PROCEEDINGS OF THE BOARD OF COUNTY COMMISSIONERS

MONDAY, AUGUST 4, 1997

LIQUOR LICENSE HEARING FOR TAHARAA MOUNTAIN LODGE, INC.

The Board of County Commissioners met at 2:00 p.m. to consider the liquor license application for Taharaa Mountain Lodge, Inc. Chair Disney presided and Commissioner Olson was present. Also present was Jeannine Haag, Assistant County Attorney. Recording Clerk, S. Graves.

Following a review of the contents of the application file by Ms. Haag, Diane Harlan, President of the Taharaa Mountain Lodge, Inc., was sworn in and questioned. Ms. Haag questioned Ms. Harlan in regards to the establishment and petitions that were circulated which demonstrate the surrounding neighborhood's approval of this application. Ms. Haag noted for the record that there was no one appearing at today's hearing in opposition to the granting of this license.

This matter coming on to be heard this 4th day of August, 1997 as an application from the Taharaa Mountain Lodge, Inc. for a Tavern Liquor License, and the Board of County Commissioners having heard the testimony and evidence has considered the same, and being fully advised on the premises, find that the requirements of the neighborhood and the desires of the inhabitants indicate that the said license should be granted. Therefore, it is ordered that a Colorado Liquor License be granted to the Taharaa Mountain Lodge, Inc. located at 3110 So. St. Vrain in Estes Park, Colorado.

M O T I O N

Commissioner Olson moved that the Board of County Commissioners approve the application of the Taharaa Mountain Lodge, Inc. for a Tavern Liquor License at the location of 3110 So. St. Vrain in Estes Park, Colorado 80517, in the County of Larimer, and allow the license to be granted.

Motion carried 2 - 0.

The hearing recessed at 2:25 p.m.

LAND USE PLANNING MEETING

(#225)

The Board of County Commissioners reconvened at 3:00 p.m. in regular session with Larry Timm, Director of Planning. Chair Disney presided and Commissioner Olson was present. Also present were: Al Kadera, Subdivision Administrator; Rob Helmick, Senior Planner, Richael Michels, Planner II; Rex Burns, Project Engineer; Doug Ryan, Environmental Health Planner; and Jeannine Haag, Assistant County Attorney. Recording Clerk, S. Graves.

Chair Disney 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. GLACIER VIEW MEADOWS 8TH FILING, LOTS 45 & 46, AMENDED

PLAT (#97-SA1084): 24-09-72 IN GLACIER VIEW MEADOWS WEST

OF LIVERMORE; 1.82 ACRES; E-ESTATE ZONING

This is a request to combine two existing lots into one building site. Staff findings include: 1) Glacier View Meadows was approved in 1978; the lots are relatively small for a mountain subdivision. By combining these lots, the lot size increases and the density is lowered in the subdivision; 2) Vacating the utility easement along the common lot line will allow better use of the site; 3) The County Health and Engineering Departments, and all utilities serving this area, reviewed the proposed Amended Plat and stated no objections. The staff recommendation is for approval of the Amended Plat of Lots 45 and 46, Glacier View Meadows Eighth Filing and approval of the vacation of the utility easement along the common lot line.

2. PINEWOOD SPRINGS 9TH FILINGS, LOTS 2 & 3, AMENDED PLAT

(#97-SA1085): 28-04-71 - PINEWOOD SPRINGS - NORTHWEST OF

LYONS; 2.54 ACRES; O-OPEN ZONING

This is a request to reconfigure two existing lots to allow for the installation of a septic system leach field on each lot. Staff findings are: 1) Pinewood Springs Ninth Filing was approved in 1968; some of the lots are relatively small and lack adequate space and soils to accommodate septic system. This Amended Plat is intended to Part of Lot 3 is being added to Lot 1 to accommodate a septic system; 2) The County Health Department has reviewed the proposed Amended Plat and indicates that the area being added to Lot 2 will accommodate a leach field; 3) The County Engineering Department, and all utilities serving this area, reviewed the proposed Amended Plat and stated no objections. The staff recommendation is for approval of the Amended Plat of Lots 2 and 3, Pinewood Springs, Ninth Filing.

