PROCEEDINGS OF THE BOARD OF COUNTY COMMISSIONERS
MONDAY, SEPTEMBER 22, 1997
LAND-USE PLANNING MEETING
The Board of County Commissioners met at 3:00 p.m. in regular session with John Pedas, Code Enforcement Officer. Chair Pro-Tem Olson presided and Commissioner Clarke was present; Chair Disney was meeting with representatives of the City of Fort Collins Growth Management Committee. Also present were: Al Kadera, Subdivision Administrator; Doug Ryan, Environmental Health Planner; and Jeannine Haag, Assistant County Attorney. Recording Clerk, S. Graves.
Chair Pro-Tem Olson stated that the following is a consent item and will not be discussed in detail unless requested by the Commissioners or members of the audience.
1. LARKSPUR ROAD STREET NAME CHANGE (#97-OS1108): 26-05-73 -
HIGH DRIVE HEIGHTS, WEST OF ESTES PARK; E-ESTATE ZONING
This is a request to change the name of Larkspur Drive to Larkspur Road. Staff findings include: 1) High Drive Heights was platted in 1925. The original plat included some street names and these names included the work "Drive" in the name. Some streets were not names, but minutes of the homeowner's association indicate that Larkspur Road was the preferred street name; 2) The applicant submitted a petition signed by 30 lot owners along Larkspur Road; twenty-nine support the change to Larkspur Road and one wishes to leave the name Larkspur Drive; 3) The County Health and Engineering Departments, and all utility and emergency service providers, reviewed the proposed street name change and stated no objections. The staff recommendation is for approval of the street name change from Larkspur Drive to Larkspur Road.
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 Larkspur Road Street Name Change (#97-OS1108).
Motion carried 2 - 0.
2. ANDERSON-LOOFBORO MOBILE HOME/JUNKYARD VIOLATION
(#97-ZV1062): SW 1/4 19-9-68-1185 E. CO. RD. 66E
This alleged violation is for moving a single wide mobile home onto the property without a building permit, septic permit, or consent petition and accumulation of inoperable-unlicensed vehicles on the property. Mr. Pedas submitted photos and a diagram of the property, provided the background information for this violation, and reviewed the major concerns and issues; he noted that the primary concern is that if someone is going to live on this site, an adequate septic system must be installed. Staff findings are: 1) Building permits and consent petitions are required for all single wide mobile homes placed on private property for permanent dwelling purposes; 2) All residential uses in the County that are not on public sewer require approved on-site sewage disposal systems; 3) The accumulation of inoperable/unlicensed vehicles, junk and other debris results in an unsightly appearance of the property; 4) Continued use of the property inconsistent with the building code and zoning regulations will affect property values in the neighborhood. The staff recommendation is to find that the violations exist, require compliance within 30 days, and authorize legal action if the deadline is not met.
It was noted for the record that the property owner was not present for today's hearing. The following two adjacent property owners addressed the Board with their concerns: Joe Stachurski and Ron Crego. Mr. Stachurski cited his concerns regarding weed control, noting that the Canadian Thistle is 4 ft. high on this property, the trailer is not consistent with the other trailers in the area, and this trailer will result in a reduction in adjacent property values; he noted that in August the owners of the trailer moved in a port-o-potty, they have also put up two pup tents outside, he cooks over a campfire and if conditions were dry, it could set off a range fire, and the inside of the trailer has been gutted and the old insulation and other debris have been piled outside the trailer and not removed. Mr. Crego, a County employee, stated that he tagged it "No Permit" and now they have locked the gate and marked it "No Trespassing"; he noted that he talked to them about weed control because he has to control his weeds or be fined.
Commissioner Clarke stated that it is clear that a zoning violation exists and the Board requested Mr. Pedas to inform the County Weed Control Department about this situation.
M O T I O N
Commissioner Clarke moved that, in the matter of the Anderson-Loofboro Mobile Home/Junkyard Violation, the Board of County Commissioners find that the violations exist, require compliance within 30 days, and authorize legal action if the deadline is not met.
