Elk in Rocky Mountain National Park
 

PROCEEDINGS OF THE BOARD OF COUNTY COMMISSIONERS

MONDAY, AUGUST 28, 1995

LAND USE PLANNING MEETINGS

(#349 & #350)

The Board of County Commissioners met at 9:00 a.m. in regular session with John Barnett, Director of Planning. Chair Disney presided; Commissioners Clarke and Duvall were present. Also present were: Carol Evans and Richael Michels, Planners I; Rob Helmick, Planner II; Rex Burns, Harry Lynam, and Brian Fraaken of Engineering; Doug Ryan, Environmental Health; Al Kadera, Subdivision Administrator; and Jeannine Haag, Assistant County Attorney. Recording Clerk, S. Graves.

M O T I O N

Commissioner Clarke moved that the Board table the Berthoud Lake Ranchettes (#92-SU0128) until September 11, 1995.

Motion carried 3 - 0.

Chair Disney noted that Item #7 on today's agenda, the Harris Zoning Violation (#95-ZV0692) has been withdrawn.

1. O'DONNELL MINOR RESIDENTIAL DEVELOPMENT (#94-EX0639):

NW 1/4 25-05-71; SOUTH SIDE OF COUNTY ROAD 18E, ONE MILE

NORTHWEST OF PINEWOOD LAKE; 9.8 ACRES; 2 LOTS;

O-OPEN ZONING

This is a request to divide 9.86 acres into two lots of 4.93 acres, both with existing dwellings. Ms. Evans noted that this item was heard by the Board on August 14, 1995 and, at that time, was tabled until today to allow time for the Larimer County Sheriff's Department to conduct a site visit to the subject property to evaluate existing water sources proposed for use as fire protection water supply. Ms. Evans stated that Cpl. Don Griffith of Emergency Services has made that site visit and condition of approval #7 (as outlined below) has been revised accordingly.

Applicant Terry O'Donnell expressed appreciation for Cpl. Griffith's site visit; he stated he still maintains there is an adequate water supply on the property for fire protection, but he will do whatever the Board dictates. Staff Findings include: 1) The proposed O'Donnell MRD is consistent with the existing character of the area, the Comprehensive Plan, the Comprehensive Zoning Resolution, and the requirements of the Subdivision Resolution regarding Minor Residential Developments; 2) Approval of the O'Donnell MRD, with certain conditions, should not result in any significant impacts on surrounding properties, the natural environment, or the provision of services and transportation.

The Staff Recommendation is for approval of the O'Donnell MRD with the following conditions, as revised: 1) The applicants shall submit a copy of the late registration permit for the spring well to the Planning Department; 2) Sufficient additional right-of-way shall be dedicated on the Final Plat to provide a half right-of-way of 35' along the frontage of County Road 18E (in the northwest corner of the property); 3) An access easement covering the portion of the access road which crosses the property that lies between the County Road and the subject property shall be submitted. The legal description of the easement shall be included on this document; the easement documents shall be recorded with the Final Plat; 4) A road maintenance agreement that addresses shared use and maintenance of the access road to these lots must be submitted to be recorded with the Final Plat. The Final Plat shall also note the existence of this maintenance agreement; 5) The Final Plat shall show the non-buildable area, the potential rockfall area and the setback area along Quillan Gulch as shown in Appendix G of the Geologic Hazard Mitigation Report. The Final Plat shall contain the following notes: a) No construction of any kind shall be allowed in the area of potential rock fall located south and west of Quillan Gulch without a preliminary geotechnical investigation or detailed landslide investigation conducted by a professional engineer or engineering geologist; b) The 5' setback area on either side of Quillan Gulch is to restrict future construction in that area because of possible slope failure. If construction is proposed for that area, a slope stability study conducted by a professional geotechnical Engineer shall be required. Appropriate zoning setbacks must also be met or a variance received before construction in this area; c) No construction of any structure with any loading potential shall be placed in the non-buildable area located in the northwest corner of this property due to potential slope stability failure and possible damage to the existing residence at that location; d) Because of possible flooding from Quillan Gulch, it is suggested that property owners investigate need for flood hazard insurance; e) Radon gas is a concern in Larimer County. Property owners may wish to conduct radon tests to determine the presence of any radon hazard. Mitigation of any radon problem is at the discretion of the property owner; 6) The applicants shall complete the wildfire mitigation items a, b & e as recommended in the Wildfire Hazard Mitigation Plan prepared for this property. Written notice of satisfactory completion of this mitigation from a professional forester shall be submitted to the Planning Department prior to recording the Final Plat. The Final Plat shall note that the property is located in a severe wildfire hazard area and that hazard mitigation efforts should be maintained by property owners; 7) The applications shall install a minimum 1500 gallon underground water storage vault for fire protection purposes in the same location as the existing 1500 gallon storage vault. Both vaults shall be fit with standpipes that extend to within 4" of the bottom of the vault and appropriate connections that meet the specifications of the Loveland Rural Fire Protection District. The existing storage vault must be drained and cleared of debris. Installation of the new vault and cleaning and required modifications to the existing vault shall be completed prior to recording the Final Plat; 8) Recording fees for the Final Plat and required documents shall be paid by the applicants; 9) All conditions shall be met and the Final Plat recorded by February 14, 1996 or this approval shall be null and void.

M O T I O N

Commissioner Duvall moved that the Board adopt the Staff Findings and the Staff Recommendation and approve the O'Donnell Minor Residential Development (#94-EX0639), with conditions as revised after Cpl. Griffith's visit of the site.

Motion carried 3 - 0.

2. WILFORD MINOR RESIDENTIAL DEVELOPMENT APPEAL

(#95-EX0752): 31-8-69; SOUTH SIDE OF COUNTY ROAD 50E AND

THE NORTHWEST SIDE OF CLAYMORE LAKE; 32 ACRES; 2 LOTS;

FA-FARMING ZONING

This is a request for an Appeal of the Minor Residential Development criteria to allow a MRD application to be processed for land divided since 1972, thereby creating more than 2 lots by the exemption process. Ms. Michels provided the project description and history of the site and reviewed the major issues and concerns. Staff Findings are: 1) The Wilford property was divided after May 5, 1972 and a portion of the original property was previously divided by the Minor Residential Development process; 2) The Minor Residential Development Regulations were amended in 1993 by the Board of County Commissioners to allow applications for MRD to be processed for only 2 lots and for property that had not been divided since May 5, 1972; 3) This is a policy decision which is at the discretion of the Board of County Commissioners; 4) Due to possible impacts of this proposal, Planning Commission review of this proposal and its impacts may be appropriate. The Staff Recommendation is for denial of the Appeal of the Minor Residential Development Regulations submitted by Tom and JoAnn Wilford.