3. HICKS MINOR RESIDENTIAL DEVELOPMENT LOT 1 EASEMENT

VACATION (#97-SA1079): 27-04-69 - ADJACENT TO THE LITTLE

THOMPSON RIVER, WEST OF COUNTY ROAD 17; FA-1 FARMING

ZONING

This is a request to vacate an access and utility easement to allow for an addition to a home. Staff findings include: 1) The easement is no longer needed for the original purpose for which it was granted; 2) Poudre Valley REA has granted approval to vacate the easement; 3) The farm field to the west of the site has been approved as a PUD, and access for the farm through this access is no longer needed. The staff recommendation is for approval of the Hicks Minor Residential Development Lot 1 easement vacation.

M O T I O N

Commissioner Olson moved that the Board of County Commissioners adopt the staff findings and staff recommendations and approve the Glacier View Meadows 8th Filing, Lots 45 & 46, Amended Plat (#97-SA1084); Pinewood Springs 9th Filing, Lots 2 & 3, Amended Plat (#97-SA1085); and the Hicks Minor Residential Development, Lot 1, Easement Vacation (#97-SA1079).

Motion carried 3 - 0.

4. KAUFFMAN PLANNED UNIT DEVELOPMENT (#96-MS0849): E 1/2

20-05-69 - ON THE EAST SIDE OF COUNTY ROAD 9E, 1/2 MILE NORTH

OF STATE HIGHWAY 402; 35 ACRES; 1 LOT; I-INDUSTRIAL ZONING

This is a request to allow multiple (four) industrial/commercial uses on one parcel with an existing gravel mine. Ms. Michels described the project and location and reviewed the major concerns and issues; she noted that the entire property is located within the 100-year floodplain of the Big Thompson River. Ms. Michels informed the Board that three of the additional uses already exist on the property outside of what is allowed by the Zoning Resolution, which only allows one principal structure on a property, and the fourth building is to be constructed for use by the gravel mining operation. Ms. Michels noted that over the years several buildings have been added, and when the permits for those buildings were applied for, the uses shown on the building permit applications were for uses associated with and accessory to the existing gravel mining operation, and the permits were issued with the condition that they be used only for uses accessory to the mining operation. Currently, however, two of these three buildings are being rented to other businesses and utilized for three separate uses that are not accessory to or related to the Kauffman's gravel extraction and processing operations; she noted that the applicant has indicated a need for an additional building on the site to accommodate the larger equipment currently used in the mining and processing operations. Ms. Michaels stated that this proposal is not about determining the most appropriate zoning for the property, nor about evaluating a use allowed by Special Review in the existing zoning; it is about increasing the intensity of use from one use to five different uses and whether that increase in uses is appropriate or in conformity with the Land Use Plan and other County regulations. Ms. Michels concluded her report by stating that staff feels that allowing the applicants to use their property with the existing zoning is appropriate, but asking to increase the level of usage on a property that is outside the Urban Growth Area, is not served by sewer, and has environmental hazards on the property, is a real concern and could set a bad precedent in this area. Staff findings are: 1) The use of septic systems located within a 100-year floodplain could create hazardous conditions for the citizens of Larimer County, the environment, and for wildlife; 2) Because the property is located within the floodplain and dangerous situations both for the persons and structures located on the property as well as downstream from this project could occur, the property is not appropriate for multiple uses; 3) The property, as currently configured and zoned, does not preclude use of the property by the owner and is currently being used for gravel extraction and processing; 4) The property is located outside of an Urban Growth Area and, therefore, is not appropriate for more intense uses; 5) The proposed Planned Unit Development does not meet the criteria of the Larimer County Comprehensive Land Use Plan; 6) The proposed Planned Unit Development has not demonstrated that it can comply with all of the criteria set forth in the Planned Unit Development Resolution of Larimer County. The Planning Commission/Staff recommendation is for denial of the Kauffman Planned Unit Development.

