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PROCEEDINGS OF THE BOARD OF COUNTY COMMISSIONERS

MONDAY, AUGUST 26, 1996

LAND-USE PLANNING MEETING

(No Tape)

The Board of County Commissioners reconvened at 3:00 p.m. in regular session with Larry Timm, Director of Planning. Chair Clarke presided; Commissioners Disney and Duvall were present. Also present were: Al Kadera, Subdivision Administrator; Richael Michels, Planner I; Lonnie Sheldon, Civil Engineer I; and County Attorney George Hass. Recording Clerk, A. Jensen.

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

1. CANAL DRIVE WAREHOUSE CONDOMINIUMS (#96-OS0882):

16-07-68; 3665 CANAL DRIVE; .4 ACRES; COMMERCIAL ZONING

This is a request to create five commercial condominium units in an existing commercial building and to approve the condominium map so the Chair of the Board may sign the final map prior to recording. Staff findings include: 1) An existing commercial building may be condominiumized by filing a condominium declaration and map. 2) The County Health and Engineering Departments reviewed the proposed condominium and stated no objections. 3) Utilities, fire protection, parking, landscaping and drainage were all reviewed when the building permit was issued for this building earlier this year. The staff recommendation is for approval of the Canal Drive Warehouse Condos.

2. CEDAR PARK 2ND FILING, LOTS 3, 6, & 10, AMENDED PLAT

(#96-SA0919): 35-06-71, CEDAR PARK, WEST OF DRAKE;

14.45 ACRES; E-ESTATE ZONING

This is a request is to combine three existing lots resulting in one building site. Staff Findings are: 1) Cedar Park Second Filing was approved in 1969; 2) This request is to combine three existing lots and a small adjacent parcel into a single building site; 3) The County Health and Engineering Departments and all utilities serving this area reviewed the proposed amended plat and stated no objections; 4) Poudre Valley REA requests that the 45-foot access easement along the west line of this site also be identified as a utility easement. The staff recommendation is for approval of the Amended plat of Lots 3, 6 and 10, Cedar Park Second Filing and an adjacent metes and bounds parcel, with the condition that the access easement along the west line of this site also be identified as a utility easement.

3. DELLWOOD HEIGHTS UTILITY EASEMENT VACATION

(#96-SA0921): 36-08-69, WEST OF GREGORY ROAD, NORTH

OF COUNTRY CLUB ROAD; R-RESIDENTIAL ZONING

This is a request to vacate a part of a utility easement along a side lot line. Staff findings are: 1) Dellwood Heights was approved in 1977; 2) A 20-foot utility easement was platted along the common lot line between Lots 10 and 11, Block 5; 3) The County Health and Engineering Departments and all utilities serving this area reviewed the proposed vacation and stated no objections; 4) Public Service Company requests that the west ten feet and the east six feet of the easement remain in place to accommodate gas and electric service to these lots.

The staff recommendation is for approval of the vacation of the 20-foot utility easement between Lots 10 and 11, Block 5, Dellwood Heights with the following conditions: 1) The west ten feet and the east six feet of the easement shall remain in place; 2) The applicants shall provide a written description of that portion of the easement begin vacated. The description shall be prepared by a licensed surveyor.

4. FLOYD HICKS SUBDIVISION PRELIMINARY PLAT TIME

EXTENSION (#94-SU0534): 02-04-69, SOUTHWEST OF THE

INTERSECTION OF US HIGHWAY 287 AND COLORADO

HIGHWAY 60 ON THE NORTHEAST SIDE OF PAGE PLACE;

2.23 ACRES; R1-RESIDENTIAL ZONING

This is a request to extend the preliminary plat approval for one year. Staff Findings are: 1) The preliminary plat for the Replat of Lots 5 and 12, Floyd Hicks Subdivision was conditionally approved on June 5, 1995. Preliminary plats have a one year time limit; 2) Nothing has changed in this area since the preliminary plat was approved. The preliminary plat complies with all regulations and guidelines in effect for this part of the County; 3) The County Health and Engineering Departments reviewed the proposed time extension and stated no objections. The staff recommendation is for approval of the time extension for the preliminary plat for the Replat of Lots 5 and 12, Floyd Hicks Subdivision to August 19, 1997. All conditions of the preliminary plat approval shall apply to the time extension.

