Loveland Bike Trail
 

PROCEEDINGS OF THE BOARD OF COUNTY COMMISSIONERS

MONDAY, DECEMBER 9, 1996

MEETING REGARDING OPEN LANDS PROJECTS

(#117)

The Board of County Commissioners met at 1:30 p.m. in regular session with K-Lynn Cameron, Open Lands Manager. Chair Clarke presided; Commissioner Disney and Commissioner Duvall were present. Also present was John MacFarlane, Director of the Parks Department. Recording Clerk, S. Graves.

Ms. Cameron reviewed the two projects recommended by the Open Lands Advisory Board; she described the Franz Farm project which comprises 160 acres and is adjacent to the Cathy Fromme Natural Area and east of the Larimer County Landfill. Ms. Cameron informed the Board that the negotiated price is $480,000, with financing to be structured over a 6-year period, with no interest; she noted that the partners in this project and the amounts they will contribute are: Larimer County Department of Natural Resources - $240,000; City of Fort Collins - $120,000; and Larimer County - $120,000. Ms. Cameron stated that the long-term management of this property will be by the City of Fort Collins. Discussion and questions from the Board followed; Ms. Cameron requested Board approval of the $120,000 from the Open Lands Program funds.

M O T I O N

Commissioner Duvall moved that the Board of Commissioners authorize the expenditure of $120,000 from the Open Lands Program funds for the purchase of the Franz Farm, as recommended by the Open Lands Advisory Board; these monies will be combined with $240,000 from the Larimer County Natural Resources Department, and $120,000 from the City of Fort Collins, as structured and outlined by staff, with the long-term management of the property to be by the City of Fort Collins.

Motion carried 3 - 0.

Commissioner Duvall thanked the staff and Open Lands Advisory Board for their hard work in bringing about this purchase through the Open Lands Program; Chair Clarke and Commissioner Disney also concurred with their appreciation.

Ms. Cameron provided a brief description of the second project, which is the Little Thompson River and Regional Park Preserve Planning Project; she noted that a grant has been submitted to GOCO for $35,000 and the request before the Board today is to approve $30,000, which will be contingent upon the GOCO grant being approved. Ms. Cameron identified the other partners involved in this project and briefly outlined the objective of this project.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the contribution of $30,000 from the Open Lands Program funds for the Little Thompson River and Regional Park Preserve Planning Project, contingent upon the $35,000 grant being received from GOCO.

Motion carried 3 - 0.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners go into Executive Session at 1:50 p.m. to discuss real estate negotiations.

Motion carried 3 - 0.

The Executive Session recessed at 2:35 p.m.; no action taken.

LAND-USE PLANNING MEETING

(#117 @ 1500 & #118)

The Board of County Commissioners reconvened at 3:00 p.m. in regular session with Larry Timm, Director of Planning. Chair Clarke presided; Commissioner Disney and Commissioner Duvall were present. Also present were: Al Kadera, Subdivision Administrator; Richael Michels, Planner II; John Pedas, Zoning Code Enforcement Officer; and Jeannine Haag, Assistant County Attorney. Recording Clerk, S. Graves.

Chair Clarke stated that a request has been received to table the Carriage Hills 4th Filing, Lots 17-18, Block 11, Amended Plat until January 13, 1997.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners table the Carriage Hills 4th Filing, Lots 17-18, Block 11, Amended Plat (#96-SA0979) until January 13, 1996, as requested.

Motion carried 3 - 0.

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

1. RIDING HILLS SUBDIVISION PLAT VACATION (#96-SA0976):

16-08-68 - EAST SIDE OF COUNTY ROAD 9, SOUTH OF COUNTY

ROAD 58; 5 ACRES; 11 LOTS; FA-FARMING ZONING

This is a request to vacate an 11 lot subdivision and combine the property with an adjacent parcel. Staff findings include: 1) Riding Hills Subdivision was approved in 1969; 2) The lots are non-conforming with respect to minimum lot size requirements and are too small to accommodate standard septic systems; 3) Developing the lots as platted will result in seven driveways onto County Road 9 within 1,000 feet; this would not be consistent with the Access Code; 4) Vacating the subdivision and adding the area to the adjacent parcel is a better use of the land and would benefit the neighborhood; 5) The County Health and Engineering Departments, and all utilities serving this area, reviewed the request to vacate Riding Hills Subdivision and stated no objections. The staff recommendation is for approval of the request to vacate Riding Hills Subdivision, with the condition that the vacated lots are added to the adjacent parcel.

2. AMENDED PLAT OF LOTS 9, 12 AND THE SOUTH HALF OF LOT 13

OF DIVISION 8 OF HIGH DRIVE HEIGHTS (#96-SA0978): 26-05-73 -

HIGH DRIVE HEIGHTS SUBDIVISION, SOUTHWEST OF

ESTES PARK; 2.16 ACRES; 2 LOTS; E-ESTATE ZONING

This is a request to add the southern half of Lot 13 to Lot 12 and to reconfigure the lot lines between Lots 9 and 12. Staff findings are: 1) The original plat of High Drive Heights was recorded in 1925; 2) This item was sent to the County Engineering and Health Departments for review; both agencies commented that they had no concerns related to this proposal; 3) Both lots are currently developed and have adequate access and sewage disposal facilities; no new lots or building sites are being created by this action; 4) This action will partially correct an illegal division of Lot 13 done in 1973. The staff recommendation is for approval of the Amended Plat of Lots 9, 12 and the south half of Lot 13 of Division 8 of High Drive Heights.