Frank Kauffman, applicant, informed the Board that the three buildings on site have been used for the gravel operation, but as the operation grew, they applied for and were issued a new building and septic permit; he described the uses of the buildings and stated that today he is requesting approval to build a new larger shop. Mr. Kauffman agreed that the existing buildings are in the floodplain, but he stated that when they were built, there was no floodplain established east of CR 9E; he noted that the proposed new shop will be above the flood plain by 260 ft., so this should no longer be a concern. Mr. Kauffman pointed out that there is no one at the hearing today to object to his request and staff did not receive one phone call in objection to his business. John Barnett, of John Barnett and Associates, clarified the regulatory issues that relate to this application and stated that all of the technical issues have a technical resolution to them; he noted that the only issue is a regulatory quirk in the zoning resolution, which involves more than one use on a single parcel of land and it can be resolved by one of two ways: 1) Obtain PUD approval which results in no division of land, maintains single ownership on the site with reasonable conditions imposed by the County, dedication of additional right-of-way for Larimer County Road 9E, additional landscaping, and they believe they can meet all the requirements and criteria of the PUD resolution; 2) Proceed with the 35-acre exemption process whereby they would separate the existing structures from the overall gravel site. Mr. Barnett continued that with either option, the issue of hazardous materials still has to be dealt with under the State Health regulations. Mary Kauffman addressed the Board and stated that this truly is a family owned business and they have 13 employees, including three generations of Kauffmans; she noted that they conduct their business honestly and fairly by abiding with all rules and regulations and safety is of utmost concern and they take all precautions regarding being in the floodplain to insure safety. Ms. Kauffman continued that she understands the concerns presented by staff, but she also understands good common sense and they only want one new shop; she asked the Board to consider preserving the small business owner in Larimer County by approving this request, rather than concentrating on efforts to attract new businesses into the County.

Questions from the Board and discussion followed; Mr. Burns and Mr. Ryan both responded to those questions. Mr. Burns stated that a quality engineering study could place the fuel tanks high enough to be out of the floodplain. Mr. Ryan stated that the Health Department, while not opposed to the new shop, is concerned with multiple industrial uses in the floodplain and noted that the department's preference for industrial uses is to utilize public sewer. Ms. Michels reiterated that the issue being considered today is not whether or not the Kauffmans can build a new shop, it is whether or not they can have other uses on the property; she stated that the purpose of the request for a PUD is to allow those multiple uses. Ms. Michels continued that the Kauffmans have the ability to build their new shop in the zoning on the property right now and if the other users go away, they could proceed. Chair Disney stated that, in his opinion, there are two flaws with this request: 1) Inadequate information on the flood plain; and 2) Violation of our own regulations with regard to the PUD, would set a dangerous precedent; Commissioner Olson concurred.

M O T I O N

Commissioner Olson moved that the Board of County Commissioners adopt the staff findings and Planning Commission/Staff recommendation and deny the Kauffman Planned Unit Development, based on what is allowed in the Larimer County Zoning Resolution.

Motion carried 2 - 0.

BOARD OF EQUALIZATION

M O T I O N

Commissioner Olson moved that the Board of County Commissioners approve the recommendations and decisions made by the Board of Referees for the hearings held on July 31 and August 1, 1997.

Motion carried 2 - 0

The meeting adjourned at 4:00 p.m.

TUESDAY, AUGUST 5, 1997

ADMINISTRATIVE MATTERS

The Board of County Commissioners met at 9:00 a.m. in regular session with Frank Lancaster, County Manager. Chair Disney presided; Commissioners Clarke and Olson were present. Also present were: Undersheriff John Kammerzell; Deputy Tom Perkins, Deputy Walt Pestridge, Deputy Nancy Yarberry; and Sgt. Tim Palmer all of the Sheriff's Department; Dr. Keith Olson, Director Mental Health Center; Bob Keister, Budget Manager; Deni LaRue, Community Information Manager; and Donna Hart, Commissioner's Office Staff Services Manager. Recording Clerk, S. Graves.

1. OPEN SESSION FOR PUBLIC COMMENT: No one came today for the open session for public comment.

2. APPROVAL OF MINUTES FOR THE WEEK OF JULY 28, 1997:

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners approve the Minutes for the week of July 28, 1997, as submitted.

Motion carried 3 - 0.

