Loveland Bike Trail
 

PROCEEDINGS OF THE BOARD OF COUNTY COMMISSIONERS

MONDAY, JUNE 9, 1997

There were no meetings today because the Colorado Counties, Inc. (CCI) Summer Conference is being held in Steamboat Springs, Colorado this week, which Commissioner Clarke will be attending.

TUESDAY, JUNE 10, 1997

ADMINISTRATIVE MATTERS

(No Tape - System Disconnected for Installation of Carpeting)

The Board of County Commissioners met at 9:00 a.m. in regular session with Neil Gluckman, Assistant County Manager. Chair Disney presided and Commissioner Olson was present. Also present were: Rob Helmick, Senior Planner; Dan Nelson, Developer; Robert Over, Executive Director of LARICO; Amy Brookner, LARICO Board President; Attorney Rick Zier; John Pedas, Code Enforcement Officer; Kathy Snell, Health & Human Services Director; Carol Gillespie, Community Development Manager; Ralph Jacobs, Human Resources Director; District Attorney Stu VanMeveren; Linda Coxen, District Attorney's Office Administrator; Sam Szymanski, Human Resource Grants Manager; and Deni LaRue, Community Information Manager. Recording Clerk, S. Graves.

1. OPEN SESSION FOR PUBLIC COMMENT: Tom Bender, Chairman National, State & Local Affairs for the Larimer County Farm Bureau, submitted copies to the Board of the magazine "Tree Farmer", including two articles about Tom and Mary Bender's concern for the future of the American farmer and for winning the Western Award as Outstanding Tree Farmers. Mr. Bender also submitted a copy of a letter he sent to Representative Bob Schaffer in Washington thanking him for co-sponsoring the repeal of the Estate Tax; he noted that what is being proposed for the year 2000 is not acceptable.

2. APPROVAL OF MINUTES FOR THE WEEK OF JUNE 2, 1997:

M O T I O N

Commissioner Olson moved that the Board of County Commissioners approve the Minutes for the week of June 2, 1997, as submitted and amended.

Motion carried 2 - 0.

3. APPROVAL OF SCHEDULE FOR THE WEEK OF JUNE 16, 1997:

M O T I O N

Commissioner Olson moved that the Board of County Commissioners approve the Schedule for the week of June 16, 1997, as submitted and revised.

Motion carried 2 - 0.

4. APPROVAL OF CONSENT AGENDA:

M O T I O N

Commissioner Olson moved that the Board of County Commissioners approve the following documents as listed on the consent agenda on Document Review for June 10, 1997:

MISCELLANEOUS DOCUMENT: Sierra Plaza Condominium Supplement #1 Plat. LIQUOR LICENSES: County approval was granted to: Casa De Colorado - 6% BREW PUB LICENSE - Fort Collins, CO.; Hickory House South - 6% - Fort Collins, CO.; Bruce's Dark Horse Restaurant - 6% - Estes Park, CO.; Conoco #06382 - 3.2% - LaPorte, CO.; Conoco #06381 - 3.2% - Bellvue, CO.; Ptarmigan Club LLC - 6% - Fort Collins, CO.; and a Waive of Hearing for a 6% SPECIAL EVENTS PERMIT on July 5, 1997 from 10:00 a.m. to 8:00 p.m. for Hearts & Horses, Inc. at 2331 Waterdale Drive in Loveland, CO. A license was issued to Gateway Liquors, Inc. - 6% - Loveland, CO.

A97-99 ADDENDUM TO INTERGOVERNMENTAL AGREEMENT BETWEEN

THE BOARD OF COUNTY COMMISSIONERS AND THE TOWN OF

BERTHOUD, COLORADO

A97-100 LAPORTE PLAZA PUD FINAL PLAT AND SUBDIVISION

IMPROVEMENT AGREEMENT BETWEEN THE BOARD OF

COUNTY COMMISSIONERS AND GERALD F. AND JEANETTE

THOMAS (DEVELOPER)

