Loveland Bike Trail
 

PROCEEDINGS OF THE BOARD OF COUNTY COMMISSIONERS

Monday, April 26, 1999

EXECUTIVE SESSION WITH BOARD OF HEALTH

The Board of County Commissioners met at 8:40 p.m. for an Executive Session with the Board of Health. Chair Olson presided and Commissioners Disney and Rennels were present; also present were members of the Board of Health.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners go into Executive Session at 8:41 p.m. to discuss a personnel issue.

Motion carried 3-0.

The Executive Session ended at 9:30 p.m.; no action taken.

LAND-USE PLANNING MEETING

(#472)

The Board of County Commissioners reconvened at 3:00 p.m. in regular session with Larry Timm, Director of Planning. Chair Olson presided and Commissioners Disney and Rennels were present. Also present were: Carol Evans and Matt Lafferty, Planners II; Sean Wheeler, Planner I; Russell Legg, Chief Planner; Sylvester Mabry, Project Engineer; Doug Ryan, Environmental Health Planner; and Jeannine Haag, Assistant County Attorney. Recording Clerk, Sherry Graves.

Chair Olson 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. LAMPERT MINOR RESIDENTIAL DEVELOPMENT CHANGE OF

CONDITION (#98-S1336): NE 11-05-70 - NORTH SIDE OF U. S. HIGHWAY

34, 1/4 MILE WEST OF THE INTERSECTION OF HIGHWAY 34 AND

COUNTY ROAD 27; 5.07 ACRES; FA-1 FARMING AND T-TOURIST

ZONES

This is a request for the condition requiring dedication of 25' of right-of-way for U. S. Highway 34 be modified to a lesser amount. Staff findings include: 1) A Minor Residential Development to divide the property to create separate lots for an existing restaurant and detached accessory dwelling was conditionally approved by the Board of Commissioners on December 14, 1998. A condition of approval required dedication of 25' of additional right-of-way for U. S. Highway 34 along the frontage of the property as requested by the Colorado Department of Transportation; 2) Dedication of the requested right-of-way would bring the edge of the right-of-way to within approximately 5' of the restaurant building and across the southern portion of the existing parking area. The applicants have requested reconsideration of the requirement and counter-offered dedication of approximately 2 to 3 feet of additional right-of-way; 3) The Colorado Department of Transportation has reviewed the circumstances of this case and is satisfied if the 25' area is protected from construction of permanent improvements. This can be accomplished by reservation of the 25' of additional right-of-way on the Final Plat of the Lampert MRD; 4) Approval of the proposed change of condition for the Lampert Minor Residential Development shall not result in any significant changes or negative impacts on area services, transportation, the natural environment or neighboring properties nor should it impair the public health, safety or welfare.

The staff recommendation is for approval of the change of condition for the Lampert Minor Residential Development, with the following change to the condition regarding easements and rights-of-way (change shown in bold type). All easements and rights-of-way of record and as requested by utility providers shall be dedicated on the Final Plat. Additional utility easements shall be provided for utility service lines, including gas, electric and water, which cross these lots. Additional right-of-way of 25' for U. S. Highway 34, as requested by the Colorado Department of Transportation, shall be reserved on the Final Plat, along with the following note regarding the reserved area: "Reserved for possible future right-of-way. This reservation prohibits the construction of permanent improvements within the reserved area, but does not prohibit any other use of said area including, without limitation, parking or landscaping. If right-of-way is required in the reserved area, this reservation shall not affect the right of the property owners to recover for nor shall it diminish the value of the property so acquired; nor shall it affect the right of the property owners to recover for any damage to the residue of the property."

2. LIBBY DRIVE NAME CHANGE (#98-S1336): NW 1/4 OF 06-06-69 -

NORTHWEST OF THE INTERSECTION OF SKYLINE AND SHORELINE

DRIVES WITHIN THE SPRING CANYON HEIGHTS SUBDIVISION;

This is a request to name an unnamed road easement within an area adjacent to the Spring Canyon Heights Subdivision, and to dedicate to the County the existing roadway easement. Staff findings are: 1) Unique street names are important and needed to accommodate addressing of each dwelling. Having a specific street name within this subdivision that is easily pronounced will reduce confusion in locating specific addresses; 2) No objections to the proposed application or names proposed were received; 3) The County Health and Engineering Department, and all utility and emergency service providers in this area, reviewed the proposed street name changes and stated no objections.

The staff recommendation is for approval of the request to affix the street name Libby Drive to the unnamed roadway easement subject to the following condition: 1) The applicant shall be responsible for installing a street name sign at the intersection of Skyline Drive and the proposed Libby Drive; said street sign shall include both roadway names.