M O T I O N

Commissioner Duvall moved that the Board of County Commissioners adopt the staff findings and staff recommendations and approve the Riding Hills Subdivision Plat Vacation (#96-SA0976) and the High Drive Heights, Lots 9, 12 & 13, Amended Plat (#96-SA0978), as outlined.

Motion carried 3 - 0.

3. ANDREWS (CRYSTAL WEAVER) ZONING VIOLATION: NE 1/4

34-05-73 - 2083-2085-2091 EAGLE CLIFF ROAD

This alleged violation is for using a geodesic dome structure for a multiple family (tenant) dwelling which is totally inconsistent with the conditions of approval for a rezoning which limited the use of the dome as an "accessory building" and meeting room, in connection with a tourist accommodations (cabins) use. Mr. Pedas submitted several exhibits for the Board to review, including portions of the original resolutions listing the conditions involved with the rezoning; he also provided the background information regarding the alleged violation, and reviewed the major concerns and issues. Staff findings include: 1) "Conditional" rezoning of the property occurred in December 1989; 2) In April 1990, the conditions of the rezoning were amended to further refine the use of accessory buildings on the property; 3) The property is not being used in compliance with the condition of approval; 4) The property has been divided without County approval; 5) The use of the property, inconsistent with the conditional zoning approval, will affect property values in the neighborhood. The staff recommendation is to find that the violation exists, require compliance within 30 days, and authorize legal action if the compliance deadline is not met.

Andy Andrews, property owner, submitted Improvement Location Certificates and photos of the site to the Board and addressed the issue of the geodesic dome structure being used as a residence; he noted that at the time the zoning was changed, he was not the owner and he knew nothing of the stipulations and conditions. Mr. Andrews stated that previously they catered to family reunions in the summer, but to increase their income, they decided to go to nightly and monthly rentals; in his opinion, he did everything right as he notified the Assessor's and Treasurer's Office of the change in use. Mr. Andrews noted the shortage of affordable housing in the Estes Park area and he requested the Board not declare that this building be abandoned.

Jeannine Swatzki and Lynette Lott, both residents of Eagle Cliff Road, submitted copies of letters from other neighbors indicating their dissatisfaction with the dome house because of its appearance, problems with tenants, gun shooting, etc.; they asked that the Board require adherence to the original zoning and not allow Mr. Andrews to rent to irresponsible tenants and they would like to have the building abandoned because Mr. Andrews is not a responsible landlord. In response to these concerns, Mr. Andrews stated that the tenants which created all of these problems are gone and the present tenants are a family with three children and the area has been cleaned.

Discussion and questions from the Board followed; the Board concurred that it is obvious that a zoning violation does exist and they asked Mr. Pedas for options. Mr. Pedas noted that the Andrews have three options: 1) Petition the Board to revise condition #5 to read that the geodesic dome can be used as a single-family dwelling; 2) Subdivide the property so the geodesic dome is on its own parcel; or 3) Petition the Board of Adjustment requesting that the geodesic dome single-family dwelling is allowed on the same lot with the two duplexes. The Board stated that they recognize the critical need for affordable housing in the Estes Park area and they don't want to see this structure stand vacant, but they want it to be used responsibly; the Board expressed their concern regarding the re-occurring problem in which notification regarding changes in use made in the Assessor's Office records are not conveyed to the Planning Department.

M O T I O N

Commissioner Duvall moved that the Board of County Commissioners find, in the matter of the Andrews (Crystal Weaver) Violation, that the violation exists, require compliance within 30 days, and authorize legal action if the compliance deadline is not met and request that the Andrews clean up the area so it is compatible with the neighborhood so property values are not reduced.

Motion carried 3 - 0.

4. HEATON ZONING VIOLATION (#96-ZV0902): 17-04-69 - 3528 WEST

COUNTY ROAD 8, BERTHOUD

This alleged violation is for operating a business, Front Range Siding & Remodeling Company, in the FA-1 Farming Zoning District, which includes employees coming to the site, delivery of materials, and storage of materials. Mr. Pedas submitted aerial photos of the subject property, provided the background information regarding the alleged violation, and reviewed the major issues and concerns. Staff findings are: 1) The subject property is zoned FA-1 Farming; 2) The FA-1 Farming Zone does not permit commercial/industrial uses; 3) The use of the property for storage of construction equipment and materials, and employee and truck traffic, is incompatible with the residential (rural) character of the area; 4) Continued use of the property, inconsistent with the zoning regulations, may affect property values in the area; 5) The commercial use of the property results in extraneous traffic congestion in an otherwise residential neighborhood.. The staff recommendation is to find that a violation exists, require compliance within 30 days, and authorize legal action if the deadline is not met.

