County Offices, Courts and the Landfill will be closed on Monday, September 7 in observance of the Labor Day Holiday. Critical services at Larimer County will not be disrupted by this closure.
PROCEEDINGS OF THE BOARD OF COUNTY COMMISSIONERS
Monday, August 16, 1999
CONTINUATION OF DISCUSSION
ON PROPOSED FAIRGROUNDS AND EVENTS CENTER
The Board of County Commissioners met at 10:15 a.m. for further discussion regarding funding for the proposed Fairgrounds and Events Center. Chair Olson presided and Commissioners Disney and Rennels were present. Also present were: Frank Lancaster, County Manager; Bob Keister, Budget Manager; Carol Block, Director of Finance; Greg Pickett, Director of Parks and Open Lands; Bob Holt, Fairgrounds Manager; Dave Spencer, Director of Facilitates; Babette Cornell, Facility Planner; Marc Engemoen, Director of Public Works; Steve Bell, Managing Director for Dain Rauscher, Inc.; Laurel Kubin, Director of Extension; John Cheney, President Fair Board; Deni LaRue, Community Information Manager; Judy Barth, Mike DiTullio, Loren Maxey, and J. D. Wiant, members of the Task Force and Fair Board. Recording Clerk, Sherry Graves.
Chair Olson stated that the purpose of today's meeting is to continue discussion of the request from the Fairgrounds and Event Center Task Force to place an initiative for .15 of a cent county sales and use tax for 20 years on the ballot this November to fund the proposed new fairgrounds/events center site east of Loveland, and for the Board to make a decision regarding same.
Ms. Block submitted a revised Cashflow Model A showing the gross pledge of revenues; she stated that since last weeks' meeting they changed the sales tax growth rate from 7% to 5.6% and reviewed the tax growth since 1980 and learned that 85% of that time, they met or exceeded the 5.6% rate. Ms. Block stated that they added and phased in the Operation & Maintenance (O & M) that Mr. Keister had on his spread sheet, included an inflation factor, and also added capital perpetuation and included reserves; she noted that the revised cashflow model allows very little for road improvements.
Mr. Keister stated that his overall assessment of the cashflow model submitted today is that it is most conservative as it builds in recommended amounts for operations and maintenance of the facilities, sets aside reserves for debt service and O & M, as well as monies for future repair of the facility when the sales tax ends; he noted that it also minimizes risk, with the exception of dealing with the transportation costs.
Questions from the audience and discussion followed regarding this very conservative cashflow model; Ms. Cornell stated that one million dollars needs to be added for development costs to the overall construction budget, which increases it to $42.3 million. Mr. Spencer stated that he discussed development costs with the City of Loveland staff and noted that there was some level of a desire to participate in a waiver of a portion of the costs, as they recognize the positive economic impacts to the area. Mr. Engemoen stated that it is a mistake to assume this is the only site for the fairgrounds and event center and that the transportation problems on this site are an absolute given. Ms. Barth stated that the Task Force has discussed at length the transportation issue and agreed that if the transportation issue cannot be solved on this site, it would not make sense for this project to have to pay for a $15 or $20 million interchange and the ballot language should be written accordingly; she also noted that the Task Force was charged by the County Commissioners to locate a site from the very beginning, if at all possible, on the south end of the County and within Loveland and this site was chosen very deliberately.
Mr. Spencer stated that it would be irresponsible to do a project assuming that the entire cost of the interchange would be borne by the County; Mr. Engemoen stated that $5.6 million is a good assumption for our part of the cost of the interchange and improvements to the roads. Much discussion ensued regarding transportation costs and how long it would take to do a detailed traffic study. Mr. Wiant stated that advertising and concessions have not been considered and will play a big part in O & M; he noted that a lot of private sponsorship will be lost if the site is changed due to the loss of visibility. Ms. Block noted that the model assumes we will have $5 million in private funding to build the first phase; she noted that there is an issue with having too much private contribution in a project. Mr. Bell concurred that you can't have private money that pays for more than 10% of the project or 10% of the debt service in a given year; he stated that if we received $5 million, it could be split among roads and facilities or operations and the project. Mr. Engemoen stated that the event center is going to be a totally different type of business than the County has been in previously and is going to require an investment of some sort of a subsidy and we need to think very seriously whether this is what the people want and if can we afford it. Mr. Pickett stated that his direction to the economic consultant was to take the most conservative projection with regard to revenue and the most liberal approach in terms of expenses; he noted that this project represents a wonderful "Quality of Life" benefit for all the citizens and future generations of Larimer County.