3. VANDER MOLEN SUBDIVISION PRELIMINARY PLAT (#98-S1344):

NE 1/4 - 36-04-70 - ON THE SOUTH SIDE OF CR 4, 1 MILE WEST OF

CR 23E; 56.18 ACRES; 4 LOTS; FA-1 FARMING ZONING

This is a request to divide 56 acres into 4 lots for single family residential use; the lots range in size from 2.5 to 44.5 acres in size. Staff findings are: 1) The proposed Vander Molen Subdivision is consistent with the Larimer County Comprehensive Plan; 2) The proposal is harmonious with the surrounding neighborhood as required by the Master Plan; 3) The proposal is supported by various review agencies.

The staff recommendation is for approval of the Vander Molen Subdivision with the following conditions: 1) The Final Plat shall be completed in strict conformance with the conditionally approved Preliminary Plat, including all notes, building envelopes, dedicated right-of-way for County Road 4, etc. Any easements shown on the Preliminary Plat and requested by the utility companies shall be provided on the Final Plat, along with an easement for the Culver Ditch Company to be compatible with any existing ditch easements; 2) The following notes shall be included on the Final Plat: a) The shared drive in the Vander Molen Subdivision shall not be maintained by Larimer County; b) Passive radon mitigation measures shall be included in construction of residential structures on these lots. The results of a radon detection test conducted in new dwellings once the structure is enclosed, but prior to issuance of a Certificate of Occupancy, shall be submitted to the Planning Department. As an alternative, a builder may present a prepaid receipt from a radon tester, which specifies that a test will be done within 30 days. A permanent Certificate of Occupancy can be issued when the prepaid receipt is submitted; c) Engineered footing and foundation plans shall be required for all construction on these lots; d) Underground utilities shall be required; e) Rural issues: 1) Lot owners should be advised that there is a potential for nuisance conflicts from wildlife (such as skunks, raccoons and snakes). Lot owners should be prepared to address wildlife conflicts if they arise; 2) During certain times of the year, mosquitoes may present a significant nuisance. Larimer County does not have a mosquito abatement program. Any mosquito abatement activity will be the responsibility of the homeowner; such activity must be according to applicable Federal, State and local rules and regulations; 3) The applicant shall satisfy all requirements of referral agencies and those of the Larimer County Planning Department, unless waived by the Larimer County Board of Commissioners; 4) The applicant shall pay the required fees for Capital Expansion and Fees In Lieu of Land Dedication, as adopted by Larimer County Resolution on November 9, 1998, and outlined in item III under (Major Concerns) and H (Fees) in today's staff report.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners adopt the staff findings and staff recommendations and approve the Lampert Minor Residential Development Change of Condition (#98-EX1290); Libby Drive Name Change (#98-S1336); and the Vander Molen Subdivision Preliminary Plat (#98-S1344); each, with the conditions as outlined.

Motion carried 3-0.

  1. PROPOSAL TO INCREASE DEVELOPMENT REVIEW FEES FOR THE CURRENT CODE PROCESS:

Mr. Legg stated that the purpose of today's meeting with the Board is to provide an opportunity for them to review, discuss and adopt new fees for development review applications; he noted that the proposed 1999 fee schedule reflects 50% cost recovery for the total cost of development review, which includes direct and indirect expenses of the Planning, Engineering and Health Departments and other associated development review centers in the County. Mr. Legg reviewed the proposed development review fees, highlighting those fees being changed, either higher or lower: 1) For Subdivision Preliminary Plat or Planned Unit Development Preliminary Phase Plan in a Growth Management Area, up to 6 parcels or dwelling units (whichever is greater), the fee was lowered from $2,200 to $2,000; 2) Outside the Growth Management Area, up to 6 parcels or dwelling units (whichever is greater) the fee was lowered from $1,800 to $1,600; 3) For a Zoning Variance request, the fee was raised from $325 to $420; 4) For a Zoning Special Exception, the fee was raised from $400 to $800; 5) A new fee for Location & Extent Review, as required by State Statute, will be included in the new fee schedule: A) Limited impact (i.e., utility lines, rural fire station) - $400; B) Moderate impact (i.e. business office/schools/plant expansion) - $800; and C) Significant impact (i.e. major public facilities) - $2,000. Mr. Legg reviewed the fee changes under Zoning Compliance Review and specifically noted that John Pedas, Code Enforcement Officer, who reviews the fireworks stands and indicated that an on-site visit takes almost as much time as it does for a commercial building and he requested that the fireworks stand permit be changed from $30 to $180.