A97-101 AGREEMENT CONCERNING ROAD IMPROVEMENTS ON

COUNTY ROAD 23 BETWEEN THE BOARD OF COUNTY

COMMISSIONERS AND GLENN E. PENNOCK

A97-102 INTERGOVERNMENTAL AGREEMENT BETWEEN THE BOARD

OF COUNTY COMMISSIONERS AND BOULDER, JEFFERSON,

DOUGLAS, AND EL PASO COUNTIES FOR PHASE 2 OF THE

FRONT RANGE MOUNTAIN BACKDROP PROJECT

A97-103 EMERGENCY FUND CONTRACT AGREEMENT FOR FOREST

AND WATERSHED FIRE CONTROL AMENDMENT I BETWEEN

THE BOARD OF COUNTY COMMISSIONERS AND THE STATE

BOARD OF AGRICULTURE ON BEHALF OF THE COLORADO

STATE FOREST SERVICE

C97-28 CONTRACT FOR PROFESSIONAL SERVICES BETWEEN THE

BOARD OF COUNTY COMMISSIONERS AND WESTERN

ECOLOGICAL RESOURCES, INC. (Little Thompson River Project)

C97-29 CONTRACT BETWEEN THE BOARD OF COUNTY

COMMISSIONERS AND MOUNTAIN CONSTRUCTORS, INC.

OF PLATTEVILLE (Reconstruction, Overlay/Widening of CR42C -

Project #172)

D97-19 DEED OF DEDICATION (FROM/TO) CITY OF FORT COLLINS

(Dedication of Property as Public Highway - Project #172 - CR 42C)

R97-58g RESOLUTION BETWEEN THE BOARD OF COUNTY

COMMISSIONERS AND THE FEDERAL EMERGENCY

MANAGEMENT AGENCY (Adoption of Flood Insurance Study

for the Unincorporated Areas of Larimer County)

R97-59d RESOLUTION ORDERING A PUBLIC HEARING TO CONSIDER

A PETITION FOR A GENERAL IMPROVEMENT DISTRICT

(Skyview South GID)

R97-60s FINDINGS AND RESOLUTION DENYING THE MATHEY MINOR

RESIDENTIAL DEVELOPMENT APPEAL

R97-61s FINDINGS AND RESOLUTION APPROVING THE REQUEST TO

AMEND A PLAT NOTE REGARDING SETBACKS FOR

WILDFLOWER RIDGE PLANNED UNIT DEVELOPMENT

R97-62s FINDINGS AND RESOLUTION APPROVING AN AMENDED

PLAT AND VACATION OF UTILITY EASEMENT IN CRYSTAL

LAKES SUBDIVISION 6TH FILING, LOTS 28-29.

R97-63s FINDINGS AND RESOLUTION APPROVING THE PLAT OF

LENART MINOR RESIDENTIAL DEVELOPMENT

R97-64s FINDINGS AND RESOLUTION APPROVING THE RACQUETTE

DRIVE COMMERCIAL CONDOMINIUMS

Motion carried 2 - 0.

5. APPROVAL OF INDIAN CREEK MEADOWS FINAL PLAT: Mr. Helmick requested Board approval of the Final Plat for Indian Creek Meadows at this time, even though there is a minor problem with an easement; he noted that the document will be in the basket for the Chair's signature next week. Mr. Helmick informed the Board that this is the first Rural Land Use case to advance to this point; he noted that this project of 547 acres has 83% open space which will never be developed. Mr. Nelson thanked the Board and expressed appreciation to the 35-Acre Task Force for all their efforts in bringing about this worthwhile end result. On behalf of the citizens of today and the future, Chair Disney expressed thanks to Mr. Helmick and Mr. Nelson.

M O T I O N

Commissioner Olson moved that the Board of County Commissioners approve the Indian Creek Meadows Final Plat, and authorize the Chair to sign the agreement and Plat when submitted.

Motion carried 2 - 0.