5. GLACIER VIEW MEADOWS 8TH FILING, LOTS 43 & 44

AMENDED PLAT (#96-SA0923): 15-09-72, GLACIER VIEW MEADOWS,

WEST OF LIVERMORE; 5.32 ACRES; O-OPEN ZONING

This is a request to combine two existing lots and vacate a utility easement along the intervening lot line. Staff findings are: 1) Glacier View Meadows Eighth Filing was approved in 1978; 2) The owner of Lots 43 and 44 wishes to combine the lots into a single building site and vacate the utility easement along the common lot line; 3) The County Health and Engineering Departments and all utilities serving this area reviewed the proposed amended plat and easement vacation and stated no objections. The staff recommendation is for approval of the Amended Plat of Lots 43 and 44, Glacier View Meadows Eighth Filing and approval of the vacation of the utility easement along the common lot line.

6. MUMMY VIEW COURT STREET NAME CHANGE (#96-OS0922):

36-09-72, GLACIER VIEW MEADOWS WEST OF LIVERMORE

This is a request to rename a street to correct an error made when the original plat was recorded. Staff findings include: 1) Glacier View Meadows 12th Filing was approved in 1980; 2) Mt. Margaret Court shown on the final plat in the vicinity of Lots 37, 38 and 39 should have been identified as Mummy View Court; 3) The Post Office and the emergency response agencies have reviewed the proposed road name and stated no objections. The staff recommendation is for approval of the street name change from Mt. Margaret Court to Mummy View Court in Glacier View Meadows 12th Filing.

7. FREEL MINOR RESIDENTIAL DEVELOPMENT (#96-EX0851):

SE 35-05-69, ON THE NORTH SIDE OF COUNTY ROAD 14, ½ MILE

WEST OF US HIGHWAY 287 IN THE CAMPION AREA; 11.2 ACRES;

FA, FARMING ZONING

This is a request to divide an 11.2 acre parcel with an existing dwelling into 2 parcels, creating a new, one acre parcel for a single family residence. Staff findings include: 1) This proposed Minor Residential Development is compatible with the surrounding land uses, the Zoning Resolution, the Subdivision Resolution, and the Comprehensive Plan; 2) The Larimer County Health and Engineering Departments as well as other reviewing agencies have reviewed this proposal and have stated no objections to it; 3) The Cities of Loveland and Berthoud have commented favorably on the proposal; 4) The approval of this exemption, with certain conditions, should not adversely affect the health, safety, or welfare of existing residents.