Douglas Heaton, property owner, submitted photos of the area showing other commercial uses in the area (landscaping, mechanic, etc.) and described the area; he noted he doesn't drive over 10 MPH down the road to his property and encourages everyone else to do the same in an effort to not raise dust. Mr. Heaton stated that the traffic problem isn't from his business, but from the family behind him who have teenagers with lots of friends; he noted he does not have direct employees coming to and from his place, as he uses independent sub-contractors, and he does not sell out of his garage. Mr. Heaton stated that all of his competitors run their business out of their homes; they are all small business owners. Ron Townend, adjacent property owner and the complainant, submitted a map and photos of the area; he noted that easements along his property provide the access to the subject property and there is an easement agreement stating that the access would go with the property as long as it was used for residential and agriculture purposes only. Mr. Townend stated that the Heatons cross his property every day many times, which creates increased traffic, dust, noise, a safety issue, and will affect property values in the future. Mr. Townend stated he tried several times to contact Mr. Heaton to discuss the problem, but to no avail; he noted he is not against the business, it is just improperly placed. Phil Palco, the neighbor accused of running a mechanic shop, informed the Board that every vehicle on the place is owned by himself and his Dad and they do not have a commercial operation. Bill McMahon, the neighbor behind the subject property with the two teenagers, stated he has put in two speed bumps in an attempt to slow the traffic down; he noted that all their traffic is residential. Mr. McMahon submitted a signed and recorded copy of the easement agreement, as mentioned previously. In response to the concern raised about reduced property values, Mr. Heaton stated that all the junk cars on the property across from them will reduce property values more and it is continually getting worse; he noted he has tried to keep his property appear residential, and his warehouse looks like a four-car garage. Commissioner Duvall asked Mr. Heaton if he was aware of the contingency in the easement agreement that the access could only be used for residential or agriculture and that FA-Farming does not allow commercial business; he responded in the negative. At this time, the property owner's attorney Tony Dworak requested that if the Board finds that a violation exists, that the compliance be staid if an application for special exception is filed.

Discussion among the Board followed; the Board concurred that it is obvious that a zoning violation exists and that there is a violation of the easement agreement. Chair Clarke informed Mr. Heaton that in order for him to conduct business at this location, he needs to apply for a home occupation and he read the portion of the Larimer County Zoning Resolution regarding home occupations; based on that definition, he noted that Mr. Heatons business is an illegal business in this location and the only choice is to go for special review. However, he cautioned that if Mr. Heaton comes in for a variance, the neighbors will object and he advised him to find another place for his business.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners find, in the matter of the Heaton Zoning Violation, that a violation exists, require compliance within 30 days, and authorize legal action if the deadline is not met

Motion carried 3 - 0.

The meeting recessed at 4:55 p.m.

PUBLIC HEARING TO REVIEW LIQUOR LICENSE

RENEWAL APPLICATIONS

FOR THE COW PALACE, MISHAWAKA INN, AND THE HUNT CLUB

(#119 & #120)

The Board of County Commissioners reconvened at 7:00 p.m. for a Public Hearing to review renewal liquor license applications for three establishments. Chair Clarke presided; Commissioner Disney was present. Also present were: Ed Schemm, Health Department; Brice Miller, Building Official; George Hass, County Attorney and Frank Lancaster, County Manager. Recording Clerk, S. Graves.

1. COW PALACE: Mr. Hass noted that this portion of tonight's public hearing is for the Board to consider the renewal application for a Tavern Liquor License for the Cow Palace, license holders Jeanne and George Kent; he noted that the Commissioners called for this hearing because of concerns they have about the operation of the establishment, as shown by a report from the Sheriff's Department regarding eleven incidents occurring at the Cow Palace during the past year, and the Commissioners wish to hear from the owners about those incidents.

George and Jeanne Kent were sworn in by Court Reporter Tammy Trowbridge Fleming; George Kent submitted a picture of the posting of the Notice regarding this hearing and also a letter from Sheriff Shockley commending the Cow Palace for their efforts to assure that alcohol products are not being provided to the youth of the community. In response to the eleven incidents reported, Mr. Kent noted that they were not aware of some of the incidents because some of them were in the parking lot next door and moved to their parking lot and, some of the calls were made from pay phones. Mr. Kent noted that he is the bouncer for the Cow Palace and has worked closely with the Sheriff's Department; he described the incidents in which they called the Sheriff's Department for assistance. The incidents listed were reviewed and discussed and the Kents described how they use different color stamps to identify the underage and those patrons that are eligible to purchase alcohol. Commissioner Clarke asked Mr. Kent about the training provided for the servers of their establishment to check for identification of patrons; Jeanne Kent responded that training classes are held conducted by Joe Hemby of the Larimer County Sheriff's Department. Discussion followed.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the renewal application for the Tavern Liquor License (#03-277177-0000) for Jeanne and George Kent, dba the Cow Palace at 6520 S. College Avenue, Fort Collins, CO.

Motion carried 2 - 0.

2. MISHAWAKA INN: Mr. Hass noted that this portion of the hearing is to consider the renewal application for the Tavern Liquor License for Mishawaka Inn, Inc.; he noted that the Commissioners asked for this hearing under the provisions of the law which permits a public hearing on renewal of any liquor license. Mr. Hass stated that the Commissioners have received several letters of complaint from citizens about Mishawaka and the incident reports from the Sheriff's Department. At this time, Chair Clarke submitted copies of an E-Mail he received today from Linda Sparks and James C. Baker, citizens residing in Poudre Canyon voicing their complaints about Mishawaka Inn. Mr. Hass stated that the purpose of this hearing is to determine if good cause exists for not renewing the license.