Brad March, attorney for the applicants, addressed the Board and questioned the projected 20 vehicle trips to be generated per day for only two residential structures; as requested by Chair Disney, Mr. Burns explained how 10 vehicle trips per day per household is determined. Mr. March noted that this property was originally purchased in 1950 by Bill Wilford; in 1966 his son Tom built a house on the property, but it was not deeded until August 28, 1972, and Senate Bill 35 was enacted in May 1972. Now the Tom Wilfords are asking to divide the property into two lots, in essence doing estate planning for their two children, as their son wishes to build a home on one of the lots. Mr. March submitted a map of the site; the Board suggested, if approval is granted, that the the parcel be divided into two 16-acre parcels, rather than the division of 28 and 4 acres as suggested.

Commissioner Duvall stated that her major concern with allowing this appeal is that every week the Board is asked to approve an appeal of the minor residential development (MRD) policy, and that by the Board granting these appeals every week indicates that the current policy is meaningless; she stated that the policy needs to be reviewed and revised. Commissioner Duvall stated she would like to support the appeal request because it is for family; however, if this appeal is approved, the lot size has to be consistent with the LaPorte Area Plan. Commissioner Clarke agreed that the MRD policy needs some review and hopefully it will be revised and become part of the new Partnership Land Use System (PLUS). Chair Disney asked how much advantage would there be to send this appeal to the Planning Commission; Mr. Barnett responded that most of the issues to be resolved are technical; therefore, he does not think it needs to be reviewed by the Planning Commission.

M O T I O N

Commissioner Clarke moved that the Board approve the Wilford Minor Residential Development Appeal (#95-EX0752).

AMENDMENT TO THE MOTION

Commissioner Duvall amended the motion by adding the statement that the lots that are created must be consistent with the LaPorte Area Plan.

Amendment and Motion carried 3 - 0.

3. DEVORE MINOR RESIDENTIAL DEVELOPMENT APPEAL

(#95-EX0756): 17-8-69; SOUTH OF U.S. HIGHWAY 287 (BY-PASS),

1/2 MILE WEST OF THE CEMENT PLANT; 35 ACRES; 2 LOTS;

O-OPEN ZONING

This is a request for an appeal of the Minor Residential Development criteria to allow a MRD application to be processed on property with an existing commercial use, without direct access to a public road and which has been previously divided by exemption. Ms. Michels provided the project description, reviewed the history of the property, and reviewed the major issues and concerns. Staff Findings include: 1) The property was part of a larger parcel that has been divided by exemption in 1977 and again in 1993 into 35 acre parcels and, therefore, does not meet the MRD criteria of the land remaining undivided since 1972; 2) The proposed use of the property is a mix of residential and commercial uses which are more properly evaluated through the Subdivision or PUD regulations; 3) The proposed use contains commercial uses which does not meet the "residential use only" criteria of the MRD regulations; 4) The property takes access to a State Highway via an access easement and, therefore, does not meet the MRD criteria which requires direct access to a public road; 5) Approval of this appeal would set a precedent for further MRD appeals for commercial use projects and for the use of existing MRD lots for commercial purposes; 6) Denial of this appeal will give the Planning Commission the opportunity to review this proposal and its impacts; 7) If this appeal is not granted, the applicants will still be able to apply for a subdivision of their land under the subdivision process. The Staff Recommendation is for denial of the appeal of the Minor Residential Development Regulations submitted by Gene Devore.

Judy Devore, applicant, addressed the Board and stated that their son was in a serious car accident and they want to divide their property so he can build a home for his family; she noted they need help in the business and this way their son can live and work in one location. Ms. Devore submitted a map of the area for the Board to review. Commissioner Duvall noted her desire to help families work together and help each other but she expressed concern about allowing exemptions, and in particular where the MRD process is used to create commercial property. Commissioner Duvall suggested that going through the subdivision process might be a more appropriate route since commercial property is involved, and she stated it is crucial to conform with the LaPorte Area Plan. Commissioner Clarke also noted that commercial uses should be reviewed under the PUD regulations. Chair Disney cautioned that if this appeal is allowed, it represents more than just granting an exemption, it sets a precedent for allowing commercial property in MRD's. Mr. Barnett stated that he thinks this request should have a thorough review by the reviewing agencies and should be heard by the Planning Commission and it would be more appropriate to proceed through the subdivision or planned unit development process.

M O T I O N

Commissioner Duvall moved that the Board adopt the Staff Findings and Staff Recommendation and deny the Devore Minor Residential Development Appeal (#95-EX0756) and recommend that the Devore's work with staff and go through the more extensive, but more procedurally-correct process of review.

Motion carried 3 - 0.

4. FEIGHNER AMENDED MINOR RESIDENTIAL DEVELOPMENT LOT 1

(#95-EX0750): 36-04-70; 1870 SHERLYN COURT, SOUTH OF COUNTY

ROAD 4; 5.03 ACRES; FA-1 FARMING

This is a request to modify the condition of approval of allowing only single family residential use of the Feighner MRD to permit the construction of a 60' x 200' greenhouse for the growing and sale of wholesale vegetables. Mr. Helmick reviewed the major issues and concerns; he noted that he has received one phone call from an adjacent property owner expressing concerns, but the three conditions to be imposed satisfied her concerns. Staff Findings are: 1) The Feighner Minor Residential Development was approved in 1993; 2) The condition of approval limiting uses to single family residential and accessory uses was imposed at the time of approval; 3) The condition is standard for all minor residential developments; 4) The use of the property for a greenhouse is allowed by the underlying zoning, FA-1; 5) There are other non-residential uses in the area.

The Staff Recommendation is for approval of the requested change of condition subject to the following conditions: 1) This approval is only for the use as a wholesale greenhouse; the facility shall not be open to the public or available for retail sales; 2) If a subsequent request is made to change the use to allow for retail sales or general public access, a traffic study shall be required; 3) Approval of the HOA for Sherlyn Court is required to assess for additional road maintenance costs.