Questions from the Board and discussion followed; for the record, Commissioner Disney stated that the Commissioners have the ability to waive any of these fees at any time when there is a public benefit and he also noted that these proposed fees are not a part of the new Partnership Land-Use System (PLUS). Mr. Legg stated that in order to meet budget, he might need to return in six months and ask for additional fees; the Board extended Mr. Legg an invitation to return to the Board when needed.

Mr. Legg stated that he would have to come back to the Board when the County adopts a new land use code because it will have new processes and different terminology's with a development review fee application system that fits.

Staff findings include: 1) After study and discussion, the 1994 policy of recovering 75% of the Planning Department's expenses shall be adjusted to recover 50% of indirect and direct costs of all County Departments involved in development review process; 2) Currently, the cost of County review is subsidized by the General Fund. The revised policy will reflect some fair proportion of the actual cost of development review to be borne by the applicant beneficiary of the process; 3) The Board directed the budget office and other County Departments to study the actual costs associated with development review; 4) The study recommended that an overall 50% private and 50% public policy be established to guide the fee system.

The staff recommendation is: 1) That the policy of Larimer County is to recover 50% of the total cost, including direct and indirect expense of the development review process by the County Departments; 2) That the 50% recovery target is a goal applied to the general fee systems. Variation to this general process will exist as the public cost benefit is assessed on various types of applications; 3) That the policy of Larimer County is to review the costs, benefits and recovery targets annually; 4) That without additional direction from the Board, the Planning Department shall automatically adjust the fees up or down annually to reflect changes in the Bureau of Labor statistics cost index for the West; 5) That the proposed fee table on Attachment 1 of the staff report is hereby adopted and will be effective June 1, 1999.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners adopt the staff findings and staff recommendation and approve the proposed new fees for applications for Development Review for the current code process, effective June 1, 1999, with the changes as recommended.

Motion carried 3 - 0.

The meeting adjourned at 3:35 p.m.

TUESDAY, APRIL 27, 1999

ADMINISTRATIVE MATTERS

(#473 & #472 @ 1000)

The Board of County Commissioners met at 9:00 a.m. in regular session with Neil Gluckman, Assistant County Manager. Chair Olson presided and Commissioners Disney and Rennels were present. Also present were: Kim Stalnacker, Executive Director Suicide Resource Center for Larimer County; Joni Friedman, Director Employment & Training Services (ETS); Dena Jardine, ETS Works Program Manager; Keith Banner, Human Services; Steve Miller, County Assessor; Ron Kerr, Deputy Assessor; Bobbie Dorris, Assessor's Administrative Assistant; Donna Hart, Commissioners' Administrative Manager; Deni LaRue, Community Information Manager. Recording Clerk, Sherry Graves.

Chair Olson welcomed two high-level government officials from Africa and their interpreter, Don Clark. The International visitors were: Mr. Mohamed Ghabdouane, Congressman from Niamey, Niger, and Mr. Sylvain Kabongo Mukendi, Auditor & Assistant Professor from the Democratic Republic of Congo.

1. OPEN SESSION FOR PUBLIC COMMENT: The following persons addressed the Board during the open session for public comment: LaVonne Ewing and Tom Jackson. Ms. Ewing requested an explanation from the Board for the regional transportation fee being included with the building permit fee. Commissioner explained that the purpose of impact fees is to try and make growth pay for the impact it causes and they are not charged, the cost is shifted to some other revenue source and the County doesn't have any revenue to pay for road improvements. Commissioner Disney continued that because Larimer County hasn't charged these fees in the past, Larimer County is $100 million behind on our road system and the State is $13 billion behind. Ms. Ewing stated that the County is penalizing the new people who are building and improving the roads for everyone else that travels them and it is not fair; she noted that people will avoid getting building permits in the future to avoid paying this additional fee. Ms. Ewing asked if it would be possible to pay this fee over time in installments; the Board will talk to the County Attorney about this possibility.

Mr. Jackson apologized to the Board for the letter he wrote regarding the scheduling for the review of the new land use code; he noted he was wrong and it won't happen again and in the future, he will try and maintain a better level of communication with the Commissioners.

At this time, Commissioner Rennels left the meeting.

  1. APPROVAL OF MINUTES FOR WEEK OF APRIL 19, 1999:
  2. M O T I O N

    Commissioner Disney moved that the Board of County Commissioners approve the Minutes for the week of April 19, 1999, as submitted.

    Motion carried 2 - 0.

  3. APPROVAL OF SCHEDULE FOR WEEK OF MAY 3, 1999:

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the Schedule for the week of May 3, 1999, as submitted.