Motion carried 2 - 0.
The hearing recessed at 3:30 p.m.
PUBLIC HEARING REGARDING PROPOSED NOISE ORDINANCE
(#244 @ 600)
The Board of County Commissioners reconvened at 7:00 p.m. for a Public Hearing with County Attorney George Hass regarding a proposed Noise Ordinance. Chair Jim Disney presided and Commissioners Clarke and Olson were present. Also present were: Larry Timm, Director of Planning, and Doug Ryan, Environmental Health Planner. Recording Clerk, S. Graves.
Chair Disney introduced staff and noted that the purpose of tonight's public hearing is for the Board to consider adoption of an Ordinance Concerning Noise Levels in Unincorporated Larimer County and provide an opportunity to receive public comment regarding the Ordinance.
Mr. Hass stated that this is the 2nd reading of the proposed Noise Ordinance for Larimer County, Colorado and he provided a brief overview of same; he noted that the Ordinance would apply throughout unincorporated Larimer County and the noise sections of the Ordinance applies only to residential areas, but not to agricultural, industrial, or commercial businesses. Mr. Hass stated that a second portion of the Ordinance discusses noise disturbances and is more subjective as to what may or may not be a disturbing noise; and he reviewed the number of exceptions that the provisions of this Ordinance shall not apply to, as found in Section 7 of the Ordinance. Mr. Hass noted that there is a separate section of the Ordinance that applies to Violations and Penalties, which states that a $30 fine is imposed for the first violation, $60 for the second violation, and $300 for each successive violation within thirty (30) days of the prior violation, and it does provide for civil enforcement as well as criminal prosecution. Mr. Hass noted that the proposed Ordinance is a draft dated September 18, 1997 and is different from the 1st Reading; he reviewed those revisions, noting that the main difference is that they have removed the concept of permitted noise sources and will instead try and approach that issue through zoning special review. In addition to these revisions, Mr. Hass offered two other housekeeping changes in the Ordinance.
At this time the public comment portion of the hearing was opened and the following persons addressed the Board: Mick Peterson, Ronald Klein, Dick Rayner, and Christine Snyder. Mr. Peterson, Specialist in Ultra Sonics and Noise, noted he attended the hearing for the White Buffalo Liquor License Hearing and at that time, it was evident there were some clear issues that needed to be addressed in the County; however, he stated that this proposed Noise Ordinance does not address the primary issues discussed at that hearing and neglects a large portion of the research which has been done associated with environmental noise. Mr. Peterson stated that he thinks the time has come for a Noise Ordinance because we are in a period of increased urbanization in the County, but this doesn't address any of the needs for better objective criteria and it creates a series of laws that will be difficult to enforce. Mr. Klein submitted a handout outlining his thoughts on the proposed Ordinance; he noted that this Ordinance is technically flawed, unduly restrictive, unenforceable, and open to abuse by subjective & selective enforcement. In summary, Mr. Klein stated that this Ordinance will lead to arbitrary and capricious enforcement actions by citizens and Larimer County Officials and violates the rights of citizens to just and equitable enforcement of laws based on understandable and objective criteria; he noted that this Ordinance is grounds for litigation, harassment of neighbors, harassment of farmers, etc. Mr. Rayner, who manages two airports, voiced his concern specifically with the subjective part of this proposed Ordinance; he is concerned that airport noise could impinge residents from the proposed trailer park north of the downtown Fort Collins Airport and they will voice their complaints; he asked the Board to take another strong look at this part of the Ordinance because it will harass citizens and the Board. Ms. Snyder, who lives next to the Canyon Grill on CR 38E, stated that she has lived next to this place of business of 8 years and noise has been a real problem for them; she noted that the current owner has been the best operator so far in keeping the noise down, but two years ago it was no bad they had to leave their home in the night on several occasions. Ms. Snyder stated she is in support of the Noise Ordinance because it is really needed in the County.