Bruce Whitley, applicant, stated that after making this request for a 60 x 200 foot greenhouse, he has talked to engineers and after more investigation of greenhouses, he has learned that 200' is not a good length to maintain conditions in the greenhouse; therefore, he is proposing 150 or 160' as a maximum size, and because of cost, in the beginning they will probably only build a 3,000 square foot greenhouse. Mr. Whitley stated that they do not ever plan to become a major production source, it will mainly be a family operation. The following adjacent property owners addressed the Board: David Smith, Robert Johnson, Sandy Johnson, Joyce Sherman, and Joan Dorty; they cited their concerns regarding the height of the building, noise from power generators, commercial operation, applicant is not a party to the road agreement, inadequate water pressure, precedent setting, future owners possibly growing drugs in the greenhouse, increased traffic on the road creating safety concern for small children, decrease in property values, size of the building, etc. Mr. Whitley submitted a brochure showing the type of modular building he will construct and he stated that his building will enhance property values compared to some of the other sheds and buildings on some of the other properties in the area. Discussion among the Board followed; Chair Disney suggested this matter be postponed to allow time for a neighborhood meeting to be held to address all the neighbors concerns and possibly this matter can come back before the Board as a consent item.

M O T I O N

Commissioner Clarke moved that the Board table the Feighner Amended Minor Residential Development Lot 1 (#95-EX0750) until October 2, 1995, to allow time for a neighborhood meeting to be held to resolve the neighbors concerns.

Motion carried 3 - 0.

5. EAGLE CREST SUBDIVISION (#93-SU0413): NW 1/4 36-05-69; EAST

SIDE OF U.S. HIGHWAY 287, 1/2 MILE NORTH OF COLORADO

HIGHWAY 60; 41.33 ACRES; 29 LOTS; FA-FARMING ZONING.

This is a request to divide a 41.3 acre parcel into 28 lots for single family residential use (with lots ranging in size from 0.8 to 1.6 acres) with 6.8 acres of open space. Ms. Evans provided the project and area description and reviewed the major concerns and regulatory and technical issues; she noted the site is 1/4 mile south of the Loveland City limits in the municipal expansion area (which corresponds to the Urban Growth Area). Ms. Evans noted that in recommending conditional approval of this subdivision, the Planning Commission asked staff to spend more time with the Board discussing traffic concerns as they wondered if turn lanes would be appropriate at this location. After further review by the County Engineering Department, Ms. Evans stated that they determined that the addition of turn lanes at this location will have a minimal impact on safety; however, they do suggest that the access road be widened by two feet to accommodate three 12' lanes to permit the access to be striped for one lane entering and two lanes exiting the development. Ms. Evans also noted that the Colorado Department of Transportation (CDOT) spent quite a bit of time reviewing the proposal, meeting with the developer on site, looking at the issues and they also determined that turn lanes are not warranted for this development. Ms. Evans noted for the record that written comments were received from one citizen in the area expressing concern about the traffic. Staff Findings include: 1) The proposed Eagle Crest Subdivision is consistent with the Larimer County Comprehensive Plan, the Comprehensive Zoning Resolution, the existing zoning on the property, and the Subdivision Resolution and is compatible with existing and planned uses in the area; 2) The City of Loveland states that the proposed development complies with the philosophies of the Loveland Master Plan for this area; 3) Approval of the Eagle Crest Subdivision, with certain conditions, should not result in any significant negative impacts on neighboring properties, the natural environment, or the provision of services and transportation.