Mr. Keister reiterated that he is comfortable with everything but the O & M in 20 years. Mr. Lancaster stated that, with regard to the capacity and demand on the roads, this project is not an office building and he is not sure the traffic impacts are going to be that great as the traffic will be off-peak. Mike DiTullio stated that the Task Force did what the Commissioners asked them to do and presented them with a package which provided a way to build this facility; he continued that the Board has done their job by doing everything they can to make this bullet proof and the numbers speak for themselves and he hopes they will allow the citizens to voice their opinion and put it on the November ballot. Commissioner Disney acknowledged that the Task Force did what the Commissioners asked for in spades and a great debt of gratitude is due them from everyone in Larimer County; he said, however, that there are still too many questions with regard to the transportation impacts and how Loveland is going to participate and in order to put a complete package on the table for the people to look at, he thinks the cumulative picture needs to be looked at further and, at this time, he cannot support putting it on the ballot for this November.
Commissioner Rennels noted that this project is in the master plan phase rather than the detailed phase and she is extremely comfortable with the numbers in the cash flow model, but she is concerned about the private money; she stated that if they move forward today, it has to be clearly written in the ballot language that if the concern regarding transportation funding is not resolved, the project will not be built. Commissioner Rennels stated that she supports placing this on the ballot to let the voters decide, as long as 4-H is included in the first phase.
Chair Olson also thanked the Task Force; she noted that there are still unresolved issues about this facility, but staff has alleviated her concern about putting the General Fund at risk. Chair Olson stated that she concurs with Commissioner's Disney's concerns about transportation costs, but she is comfortable with including wording in the ballot language that the facility won't be built until that issue has been resolved and she is comfortable with letting the voters decide if this is a business in which they want the County to be involved.
M O T I O N
Commissioner Disney moved that the Board of County Commissioners direct Mr. Lancaster to inform the County Attorney to draft ballot language, which the Board will then review and decide whether or not to place an initiative for a .15 of a cent county sales and use tax on the November ballot to build the facilities for the Fairgrounds and Events Center.
Motion carried 3 - 0.
The meeting recessed at 12 o'clock noon.
LAND-USE PLANNING HEARING
The Board of County Commissioners reconvened at 3:00 p.m. in regular session with Rob Helmick, Senior Planner. Chair Olson presided and Commissioners Disney and Rennels were present. Also present were: Fred Starr, Planner II 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.
(#99-S1455): SE 1/4 OF SECTION 34-T04N-R72W; 1.008 ACRES;
2 LOTS; O-OPEN ZONING
This is a request for an amended plat to adjust a common boundary line between Lots 15 & 16. Staff findings include: 1) The proposed amended plat is in compliance with the Larimer County Master Plan, the Larimer County Zoning Resolution and the Larimer County Subdivision Resolution; 1) The amended plat is compatible with other developments in the surrounding area; 3) Approval of the amended plat will not result in any significant impacts to neighboring properties, the natural environment or the provision of services and infrastructure, except as noted with regard to the proposed vacation of the trail easement; 4) Property values in the surrounding area would not be adversely affected by the amended plat. The staff recommendation is for approval of the amended plat of lots 15 & 16, Tract 1 in Big Elk Meadows, subject to the following condition: 1) The applicant shall satisfy the comments from the Larimer County Surveyor, as noted in the letter dated July 6, 1999, prior to final signature by the County Surveyor and recording the amended plat.
COTTON WILLOW ESTATES, 6TH FILING (#99-S1460): SE 1/4 IN
SECTION 30-T08N-R69W ON COUNTY ROAD 54G; 15.8310 ACRES;
3 LOTS; FA-FARMING ZONING FOR LOTS 2 & 3 AND R-2
RESIDENTIAL AND C-COMMERCIAL ZONING FOR LOT 4
This is a request for an amended plat to approve a boundary line adjustment, extending the rear lot line of Lots 2 and 3 into a portion of Lot 4. Staff findings are: 1) The proposed amended plat is in compliance with the LaPorte Area Master Plan and the Larimer County Subdivision Resolution; 2) The plat if approved would create split zoning on Lots 2 & 3; 3) Approval of the amended plat will not result in any significant impacts to neighboring properties, the natural environment or the provision of services and infrastructure, except as noted with regard to the proposed vacation of the trail easement; 4) Property values in the surrounding area would not be adversely affected by the amended exemption. The staff recommendation is for approval of the amended plat of Lots 2, 3 & 4 of Cotton Willow Estates 6th Filing, with the following condition: 1) The owners of Lots 2 & 3 agree to submit a request to rezone their lots from FA and R2 to FA. The Planning Department recommends that this rezoning be allowed without collection of the normal rezoning fees. The rezoning to be completed prior to the issuance of any building permits or other applications to the Planning Department.