3. APPROVAL OF SCHEDULE FOR THE WEEK OF AUGUST 11, 1997:

M O T I O N

Commissioner Olson moved that the Board of County Commissioners approve the Schedule for the week of August 11, 1997, as submitted and revised.

Motion carried 3 - 0.

4. APPROVAL OF CONSENT AGENDA:

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners approve the following documents as listed on the Consent Agenda for Document Review on August 5, 1997:

MISCELLANEOUS DOCUMENTS: Second Quarter Report for 1997 from Public Trustee; Letter to Sharon Triolo-Moloney, Colorado Department of Education, Denver, Colorado; Six Month Treasurer's Statement for 1997; Linn Minor Residential Development Plan; Amended Duffy Exemption Plat; Hill Minor Land Development; and Keep Minor Land Development Plat. LIQUOR LICENSES: County approval was granted for a Waive of Hearing for a Change of Ownership for the River Forks Stage Stop at 1601 U. S. Highway 34 in Drake, Colorado for a 6% Hotel and Restaurant License.

A97-126 AGREEMENT CONCERNING ROAD IMPROVEMENTS ON

COUNTY ROAD 2E BETWEEN THE BOARD OF COUNTY

COMMISSIONERS AND VIRGINIA A. AND HOWARD D.

BUEHLER (Project #170)

A97-127 LETTER OF AGREEMENT BETWEEN THE BOARD OF COUNTY

COMMISSIONERS AND THE BURLINGTON NORTHERN AND

SANTA FE RAILWAY COMPANY (Rehabilitation of Existing Grade

Crossing Surface at Larimer County Road 14)

A97-128 DEVELOPMENT AGREEMENT RELATING TO DEVELOPER'S

OBLIGATIONS IN INDIAN CREEK MEADOWS RURAL LAND

PLAN BETWEEN THE BOARD OF COUNTY COMMISSIONERS

AND NATURAL DEVELOPMENT LLC.

D97-29 DEED OF DEDICATION BY HOWARD D. AND VIRGINIA A.

BUEHLER (Project #170)

R97-107s FINDINGS AND RESOLUTION APPROVING THE VACATION OF

UTILITY EASEMENT IN CLYDE SMITH MINOR RESIDENTIAL

DEVELOPMENT

R97-108s FINDINGS AND RESOLUTION APPROVING THE CRYSTAL LAKES

6TH FILING LOTS 73 & 74 AMENDED PLAT AND VACATION OF

UTILITY EASEMENT

R97-109s FINDINGS AND RESOLUTION APPROVING THE PLAT OF

MCCORMICK MINOR RESIDENTIAL DEVELOPMENT

Motion carried 3 - 0.

5. NATIONAL NIGHT OUT PROCLAMATION:

The Board was requested to proclaim August 5, 1997 as National Night Out in Larimer County (a nationwide crime and drug prevention program); Deputy Perkins informed the Board that this is the 14th annual National Night Out and the 5th year that Larimer County has been a participant in the program.

M O T I O N

Commissioner Olson moved that the Board of County Commissioners proclaim Tuesday, August 5, 1997 as National Night Out in Larimer County, and authorize the Chair to sign the Proclamation.

Motion carried 3 - 0.

6. REQUEST FOR BUSINESS OPERATIONS POSITION IN THE MENTAL HEALTH DEPARTMENT:

Dr. Olson requested Board approval to increase staffing for the Business Operations Team to meet the accounting and budgeting demands brought about by growth of the Mental Health Center. Dr. Olson informed the Board that Candace Leingang is currently an employee in the Weatherization program who has the necessary skills for the position being requested and, if the position is approved, she can continue employment and not be terminated when the weatherization program is discontinued. Dr. Olson continued that the position being requested will be funded through existing Mental Health funding and increased state general funding; he noted that a waiver of policy to permit the position to be filled by Ms. Leingang without requiring the position to be posted also needs to be approved by the Board.

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners approve the establishment of a new full time Senior Accounting Technician position for the Mental Health Center, that the Larimer County Personnel Policy Manual provision pertaining to hiring and salary increases be waived to permit hiring a laid off employee from the Weatherization program, effective August 1, 1997, and waive the salary increase policy to permit Ms. Leingang to be transferred at her current rate of pay.