The Staff/Planning Commission Recommendation of July 19, 1995 is for approval of the waiver request from the 1/6 contiguity requirement of the UGA Phasing Criteria, as contained in the Intergovernmental Agreement for the Loveland Urban Growth Area, and approval of the proposed Eagle Crest Preliminary Plat, with the following conditions: 1) The Final Plat shall be completed in strict conformance with the conditionally approved Preliminary Plat, including all notes; 2) The following notes shall be included on the Final Plat: a) The lots in this development are subject to an annexation agreement recorded with this Plat; b) Property owners should be advised that noise insulation of walls and double glazing of windows exposed to U.S. Highway 287 is recommended for residential structures to mitigate potential impacts of traffic noise; c) Lot owners should be aware that stub streets are dedicated as public right-of-way on this plat between Lots 3 and 4 and Lots 7 and 8. These stub streets are platted for use for future street connections and lot owners should be aware that roads may be constructed on these right-of-ways in the future; d) The emergency access provided for this development between Lots 3 and 4 is to be used for emergency access only until such time as the street is fully constructed and provides a second point of access for this development. No parking is permitted in the emergency access, nor shall the entrance or any portion of that access be blocked at any time; e) Streets in this development shall not be maintained by Larimer County. Maintenance of the streets, including the emergency access, shall be the responsibility of the property owners. Failure to maintain these facilities may result in a lien being placed on these lots; f) Passive radon mitigation measures, in accordance with established EPA guidelines, shall be included in construction of residential structures on these lots. Results of a radon detection test, conducted after the dwelling is enclosed, but prior to issuance of a Certificate of Occupancy, must be submitted to the Planning Department; g) Engineered footing and foundation plans shall be required for all construction on these lots; h) The U.S. Army Corps of Engineers has indicated the presence of wetlands on this property. A wetlands map is on file in the Planning Department. Proper Department of the Army permits are required before any work in the wetlands area; i) Lot owners should be advised that there is a potential for nuisance conflicts from wildlife (such as skunks and raccoons) and insects related to the wetland area. During certain times of the year, mosquitoes are numerous. Property owners should be aware that Larimer County does not have a mosquito abatement program. Any mosquito abatement activity will be the responsibility of the homeowner; such activity must be according to applicable Federal, State and local rules and regulations; j) A "native vegetation zone" is provided on the western boundary of Lots 1, 2, 3, 15, 16 and 17 to provide a buffer between formal landscaped areas and the wetlands. Native vegetation must be maintained in this area; enforcement of this provision is the responsibility of the Homeowners Association; k) Park fees for the Loveland Urban Growth Area will be collected at the time of building permit issuance for new dwellings on these lots. The current fee at time of building permit application shall apply; 3) No trees, fences or permanent structures shall be allowed in the utility or drainage easements in this development; 4) A signed annexation agreement shall be submitted to the Planning Department for recording with the Final Plat; 5) The developer shall comply with the requirements of the Colorado Department of Transportation regarding access relocation and design, provision of dedicated and reserved right-of-way, acquiring access and utility permits, control on use of emergency access, and drainage facility design and location. Written approval of the access and drainage plans from the Department of Transportation must be submitted prior to approval and recording of the Final Plat; 6) The developer shall comply with the requirements of the County Engineering Department regarding provision of drainage easements. Full construction plans, a final stormwater drainage report, and an erosion control report shall be submitted. These plans must be approved by the Engineering Department and the Loveland Fire Prevention Bureau (road plans) prior to approval and recording of the Final Plat; 7) A permanent grant of easement from the adjacent property owner for right to use the driveway for emergency access shall be submitted to be recorded with the Final Plat. The developer shall submit plans for access control and improvements to the emergency access. These plans shall be approved by the Loveland Fire Prevention Bureau. The emergency access shall be posted with "No Parking" signs, as well as a sign to indicate use is for emergency access only and that the access must not be blocked at any time; 8) The developer shall comply with the requirements of the Little Thompson Water District regarding payment of fees, line extensions, and other improvements needed to serve this development. Requirements of the City of Loveland to provide sewer service to this development shall also be met. Water and sewer plans must be approved and signed by the service providers; three copies of signed plans shall be submitted to the Planning Department prior to approval and recording of the Final Plat; 9) A fugitive dust control plan shall be submitted to address potential problems during major construction activity on this site. This plan shall be approved by the Health Department prior to approval and recording of the Final Plat; 10) Final water utility plans and hydrant locations shall be approved by the Loveland Fire Prevention Bureau. Hydrants shall be provided by the developer, as required by the Fire Marshal; 11) Street names for this development shall be approved by the County Building Department and the Loveland Fire Prevention Bureau; the Final Plat shall show approved street names; 12) Wetlands on this site shall be delineated and mapped by a qualified consultant. Three copies of the final map shall be submitted to the Planning Department. Written approval of the improvements planned for the wetlands area, including any portion of the access road and drainage facilities, from the Corps of Engineers, shall be submitted. A copy of the Department of the Army permit shall be submitted prior to approval and recording of the Final Plat; 13) The Final Plat shall show the 25' native vegetation zone along the western boundary of the lots adjacent to the wetlands area/open space tracts; 14) The developer shall submit a landscape plan that meets the requirements of the County's landscape guidelines, as specified by the Natural Resources Department. This plan shall be approved by Natural Resources prior to approval and recording of the Final Plat; 15) School fees of $8 per lot shall be paid prior to recording the Final Plat; 16) Easements, as requested by the utility companies, shall be provided on the Final Plat; 17) All improvements for this development (including streets, utility extensions and installations, landscaping materials and installation, street signs, fire hydrants, emergency access improvements, school bus shelter and drainage facilities) shall be included in a Subdivision Improvements Agreement (SIA) which shall be secured by appropriate collateral of a type and amount approved by the County Commissioners. The SIA, along with cost estimates and collateral, shall be submitted to the Planning Department. These documents must be approved prior to recording the Final Plat; 18) The developer shall submit documentation showing the incorporation of a Homeowner's Association for this development, along with covenants that address maintenance of the subdivision streets, emergency access road, sidewalks, school bus shelter, open space, and any other common facilities. Those portions of the covenants relating to these items must be approved by the County Attorney's Office prior to recording the Final Plat; 19) All recording fees for the Final Plat, and any required documents, shall be the responsibility of the developer.

Discussion and questions from the Board followed; Mr. Burns, Mr. Fraaken, and Gloria Hice-Idler from CDOT addressed the traffic issue and reiterated that the requirement of an additional lane was not warranted at this time. Dick von Bernuth, applicant, presented several large visuals of the subdivision plans and described the project in detail; he noted that along Highway 287 at the proposed access there is an existing wetlands and they are using that as open space and will install plantings and landscaping to enhance it. Mr. von Bernuth informed the Board that they will have a Homeowner's Association and agreement in place which will be responsible for the maintenance of roads and open space; he noted that the proposed subdivision is infill as there is development on all sides and it is not leap-frog development.





M O T I O N

Commissioner Clarke moved that the Board adopt the Staff Findings and Staff/Planning Commission Recommendation and approve the Eagle Crest Subdivision (#93-SU0413).

Motion carried 3 - 0.

The meeting adjourned at 11:20 a.m.

TUESDAY, AUGUST 29, 1995

MEETING WITH RUSSELL LEGG REGARDING COUNTY CABLE

TV MATTERS

(#351)

The Board of County Commissioners met at 9:30 a.m. in regular session with Russell Legg, Chief Planner. Chair Disney presided; Commissioners Clarke and Duvall were present. Also present were: Mike Bryant, Access and Utility Coordinator; Jeannine Haag, Assistant County Attorney; Neil Gluckman, Assistant County Manager; Donna Hart, Assistant to the County Manager; and Frank Lancaster, County Manager. Recording Clerk, A. Jensen.

Mr. Legg stated the purpose of today's meeting was to present the proposed agreement with the City of Fort Collins to broadcast County meetings from the courthouse and request authorization to sign this agreement. A brief synopsis of the agreement was given by Mr. Legg. The meeting was then opened up for questions and comments. Discussion followed regarding this agreement, the benefits of partnerships and how efforts are proceeding in hooking up with the City of Loveland. Mr. Lancaster commented on how broadcasting County meetings will bring government closer to the public. Commissioner Duvall inquired if it was possible to take tapes of the meetings to Estes Park and Loveland until they get hooked up. Mr. Legg responded yes. Mr. Legg also reported that there are several departments excited about having this programming available. Mr. Lancaster emphasized that no taxpayers money will be used for this project; the franchise fees will cover the costs involved as well as make funding available for other public information projects. Commissioner Clarke expressed his support for this partnership.

M O T I O N

Commissioner Duvall moved that the Board approve the Agreement between the City of Fort Collins and the Board of County Commissioners for Larimer County whereby the County will cablecast governmental County programs on the City's Government Access channel, currently Columbine Cablevision Channel 27, and to authorize the County Manager to sign the Agreement.

