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PROCEEDINGS OF THE BOARD OF COUNTY COMMISSIONERS

Monday, March 5, 2001

LAND USE HEARING

(#12)

The Board of County Commissioners met with Russ Legg, Chief Planner; Chair Rennels presided and Commissioners Bender and Gibson were present. Also present were Sarah Flick and Sean Wheeler, Planner II; Traci Downs, Civil Engineer; Jeannine Haag, Assistant County Attorney; and Jean O'Connor, Recording Clerk.

Chair Rennels stated that item #1 Horseshoe Park Farm Replat Lot 1 #00-S1713 has been removed from the agenda at the request of the applicant and that the following items are consent and will not be discussed unless requested by the Board or members of the audience.

  1. AMENDED PLAT OF LOTS 1A & 1B, WEST HIAWATHA HEIGHTS, BLOCK 11: NW 1/4 OF SECTION 29, TOWNSHIP 10N, RANGE 73W; LOCATED IN WESTERN HIAWATHA, WEST OF LAKE SHAGWA, RED FEATHER REGION.

This is a request to combine Lots 1A & 1B in West Hiawatha Heights, Block 11 so that the owners will have more room for their house and outbuildings. Staff recommendation is approval of the amended plat for West Hiawatha Heights Subdivision, Block 11, Lots 1A & 1B.

3. VISTA VIEW ESTATES RELEASE OF WARRANTY COLLATERAL

This is a request for Release of warranty collateral. Staff findings include 1. Road, curb and storm water improvements in Vista View Estates Planned Unit Development, Phase 3 have been inspected and approved for release by the Larimer County Public Works Department; 2. The County is holding $6,227.00 in the letter of credit with the agreement. Staff recommendation is approval of the request for release of the Warranty Collateral agreement for Vista View Estates, phase 3, Lots 12-36 and Lots 90-93 and the release of the associated warranty collateral, a letter of credit from First National Bank, No. 3011, in the amount of $6, 227, 00.

M O T I O N

Commissioner Bender moved that the Board of County Commissioners approve Hiawatha Heights West Block 11 Lot 1A and 1B Amended Plat #00-S1655 and Vista View Estates Release of Collateral #94-MS0505 as presented and outlined above.

Motion carried 3 - 0.

TUESDAY, MARCH 6, 2001

ADMINISTRATIVE MATTERS

(#12 & 13)

The Board of County Commissioners met with Neil Gluckman, Assistant County Manager; Chair Rennels presided and Commissioners Bender and Gibson were present. Also present were George Hass, County Attorney; Linda Connors, Assistant County Attorney; Myrna Rodenberger, County Clerk and Recorder; Scott Doyle, Chief Deputy Clerk and Recorder; K-Lynn Cameron, Open Space Manager; Shelly Stephens, Larry Johnston, and Joyce Whitman, New Bridges; Lew Wymisner, Workforce Center; Deni La Rue, Community Information Officer; Rob Helmick, Senior Planner; Jerry Blehm, Director of Environmental Health; Ed Schemm, Assistant Director; Chip Steiner, Coordinator for the Fairgrounds and Events Center; Dave Spencer, Director of Facilities and Jean O'Connor, Clerk to the Board.

1. PUBLIC COMMENT: The Board is available for public comment from 9:00 a.m. to 9:30 a.m.

  1. APPROVAL OF THE MINUTES FOR THE WEEK OF FEBRUARY 26, 2001:
  2. M O T I O N

    Commissioner Gibson moved that the Board of County Commissioners approve the minutes for the week of February 26, 2001 as presented.

    Motion carried 3 - 0.

  3. APPROVAL OF THE SCHEDULE FOR THE WEEK OF MARCH 12, 2001:
  4. M O T I O N

    Commissioner Bender moved that the schedule for the week of March 12, 2001 be approved as presented.

    Motion carried 3 - 0.