ESTATES, 2ND FILING (#99-S1461): NE 1/4, SECTION 01-T05N-R70W;
This is a request to vacate that portion of the utility easement located along the westerly 10 feet of Lot 2. Staff findings include: 1) The proposed easement vacation is in compliance with applicable County rules and regulations; 2) Approval of the easement vacation will not result in any significant impacts to neighboring properties, the natural environment or the provision of services and infrastructure; 3) The staff has visited the site and does not believe that in this particular case, the easement functions as a well defined drainage way. However, staff also supports the position of the Engineering Department in requiring that drainage easements be provided and maintained unless it can be shown to the satisfaction of the Engineering Department that such as easement is not required.
The staff recommendation is for approval of the vacation of utility easement in Green Valley Estates 2nd Filing, with the following conditions: 1) The applicant provide a letter, as requested by the Larimer County Engineer, stating that an alternate easement has been provided or that a drainage easement is not required. This letter must be reviewed and approved by the Larimer County Engineer prior to recording the easement vacation; 2) The easement to be vacated would be: The westerly 10 feet of the Utility and Drainage Easement located on Lot 2 in Green Valley Estates, 2nd Filing.
M O T I O N
Commissioner Rennels moved that the Board of County Commissioners adopt the staff findings and staff recommendations and approve the Amended Plat of Lots 15 & 16, Tract 1 in Big Elk Meadows (#99-S1455); Amended Plat of Lots 2, 3 & 4 of the Replat of Lot 2 in Cotton Willow Estates, 6th Filing (#S1460); and the Vacation of Utility Easement, Lot 2 in Green Valley Estates, 2nd Filing (#99-S1461); each, with the conditions as outlined.
Motion carried 3 - 0.
The hearing adjourned at 3:05 p.m.
TUESDAY, AUGUST 17, 1999
(#507 @ 200)
The Board of County Commissioners met at 9:00 a.m. in regular session with Frank Lancaster, County Manager. Chair Olson presided and Commissioners Disney and Rennels were present. Also present were: Diane Martell, Engineering Staff Services Manager; Lorrie Wolfe, Grant Program Coordinator; Daryl Burkhard, Open Lands Resource Specialist; George Hass, County Attorney; Stu VanMeveren, District Attorney; Phil Walker, KCOL Personality; Dave Spencer, Director of Facilities; Andy Paratore, Director Information Management; Tom Garton, Chief Building Official; Candace Phippen, Code Enforcement Building Technician; Donna Hart, Commissioners' Office Administrative Manager; and Deni LaRue, Community Information Manager. Recording Clerk, Sherry Graves.
1. OPEN SESSION FOR PUBLIC COMMENT: No one came today to address the Board during the open session for public comment.
2. APPROVAL OF MINUTES FOR WEEK OF AUGUST 9, 1999:
M O T I O N
Commissioner Rennels moved that the Board of County Commissioners approve the Minutes for the week of August 9, 1999, as submitted.
Motion carried 3 - 0.
3. APPROVAL OF SCHEDULES FOR WEEKS OF AUGUST 23 AND AUGUST 30, 1999:
M O T I O N
Commissioner Disney moved that the Board of County Commissioners approve the Schedules for the weeks of August 23 and August 30, 1999, as submitted and revised.
Motion carried 3 - 0.
4. APPROVAL OF CONSENT AGENDA:
M O T I O N
Commissioner Rennels moved that the Board of County Commissioners approve the following action items and documents as listed on the Consent Agenda for Document Review on August 17, 1999:
ACTION ITEMS: Final Plat for Windsor Tree Farm Subdivision; Final Plat for Reif Minor Residential Development; Amended Plat for Ptarmigan 3rd, Block 2, Lots 25 & 26; Personnel Policy Waiver for Risk Management Department; Appointment of Kathay Rennels to the Board of Health, term effective August 17, 1999 to June 30, 2001; and Reappointments of the following to the Extension Advisory Committee, effective July 1, 1999 to June 30, 2002: William Kirk, Susan Larson, and Gene Ulm.