Motion carried 3 - 0.

A95-98 CABLE SERVICES AGREEMENT BETWEEN THE BOARD OF

COUNTY COMMISSIONERS AND THE CITY OF FORT COLLINS

M O T I O N

Commissioner Clarke moved that the Board approve the purchase of cable equipment and installation services from R.I.A. Corporation pursuant to R.I.A.'s proposal dated August 22, 1995, and to pay shipping charges for such equipment.

Motion carried 3 - 0.

M O T I O N

Commissioner Duvall moved that the Board approve R.I.A. Corporation as the provider for the cable equipment and installation pursuant to the County's cooperative purchasing policy based on R.I.A. Corporation's selection to provide cable equipment and installation services to the City of Fort Collins through the City's competitive bidding process.

Motion carried 3 - 0.

M O T I O N

Commissioner Clarke moved that the Board approve the Letter Agreement between R.I.A. Corporation and Larimer County dated August 22, 1995, whereby the "Terms and Conditions of Sale" for the County's purchase of cable equipment are modified reflect the August 22, 1995 proposal and to require the County to pay shipping costs in exchange for R.I.A.'s assumption of the risk of loss or damage to the equipment during shipping, and to authorize the County Manager to sign the Letter Agreement.

Motion carried 3 - 0.

It was noted by Mr. Legg that Ms. Hart will be scheduling the programming.

The meeting adjourned at 9:50 a.m.

STANDING BUDGET MEETING

(# 351 at 1500)

The Board of County Commissioners reconvened at 1:30 p.m. in regular session with Bob Keister, Budget Manager. Chair Disney presided; Commissioners Clark and Duvall were present. Also present were: Paula Witman, Assessor's Administrative Supervisor; Irene Josey, Chief Deputy Treasurer; Neil Gluckman, Assistant County Manager; and Frank Lancaster, County Manager. Recording Clerk, A. Jensen.

1. Status of Tax Credit Concept: As part of the discussion, Mr. Keister referred to a letter submitted to the Commissioners, dated August 22, 1995 from Chuck Woodward, Larimer County Treasurer. Mr. Keister lead a discussion regarding the issues outlined in the letter. Mr. Keister noted that there is a discrepancy between what the treasurer is proposing and what George Hass, Larimer County Attorney is recommending and that he will take responsibility to reconcile the difference. Much discussion ensued regarding the sample tax bill, how to show a tax credit on the tax statement, and the process involved in deriving the tax bill information. Due to programming limitations, the Treasurer's office must restrict the amount of information that can be printed on the property tax statement; otherwise it will not fit on a single page. Chair Disney suggested to have an insert to be included with the 1995 property tax statement, which would explain the tax credit shown. CONSENSUS OF THE COMMISSIONERS was to provide additional funding for the Treasurer's office to include these inserts with the statements. Ms. Josey stated she will contact the Commissioner's office in January 1996 to discuss re-designing the property tax statement. Mr. Keister will work on developing an insert.

2. Budget Development Progress Report: Mr. Keister began the discussion with an explanation of the diagram drawn on the board demonstrating the differences between the 1995 and 1996 budget process. Changes for the 1996 budget process were noted, such as a 10 year replacement plan for capital needs and movement towards performance based pay for employees. Mr. Keister also noted he has requested departments to do a revenue analysis as well as a fund balance analysis. Much discussion ensued regarding the timeline for the budget process, prioritization of County services and the future of the budget process. Mr. Lancaster discussed the re-examination of the cost allocations with the Finance Department, in an effort to evaluate how much it costs to administrate federally funded programs.

3. Property Tax Estimate for 1996: Mr. Keister submitted an interim certification of valuation from the Assessor's office, information estimating property taxes for 1996 with various revenue limits and examples of residential and commercial property taxes. Mr. Keister reported that the Assessor's office will re-certify the tax roll to the Commissioners in December and briefly reviewed the certification of valuation. Commissioner Duvall suggested the examples provided by Mr. Keister may be used on the property tax statement insert. The Commissioners complimented Mr. Keister on his work.

The meeting adjourned at 2:35 p.m.








MEETING WITH ROBERT EVANS AND CITIZEN'S

GROUP TO DISCUSS DELIVERY OF HUMAN SERVICES

(#352)

The Board of County Commissioners reconvened at 2:45 p.m. with Robert Evans. Chair Disney presided; Commissioners Clarke and Duvall were present. Also present were: Frank Lancaster, County Manager; Joni Friedman, Employment and Training Services Director; Paul Cooper, Community Corrections Director; Keith Olson, Mental Health Executive Director; Adrienne LeBailley, Health Department Director; Neil Gluckman, Assistant County Manager; Averil Strand, Community Health Director; and Ginny Reilly, Human Development Executive Director. Recording Clerk, A. Jensen.

Mr. Evans began the meeting with introductions of attendees and what they will be speaking about. Mr. Evans distributed a synopsis complied by the private citizen's group giving their perspective regarding health and human services in Larimer County. The private citizen's group consists of Sharon Johnson, Gary Carnes, Robert Evans and Ann Azari. These attendees stated they are here as private citizens. Each participant spoke extensively about health and human services issues. Ms. Plock, with the Poudre Valley Hospital District also spoke of her involvement with these issues. Mr. Evans was complimentary of the operation of health and human services in a world of diminishing resources, stating that it will not be enough to meet future needs. Mr. Evans gave examples of what can happen if there is a clear and powerful vision to accomplish a goal; such as Communities in School. Ms. Azari stated there is a need to adjust how the community serves people, that it needs to be viewed from a community wide perspective. Ms. Azari also stated that the Commissioners need to provide strong leadership for the County health administrators to address future health and human services issues. It was noted by the private citizen's group that they are encouraged that the Commissioners will be hiring a manager to manage health and human services for the County.

The meeting was then opened up to comments and discussion. Commissioner Clarke commented on the outline provided by the attendees, noting he did not see anything he would take exception to. Chair Disney emphasized the lack of representation from the southern part of the County; as well as note his support in solving issues facing health and human services administrators. Commissioner Duvall stated that when it comes to family and kids, the Board is in concurrence. Much discussion followed regarding potential federal cuts, respond to future needs, existing successful programs and the need for continuous improvement in delivering health and human related services. Commissioner Clarke suggested that Mr. Lancaster work with County staff and put into a resolution form what the private citizen's group has indicated would be helpful in achieving efficient delivery of services.