  5. CONSENT AGENDA:

M O T I O N

Commissioner Gibson moved that the Board of County Commissioners approve the following documents as presented on the consent agenda for March 6, 2001:

ACTION ITEMS: Approve a waiver of Personnel Policy 612 and allow the vacation time of 30 hours for Cliff Riedel to continue on the books until July 15, 2001; Approve restoring a Park Ranger II vacant position, retaining an Open Lands Specialist II vacant position and retaining a Parks & Open Lands Director Vacant position pending the Parks Department reorganization.

ABATEMENTS: As recommended by the County Assessor, the following petitions for abatement are approved: Keeler; Kleindolph; Lofts at Campus West; Scherpelz; Union Carbide; Buckeye Lic; Campbell Development (2); Fox Acres/ Campbell Development; Gilbertson; Heyne Schuster Co; Jaques; and Rick Leach Et Al.

A01-37 AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND LARIMER COUNTY SEARCH AND RESCUE, INC (LCSAR) FOR THE USE AND BENEFIT OF THE SHERIFF'S DEPARTMENT

A01-38 AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND LARIMER COUNTY DIVE AND RESCUE TEAM, INC (LCDRT) FOR THE USE AND BENEFIT OF THE SHERIFF'S DEPARTMENT

C01-16 CONTRACT BETWEEN THE BOARD OF COUNTY COMMISSIOENRS AND MOUNTAIN CONSTRUCTORS, INC FOR THE RECONSTRUCTION OF COUNTY ROAD 64 AND REPLACE BRIDGE #5-0.2-64 (pn233)

C01-17 TANF FUND CONTACT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE CITY OF FORT COLLINS FOR TRANSFORT SERVICES

C01-18 CONTRACT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE FAMILY CENTER-LaFAMILIA FOR CHILD CARE

R01-44s FINDINGS AND RESOLUTION APPROVING THE CHANGE OF CONDITIONS FOR WALDO CONSERVATION DEVELOPMENT

R01-45s FINDINGS AND RESOLUTION APPROVING STREET NAME CHANGE IN FOSSIL CREEK RESERVOIR AREA

R01-46z RESOLUTION ADOPTING THE COOPERATIVE PLANNING AREA OVERLAY ZONE AND AMENDMENTS TO THE LARIMER COUNTY LAND USE CODE

LIQUOR LICENSES: The following licenses are approved Pot Belly Restaurant & Lounge- 6%- Red Feather Lakes, CO; White Buffalo- 6%- Loveland, CO; Classic Catering- 6%- Fort Collins, CO; and Lovin Oven- 6%- Loveland, CO. The following license is issued Carter Lake Marina- 3.2%- Loveland, CO.

Motion carried 3 - 0.

5. REQUEST TO USE COUNTY BUILDING FOR NEW BRIDGES SHELTER: Ms. Stephens stated that New Bridges had proposed to lease the County building at 419 W. Mountain Avenue after discussions with Mr. Lancaster and Fort Collins City staff. However, Ms. Stephens continued, after further review, it has been determined that this building, which is in a residential area, may not be the best location. Mr. Johnston noted that the New Bridges Board of Directors had been working with both City and County staff and requested that communication remain open and the Board direct staff to continue efforts to find a location for the New Bridges Shelter. Ms. Stephens stated that the shelter currently spends approximately 30% of their income on rent and requested consideration of a nominal rental fee or $1 per year be kept in mind while searching for a location since New Bridges is a service which benefits the entire community. Mr. Gluckman noted that staff from both entities intends to continue working with New Bridges.

6. REQUEST FOR ADDITIONAL STAFFING IN THE CLERK AND RECORDER'S OFFICE: Ms. Rodenberger stated that due to the retirement of a 3/4 time Vehicle Licensing Specialist in the Estes Park office and the projected workload, the Clerk and Recorder's Office is requesting this position be increased to a full-time position. Additionally Ms. Rodenberger continued, a half-time Election Technician II has retired and requests this position be filled as a full-time position. Lastly Ms. Rodenberger noted, a temporary employee was assigned to establish the "One Stop Shop" environment in the Motor Vehicle Department, and the department requests that this temporary position be converted to a half-time position. Commissioner Gibson asked how the positions would be funded and Ms. Rodenberger stated that all the positions can be funded within this years budget.