MISCELLANEOUS DOCUMENTS: Joint Initiative for Children, Youth and Family Automoation Project; and CDBG Project Completion Report for Larimer County Childcare Jump Start.
LIQUOR LICENSES: Licenses were issued to: Fox Acres Country Club - 6% - Red Feather, CO.; Fossil Creek Conoco - 3.2% - Fort Collins, CO.; Tornado Club - 6% - Fort Collins, CO., and Red Feather Supermarket - 3.2% - Red Feather, CO. County approval for renewal of liquor licenses was granted to: Castillon's Lounge - 6% - Fort Collins, CO.; Bohemian Cottage Restaurant - 6% - Loveland, CO.; and Charco Broiler - 6% - Fort Collins, CO.
A99-156 REIMBURSEMENT AGREEMENT BETWEEN THE BOARD OF
COUNTY COMMISSIONERS AND DONALD L. HAHN AND
L. STEPHEN SIVON AS CO-JOINT VENTURERS OF
SPRINGFIELD SUBDIVISION SIXTH FILING
A99-157 SUBDIVISION IMPROVEMENT AGREEMENT BETWEEN THE
BOARD OF COUNTY COMMISSIONERS AND NANCY REIF
R99-96z AMENDED SPECIAL REVIEW FINDINGS AND RESOLUTION
APPROVING THE PETITION OF ALL WEATHER WOOD
R99-97s FINDINGS AND RESOLUTION APPROVING THE RACQUETTE
DRIVE COMMERCIAL CONDOMINIUMS
R99-98s FINDINGS AND RESOLUTION APPROVING AN AMENDED
PLAT AND VACATION OF UTILITY EASEMENT IN SOUTH
R99-99s FINDINGS AND RESOLUTION APPROVING AN AMENDED
PLAT AND VACATION OF UTILITY EASEMENT IN
GLACIER VIEW MEADOWS 5TH, LOTS 19 & 20
R99-100s FINDINGS AND RESOLUTION APPROVING THE HERSH
MINOR RESIDENTIAL DEVELOPMENT
R99-101s FINDINGS AND RESOLUTION APPROVING THE VACATION
OF EASEMENT IN GLACIER VIEW SUBDIVISION,
R99-102d RESOLUTION TO SET HEARING FOR LOCAL IMPROVEMENT
DISTRICT NO. 1998-2 FOR MIRAVALLE SUBDIVISION
R99-103d RESOLUTION TO SET HEARING FOR LOCAL IMPROVEMENT
DISTRICT NO. 1993 FOR MOUNTVIEW SUBDIVISION
Motion carried 3 - 0.
5. REQUEST TO ESTABLISH POLICY AND PROCEDURE FOR SUBMITTING APPLICATIONS FOR GOCO FUNDS: Ms. Wolfe requested Board approval of a new policy and procedure for submitting applications for GOCO funds; she noted that a new policy is needed because groups outside of Larimer County, in order to be considered for these funds, can only apply through a local government. However, GOCO requires the sponsoring organization to maintain an ownership interest in any project they sponsor and up to now the only projects the County has sponsored have been school district playgrounds. Mr. Hass expressed concern regarding the ability of the groups, non-profit organizations, or homeowners associations to be responsible for repair and maintenance of the projects; he noted that under GOCO guidelines, it is our responsibility. Mr. Hass noted that the County has a Memorandum of Understanding with the school district stating that they will maintain the playgrounds and the County will have access to them, if needed. Commissioner Disney suggested that some simple but basic criteria needs to be established regarding how the applications will be prioritized in terms of public benefit; the Board concurred that before this policy is approved, that criteria needs to be written and include a capital replacement plan for on-going maintenance and liability. Much discussion followed and the Board decided not to approve the new policy at this time and directed staff to draft new criteria for the next round of applications.
6. SHOWING OF LEGISLATIVE VIDEO 1999: District Attorney Stu VanMeveren and Phil Walker were invited to view the Legislative Video 1999, who both had starring roles in same.
At this time, Assistant County Attorney Jeannine Haag joined the meeting for Legal Matters.
7. LEGAL MATTERS:
-- Ms. Haag noted that on July 19, 1999, the Board voted to adopt Appendix G, which is the Private Local Access Road Standards, and she prepared an adopting resolution for the Board to approve and sign today; she noted these standards become effective on August 23, 1999.