The meeting adjourned at 4:05 p.m.


WEDNESDAY, AUGUST 30, 1995

ADMINISTRATIVE MATTERS

(#353)

The Board of County Commissioners met at 9:30 a.m. in regular session with Neil Gluckman, Assistant County Manager. Chair Disney presided; Commissioners Clarke and Duvall were present. Also present were: Pam Duncan, Construction Engineer; Ralph Jacobs, Director Human Resources; John Barnett, Director of Planning; Maggie Carter, Facilitator, and Kathy Hartman and Pete Salg, Members of the PLUS Planning Team; Joan Duchene, Commissioner's Office Supervisor; Donna Hart, Assistant to the County Manager. Recording Clerk, S. Graves.

1. OPEN SESSION FOR PUBLIC COMMENT: Tom Bender reported to the Board that he contacted Piedmont Farms about hiring students and local people for farm labor to help alleviate the problem of affordable housing units needed in Larimer County; he was told by Piedmont that they do hire local people, as long as they are legal, and they have tried to hire students but they only last one day as the work is too hot and too hard for them. Consequently, Bender stated he doesn't think his suggestion will work, but he added that there needs to be some way the county can be more flexible in regulations when it comes to providing temporary housing for migrant workers. With regard to the planning committee for the 35-acre focus group, Mr. Bender stated he was satisfied with the list of members selected, but he doesn't see any difference in the two members that were taken off and the two that were selected (with regard to their views concerning anti-property rights versus property-rights). Mr. Bender submitted a memo drafted by Farm Bureau on the 35-acre issue, and they concur with what came out of the Land Use Symposium, except that they recommend that the county should be involved in an administrative site plan review in which the Planning Department works with the landowner or developer.

Jo Anne Drahota elaborated further on the complaints she described in detail in the letter she previously sent to the Board concerning the re-construction project on County Road 38E and and emergency repairs being done on CR 23. Her basic concern is for the health and safety of the residents living in the area and she requested better communication from the Public Works Department about when either the north or south ends will be closed. Ms. Drahota also requested that locked gates be installed at the north and south ends with the residents being provided with keys; Ms. Duncan responded that they have locked the gate three times, but each time the locks have disappeared. Chair Disney stated that the Board will discuss her requests with the Director of Public Works to see what can be done to try and have better communication and coordination with the two projects.

2. ENVIRONMENTAL ADVISORY BOARD STEWARDSHIP AWARD: On August 16, 1995 the Board presented Stewardship Award Plaques to two individuals who collaborated on a significant project which is transforming the WREN gravel pit on the edge of the Environmental Learning Center into a living wetlands and re-creating historic conditions along the Poudre River. The Environmental Advisory Board recommended that four awards be given, and today Mike Sheahan was present to receive his Stewardship Award Plaque from the Board.

3. PLUS PLANNING TEAM RECOMMENDATIONS: Ms. Carter, Ms. Hartman, and Mr. Salg recommended that the Board approve the thirty (30) names listed for the September PLUS Symposium and requested an extension of the deadline to receive applications for the October PLUS Symposium. The PLUS Planning Team Members stated that the applications were reviewed for diversity, age, gender, income, location of residence, etc. and the list of persons recommended represent a good balance. Much discussion followed regarding how to interest key people in the various communities to apply for the October Symposium; Mr. Salg noted that four days is a big commitment of time for people to make. The Board agreed they will try and recruit key people to apply for the October Symposium and they extended the deadline to receive applications until September 18, 1995; they also recommended that the County's FAX number be included on the application and that a copy of the application be printed in the newspapers and distributed in the communities. Ms. Carter stated that she is going to conduct some interviews prior to the September Symposium and she asked the Board to each give her three names from the list for her to interview. Ms. Carter expressed her appreciation to the members of the PLUS Planning Team for continuing their involvement with the group.

M O T I O N

Commissioner Clarke moved that the Board approve the recommendations of the PLUS Planning Team for the PLUS Symposium to be held in September, 1995, and extend the deadline for accepting applications for the October PLUS Symposium until September 18, 1995, as requested by the PLUS Planning Team

Motion carried 3 - 0.

4. REQUEST FOR CROSSING GUARDS AT TAVELLI: Ms. Hart reminded the Board that during last week's Administrative Matters, the Board was requested to support a crossing guard at Tavelli Elementary School during student arrival and dismissal times. At that time, Commissioner Duvall asked how many other schools there were in the County which might make the same request; therefore, action was delayed on this matter until that information was obtained. Today, Ms. Hart reported that there are eight elementary schools and two junior high schools in the county, with two of the elementary schools currently having crossing guards supported by the County. Discussion followed.

M O T I O N

Commissioner Duvall moved that the Board approve funding in the amount of $4001. to support a crossing guard at Tavelli Elementary School, as requested by the Principal of Tavelli School.

Motion carried 3 - 0.

5. REQUEST FOR WAIVER OF PERSONNEL POLICY FOR THE SHERIFF'S DEPARTMENT: The Board was requested to approve a request for the waiver of the Larimer County Personnel Policy for the Sheriff's Department for the Communities in Schools Project. Mr. Jacobs noted that the Sheriff's Department has someone currently employed and trained to move into this position without going through the normal process of hiring and recruitment; Mr. Jacobs recommended the Board approve this request.

M O T I O N

Commissioner Clarke moved that the Board approve the waiver of the Larimer County Personnel Hiring Policy for the Communities in Schools Project, as requested by the Sheriff's Department and recommended by Mr. Jacobs.

Motion carried 3 - 0.

6. FEDERAL CONCESSION POLICY RESPONSE: Mr. Gluckman reminded the Board that they met with Parks Director John MacFarlane on August 10, 1995 and reviewed the Federal Interim Concession Policy; Mr. MacFarlane has drafted a letter of response outlining the Board's comments and policy stance with respect to the Interim Policy and requested Board approval and the Chair's signature on the letter. It was noted that the letter has been reviewed by Assistant County Attorney Marla Hehn and the local Bureau of Reclamation officials. If approved, copies of the letter will be sent to entire Colorado Congressional Delegation.