At this time, Robin Jones, Chris Jones, and Jay Garamone, the manager and owners of Mishawaka Inn, were sworn in by Court Reporter Fleming; the incident reports were reviewed and discussed. Robin Jones stated that their policy for all the concerts at Mishawaka is to issue wrist bands after persons are ID'd to curtain the possibility of under-age consumption and to monitor the crowds. Robin Jones addressed the concerns raised in the letters and reviewed some of the things they have done to mitigate some of the concerns; i.e., tore down the old stage and plan to build a new one relocated to reduce the decibels to the closest neighbors, last year spent $16,000 hiring outside security during the large concerts, etc. There was discussion of campers and tents along the road near Mishawaka; Chris Jones stated that this has been addressed and there will be no more camping on the premises in the future. He noted, however, that one of the pop-up campers is for the security person and will remain.

Ed Schemm submitted his report subsequent to the Health Department's last inspection of Mishawaka Inn on October 25, 1996; the report outlined a number of outstanding issues still needing correction. Mr. Schemm noted that the four major concerns are: 1) The outdoor bar on the patio; 2) The water supply does not have required filtration; 3) They are in arrears for an incurred expense of $180 for lab costs for monitoring their water supply; and 4) A civil penalty under the Colorado Food Service Rules and Regulations of $300 has been issued for extended violations at Mishawaka which have not been corrected. Mr. Schemm advised that the Board might want to consider making compliance of these issues conditional upon approval of the renewal application. Commissioner Disney asked Mr. Schemm how long Mishawaka has been aware of these violations; he responded approximately one year. Mr. Schemm stated that their attitude is good, the work just doesn't get done. Brice Miller stated that since Mishawaka is not in a fire district, the Board requested his department to do an inspection of the building and check for fire hazards as well as building code violations; during their inspection, they found quite a few conditions in which no permits had been issued and they sent a letter to Robin Jones on October 13, 1996 giving him 60 days to comply with the issues--which are quite extensive. Mr. Miller also noted that a letter was received from the National Forest Service and they are still interested in a land exchange and he stated that he is willing to give Mishawaka more time to work on those negotiations.

Bill Bertzke, speaking as a private citizen and Director of Pingree Park Campus for six months of the year, stated that the Campus has approximately 6,000 guests and visitors, all of whom access the campus by way of Poudre Canyon; he noted he has had personal experience with Mishawaka, and has attended several concerts, but he has some concerns. He cited several incidents concerning employees of his involved in car accidents caused by patrons of Mishawaka; he also noted that parking is a real issue, and he suggested that one solution would be a shuttle bus, and he is sure the occupancy limit is exceeded, and he has heard that the sewer system is inadequate. Chris Jones responded that the shuttle bus is a good suggestion and they tried it for two seasons, but it proved too costly as sometimes there would be as few as two persons on the bus. Robin Jones stated that they are very interested in doing the land exchange and with regard to the rumor about the sewer system, he assured the Board that sewage is not going into the Poudre River; also, he noted that the Health Department concerns about the outside bar have been resolved, as the outside bar has been totally dismantled and will not be rebuilt unless approved by the Health Department. In addition, Robin Jones stated that the ice machine and floors have both been done and water storage tanks and water filter systems are being added; he noted that they have discussed building a bridge which would put all the cars on the other side of the river, but it would be a very expensive investment. Robin Jones stated that if the Board thinks the all-age shows should be limited to persons 21 and over, they could do that and say that no one is allowed into a concert unless they are with their parents.

Chair Clarke asked about the lab costs and the civil penalty. Robin Jones stated they are ready to pay the $180 immediately, but with regard to the civil penalty, they would still like to meet with Mr. Schemm on that issue, and he stated that hopefully the Forest Service will complete the land exchange transaction; if not, they will seriously have to look at the bridge idea. Mr. Schemm agreed that some progress has been made on the violations but he stated that the critical violation is the water supply. Chris Jones stated that all the violations, except for two, were there when they purchased the property and they did not know that building permits had not been issued.

At this time the public comment portion of the hearing was closed and opened for Commissioners' comments; Commissioner Disney stated that he hopes the land exchange takes place because it is obvious this is a facility that has outgrown its location. Chair Clarke concurred that the ultimate solution is the land exchange; therefore, he encouraged the owners to keep working on the land trade, but in the meantime, they have to get the health and safety issues resolved as the water supply is not acceptable. Chair Clarke noted that he is encouraged that the owners have taken steps to eliminate the camping, and the idea of requiring the under-age crowd to be with their parents may solve some of the problems.

Mr. Hass stated that the Board could temporarily extend the existing license, not renew it for a full year, and continue the matter for a period of time, and then at that time see if the basic health problems have been resolved. Discussion among the Board followed regarding the conditions to be required and it was decided to renew the license until May 1, 1997. Mr. Lancaster added that if something of substance comes up between now and May 1, 1997 with Mishawaka, those issues will also be discussed at that time.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners temporarily approve the renewal application for the Tavern Liquor License for Mishawaka Inn, Inc. dba Mishawaka Inn (#05-39005-0000) at 13714 Poudre Canyon, Bellvue, CO.; this temporary approval is conditional on the health and safety issues being resolved, as outlined by the Health Department.

Motion carried 2 - 0.