The staff recommendation is for approval of the proposed Freel MRD, with the following conditions: 1) All required sewer, water, and street improvement plans shall be approved by the Larimer County Engineering Department prior to beginning residential construction with final construction of roads approved by Engineering and the installation of water and sewer improvements approved and accepted by the appropriate District; 2) A culvert sizing and installation plan shall be submitted to, and approved by, the Larimer County Engineering Department; 3) A Subdivision Improvements Agreement (SIA), between the Board of County Commissioners and the developer, guaranteeing the construction of required water, sewer, street sign, fire hydrant, and street improvements, shall be executed and signed; 4) The applicant must work with the Consolidated Home Supply Ditch and Reservoir Company to reach an agreement regarding the use of the ditch at the rear of the property; 5) A road maintenance agreement shall be recorded with the final plat; 6) A half right-of-way of 35 feet, measured from the centerline of County Road 14, shall be dedicated to the public on the final plat; 7) The following notes must be placed on the final plat: a) The access point to this property is only 16' wide and may cause some conflict if two way traffic is encountered at the access point; b) Mosquitoes may be a nuisance on this property due to the proximity of a lake. Larimer County is not responsible for mosquito abatement and any land owner initiated abatement activities must meet all Federal, State and Local rules and regulations; c) Prairie dog colonies exist in the vicinity of this property and may migrate to this property. Prairie dogs have been known to carry plague. Larimer County does not perform prairie dog control; d) There are existing agricultural activities in this area that may produce dust, odors and noise. Larimer County will not take any action to stop or hinder legal agricultural uses of nearby properties; e) There is the potential for wildlife interaction or property damage in this area. Property owners should take appropriate measures to protect property. The State Division of Wildlife is not responsible for damage or control of wildlife; f) Residential Fire Sprinkler systems are required in all new residential construction unless evidence that a fire hydrant has been installed and a letter of acceptance by the water district is submitted with the building permit application; g) The results of a radon test must be submitted to the Planning Department prior to the issuance of a Certificate of Occupancy; h) Engineered footings and foundations are required for new residential construction; i) Uses on this property are limited to single-family residential; j) All utilities must be installed underground; k) Loveland Urban Growth Area Park fee will be collected at the time of residential building permit for Lot 2; l) School Fees for the Thompson R-2J School District in the amount of $331 will be collected at the time of residential building permit for Lot 2; m) Loveland Urban Growth Area street waiver fees of $1,999 will be collected at the time of residential building permit for Lot 2.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners adopt the staff findings and staff recommendation and approve the Canal Drive Warehouse Condominiums (#96-SU0920); Cedar Park 2nd Filing, Lots 3, 6 & 10, Amended Plat (#96-SA0921); Dellwood Heights Utility Easement Vacation (#96-SA0921); Floyd Hicks Subdivision Preliminary Plat Time Extension (#94-SU0534); Glacier View Meadows 8th Filing Lots 43 & 44 Amended Plat (#96-SA0923); Mummy View Court Street Name Change (#96-OS0922); and the Freel Minor Residential Development (#96-EX0851); each, with the conditions as outlined.

Motion carried 3 - 0.

The meeting adjourned at 3:05 p.m.

WEDNESDAY, AUGUST 28, 1996

ADMINISTRATIVE MATTERS

(No Tapes - Equipment Failure)

The Board of County Commissioners met at 9:00 a.m. in regular session with Neil Gluckman, Assistant County Manager. Chair Clarke presided; Commissioners Disney and Duvall were present. Also present were: Bill Heiden, Road and Bridge Director; Doug Keasling, Social Services Director; Jeannine Haag, Assistant County Attorney; Kathy Snell, Health and Human Services Director; Donna Sena, Social Services Personnel Department; Dr. Keith Olson, Mental Health Director; Glen Rathgeber, Social Services Manager; John MacFarlane, Parks Director; K-Lynn Cameron, Open Lands Manager; Lew Wymisner, Enterprise Zone Administrator; Sheriff Richard Shockley; Barbara Case-King, Sheriff's Department Legal Advisor; Ralph Jacobs, Human Resources Director; and Bob Keister, Budget Manager. Recording Clerk, S. Graves.

1. OPEN SESSION FOR PUBLIC COMMENT: The following persons addressed the Board today during the open session for public comment: Stan Gehring, Staci Shaffer, Al Baccili, Bob Tueting, Brigette Schmidt, and Kathleen Kilkelly. Mr. Gehring read aloud his letter of April 15, 1996 sent to Chair Clarke concerning the dangerous/life threatening road conditions on CR 59; Chair Clarke responded to Mr. Gehring's concerns and explained why the road cannot be fixed until next year. Commissioner Duvall stated that Chair Clarke doesn't speak for her and she thinks dangerous/life-threatening situations should be responded to immediately and fixed. Mr. Gehring explained how this one spot in the road is a trap and would be simple to fix - even putting up a snow fence would help. Chair Clarke asked Mr. Heiden if a snow fence is a option; Mr. Heiden responded in the affirmative, but said they will need to get an easement from the adjacent landowner and he will proceed with getting that accomplished as soon as possible.

Staci Shaffer, a deputy at the Detention Center and spokesman for the other deputies, wanted the Board to know that their positions at the Detention Center are not high profile and in the public eye, but they also are very interested in the decision the Board will make regarding increasing employee salaries in the Sheriff's Department. Chair Clarke informed Ms. Shaffer that the Board is working very hard on the salary situation and assured her it is a big concern to the Board.