At this time the public comment portion of the hearing was closed and opened for Commissioner's comments: Commissioner Clarke stated that with respect to the concern about complaints from citizens regarding airport noise, the section outlining Exceptions states that aircraft is not subject to this Ordinance; he continued that Mr. Klein's comments are good, but noted that this Ordinance states that you can't make noise that bothers others and if it does, that noise has to be curtailed so others can enjoy life, liberty, and pursuit of happiness. Commissioner Olson stated that this Noise Ordinance is a place to begin and a tool that is needed in Larimer County; Chair Disney stated that he supports the Ordinance as written, and even though it isn't perfect, it is a step in the right direction and will be amended and improved over time as the need arises.
M O T I O N
Commissioner Olson moved that the Board of County Commissioners adopt the Ordinance Concerning Noise Levels in Unincorporated Larimer County, and authorize the Chair to sign same when presented for signature after suggested revisions are made.
Motion carried 3 - 0.
097-03 ORDINANCE CONCERNING NOISE LEVELS IN UNINCORPORATED
The hearing adjourned at 7:45 p.m.
TUESDAY, SEPTEMBER 23, 1997
The Board of County Commissioners met at 9:00 a.m. in regular session with Neil Gluckman, Assistant County Manager. Chair Disney presided; Commissioners Clarke and Olson were present. Also present were: Joan Duchene, Commissioners' Office Secretary; Daryl Burkhard, Open Lands Resource Specialist; Ralph Jacobs, Director Human Resources; Frank Lancaster, County Manager; Donna Hart, Commissioners' Office Staff Services Manager; and Deni LaRue, Community Information Manager. Recording Clerk , S. Graves.
1. OPEN SESSION FOR PUBLIC COMMENT: No one came today to address the Board during the open session for public comment.
2. APPROVAL OF MINUTES FOR WEEK OF SEPTEMBER 15, 1997:
M O T I O N
Commissioner Clarke moved that the Board of County Commissioners approve the Minutes for the week of September 15, 1997, as submitted.
Motion carried 2 - 0; Commissioner Olson abstained from voting as she was attending the Systematic Development of Informed Consent Workshop last week and was not present for Administrative Matters.
3. APPROVAL OF SCHEDULE FOR WEEK OF SEPTEMBER 29, 1997:
M O T I O N
Commissioner Olson moved that the Board of County Commissioners approve the Schedule for the week of September 29, 1997, as submitted.
Motion carried 3 - 0.
4. APPROVAL OF CONSENT AGENDA ON DOCUMENT REVIEW:
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 on Document Review for September 23, 1997:
MISCELLANEOUS DOCUMENTS: East Owassa Subdivision Amended Plat for Lot 50, Block 31; Windcliff Estates Amended Plat for Lots 6 & 7, Block 1, Fifth Filing; and the August 1997 Check Register from the Social Services Department. LIQUOR LICENSES: A License was issued to the River Forks Stage Stop - 6% - Drake, CO. County approval was granted to La Chaumiere, Inc. - 6% - Lyons, CO. and a Waive of Hearing for the Change of Ownership for Fossil Creek Conoco, 5900 South College Avenue, Fort Collins, Colorado for a Retail 3.2% Malt Liquor License.
A97-140 AGREEMENT CONCERNING FENCE REPLACEMENT AND
EROSION CONTROL ON COUNTY ROAD 24H BETWEEN THE
BOARD OF COUNTY COMMISSIONERS AND CARLSON
D97-34 DEED OF DEDICATION BY MARION MONROE (Correction on Legal
Description for a Deed of Dedication)
Motion carried 3 - 0.
5. APPOINTMENTS TO THE AGRICULTURAL ADVISORY BOARD AND BOARD OF MENTAL HEALTH:
Commissioner Olson moved that the Board of County Commissioners approve the following appointments to the Agricultural Advisory Board: Jim Geist and Polly Grant, each to a 3-year term ending June 30, 2000; Steve Olander to a 2-year term ending June 30, 1999; and Larry Lempka to a 1-year term ending June 30, 1998.
Motion carried 3 - 0.