6. PRESENTATION FROM LARICO: Mr. Over stated that he and Ms. Brookner are here today to propose forming a partnership with the Board. Ms. Brookner stated that LARICO is a non-profit organization formed in 1968 by Judge Newton and that there are currently three facilities in Larimer County for juveniles accused of crimes; she noted that the name has been changed to "Turning Point". Ms. Brookner stated that there is a lot of juvenile crime in Larimer County, and this has necessitated the need to expand; she noted that the students are building an addition, with Henzel Phelps supervising the construction. Ms. Brookner stated that one of their goals is to have a girls residential treatment facility and they hope to become an educational facility; she noted that they are getting involved with Colorado State University. Mr. Over stated that they working with the Department of Community Services looking at the needs and he presented visuals showing their plans for "Program Expansion, Development & Diversity"; he noted that their expertise is treatment and continuum of care and services and they are trying to cut back the length of stay the child is in a facility. Questions from the Board and discussion ensued; the concern was raised regarding duplication of services within the County. Mr. Over invited the Board to visit the facility and the kids.

At this time, the recording system was reconnected and the following portion of the meeting is on Tape #199 and continued onto Tape #200.

7. REQUEST TO RE-OPEN ZONING COMPLAINT HEARING: The Board was informed that a request has been received to re-open a hearing for a zoning violation. Mr. Pedas submitted pictures of the subject property at 212 35th Street SW in Loveland and referred to his memo to the Board of April 15, 1997 stating that he inspected the property and found it to be neat and orderly with only two tractors on site; he reminded the Board that this matter was brought before the Board on August 5, 1996 and, at that time, the Board found that a violation existed and conditions were outlined to gain compliance. Mr. Zier, attorney for adjacent property owners Gordon and Virginia Arneson, stated that they have pictures of the subject property from last Fall, quite a while after the hearing, in which the conditions for compliance were openly being violated in terms of construction materials on site, more tractors than permitted, etc. and, in his opinion, this is issue enough for the Board to re-open this matter. Mr. Zier referred to the pictures submitted by Mr. Pedas and stated that they do not portray a residential property in the County and the condition is causing devaluation of adjacent properties. Mr. Zier stated that this is a zoning violation, not a permitted use, and this issue should have gone before the Board of Adjustment rather than the Board of County Commissioners. Mr. Zier reminded the Board that the function of the Commissioners is not enforcement, it is to legislate and enforce the zoning and if someone wants an exception to the zoning, they need to apply for a variance from the Board of Adjustment. Mr. Zier stated that he thinks the conditions outlined by the Commissioners have not been complied with and their request today is for reconsideration of the decision with a fully noticed public hearing. After much discussion, Commissioner Olson stated she would like to take this matter under advisement until the Board has had time to discuss it with the County Attorney.

8. APPOINTED SALARIES RANGE FOR THE DISTRICT ATTORNEY'S OFFICE: District Attorney VanMeveren stated that the purpose of today's meeting with the Board is to establish salary ranges for the District Attorney's appointed officials in accordance with section 510 of the Larimer County Personnel Policy Manual; this action will allow them to raise some of their personnel at least to the minimum of the salary range, which research has established. Mr. VanMeveren noted that there are six people in his department who are below the absolute minimum and he is not asking for any additional money at this time because they can use salary savings from turnover, etc. Mr. VanMeveren reminded the Board that in May of this year, the Commissioners adopted a policy for determining salary ranges for its appointed staff and, in accordance with that policy, the District Attorney's Office, in cooperation with the Human Resources Department, has arrived at a set of salary ranges; the request today is for formal adoption of these salary ranges and to allow them to use the '97 turnover salary savings. Much discussion followed regarding whether these ranges are for 1996 or 1997; Mr. Jacobs noted that these ranges are from the 1996 survey data.

M O T I O N

Commissioner Olson moved that the Board of County Commissioners approve the adoption of the District Attorney's Appointed Pay Plan for 1997, as recommended by the Human Resources Director and District Attorney's Office and outlined in the staff report, and adoption of the following individual salary adjustments that are needed to implement the plan: Kraig Ecton, Deputy DA, to $38,709; Gregory Lammons and John Middlebrook, Deputies DA1, to $36,138; Christopher Rehmet and Gregory Rogers, Deputies DA1, to $38,876; and Linda Coxen, DA Administrator, to $49,251.