Mr. Baccili voiced his opposition to the Safety and Facilities Expansion (S.A.F.E.) Project and stated that he also doesn't like the name because it is a new tax and that fact should be stated in the name so everyone will know it is for an increase in taxes. Mr. Baccili suggested the Board consider the alternative of buying the old Fort Collins High School for $5 million and spending $3 million in renovation. Mr. Baccili stated that he doesn't like taxes and last year his real estate taxes were increased by 22% and now the School District wants a 5.4% increase; however, he noted that he does support an increase in salaries for the employees in the Sheriff's Department.

Mr. Tueting reminded the Board of the time when Massachusetts was labeled "Taxachusettes" and he stated that if Larimer County keeps increasing taxes, we will have the distinction of being called "Taxacollins"; he stated that there must be a stop to this taxing. Commissioner Disney advised Mr. Tueting that the problems the county is experiencing have arisen because of all the newcomers who have moved to the county haven't paid their way.

Ms. Schmidt from the Northeast Neighborhood Coalition thanked Chair Clarke and Commissioner Duvall for attending and participating in the meeting recently held at Tavelli School to listen to and recognize the concerns of the citizens regarding the pending development adjacent to their neighborhood. Ms. Schmidt noted that they have worked very hard on a compromise and have come to an agreement with the developer; they are currently engaged in negotiations with the City of Fort Collins attempting to have them view this matter as a site specific issue. Ms. Schmidt stated that today they are asking the Board to support them in their request to the City for a density variance to have the development be more compatible with existing development. Ms. Kilkelly stated that this is an opportunity to actually promote a process that has occurred that is very important and compatible with the PLUS objectives; she noted that what they have come up with is the same as what the 35-Acre Task Force is recommending and she noted they are not asking for a major precedent setting policy. CONSENSUS OF THE BOARD was to request Mr. Gluckman to write a letter to the City of Fort Collins commending the process that the Northeast Neighborhood Coalition has gone through and supporting their density variance request.

2. EXECUTIVE SESSION - PERSONNEL MATTER:

M O T I O N

Commissioner Disney moved that the Board of County Commissioners go into Executive Session at 9:45 a.m. with Doug Keasling and Staff to discuss a personnel matter.

Motion carried 3 - 0.

The Board came out of Executive Session at 9:50 a.m. and took the following action:

M O T I O N

Commissioner Disney moved that the Board of County Commissioners accept the resignation of Patricia Mahlan-Heinert, as per agreement.

Motion carried 3 - 0.

3. IMPLEMENTATION TEAM FOR RESTRUCTURING: Mr. Keasling presented the recommendations of the Larimer County Health and Human Service Planning Committee for the composition of membership for the Implementation Team; he noted that the Implementation Team will be responsible to the Larimer County Board of Commissioners through Kathy Snell. As liaison to this Committee, John Clarke offered his services to the Implementation Team and requested that they just let him know what he can do to help them. Ms. Snell stated that she thinks the Implementation Team will need a Facilitator and hopefully someone will volunteer for this position that is not a part of this group.

M O T I O N

Commissioner Duvall moved that the Board of County Commissioners approve the recommendations of the Larimer County Health and Human Service Planning Committee for membership to the Implementation Team.

Motion carried 3 - 0.

4. REQUEST FOR FUNDS FOR BURIAL PLOTS: Mr. Keasling noted that under State Statutes, the County is responsible for the burial of indigent persons. Mr. Rathgeber noted that in 1987, 60 burial plots were purchased and they are about out of spaces; he stated that the State will pay on a 80/20 basis for the burial of indigents that are their clients. They did an RFP for 60 more spaces and the lowest bid received was $16,740. Questions from the Board and discussion followed; Commissioner Disney asked about cremation. Mr. Rathgeber stated that they have done some cremations, but there are restrictions. The Board suggested that they develop some criteria for cremation, as it would be a cheaper form of burial.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the expenditure of $16,740 to buy 60 burial plots from Roselawn Cemetery; funds to be derived from the Social Services Carryover Fund.

Motion carried 3 - 0.