3. HUNT CLUB: Mr. Hass noted that this portion of the hearing is to consider the renewal application for the Tavern Liquor License for Colfort, Inc., dba the Hunt Club. Alan Dill, attorney with Dill, Dill, Carr, Stonbraker & Hutchings, addressed the Board and discussed the four incident reports from the Sheriff's Department listed for the Hunt Club. He acknowledged the incidents, but stated that the Hunt Club called for assistance from the Sheriff's Department and they responded; he noted that he always advises his clients to call for assistance from the Sheriff's Department when an incident is serious and requires assistance and he does not view the incident as a situation which should be held against the Hunt Club. Mr. Dill asked if he should continue to advise his clients accordingly; the Board responded affirmatively. Mr. Dill admitted that the person hired to patrol the parking lot was beaten and the Hunt Club immediately called for assistance, and that incident also should not be held against the Club; he stated that they also try to comply with the liquor code and thinks they have a good working relationship with the Sheriff's Department. Further questions and discussion regarding the other incident reports followed.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the renewal application for a Tavern Liquor License (#03-43823-0000) for Colfort, Inc., dba the Hunt Club at 400 Link Lane, Fort Collins, CO.

Motion carried 2 - 0.

The hearing adjourned at 9:35 p.m.

WEDNESDAY, DECEMBER 11, 1996

ADMINISTRATIVE MATTERS

(#121)

The Board of County Commissioners met at 9:00 a.m. in regular session with Frank Lancaster, County Manager. Chair Clarke presided and Commissioner Duvall was present; Commissioner Disney was in Denver attending a Regional Council of Governments staff meeting. Also present were: Sam Szymanski, Human Development Grants Manager; Ginny Riley, Director of Human Development; Ralph Jacobs, Director of Human Resources; Bruce Biggi, Geographical Information Systems Manager; and Joan Duchene, Commissioners' Office Supervisor. Recording Clerk, S. Graves.

1. OPEN SESSION FOR PUBLIC COMMENT: The following persons came to address the Board during the Open Session for Public Comment: Bob Tueting and Lee and Al Baccili. Mr. Tueting reminded the Board that on November 5, 1996, the voters of Larimer County voted 59 to 41 to oppose the Larimer County Referred Issue 1A for a 0.43 percent sales and use tax for 20 years. Mr. Tueting voiced his objection to the Board presenting a small version of this same issue to the voters again in 1997 as it would be an insult to the voters intelligence and a repudiation of their right of free franchise; he stated that it is the Board's solemn responsibility to respect the right of franchise and recognize what the people have said, and if the Board attempts to mesmerize the people into voting for half as much next year, he and Mr. Bacilli will organize a campaign to defeat it as they did this year.

Mr. Bacilli added to the above concern and stated that a .04% increase in sales tax for 20 years is out of order and out of line; he noted he is against taxes and he wants growth to pay for itself. Commissioner Duvall invited Mr. Tueting and Mr. Bacilli to attend meetings and support the Board when they try to increase development fees so growth will pay its own way and she asked if they would organize a campaign to support those fees; they responded in the affirmative. Mr. Bacilli discussed the possibility of using the old Fort Collins High School for the Administrative Offices for the County; he stated he has heard million of excuses and he asked why it can't be used. In response, Chair Clarke stated that he once believed that F.C.H.S. was the answer; however, the cost to remodel is very high and all the experts say it is not practical. Mr. Bacilli vehemently disagreed. Mr. Bacilli also discussed the proposed annexation of the area near the Good Samaritan; he is concerned because people don't use Trilby Road, but Constellation going through the Skyway Subdivision, which is a county road in terrible condition and not maintained. After discussion, the Board asked Mr. Lancaster to have the Planning staff get involved and if the subject area is annexed, possibly the City of Fort Collins will help fix the roads. Chair Clarke advised Mr. Bachilli that, because he lives in an urban-type density development, it would be in his best interest to be annexed into the City of Fort Collins and he has the right to ask to be annexed.

2. HUMAN RESOURCE GRANT ALLOCATIONS: Ms. Szymanski submitted the 1997 Human Resource Grant Program allocations, as recommended by the Human Resource Committee, and requested Board approval of same; she noted that four new agencies were added this year and they had less funding to allocate.

M O T I O N

Commissioner Duvall moved that the Board of County Commissioners approve the 1997 Human Resource Grant Allocations, as recommended by the Human Resource Committee.

Motion carried 2 - 0.

Commissioner Duvall requested Mr. Lancaster write an individual letter to each member of the Human Resource Grant Committee expressing the Board's appreciation for their time and efforts in determining these allocations; Chair Clarke concurred.

3. WAIVER OF PERSONNEL POLICY FOR HIRING GIS POSITIONS: Mr. Jacobs stated that the request before the Board today is to approve a waiver of the vacancy posting provisions of the County Personnel Policy Manual in order to fill positions created for the GIS and Mapping Services Department. It was noted that the 1997 County Budget appropriates funds for the creation of 6 positions in the GIS and Mapping Services Department and there are 5 positions formerly funded in the Assessor's Department and 1 position formerly funded in the Planning Department which will be replaced with these 6 positions, and it would not be in the best interests of the County or the employees to require that these employees be required to apply for the new positions through the competitive application process. It was noted that the planned 1997 GIS budget contains budgeted amounts to cover the estimated costs of these positions.

M O T I O N

Commissioner Duvall moved that the Board of County Commissioners approve the waiver of the posting requirement of the Larimer County Personnel Policy Manual in order to fill the new positions created for the GIS and Mapping Services Department by first offering the vacancies to Kyle Freestone, Jane Padilla, Jerry Poling, Arthur Schumaker, and Jay Meehl; one position will be posted for competitive application.