Motion carried 3 - 0.

7. REQUEST FOR EMERGENCY OVERTIME BUDGET INCREASE IN THE CORONER'S OFFICE:

Mr. Keister stated that a request has been received from the Coroner's Office for an emergency budget increase for personnel overtime pay and P.O.S.T. Academy funding/FLSA compliance; he noted that this request is necessitated because of the small staff in their office and their working 24-hour on call days. Mr. Keister stated that his recommendation is to allow the Coroner's Office to review their budget for '97 and work out the funding details.

M O T I O N

Commissioner Olson moved that the Board of County Commissioners support the Coroner's Office request to increase their 1997 budget to accommodate emergency needs, as identified in the request, with the actual amount of the revision to be recalculated and included in the 1997 budget revisions as part of the budget development process.

Motion carried 3 - 0.

8. WORKSESSION:

-- Mileage reimbursement for Merit Employees: Mr. Lancaster received a proposal from the Community Services Department regarding reimbursement for mileage pertaining to County business; he noted that currently $.28/mile is paid to County employees for mileage pertaining to County business and Merit System employees are only being reimbursed at $.25/mile. The request before the Board today is to approve paying $.28/mile for Merit System staff to achieve conformity and to facilitate the transition when Merit System is abolished; the disadvantage is that the State only allow $.20/mile for reimbursement and so the budget will have to be increased by approximately $10,000; he noted that money is available in the Community Services budget to handle this additional expenditure.

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners approve the request to pay $.28/mile to the Merit System employees rather than $.25/mile currently being paid.

Motion carried 3 - 0.

-- Additional Lieutenant in Sheriff's Office: Mr. Lancaster informed the Board that the Human Resources Department will be adding another Lieutenant to the Sheriff's departments staff, at the request of the Sheriff; he noted that this will be an unfunded position that will be covered from other budget savings in the department on an ongoing basis. Mr. Lancaster stated that this will be the seventh unfunded position in the Sheriff's department and the Sheriff is allowed under state law to appoint deputies and officers as he sees fit; however, funding is at the discretion of the Board of County Commissioners. Therefore, the Sheriff may add additional staff without Board approval, as long as there is no additional funding requested.

-- Request for Furnishing Needs for this year and next for District Court: Mr. Lancaster noted that Scott Courtney, Eighth Judicial District Court Administrator, received a memo from the State Court Administrator requesting a listing of the furnishings needs for this year and next year so they can include it in the budget; he submitted a draft of a brief memo describing the Board's plans for this year and tentative plans for next year and requested the Chair to sign same.

-- Request for new Accounting Tech Position: Mr. Lancaster reported he met with FEMA last week discussing how to handle all the paperwork for reimbursement resulting from the last two big floods; he noted that Finance Director Carol Block is needing a new accounting tech position, which we would hire on a temporary, part-time basis for this purpose. Mr. Lancaster stated that the County did this after the '76 flood and FEMA said it really helped to have one contact person. CONSENSUS OF THE BOARD was to approve the request.

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

9. COMMISSIONERS' REPORTS:

-- Chair Disney reported that at the North Front Range Council meeting they will consider a request for a more equitable split on funding; he noted that the regional projects are divided between Fort Collins and Loveland and Greeley for the local match and the new formula will be based on the number of households and would include Larimer and Weld Counties; he will have more information on this matter later.

-- Chair Disney reported he attended the first transportation Legislative Review Committee last week and was informed that the current loss in revenue fees from motor vehicle registration Statewide is in the neighborhood of $10 million; he noted he has been discussing this with the Larimer County Clerk and Recorder and Chief Deputy about what can be done.

-- Commissioner Clarke reported that he and Mr. Lancaster attended the Northern Colorado Elected Officials Quarterly Meeting in Greeley last week.

The meeting adjourned at 10:20 a.m.

______________________________________

JIM DISNEY, CHAIR

BOARD OF COUNTY COMMISSIONERS

( S E A L )

ATTEST:

MYRNA J. RODENBERGER

LARIMER COUNTY CLERK & RECORDER

_______________________________________

Sherry E. Graves, Deputy County Clerk