M O T I O N

Commissioner Duvall moved that the Board authorize the Chair to sign the Federal Interim Concession Policy Letter to be sent to the Bureau of Reclamation with copies to be sent to the entire Colorado Congressional Delegation.

Motion carried 3 - 0.

7. REQUEST FOR AN APPOINTMENT TO THE ESTES VALLEY PUBLIC LIBRARY DISTRICT: Ms. Duchene noted that the Estes Park Board of Trustees has approved the appointment of Barbara Ludwig to the Estes Valley Public Library District to fill the unexpired term of Stephen Little who has resigned; the Board was requested to approve this appointment.

M O T I O N

Commissioner Clarke moved that the Board approve the appointment of Barbara Ludwig to the Estes Valley Public Library District, to complete the unexpired 4-year term of Stephen Little, term to expire December 31, 1995.

Motion carried 3 - 0.

8. EXECUTIVE SESSION - WORKERS COMPENSATION:

M O T I O N

Commissioner Clarke moved that the Board go into Executive Session at 10:30 a.m. with Human Resources Director Ralph Jacobs and Assistant Risk Manager Cheryl Anderson-Siler to discuss a Worker's Compensation Claim.

Motion carried 3 - 0.

The Board came out of Executive Session at 10:40 a.m.; no action taken.

9. WORKSESSION:

-- Strategic Plan: Mr. Gluckman stated that he would like to know what the Board's expectations are as he works on the External Strategic Plan; the Board decided they will discuss this during the next Policy Worksession.

-- Quality Network Meeting: Mr. Gluckman informed the Board that the County will be hosting the Quality Network Meeting on September 21, 1995 and he would like for a Commissioner to do the welcome. The Board is currently signed up to attend the September Symposium in Copper Mountain on that date; however, they recommended that three members of either the Planning Commission, Planning Staff, or PLUS Planning Team be asked to go to the Symposium. Commissioner Duvall agreed to do the welcome for the Quality Network Meeting.

-- Items for Next Weeks Standing Meetings: Mr. Gluckman reviewed the agenda items for next week's Public Works and Planning Standing Meetings and the Policy Worksession and asked the Board if they would like to include additional items; the Board offered suggestions and the agendas were revised accordingly. Mr. Gluckman suggested that possibly Maggie Carter would like to go through the Bleiker Training, as the Board and many department heads in the county have done; the Board concurred. There was also discussion of the possibility of bringing Mr. Bleiker to Larimer County for a coaching session; Mr. Gluckman will check into Mr. Bleiker's schedule to ascertain costs for both suggestions.

-- Invitations: Ms. Hart reviewed the pending invitations with the Board and they advised her which events they could attend.

10. COMMISSIONER REPORTS:

-- Chair Disney reported on the meeting he attended with the Loveland City Council last night and he noted that concerns were raised about the recycling center.

11. DOCUMENT REVIEW:

M O T I O N

Commissioner Clarke moved that the Board approve the Minutes for the week of August 21, 1995, as submitted and amended.

Motion carried 3 - 0.

M O T I O N

Commissioner Duvall moved that the Board approve the Schedule for the week of September 4, 1995, as submitted and amended.

Motion carried 3 - 0.

M O T I O N

Commissioner Clarke moved that the Board approve Petitions for Abatement for the following, as recommended by the County Assessor Steve Miller: Factual Data Corp.; Best Bank ATM; Great Harvest Bread Co.; First Mortgage; Mtnwest Consulting Service; F Stop Camera and Darkroom; Martin; Gould; Tunnicliff; and Knappe.

Motion carried 3 - 0.

Commissioner Clarke moved that the Board approve the following documents as listed on the Consent Agenda on Document Review for August 30, 1995:

MISCELLANEOUS DOCUMENTS: Taft Canyon Amended Plat; Michener Mountain Land Minor Land Development Plat; and Robbs Minor Residential Development Plat. LIQUOR LICENSES: Licenses were issued to: Sparks General Store - 3.2% - Fort Collins, CO., and a 3.2% SPECIAL EVENTS PERMIT for the Greater Ram Club Spirit Committee at Hughes Stadium Parking Lot at Colorado State University, Fort Collins, CO. for September 2, September 30, October 21, November 4 and November 11, 1995. County Approval was granted to La Chaumiere, Inc. - 6% - Lyons, CO.

A95-99 AGREEMENT BETWEEN BERNARD E. AND LINDA ROLIN

AND THE BOARD OF COUNTY COMMISSIONERS CONCERNING

DRAINAGE IMPROVEMENTS ON COUNTY ROAD 30

A95-100 AGREEMENT BETWEEN THE BOARD OF COUNTY

COMMISSIONERS AND VELDA MOREHOUSE CONCERNING

ROAD IMPROVEMENTS ON COUNTY ROAD 21

(Project #8005 - Overland Trail/Vine)

A95-101 COOPERATIVE AGREEMENT BETWEEN THE BOARD OF

COUNTY COMMISSIONERS AND THE U. S. BUREAU OF

RECLAMATION AND NORTH CARTER LAKE WATER DISTRICT

FOR PROVIDING POTABLE WATER (North Pines Campground

at Carter Lake and to Flatiron Reservoir)

C95-46 CONTRACT BETWEEN THE BOARD OF COUNTY

COMMISSIONERS AND THE STATE OF COLORADO,

DEPARTMENT OF PUBLIC HEALTH & ENVIRONMENT

(Provision of Reimbursement regarding Site Address -

Sixth Street and Grant Avenue, Wellington, CO.)

R95-125d RESOLUTION SETTING PUBLIC HEARING ON PROPOSED

ASSESSMENT ROLL FOR THE COUNTY'S LOCAL

IMPROVEMENT DISTRICT NO. 1994-1 (COLONY RIDGE

SUBDIVISION) AND PROVIDING FOR THE MAILING AND

PUBLICATION OF NOTICE)

Motion carried 3 - 0.

12. LEGAL MATTERS:

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

-- Request for Approval of a Contract: Ms. Haag requested Board approval of a Contract for the sale of Lot 52, Glacier View Meadows Twelfth Filing, P.U.D.

M O T I O N

Commissioner Duvall moved that the Board approve the Contract for the sale of Lot 52, Glacier View Meadows Twelfth Filing, P.U.D., and authorize the Chair to sign same.

Motion carried 3 - 0.