Motion carried 2 - 0.

4. APPOINTMENT TO EMERGENCY TELEPHONE AUTHORITY: Mr. Lancaster requested the Board to make an appointment to the Larimer Emergency Telephone Authority Board to fill the position soon to be vacated by Brenda Jones, as representative for the hospital districts. The Board deliberated over the two applicants a long time, as both applicants were highly recommended.

M O T I O N

Commissioner Duvall moved that the Board of County Commissioners appoint Lyle Huff to the Larimer County Emergency Telephone Authority, to represent the County Hospital Districts, for a two-year term ending December 31, 1998.

Motion carried 2 - 0.

5. APPOINTMENT TO RETIREMENT BOARD: Ms. Duchene noted that the Larimer County Retirement Board has requested that the Commissioners reappoint Bob Eichem to the Retirement Board for another four-year term, starting January 1, 1997.

M O T I O N

Commissioner Duvall moved that the Board of County Commissioners appoint Bob Eichem to the Larimer County Retirement Board, as recommended, for a four-year term starting January 1, 1997.

Motion carried 2 - 0.

6. RESOLUTION ESTABLISHING COMPENSATION AGREEMENT WITH THE DISTRICT ATTORNEY: Mr. Lancaster requested Board approval of a resolution establishing compensation agreement with the District Attorney; he explained that the resolution is required because the District Attorney's position is different from any other elected official in that the State provides a certain amount of money and then, before the District Attorney takes office, the Commissioners set the salary with an inflationary factor built in and additional funding. Discussion for further clarification of the resolution followed.

M O T I O N

Commissioner Duvall moved that the Board of County Commissioners approve a Resolution Establishing Compensation Agreement with the District Attorney, as presented.

Motion carried 2 - 0.

R96-169g RESOLUTION ESTABLISHING COMPENSATION AGREEMENT

WITH THE DISTRICT ATTORNEY

7. ITEMS FOR LEGISLATIVE DISCUSSION ON THE 12TH: Mr. Lancaster asked the Board if there were other topics they wished to discuss with the Legislators tomorrow other than the agenda items regarding welfare reform submitted by the Health and Human Services Department; Chair Clarke stated that are two issues that relate to youth and tobacco he would like to discuss with the Legislators to solicit their help. Chair Clarke stated he also wants to talk to Colorado Counties, Inc. (CCI) about lobby support for this. Chair Clarke noted also that, according to a citizen complaint he had, Colorado is the only State that requires a physical for children to go to camp, and he wondered if this should be discussed.

8. COMMISSIONER REPORTS:

-- Commissioner Duvall asked Mr. Lancaster about the status of the three test cases of the 35-Acre Task Force and if a date has been established for a report to the Board; Mr. Lancaster will request a brief update from the 35-Acre Task Force during Administrative Matters next week.

-- Commissioner Duvall reported that six months ago she attended a meeting with Sister Mary Alice, Rusty Collins of Neighbor to Neighbor, and others to discuss what the County can do to help with affordable housing and the problem of closing down mobile home parks. At that time, Commissioner Duvall told them that her perception was that there were many groups working on affordable housing and she asked if they could pull together all the diverse groups and come up with a plan and set of recommendations so the County could figure out who to work with and how to proceed; she reported that she met with them again and they gave her a report and a packet of information. Commissioner Duvall read the list of all the groups that came together and will be working through the Affordable Housing Task Force of Larimer County; she assured them that the Board will continue to work with them and there will be continuity. Commissioner Duvall complimented the Affordable Housing Task Force for the wonderful job they did pulling together the organizations, compiling data, and making recommendations and she wondered if some of the recommendations might be added to the Affordable Housing Policy that will be a part of the Partnership Land Use System (PLUS). With regard to the displacement of mobile homes, she noted that they would like to create a multi-use mixed income community in the Urban Growth Area where the land would be owned by a Trust and then the people that bought in there would have more control over the land. Chair Clarke added that there is also a desire to have a Search Conference among all the people in Larimer County who are involved in the issues of affordable housing; the Board asked Mr. Lancaster to work with Mr. Gluckman to make sure there is staff follow up and implementation on this matter. Chair Clarke requested that another copy of the report be sent to Kathy Snell, Director Health and Human Services.

9. DOCUMENT REVIEW:

M O T I O N

Commissioner Duvall moved that the Board of County Commissioners approve the Minutes for the week of December 2, 1996, as submitted.

Motion carried 2 - 0.

M O T I O N

Commissioner Duvall moved that the Board of County Commissioners approve the Schedule for the week of December 16, 1996, as submitted.

Motion carried 2 - 0.

M O T I O N

Commissioner Duvall moved that the Board of County Commissioners approve the following documents as listed on the Consent Agenda for Document Review on December 11, 1996:

MISCELLANEOUS DOCUMENTS: Glen Haven Amended Plat, Lots 1 and 2, Block 8 and 48; and an Amended Plat for the Malchow Minor Residential Development. LIQUOR LICENSES: Licenses were issued for: Masonville Store - 3.2% - Masonville, Co.; Horsetooth Marina Resort - 3.2% - Fort Collins, CO.; and the Sun Deck Restaurant - 6% WITH EXTENDED HOURS - Estes Park, CO. County approval was granted to the Spanish Manor - 6% - Fort Collins, CO.; St. Louis Liquors - 6% - Loveland, CO.; and the Fort Collins Moose Lodge #275 - 6% - Fort Collins, CO.