M O T I O N
Commissioner Clarke moved that the Board of County Commissioners approve the following appointments to the Mental Health Advisory Board: Cheryl Lang to a 2-year term ending June 30, 1999 and Ron Ayers to a 3-year term ending June 30, 2000.
Motion carried 3 - 0.
6. PLANNING GRANT APPLICATIONS TO GREAT OUTDOORS COLORADO:
Ms. Burkhard stated that a request has been received from Poudre/North Park Byway Council to sponsor a grant proposal they are submitting to Great Outdoors Colorado (GOCO). She noted that the Council is not an eligible organization to apply for this grant and they need the County to act as a conduit along with Jackson County; in addition, the Council is requesting a contribution of $1,000 to the project from Larimer County. Ms. Burkhard stated that the project proposes to develop three loop road tours for the Byway that emphasizes education and interaction with the natural environment; she noted that the grant project also falls outside the mission of the Larimer County Open Lands program and cannot be funded by them. Much discussion of the County's budget restraints for 1997 followed; Chair Disney noted that the Upper Front Range Transportation Planning Region has had enhancement dollars for projects similar to this, but they are also out of funds, however Walden is in a different transportation planning region and they may have enhancement dollars available to fund this project and he recommended that Ms. Burkhard look into this possibility. There was also discussion of the impact of traffic concerns which would be generated from additional traffic on these road tours. CONSENSUS OF THE BOARD was that the Board cannot approve this request to co-sponsor a grant application to GOCO to develop three loop road tours, nor authorize funding for same.
7. BUDGET "B" RECOMMENDATIONS:
Mr. Lancaster submitted and reviewed the Budget "B" adjustments for 1998 and adjustments under consideration for 1999 and beyond; he noted that the Budget "B" Committee has been preparing for whatever happens in the election in November because they need to have a balanced budget for the Board to approve - Budget "A" will be approved if the facilities sales tax issue is passed and Budget "B" if it does not. Mr. Lancaster noted that the Budget "B" Committee is composed of Division Heads and Chief Deputies of all the Elected Officials and they have been working for several months on the budgets; their goal was to come up with $1.5 million in cuts for 1998 and $5,000,000 in cuts for 1999 and beyond. Mr. Lancaster requested comments from the Board; he noted that one of the good things that evolved from working on the budget is that everyone on the Committee now has a more global look of the money in the budget. Mr. Lancaster noted that the Committee discussed freezing salaries or across the board cuts to each Department; however, the Committee decided these specific budget adjustments were the preferred alternative.
Questions from the Board and much discussion followed; the Board complimented the Budget "B" Committee for their hard work in developing these budget adjustments and requested that Mr. Lancaster and Budget Manager Mr. Keister proceed with the budget adjustments as presented.
-- Request for Clarification in Appointed Employee Salary Policy: Mr. Lancaster requested clarification from the Board regarding a statement under the section titled Performance Based Salary Adjustments in the Appointed Employee Salary Policy; discussion followed and the Board advised Mr. Lancaster to make a minor change in the statement and return to the Board with the revised policy statement.
-- Update on DIA Noise Study: Mr. Lancaster provided an update for the Board on the Denver International Airport (DIA) Noise study and noted that the County has been requested to contribute to purchase membership in the study; he noted that it has been hard to get information on this study and in order to become a participant at the table, it seems necessary to make this contribution. Mr. Lancaster noted that the County did receive $1,000 from the Town of Estes Park to participate in the study, we hope to receive something from the City of Loveland, and the City of Fort Collins has offered to make up the difference so we can be a full partner at the table; he recommended that the Board commit to $5,000. CONSENSUS OF THE BOARD was for Mr. Lancaster to pay the invoice and off set it by the revenues received; in the County needs a representative, Chair Disney indicated that he will volunteer.
-- Meeting with the City of Loveland: Mr. Gluckman noted that in addition to the agenda items listed for the Joint Meeting with the Board and the City of Loveland, an update on the Fairgrounds Committee was added to the agenda. Chair Disney stated that interviews for the Blue Ribbon Task Force are being conducted; he noted that this Task Force is to consider relocation of the Fairgrounds. It was suggested that Frank Bruno from the City of Fort Collins be invited to provide an update on the DIA Noise Study, and Chief Planner Russ Legg to give a presentation on density management.