M O T I O N
Commissioner Disney moved that the Board of County Commissioners approve the Resolution Amending the Larimer County Road Standards Manual to add Appendix G - Design & Construction Standards for Private Local Access Roads, and authorize the Chair to sign same.
Motion carried 3 - 0.
R99-104g RESOLUTION AMENDING THE LARIMER COUNTY ROAD
STANDARDS MANUAL TO ADD APPENDIX G - DESIGN &
CONSTRUCTION STANDARDS FOR PRIVATE LOCAL
-- Ms. Haag submitted a Notice and Order in the matter of the Abatement of a Dangerous Building at 339 N. Hollywood in Fort Collins, Colorado and requested a motion from the Board authorizing them to proceed with abatement action against Bruce H. Davidson; she noted that the home at this address cannot be renovated, repaired or occupied as a result of damage incurred by the flood in 1997. Mr. Garton stated that the homeowner collected flood insurance, built a new home and is now trying to sell the badly damaged house, as is.
M O T I O N
Commissioner Rennels moved that the Board of County Commissioners authorize the County Attorney to proceed with issuance of a Notice and Order of the Larimer County Building Official in the matter of the Abatement of a Dangerous Building at 339 No. Hollywood in Fort Collins, Colorado against Bruce H. Davidson.
Motion carried 3 - 0.
-- Ms. Haag provided a status report on the DeMoranville zoning violation; she noted that the next step is to schedule a meeting with the Board, Mr. DeMoranville, Mr. Garton, Ms. Haag, and the Clerk to the Board so anything agreed to or disagreed to is on tape and is public knowledge. Ms. Hart will schedule this meeting.
-- With regard to the hearing concerning the BMX Bikes in Loveland, the Board asked Ms. Haag if she would be willing to explain beforehand that the purpose of the hearing is about a zoning violation and not about the advantages it provides for children.
8. REQUEST FOR APPROVAL OF BACK UP GENERATOR POWER FOR Y2K:
Mr. Spencer informed the Board that in response to the County-wide effort to identify "mission critical" services in the event of any disaster, and in particular the potentials of Y2K, facilities began to look at what needed to occur to insure the ability of the County to respond to those items identified as "mission critical"; he noted that the two very obvious issues that came up were standby power for the Courthouse and the Blue Spruce Complex. Therefore, Mr. Spencer requested Board approval of funding for the purchase of two backup generators and one Un-interruptible Power System (UPS); he noted that the Courthouse needs a 1250 KW Generator (with 5 year warranty) at an installed price of $444,318.00 and the Blue Spruce Complex needs a 400 KW Generator (with 5 year warranty) at an installed price of $161,765.00, with other possible expenditures not exceeding $7,500.00. Mr. Spencer described the types of generators and UPS, noting that they work in concert to insure that our sensitive electronic equipment is protected and we are able to continue services.
Mr. Paratore stated that Y2K is not the driving force for this request - this need has been identified for a year or so. Much discussion ensued regarding how to fund this expenditure. Mr. Lancaster stated that possibly funds could be derived from the Capital Expenditure Fund.
M O T I O N
Commissioner Rennels moved that the Board of County Commissioners approve the funding for the purchase of two backup generators and one Un-interruptible Power System (UPS), funding source to be determined.
Motion carried 3 - 0.
-- Mr. Lancaster stated that the weed district is a separate governmental entity and not part of Larimer County and so if the citizens of Larimer County vote to De-Bruce, the weed district will not be De-Bruced; he noted that for the weed district to De-Bruce, it would have to be a separate ballot issue. Discussion followed; the Board decided to ask Mr. Hass, County Attorney, to write ballot language for a separate ballot issue for the weed district.
-- Commissioner Disney stated that Wright Irwin, who is on the Board of Directors for the Loveland Rural Fire Protection District, called to inform him that they recently had a fire out near the Alps tire pile (which has several million tires) and it brought up the issue again of an environmental disaster waiting to happen. Commissioner Disney stated that Mr. Irwin asked if we have contacted the Environmental Protection Agency to see if they could intervene to try and solve this problem; he noted that the Board is going to receive a letter from the Loveland Fire Protection District asking us to contact the EPA.
The meeting adjourned at 11:25 a.m.
CHERYL OLSON, CHAIR LARIMER COUNTY
BOARD OF COMMISSIONERS
MYRNA J. RODENBERGER
LARIMER COUNTY CLERK & RECORDER
( S E A L )
Sherry E. Graves, Deputy County Clerk