Motion carried 2 - 0.

  • Invitations: Ms. Hart reviewed the pending invitations with the Board.

4. APPROVAL OF CONSENT AGENDA:

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the following documents as listed on the Consent Agenda for Document Review on April 27, 1999:

MISCELLANEOUS DOCUMENTS: Amended Plat for Soldier Canyon Estates, Lots 5 & 6, 1st Filing; Amended Plat of Lot 2 of the Maloof Minor Land Division; Application for Site Approval for Construction of Deomestic Wastewater Treament Works and Inceptors; and Core Services & Alive/E Program Plan FY 1999-2000.

LIQUOR LICENSES: County approval for renewal of liquor licenses was granted to Hauf Brau, Inc., dba Lincoln St. Grille - 6% - Fort Collins, CO.; Dorothy's Catering - 6% - Loveland, CO.; and a 6% Special Events Permit for May 22, 1999 for Citizens for the Preservation of Property Rights. A License was issued to the Rustic Resort - 6% - Bellvue, CO.

A99-72 PERSONAL SERVICES AGREEMENT BETWEEN THE BOARD

OF COUNTY COMMISSIONERS FOR THE LARIMER COUNTY

MENTAL HEALTH CENTER AND JULIE STUART, THERAPIST

(Professional Licensed Therapist Services to Serve Thompson School

District)

A99-73 RESEARCH AGREEMENT BETWEEN THE LARIMER COUNTY

DEPARTMENT OF HUMAN SERVICES/DID DIVISION AND THE

COLORADO STATE BOARD OF AGRICULTURE, THROUGH

COLORADO STATE UNIVERSITY (Provision for Evaluation of the

County Welfare Reform (Larimer County Works) Program

C99-14 CONTRACT BETWEEN THE BOARD OF COUNTY

COMMISSIONERS AND THE STATE OF COLORADO FOR THE

USE AND BENEFIT OF THE DEPARTMENT OF PUBLIC

SAFETY, DIVISION OF CRIMINAL JUSTICE (Provision for

Adult Services)

C99-15 CHANGE ORDER LETTER FOR CONTRACT #99000000116

BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND

THE DEPARTMENT OF PUBLIC SAFETY, DIVISION OF

CRIMINAL JUSTICE (Change in Allocations in Current Contract

For Daily Rate for Residential Diversion Placements)

Motion carried 2 - 0.

5. PROCLAMATION FOR SUICIDE AWARENESS WEEK: Ms. Stalnacker requested Board proclamation designating the week of May 2 through May 8, 1999 as Suicide Awareness Week; she noted that each year more than 30,000 Americans die from suicide and there have been over 300 suicides in Larimer County in the last 10 years and 34 suicides in 1998. Ms. Stalnacker stated that the Suicide Resource Center is a non-profit organization dedicated to suicide prevention and providing support for families affected by suicide. Chair Olson read the Proclamation aloud.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners proclaim the week of May 2 through 8, 1999 as Suicide Awareness Week, and authorize the Chair to sign the Proclamation.

Motion carried 2 - 0.

6. POLICY REVISION FOR TANF: Ms. Friedman discussed the Temporary Assistance to Needy Families (TANF) program, in particular the 24-month clock requirement. Ms. Jardine explained that when someone receives welfare assistance in the United States, that assistance is capped at a lifetime limit of 5 years and within the first 24 months of the 5 years, the recipient must be in work activity or they are no longer eligible to receive any form of cash assistance. Ms. Jardine stated they are quickly approaching the 24-month clock for some of the individuals who are on cash assistance; therefore, a committee of front line staff, - 1/2 from Human Services and 1/2 from Employment & Training Services - was formed to address this issue. This work group is recommending that if a recipient is participating in any of the County defined activities, identified under Section 1.3, for a minimum of 1 hour per month, the cash assistance will not stop for months 25-60. Ms. Jardine requested the Board to approve the TANF 24-month clock County approved activities policy, as recommended by the committee, to allow the 1 hour accountable component for continuing the cash assistance and to provide support to the employment coach for enforcing the Individual Responsibility Contract.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the TANF 24-Month Clock Approved Activities Policy, as requested and described.

Motion carried 2 - 0.

-- Update on Car Donation Program: Ms. Jardine provided an update on the car donation program; she submitted a number of thank you letters from individuals who have received cars and to date they have donated 22 cars since last September.