5. MENTAL HEALTH FEE SCHEDULE: Dr. Olson requested Board approval of the Larimer County Mental Health Center Resident's Discount Fee Schedule, as submitted last week. As suggested by the Board at that time, Dr. Olson presented the Fee Schedule to the Mental Health Advisory Board and requested their input; he noted that they were not completely satisfied with the cost of services beyond a certain level; however, they realized they don't have much choice in the matter because of Medicaid rates and State guidelines. Dr. Olson noted that there is a slight increase this year over last year; the major change is that the basic fee will raise from $2 to $4 per hour. Dr. Olson stated that the capitated centers are not bound by the Medicaid Rule. Discussion followed.

M O T I O N

Commissioner Duvall moved that the Board of County Commissioners approve the Larimer County Mental Health Center Resident's Discount Fee Schedule as requested, effective July 1, 1996 through June 30, 1996.

Motion carried 3 - 0.

6. ADOPTION OF OPEN LANDS CRITERIA AND RATING SYSTEM: Ms. Cameron submitted the Final Draft of the Evaluation Process for Acquisition of Open Space for the Larimer County Parks Department Open Lands Program and requested Board approval. Ms. Cameron reminded the Board that they reviewed the draft process on August 13, 1996 and their comments, as well as the comments received from the Open Lands Advisory Board, were incorporated into this final draft, which was adopted by the Advisory Board on August 22, 1996. Ms. Cameron reviewed the revisions that were made and the process they went through making the changes; discussion followed and additional changes were suggested by the Board.

M O T I O N

Commissioner Duvall moved that the Board of County Commissioners approve the Final Draft of the Evaluation Process, Criteria, and Scoring Process for the Acquisition of Open Space for the Larimer County Parks Department Open Lands Program, as further revised and amended by the Board this morning.

Motion carried 3 - 0.

7. PARK SHOP OFFICE: Mr. MacFarlane stated that the Park Shop Office needs to be expanded and remodeled; he noted that for the past two months they have been working with the Bureau of Reclamation on a funding agreement and they are willing to allow a 25-year license with the County, whether the County develops the facilities separately or cooperatively with them. Mr. MacFarlane further noted that if another agency should assume future recreational management of the Larimer County reservoirs, the license would allow the County to be reimbursed for its share of the book value for facilities constructed on Reclamation lands; this provision would help secure the County investment. Mr. MacFarlane requested direction and approval from the Board to proceed with the expansion and remodeling and to enter into an agreement with the Bureau; CONSENSUS OF THE BOARD was to approve the request.

8. REDESIGNATION OF ENTERPRISE ZONES: Mr. Wymisner submitted and reviewed the Larimer County Enterprise Zone Plan and requested Board approval of a resolution for Enterprise Zone Re-Designation; he noted that the Plan is consistent with the Larimer County Economic Development policy and the One-Stop Shops endorsed by Governor Romer. Commissioner Duvall expressed her support and pointed out that most of the money received in the past through the Enterprise Zone designation has gone to support small businesses.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners adopt the Resolution for Enterprise Zone Re-Designation and authorize the Chair to sign same.

Motion carried 3 - 0.