Motion carried 2 - 0.

9. DELETION OF AFFORDABLE HOUSING INFORMATION SYSTEM PROGRAM: Ms. Snell and Ms. Gillespie submitted the third report of the Affordable Housing Information System (AHIS), representing completion of the third developmental phase of the AHIS and meets three out of the four original goals of the project. Ms. Snell stated that with all three developmental phases of the AHIS complete, their recommendation is that the Department of Community Services not undertake the fourth phase, maintenance of the System, as originally planned; she noted that if their recommendation is approved, they will initiate discussions with the GIS and Planning Departments about providing a repository so that both the System and the data are retained in the County for future updating and use. Ms. Gillespie stated that they are pleased with the progress they have made; she noted, however, that the deletion of this program and the reallocation of staff resources does necessitate the layoff of one .75 FTE Program Specialist II. Much discussion followed; Chair Disney requested an assessment of the data which has been collected and if the information generated is being used. The Board decided they would like to discuss this further next week after conversing with GIS whether or not they are interested in providing a repository for the System and data.

10. ADOPTION OF SALARY RANGE FOR COMMUNITY CORRECTIONS DIRECTOR: Mr. Jacobs stated that the purpose of today's meeting is to request approval from the Board to establish the salary range for the Community Corrections Director and to discuss the discretion to be given to the Health and Human Services Director in negotiating the hiring salary. Mr. Jacobs stated that last year Ms. Snell attempted to recruit a Community Corrections Director and was unsuccessful in part because of the salary range offered; he continued that before embarking on another recruiting effort, a telephone survey was conducted of all the Community Corrections facilities in order to determine an appropriate salary. After reviewing the survey results, the recommendation is that $51,064 to $68,936 be the suggested salary range for this position.

M O T I O N

Commissioner Olson moved that the Board of County Commissioners approve the adoption of a salary range of $51,064 to $68,936 for the Community Corrections Director and authorize the Health and Human Services Director to negotiate within a hiring range of $51,064 to $57,000, with the final decision regarding who will be appointed and their salary to be determined by the Board of County Commissioners upon receiving a recommendation from the Health and Human Services Director.

Motion carried 2 - 0.

11. LARIMER COUNTY TRANSIT DEVELOPMENT PLAN: Ms. Szymanski stated that last year the Board approved the Larimer County Transit Development Plan, which was a combined effort between the Cities of Fort Collins and Loveland and Larimer County; she noted that over the course of last year, they have combined forces with Weld County and the City of Greeley to align the two transportation plans. She requested Board approval of the Transit Development Plan Update, which will replace the implementation plan chapter in the existing TDP; she noted that this approval is required by the State Department of Transportation.

M O T I O N

Commissioner Olson moved that the Board of County Commissioners approve the update to the Larimer County Transit Development Plan, as requested.

Motion carried 2 - 0.

12. WORKSESSION:

- Mr. Gluckman reviewed a pending invitation with the Board and they indicated to him whether or not they could attend.

13. COMMISSIONER REPORTS:

-- Commissioner Olson requested Chair Disney's opinion about the letter from the Loveland City Council asking the Commissioners to combine the facility ballot issues for the November election; the Board requested Mr. Gluckman to write a letter in response.

-- Commissioner Olson stated that the Commissioners need to respond to Dr. Collopy regarding his traffic concerns on Country Club Road; the Board requested Mr. Gluckman to write a letter to Dr. Collopy responding to his concerns.

-- Chair Disney reported he attended a breakfast this morning regarding funding for Gateway Park; he noted he asked Mike Powers for permission to use Gateway Park for the Commissioner's Office staff picnic on June 19th and was he granted that permission.

At this time, County Attorney George Hass joined the meeting for Legal Matters.

14. LEGAL MATTERS:

-- Mr. Hass requested Board approval of two Quit-Claim Deeds and Resolutions for Conveyance for the sale of Lot 5 in the 12th Filing, and Lot 81 in the 4th Filing, both in Glacier View Meadows.