 

DISCUSSION OF ABATEMENTS WITH THE ASSESSORS' OFFICE: Mr. Miller submitted copies outlining the abatement/refund process and briefly reviewed same; he noted that the abatement process is required to change tax amounts after the tax warrant is delivered to the treasurer. Mr. Miller continued that an abatement petition is filed with the Assessor's Office to process either an abatement of taxes due or a refund of taxes paid; he noted that the abatement process was originally designed to correct errors, misclassifications, etc. and prior to 1990, taxpayers could actually go back six years and request abatements. However, in 1990, a Bill was passed that added over valuations to the grounds for abatement, but a petitioner can only go back 2 years instead of six. Mr. Miller explained that the abatement process is a second protest period and he explained the difference between the abatement process and the regular protest process. Mr. Miller briefly reviewed the ranking of Counties by average annual percentage of total property taxes abated since TABOR (1993-1997) and Larimer County's is ranked at 16 out of 34.

  1. WORKSESSION:
  2. -- Mr. Gluckman asked the Board if they had agenda items to include for discussion at the upcoming joint meeting with the Fort Collins City Council next week; Commissioner Disney suggested that since there are new Council members, it might be a good idea to give everyone an opportunity to state individually what issues are important to them.

    -- Mr. Gluckman informed the Board of the Colorado Editor Video Conference scheduled for May 17, 1999; he noted that the newspaper associations are concerned about legislation proposed the last few years regarding the publication of salaries of County employees, warrants, and Treasurer's report. Mr. Gluckman stated that strategy for next year will be discussed at this Conference.

  3. COMMISSIONER REPORTS:

Commissioner Disney reported that he attended the Loveland Chamber of Commerce Transportation Committee Meeting this morning and Carol Buffetti, Director of the Chamber, who is on the Fairgrounds and Events Center Task Force, stated that one of the things she is really pushing for is minor league baseball being included in the facility. Ms. Buffetti stated that the team that wants to move here would like to have a meeting with the Task Force and the Commissioners; the Board indicated they would like to attend.

LEGAL MATTERS: At this time, County Attorney George Hass, Assistant County Attorney Jeannine Haag, Finance Director Carol Block, Captain Gary Darling and Kris Keller, Manager Inmate Services Section, and Rural Land Use Center Director Jim Reidhead joined the meeting for Legal Matters.

A. Mr. Hass requested Board approval of a Conveyance of Easement to access the Devils Backbone property; he noted this access was approved previously, but another name has been added to the document.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the Conveyance of Easement to Larimer County from Kyle Thomas Fauver (Owner) and Rock Investments, LLC (Holder of Contract for Purchase)

Motion carried 2 - 0.

A99-74 CONVEYANCE OF EASEMENT TO LARIMER COUNTY BY

KYLE THOMAS FAUVER AND ROCK INVESTMENTS, LLC.

(Access to Devil's Backbone property)

B. Mr. Hass stated that there is discussion of having a referendum for a tax and bond issue for improvements at the Fairgrounds and for an initiative for extending the open space tax; he noted that both of these efforts should have the involvement of bond counsel as the ballot language is being drafted. Mr. Hass requested Board approval to hire Mike Johnson as bond counsel.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners authorize Mr. Hass to hire Mike Johnson as bond counsel to work on the initiative for the open space tax and on the referendum for the Fairgrounds and Events Center.

Motion carried 2 - 0.

C. Mr. Gluckman asked Mr. Hass and Ms. Haag about the possibility of allowing installments for payment of the Regional Transportation Fee, which is included with the building permit; Ms Haag stated that they will look into this possibility.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners go into Executive Session at 10:45 a.m. to discuss negotiation items.

Motion carried 2 - 0.

The Executive Session ended at 11:35 a.m.; no action taken.

 

 

 

 

 

 

THURSDAY, APRIL 29, 1999

QUARTERLY MEETING AS THE BOARD OF SOCIAL SERVICES

The Board of County Commissioners met at 1:35 p.m. for a meeting with Department of Human Services Personnel. Chair Olson presided and Commissioners Disney and Rennels were present. Also present were: Ginny Riley, Director of Human Services; Glen Rathgeber, Deputy Director Human Services; Bill Baird, Administrator Child and Family Services; and Ashley Mead, Program Operations Specialist.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners convene as the Board of Social Services at 1:38 p.m.

Motion carried 3 - 0.

The Board of Social Services adjourned at 2:37 p.m.

______________________________________

CHERYL OLSON, CHAIR

BOARD OF COUNTY COMMISSIONERS

MYRNA J. RODENBERGER

LARIMER COUNTY CLERK & RECORDER

( S E A L )

ATTEST:

 

________________________________

Sherry E. Graves, Deputy County Clerk

 

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