A96-153 LEASE AGREEMENT BETWEEN THE BOARD OF COUNTY

COMMISSIONERS AND PAUL WAGNER/CASANA CORP.

(Office Space at 122 South Mason for Clerk & Recorder's Office)

A96-154 AGREEMENT CONCERNING ROAD IMPROVEMENTS ON

COUNTY ROADS 5 AND 38 BETWEEN THE BOARD OF COUNTY

COMMISSIONERS AND ROBERT F. AND SANDRA D.

FLOCKHART (Project #203)

A96-155 PROFESSIONAL SERVICES AGREEMENT BETWEEN THE

BOARD OF COUNTY COMMISSIONERS AND DAVIS/GLASS

ARCHITECTS, LLC. (1525 Blue Spruce Drive)

R96-170s FINDINGS AND RESOLUTION DENYING THE LOCKMAN

MINOR RESIDENTIAL DEVELOPMENT APPEAL

R96-171s FINDINGS AND RESOLUTION APPROVING THE VACATION

OF UTILITY EASEMENT IN GLACIER VIEW MEADOWS

SUBDIVISION, NINTH FILING

R96-172s FINDINGS AND RESOLUTION APPROVING THE VACATION

OF UTILITY EASEMENT IN GLACIER VIEW MEADOWS

SUBDIVISION, EIGHTH FILING

R96-173rb FINDINGS AND RESOLUTION APPROVING A ROAD IN

SECTION 1, TOWNSHIP 8 NORTH, RANGE 69 WEST

Motion carried 2 - 0.

The meeting adjourned at 10:30 a.m., to be continued tomorrow at 10:00 a.m.

THURSDAY, DECEMBER 12, 1996

ADMINISTRATIVE MATTERS (CONT.)

(#123)

The Board of County Commissioners met at 10:00 a.m. with Frank Lancaster, County Manager, to continue Administrative Matters. Chair Clarke presided; Commissioners Disney and Duvall were present. Also present were: Larry Timm, Director of Planning; Russ Legg, Chief Planner; Dr. Keith Olson, Director Mental Health Center; Kathy Snell, Director Health and Human Services; Ralph Jacobs, Director of Human Resources; and Cheryl Anderson-Siler, Employee Relations/Class Specialist. Recording Clerk, S. Graves.

1. DISCUSSION OF FORT COLLINS RESOLUTION CONCERNING THE IGA: Mr. Timm presented a copy of a Resolution of the Council of the City of Fort Collins outlining the basic principles to be contained in an Intergovernmental Agreement (IGA) with Larimer County for the purposes of addressing growth management issues; he noted the City of Fort Collins sent the resolution over for the Board to review and discuss. Mr. Timm stated that the City of Fort Collins would like for the IGA to be revised and completed no later than March 1, 1997. The Board discussed and reviewed at length the resolution and the sixteen (16) basic principles in detail; some were acceptable as written, suggested revisions were made to others, and two additional principles were offered. Mr. Timm was instructed to draft a letter to the City of Fort Collins outlining the Board's suggestions and revisions to the resolution; this draft letter will be presented to the Board during Administrative Matters next week for approval or further revision.

2. ISLAND GROVE DETOXIFICATION AGREEMENT: Dr. Olson presented a Detoxification Services Agreement for the calendar year 1997 and requested Board approval; he noted that for the past several years the Board has provided funding support to the Island Grove Regional Treatment Center in Greeley for alcohol detoxification services for Larimer County residents. Dr. Olson stated that two years ago, Island Grove proposed an expanded program that included an expansion of transportation availability, enhanced case management and follow-up services with a funding ratio of 31% for Larimer County and the remainder proportionally divided between other entities in the County; he noted that the current proposal does include a request for a modest increase in County general fund support--from $14,700 to $16,485 and he informed the Board that statistical evidence suggests that the County is receiving value for the funds spent.

M O T I O N

Commissioner Duvall moved that the Board of County Commissioners approve the Detoxification Services Agreement for 1997 with the Island Grove Regional Treatment Center in Greeley, Colorado, and authorize the Chair to sign same.

Motion carried 3 - 0.

A96-156 DETOXIFICATION SERVICES AGREEMENT BETWEEN THE

BOARD OF COUNTY COMMISSIONERS AND ISLAND GROVE

REGIONAL TREATMENT CENTER, INC.

3. REQUEST FOR ADDITIONAL PSYCHIATRIST AT THE MENTAL HEALTH CENTER: Dr. Olson requested Board approval to create and fill a full-time psychiatrist position at the Mental Health Center, effective January 2, 1997, at a salary of $110,000. Dr. Olson stated that the current level of psychiatric staffing is insufficient to meet the service needs of the current Center clients; in addition, requests have been received for increased services to the Developmentally Disabled population through Foothills Gateway and from other DD service providers. The addition of a full-time psychiatrist position will result in a net increase to the Center of .4 FTE in addition to the .1 required by the DD system; the costs of the proposed full-time psychiatrist position will be covered through contributions from Foothills Gateway, Medicaid and Medicare earnings and the additional psychiatric time will ensure greater compliance with professionally defined standards of care.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the request from the Mental Health Center for the creation of a full-time psychiatric position at the Mental Health Center, at a salary of $110,000 per year, with the cost to be funded through rearrangement of the current Center funding and through additional earnings from fees for services.