M O T I O N

Commissioner Olson moved that the Board of County Commissioners approve a Quit-Claim Deed for Lot 5, 12th Filing in Glacier View Meadows Subdivision to Steven R. and Margaret A. Manson and a Quit-Claim Deed for the sale of Lot 81, 4th Filing in Glacier View Meadows P.U.D. to Edwin H. and Winona R. Hanson

Motion carried 2 - 0.

D97-20 QUIT-CLAIM DEED TO STEVEN R. AND MARGARET A. MANSON

FOR SALE OF LOT 5, 12TH FILING, GLACIER VIEW MEADOWS

SUBDIVISION

D97-21 QUIT-CLAIM DEED TO EDWIN H. AND WINONA R. HANSON

FOR SALE OF LOT 81, 4TH FILING, GLACIER VIEW MEADOWS

P.U.D.

-- Commissioner Olson asked Mr. Hass about the request to re-open the hearing for the Bauer Vehicle Restoration Shop Zoning Violation, which was discussed previously this morning; Chair Disney provided the background information of the zoning violation for Mr. Hass. Mr. Hass stated that when the Board conducts a hearing for an alleged zoning violation, the Board does not decide if there is a violation, only if legal action will be taken; after discussion, the CONSENSUS OF THE BOARD was to re-open the hearing for the Bauer Zoning Violation. Chair Disney requested that Mr. Pedas include in the staff report for the hearing the page from the zoning regulations for the Board to review. Mr. Hass stated that, in the future, after the Board hears testimony regarding an alleged zoning violation, the action taken by the Board should be that the Board finds reasonable evidence to support the allegation that a zoning violation exists and authorize legal action if compliance is not met within a certain period of time.

M O T I O N

Commissioner Olson moved that the Board of County Commissioners go into Executive Session at 11:55 a.m. to discuss threatened litigation.

Motion carried 2 - 0.

The Executive Session ended at 12:10; no action taken.

PUBLIC HEARING REGARDING FORMATION OF

KITCHELL SUBDIVISION GID #16

The Board of County Commissioners reconvened at 7:00 p.m. for a Public Hearing regarding formation of the Kitchell Subdivision GID #16. Chair Disney presided and Commissioner Olson was present. Also present were: Rex Burns, Special Improvement District Administrator; Diane Martell, Engineering Staff Services Manager; and Lisa Dunn, Engineering Department. Recording Clerk, S. Graves.

Chair Disney stated that the purpose of the hearing tonight is to consider the formation of the Kitchell Subdivision General Improvement District #16 and to adopt a resolution declaring said district to be formed, organized, and established.

Mr. Burns stated that this is an organized, advertised public hearing for the Board to consider a resolution to establish this public improvement district; he noted that this improvement district will enable the County to collect a mill levy against properties located within the boundaries of the district. Mr. Burns stated that the revenue from the mill levy will be used for the sole purpose of maintaining and ultimately replacing the existing asphalt surface of the street in Kitchell Subdivision; he noted that this special improvement district will be subject to an election in November of 1997 to approve the additional mill levy taxation. Ms. Martell presented a map of the subdivision, which is off Prospect Street, east of I-25; she noted that the district contains 15 parcels, that 67% of the homeowners signed the petition asking the Board to form the district and put it on the ballot, and the cost estimate is $76,236 requiring a mill levy of 11 mills per year.

The following persons came to indicate their enthusiastic support for the formation of the Kitchell Subdivision General District #16: Kathleen Schmidtke, President Kitchell Subdivision Homeowner's Association and circulator of the petition, Carol Dunn, and Jane and Jeff Benusa.

M O T I O N

Commissioner Olson moved that the Board of County Commissioners adopt the Resolution Organizing and Establishing the Larimer County Kitchell Subdivision General Improvement District No. 16, and authorize the Chair to sign same.

Motion carried 2 - 0.

R97-65d RESOLUTION ORGANIZING AND ESTABLISHING LARIMER

COUNTY KITCHELL SUBDIVISION GENERAL IMPROVEMENT

DISTRICT NO. 16

The hearing adjourned at 7:10 p.m.

______________________________________

JIM DISNEY, 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.