R96-128g RESOLUTION FOR ENTERPRISE ZONE RE-DESIGNATION

9. SHERIFF'S DEPARTMENT SALARIES: Much discussion ensued again regarding salaries for the employees in the Sheriff's Department. Mr. Jacobs stated that since a bonus amount was not specified, they chose $500 as a random amount and with 152 bonuses to be paid, the total bonus expenditure would be $96,000; the suggestion was made that a provision to the bonus might state that the bonus will be paid to those that are currently on board and still on board by December 31, 1996. Mr. Keister submitted a budget breakdown sheet with an estimate that the Sheriff's Department will need a supplemental budget adjustment of $388,694; however, he noted that all the departments will have submitted their budgets for 1997 to him by September 1, 1996 and then he will know exactly the amount of carryover from 1996 and the budget requests for 1997. Mr. Keister stated that he has talked to some of the other departments to see if they are going to be turning back money and he has learned that some other departments are going to need supplements to get through the year; he noted that the Clerk and Recorder will have additional revenue, but it will be designated for election equipment. It was noted that the monies for the bonus or increase in salaries will be derived from the General Fund. Commissioner Duvall asked if the State is adequately paying for their inmates; Sheriff Shockley responded that they lose $22 per day per inmate as it cost $65 per day to keep an inmate and the State pays only $43. Sheriff Shockley stated he does not think the $500 bonus will have an impact on his employees or keep them from leaving the department; Mr. Jacobs concurred that as a rule, bonuses don't do much to improve morale. Ms. Case King stated that it should be called a compensation adjustment and not a bonus; the Board agreed. The Sheriff submitted a summary sheet entitled "Project additional costs of pay incentives for four months" showing that the cost for raising all salaries in the department up to the 50th percentile until the end of the year would amount to $383,247. Commissioner Duvall proposed waiting two more weeks before making a decision on raising the salaries in the Sheriff's Department until all department budget requests have been submitted to Mr. Keister; Commissioner Disney concurred. Chair Clarke stated he would like for all employees to be at the 50th percentile of the Longmont Survey; however, he would like to see the figures for the 35th or 40th percentile until the end of the year; Commissioner Duvall stated she wants to have the figures for the 25th percentile also. The Sheriff stated he will do a spread sheet showing the costs for the 25th, 30th, 35th, and 40th percentile. The Board assured the Sheriff that whatever level is chosen, no employee's salary will be lowered; if an employee is receiving salary above the chosen level, they will remain at that salary.

10. DOCUMENT REVIEW:

M O T I O N

Commissioner Duvall moved that the Board of County Commissioners approve the Minutes for the week of August 19, 1996, as submitted.

Motion carried 3 - 0.

M O T I O N

Commissioner Duvall moved that the Board of County Commissioners table approval of the Minutes for the week of August 12, 1996 until the County Attorney reviews the content of the motion for the White Buffalo Liquor License Hearing.

Motion carried 3 - 0.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the Schedule for the week of September 2, 1996, as submitted and amended.

Motion carried 3 - 0.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve Petitions for Abatement for the following, as recommended by the County Assessor: High Country Amusement Bingo Supplies; Security Alarm System; Dale and Barbara Engle; Eric J. and Mary F. Tacaronte, Joan Robert; and Warren Patrick and Eleanor Adele Moore.

Motion carried 3 - 0.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the following documents as listed on the Consent Agenda on Document Review for August 28, 1996:

MISCELLANEOUS DOCUMENTS: Cedar Park Second Filing Amended Plat, Lot 3, 6 and 10; and the July 1996 Warrant Register. LIQUOR LICENSES: County approval was granted for a Waive of Hearing for a REQUEST TO CHANGE, ALTER OR MODIFY PREMISES TO EXISTING HOTEL/RESTAURANT 6% LICENSE for the Dunraven Inn at 2470 Highway 66, Estes Park, CO. Licenses were issued to: Larry's Southwest Liquor - 6% - Loveland, CO.; Bohemian Cottage Restaurant - 6% - Loveland, CO.; and the White Buffalo - 6% WITH EXTENDED HOURS - Loveland, CO.

R96-129d RESOLUTION CALLING AN ELECTION FOR LARIMER COUNTY

CLUB ESTATES GENERAL IMPROVEMENT DISTRICT NO. 12

A96-120 DETOXIFICATION SERVICES AGREEMENT BETWEEN THE

BOARD OF COUNTY COMMISSIONERS AND THE ISLAND

GROVE REGIONAL TREATMENT CENTER, INC.

Motion carried 3 - 0.

11. LEGAL MATTERS:

M O T I O N

Commissioner Duvall moved that the Board of County Commissioners go into Executive Session to receive specific legal advice.

Motion carried 3 - 0.

The Executive Session ended at 12:20 p.m.; no action taken.

______________________________________

JOHN CLARKE, CHAIR

BOARD OF COUNTY COMMISSIONERS

( S E A L )

ATTEST:

___________________________________

Sherry E. Graves, Deputy County Clerk

___________________________________

Aimee Jensen, Deputy County Clerk

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