Plat, and stated no objections; suggestions were made concerning additional information to be placed on the Amended Plat for clarification. The staff recommendation is for approval of the Amended Plat of Lots 57 and 59, Meadowdale Hills First Filing, with the condition that recording information be added to the plat concerning the easement for the septic absorption field and that information be added to the plat concerning the vacation of the utility easement along the common lot line.

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners adopt the staff findings and staff recommendation and approve the Meadowdale Hills 1st Filing, Lots 57 & 59, Amended Plat (#96-SA0989), with the condition as outlined.

Motion carried 3-0.

  1. POHLIT WAIVER OF PROCESS/FEES (#96-RR0950): 07-05-69 -

6014 WEST U.S. HIGHWAY 34 IN LOVELAND

This is a request for the Board of County Commissioners to rezone this property to T-Tourist without going through the formal process and a request to waive the fees associated with the rezoning. Mr. Helmick described the location and reviewed the major concerns and issues; he noted that the current use of the property, a pie shop, is non-conforming, and two special exceptions have been approved for additional uses-a vegetable stand and a coffee stand. Mr. Helmick stated that the current fee schedule would require approximately $1,800 in total fees for both concept technical review and rezoning. Staff findings are: 1) The Board of County Commissioners adopted the current fee schedule to respond to the cost of the services provided to the development community. The applicant in this case has only indicated that he believes that the fees should be waived due to an oversight or error. The staff finds no record of an error or oversight in this case. The staff recommendation is to deny the request of the applicant and require the applicant to pay the normal processing fees for a rezoning request.

Nicholas Pohlit, property owner, presented a photo of the building on his property and a copy of his income tax return from last year so the Board will realize that his case is a poverty case and that they should approve his request for waiving the fees for rezoning this property. Mr. Pohlit stated that this is a concrete block building without a heating system and used for a small business from late May until September and the taxes are $1,300 annually; he noted that two variances have been approved, at a cost of $500. Mr. Pohlit informed the Board that this property has been commercial and tourist for 40 years and he referred to the letter from Mr. Kadera, dated January 16, 1978, which clearly states that this property was excluded by resolution from rezoning to T-Tourist but rezoned from O-Open to FA-1 Farming for no apparent reason. Mr. Pohlit stated that he is semi-retired and if this waiver of fees is not approved, he cannot improve and upgrade his property, which is desperately needed. In conclusion, Mr. Pohlit stated that this property should have been zoned T-Tourist in 1967, when the surrounding properties were zoned T-Tourist, and there is no reason for it to have been excluded.

Questions from the Board and discussion followed. Chair Disney asked if there are extenuating circumstances that would make this a special case, and if the public interest will be served by waiving the fees; he noted that the use of this property is consistent with the uses of the adjacent properties, and probably should have been included in the original T-Tourist zoning. Commissioner Clarke asked what staff work needs to be done for rezoning; Mr. Helmick responded that staff work includes requesting input from all technical and service agencies to make sure that a rezoning of this property doesn't create any technical safety or health issues, and to evaluate the site plan and any proposed expansion plans. In conclusion, Chair Clarke stated it is obvious that the taxpayers of Larimer County will incur costs to process the request to rezone this property; therefore, in an attempt to fairly balance the costs to the County and also be fair to the property owner, because of an oversight in not zoning this property T-Tourist in 1967, he suggested the possibility of allowing a discount of 50% of the fees for CTR and rezoning.

M O T I O N

Commissioner Clarke moved, in the matter of the Pohlit Waiver of Process/Fees, that the Board approve a 50% reduction in the fees normally charged by Larimer County for the process of Concept Technical Review and request for rezoning; this approval of a 50% reduction in fees will be applicable for a period of six months from today.

Motion carried 3-0.

The meeting adjourned at 3:40 p.m.

WEDNESDAY, JANUARY 22, 1997

PUBLIC HEARING REGARDING MODEL TRAFFIC CODE

The Public Hearing regarding adoption of the proposed Model Traffic Code, which was tabled on Monday 6, 1997 to this date and time, has been canceled and will be re-advertised and held at a future time.

THURSDAY, JANUARY 23, 1997

MEETING TO APPROVE PETITION FOR ANNEXATION

The Board of County Commissioners met at 3:00 p.m. in regular session with County Manager Frank Lancaster to approve a Petition for Annexation to the City of Fort Collins. Chair Disney presided and Commissioners Clarke and Olson were present. Recording Clerk, S. Graves.

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners approve a Petition for Annexation to the City of Fort Collins of a portion of the west side of North County Road 13 along the frontage of the Hearthfire PUD, as recommended by the Larimer County Public Works Department.

Motion carried 3-0.

The meeting adjourned at 3:05 p.m.

______________________________________

JIM DISNEY, CHAIR

BOARD OF COUNTY COMMISSIONERS

( S E A L )

ATTEST:

__________________________________

Sherry E. Graves, Deputy County Clerk

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