Motion carried 3 - 0.

4. REQUEST FOR POLICY WAIVER FOR CONTRACT HIRING IN PARKS: Mr. Lancaster informed the Board that the Parks Department is making some changes in the status of some people in their department and they want to bring those people who have been there in the past as temporary employees to be in regular positions for a limited time and receive benefits. The Parks Department is requesting a waiver of the existing Limited Term Employee Policy to expand the definition of employees who may be hired under limited term employment agreements for the period December 1996 through November 1997. Discussion of the request followed.

M O T I O N

Commissioner Duvall moved that the Board of County Commissioners approve a waiver of the Limited Term Employee Policy, Section 213, to permit the Parks Department to employ individuals in the identified positions as limited term employees.

Motion carried 3 - 0.

5. WORKSESSION:

-- Request for Approval of Lien Subordination Agreement: Mr. Lancaster received a call from the County Attorney's Office requesting Board approval of a Lien Subordination Agreement.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the Lien Subordination Agreement between the Board of County Commissioners and Colorado National Bank, as requested.

Motion carried 3 - 0.

A96-157 LIEN SUBORDINATION AGREEMENT BETWEEN THE BOARD

OF COUNTY COMMISSIONERS AND COLORADO NATIONAL

BANK

The meeting recessed at 11:45 a.m.; to be continued at 1:30 p.m. this afternoon.

ADMINISTRATIVE MATTERS (CONT.)

(#122)

The Board of County Commissioners reconvened at 1:30 p.m. to continue with the Worksession from this morning. Chair Clarke presided; Commissioners Disney and Duvall were present. Also present were: Frank Lancaster, County Manager, and Neil Gluckman, Assistant County Manager. Recording Clerk, S. Graves.

-- Report on Meeting regarding Cache La Poudre River Corridor: Mr. Lancaster reported on a meeting he attended this morning to discuss the Cache La Poudre River Corridor Act which recently passed; he stated that the way the Bill is written, several representatives will be appointed to a Commission, as recommended by the Governor to the Secretary of Interior. Mr. Lancaster listed the breakdown of the representation for the appointees, as well as a list of persons which have been suggested to serve on the Commission, and he asked the Board to think about who they wish to recommend. The objective of the Commission was discussed and Mr. Lancaster noted that the appointments have to be made by April 19, 1997. As a person from agriculture is to be appointed to the Commission, Mr. Lancaster was requested to ask the Ag Task Force to suggest a person involved in agriculture. The Board also suggested that Mr. Lancaster be recommended for appointment. Much discussion ensued; the Board will consider the persons suggested and make a decision later concerning their recommendations.

-- Manager's Entrepreneurial Fund: Mr. Lancaster noted that only one request was received for the Manager's Entrepreneurial Fund; he noted that in a few places, the Probation Office has a program where people in transition, and people from Community Corrections, are set up in rental space with minimal supervision to live together for awhile until they get on their feet. Mr. Lancaster stated that it has been successful and they support each other; however, they have had problems with people wanting to rent to them. A proposal has been suggested that some seed money be generated to rent space for them and Mr. Lancaster asked the Board what they think of this idea; much discussion followed and the Board does not wish to pursue it.

-- Expanded Consent Agenda: Mr. Lancaster noted that the Fort Collins City Council has a number of items on a Consent Agenda for Administrative Matters which are taken care at the beginning of the meeting and he wondered if the Board would be interested in doing the same in an effort to cut down on the length of meetings; the Board concurred with the suggestion.

-- Disposal of Real Property: Mr. Lancaster noted that previously Mr. Roger Dawdy was requested to review all the parcels of land owned by Larimer County; that review has been completed and that report was submitted and included a list of the properties recommended for review to determine if they present any liability concerns, should be considered for inclusion in the Open Space program, or for disposal. The report was reviewed by the Board and much discussion followed; the Board requested Mr. Lancaster to meet with the Parks Department, Public Works, and the County Attorney to start the process for disposing of many of the properties, and then return to the Board with a report.

-- Board/Staff Retreat on January 16, 1997: Mr. Lancaster stated that a Board/Staff Retreat is tentatively scheduled for January 16, 1997 to discuss future plans and staff relationships and he asked if the Board concurred; the Board directed Mr. Lancaster to proceed with the Board/Retreat as tentatively scheduled.

-- 1997 Scheduling Changes: Mr. Lancaster asked the Board if they had any objections to moving Administrative Matters each week to Tuesday mornings instead of Wednesday; the Board voiced no objections and the change will commence in January 1997.

-- Policy Worksession Items through January 16, 1997: Mr. Lancaster submitted a list of all the discussion topics the Board needs to discuss during Policy Worksessions and he asked the Board to prioritize those topics and decide which should be discussed on the available dates available for Policy Worksessions through January 9, 1997; much discussion of the topics followed and the Board indicated to Mr. Lancaster which topics will be discussed on each available date.

-- Commissioner Reports (Cont.): Commissioner Disney reported that he met with DRCOG regarding transportation in the northern I-25 corridot and they were very receptive.

The meeting adjourned at 3:25 p.m.

______________________________________

JOHN CLARKE, CHAIR

BOARD OF COUNTY COMMISSIONERS

( S E A L )

ATTEST:

_______________________________________

Sherry E. Graves, Deputy County Clerk

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