-- Request for Approval from Information Management: Mr. Jacobs reminded the Board that Personnel Policy requires that any department desiring to pay a new employee above step "E" of the assigned pay grade must obtain approval of the Board; he noted that Information Management has found an excellent employee to be their Application Development and End User Computing Manager and they are requesting Board approval to pay Greg Vickerman at step "L" of pay grade 166.
M O T I O N
Commissioner Clarke moved that the Board of County Commissioners approve the request to hire Greg Vickerman at step "L" of pay grade 166, provided that funds for this upgrade are derived from the budget of the Information Management Department.
Motion carried 3 - 0.
-- Invitations: Ms. Hart reviewed the pending invitations with the Board and they indicated to her which events they could attend.
9. COMMISSIONER REPORTS:
-- Commissioner Olson thanked her fellow Commissioners for sending her to the Systematic Development of Informed Consent Workshop last week. She reported that Mr. Jacobs and Doreen Kemp went to the Leading Learning Communities Training through CSU President's Community Relations and obtained good information.
-- Commissioner Olson noted that when the Board meets with Larry Timm on Monday at 2:30 p.m. about our list for the City of Fort Collins, they will also have a general idea where we want them to go with IGA's with the other communities.
-- Commissioner Olson stated that the Rural Land Use Center (RLUC) needs some guidance from the Board, particularly on the parcel of land by Rist Canyon; she noted that there are some real benefits to be gained from this proposal because if that parcel was divided into 35-acre sites, the houses would end up on the ridgeline. Commissioner Olson also noted she had a meeting with RLUC Director Jim Reidhead, County Engineer Marc Engemoen, and Engineer Rex Burns about the J. J. Garcia development which impacts the road that washed away during the heavy rain on July 28, 1997 that leads to the Continental North Subdivision; she noted they are debating whether or not to continue with the October 6, 1997 hearing on this issue because they think the hearing will become a neighborhood meeting on this road issue.
-- Commissioner Clarke reported on Health and Human Services and stated that they are still getting some concerns regarding foster parents; he noted that some things have been resolved and some not and there are more issues now. He is going to meet with them again and he asked County Attorney George Hass to review the situations to make sure they avoid litigation and he noted he received some good guidelines from him. Commissioner Clarke concluded by stating that foster parents are really important to us and it is important we have a good relationship with them.
-- Chair Disney informed his colleagues that on the Transportation Legislative Review Committee's Fall road bus trip last week, Cindy Erker, Commissioner from Morgan County, approached him to thank Larimer County for getting welfare reform right and said that many Counties are going to follow our lead.
-- Chair Disney noted he was informed that at one of the open houses held for the update on the North Front Range Transportation Plan that the citizens near the I-25 and Highway 14 Interchange are concerned about implementing a permanent solution at this location; he noted that these citizens were told they need to come to the Commissioners first and then the Board needs to initiate the action with the North Front Range Council to begin the process for getting it into the program - the funding for this upgrade is $1 million.
-- Chair Disney noted for the Board's information that he received a letter from Senator Bob Schaffer expressing his concern that he hasn't anything about the local match for obtaining funding for the North Front Range Corridor Investment Study. Chair Disney stated that CDOT has the match and the only question remaining is how much of CDOT's $360,000 local match will be offset by private contributions.
-- Chair Disney noted that the North Front Range Transportation Plan is in the resource allocation process to determine what percentage of funds are to be dedicated to each of the mobility categories; he noted that this determines how funds will be spent over the next 20 years. Chair Disney stated that he will meet with each Commissioner individually to review these percentages and share his thoughts to see if they are in concurrence.
JIM DISNEY, CHAIR
LARIMER COUNTY BOARD OF COMMISSIONERS
MYRNA J. RODENBERGER
LARIMER COUNTY CLERK & RECORDER
( S E A L )
Sherry E. Graves, Deputy County Clerk