C95-47 CONTRACT FOR SALE OF LOT 52, GLACIER VIEW MEADOWS

TWELFTH FILING P.U.D. BETWEEN THE BOARD OF COUNTY

COMMISSIONERS AND TIMOTHY R. MAXWELL AND DEBRAH

R. MCENDAFFER

M O T I O N

Commissioner Clarke moved that the Board go into Executive Session at 11:30 a.m. to discuss legal matters.

Motion carried 3 - 0.

The Executive Session ended at 12:30 p.m.; no action taken.

LIQUOR LICENSE HEARING FOR END OF THE TRAIL SALOON

(#355 & #356)

The Board of County Commissioners reconvened at 3:00 p.m. for a hearing concerning the renewal of a liquor license for the End of the Trail Saloon. Chair Disney presided; Commissioners Clarke and Duvall were present. Also present were: County Attorney George Hass and County Manager Frank Lancaster. Recording Clerk, S. Graves.

As a Court Reporter was present for today's hearing, the following is a summary of today's proceedings; if desired, a full transcript of today's hearing may be obtained by contacting the Court Reporter.

Mr. Hass opened today's hearing by stating that the hearing was called for by the Larimer County Board of Commissioners on the application of renewal of a Tavern Liquor License for the End of the Trail Saloon, Inc. at 1720 Glade Road in Loveland, Colorado. Mr. Hass stated that notice of this hearing was published in the Loveland Reporter Herald on August 12 and August 19, 1995 and signage was posted for ten days at the establishment. Mr. Hass noted that the Board requested this hearing based upon complaints received from residents living in the area, upon knowledge of prior violations and prior suspension of this license, and also by being notified by the Colorado State Patrol and the Larimer County Sheriff of other problems with the license and operation since the last suspension. Mr. Hass stated that a Notice of Public Hearing was served upon the applicant on August 18, 1995, which specified several matters as to the issues that will be considered; he noted that the order of presentation this afternoon will be: 1) The objectors to the renewal will present their evidence as to why the license should not be renewed under the Statutes; 2) The license holder will have the opportunity to rebutt any evidence given and make a presentation why the license holder thinks the license should be renewed; 3) The objectors will an opportunity for rebuttal. At this time, Rusty Nichols, attorney representing Ms. Moynier, suggested that if there is going to be a full presentation of evidence and ability to question the witnesses by all three attorneys present, which will take at least six hours, maybe the hearing should be rescheduled for a full day. Attorney Randy Williams stated that he is not present as an attorney, but as a private citizen.

Greg White, attorney representing the objectors to the renewal of the license submitted the original Notice of Public Hearing and Affidavit of Service to the Board. Mr. White called Lt. David Cox from the Larimer County Sheriff's Department to testify. Lt. Cox was sworn in and questioned and described the process he followed for investigating the incident reports involving the End of the Trail Saloon from March 28, 1994 until the present; he submitted a computer print out of the reports to the Board and described each of the over 20 incidents, noting that some of the reports were unfounded. After the reports were described in detail, Mr. White asked Lt. Cox if this number of incident reports was a normal amount for an establishment; Lt. Cox responded this is an abnormally high number of reports. Lt. Cox was cross-examined by Mr. Nichols.

Randy Rahne, Colorado State Patrol Trooper, was sworn in and questioned; he described the incident report he made on the End of the Trail Saloon on May 21, 1995. Mr. White questioned Officer Rahne about the report, Mr. Nichols cross-examined him, and questions from the Board followed. Dave Sauter, Supervisor Investigator for the Colorado State Liquor Enforcement Division, was sworn in and questioned. Mr. White asked him about his familiarity with the State of Colorado Department of Revenue Liquor and Beer Code Regulations and State Statutes and if the incidents described regarding the conduct of the establishment and control of the premises are a violation of the regulations; he responded affirmatively. Mr. Nichols cross-examined Investigator Sauter; he noted that the two citations against the State Statutes were for 1) Serving a visibly intoxicated person an alcoholic beverage, and 2) Having no person in control of the licensed premise. Investigator Sauter noted that the State was going to hold a "show-cause" hearing for complaints received against the End of the Trail Saloon, but decided to delay their hearing when he learned of this hearing.

Randy Williams, adjacent property owner to the Saloon, noted he has lived at 2208 Glade Road for 8 years; he stated that in the past two years there has been an increase in traffic along Glade Road, an increase in noise level, and he noted that area residents Cindy Bauer, Gilbert Martinez, Patty McGilbray, and Paul Mahalley also wished to speak in opposition to the renewal of this license but had to leave because of the length of the hearing. Mr. Williams presented two pages of signatures to the Board of area residents in opposition to renewal of this license; he noted he walked through the neighborhood and obtained the signatures. Mr. Williams stated this is not a good location for a saloon and it is not operated properly. After cross-examination by Mr. Nichols, Mr. Williams did say that noise from the Saloon has diminished in the past year.

Because of the lateness of the hour, discussion ensued whether to continue this hearing tonight or continue to another day. As two persons indicated they could not attend at a later time, the Board decided to take a 5-minute recess to determine a convenient time to reschedule continuanace of this hearing and then will hear from the two persons who wish to speak today.

After the recess, Mr. Hass stated that this hearing will be continued until September 6, 1995 at 1:30 p.m. and there will no further notices served or posted regarding the time of that hearing.

Anna Brewer Lloyd addressed the Board and requested clarification regarding the ownership of the land on which the Saloon is located; Mr. Nichols provided the ownership information for Ms. Lloyd. Jack Brain, 6112 Buckhorn, addressed the Board in support of the renewal of the license for the End of the Trail Saloon; he stated that the increase in traffic has been caused because this is a growth area and he noted that noise has never been a problem at his place of residence. Mr. Brain noted that there is excessive speed on this road, but it is not alcohol related; and he also stated he has seen the End of the Trail bartender refuse service to intoxicated persons and has witnessed them providing rides home for intoxicated persons.

At 5:45 p.m., Mr. Hass closed the hearing for today to be continued at 1:30 p.m. on September 6, 1995.



______________________________________

JIM DISNEY, CHAIR

BOARD OF COUNTY COMMISSIONERS

( S E A L )

ATTEST:

_________________________________

Sherry E. Graves, Deputy County Clerk


__________________________________

Aimee Jensen, Deputy County Clerk

August 30, 1995

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