M O T I O N

Commissioner Bender moved that the Board of County Commissioners approve the requests of the Clerk and Recorder's Office to allow for a full time Election Technician II; the conversion of a temporary position to a half-time Vehicle Licensing Technician I; and a 3/4 position in Estes Park to a full time Vehicle Licensing Specialist.

Motion carried 3 - 0.

7. DISCUSSION OF REFERRALS FOR BOXELDER AND LOW POINT WASTEWATER: Mr. Helmick stated that the purpose of this discussion is to inform the Board of these two proposals, ask if the Board has any objection to referral comments and obtain authorization for the Chair to sign the Low Point Wastewater Treatment Plant comment letter. Mr. Blehm stated that the Low Point proposal has been in the works for approximately 20 years and that with the proposed densities for the area, this is the best option. Mr. Helmick stated that the Boxelder amended site approval is likely the first of two expansions and that they haven't expanded since 1996. Mr. Schemm noted the letter should be addressed to the State Department of Health and not the County Health Department

M O T I O N

Commissioner Gibson moved that the Board of County Commissioners approve the comment letter for the Low Point Wastewater Treatment Plant proposal and authorize the Chair to sign the same.

Motion carried 3 - 0.

8. DISCUSSION OF FINAL PLAT FOR RIVERSIDE FARM SUBDIVISION: Mr. Helmick stated that this final plat has been in process for quite a period of time due to concerns raised regarding the lift station by a resident of the adjoining subdivision. Mr. Blehm noted that staff believes that the State Health Department will approve the site application for the lift station for this final plat; but that extra efforts by the State to research the concerns raised have extensively delayed approval of this application. Mr. Helmick requested that the Board approve the Riverside Farm Subdivision Final Plat today and authorize the Chair to sign the plat and the development agreement contingent upon receipt of the approval letter from the State.

M O T I O N

Commissioner Gibson moved that the Board of County Commissioners approve the Riverside Farm Subdivision Final Plat and Development Agreement and authorize the Chair to sign the same upon receipt of the letter of approval from the State Health Department.

Motion carried 3 - 0.

9. ADOPTION OF REVISED ACQUISITION PROCESS AND MANAGEMENT PROCESS: Ms. Cameron stated that Commissioner Bender had previously expressed some concern with the acquisition and management processes and presented a recommendation from Open Lands Advisory Board to revise those processes. To be added to the Acquisition Process, Ms. Cameron noted, is an "Implement Management Plans/ Monitor Conservation Easements" step; and that the proposed amendment to the Management Process is the addition of an "Implement Management Plan" step. Commissioner Bender thanked the Open Lands Advisory Board for the recommendations and noted that there is now accountability within the program. Commissioner Gibson questioned why the amendments are proposed to take place after the Board has reviewed and taken action on a project. Ms. Cameron stated that final negotiations for a project often times change management plans; however, the Board is presented a draft plan prior to final action of any project.

M O T I O N

Commissioner Bender moved that the Board of County Commissioners approve the revisions to the Acquisition Process and Management Process for Open Lands as presented.

Motion carried 3 - 0.

10. WORK SESSION: Mr. Gluckman stated that during the February 5, 2001 Administrative Matters, the Board had received a letter from the Greeley/Weld Economic Development Action Partnership (EDAP) requesting $100,000 from the Larimer/Weld Revolving Loan Fund (L/WRLF) be lent to the Greeley Community Development Fund (GCDF). However, the request was not reviewed by the county staff liaison nor the two county appointees to the L/WRLF Board. Consensus of the Board at that time, was to send the request back through the correct channels for review. Mr. Wymisner stated that the correct protocol has now been followed and requests the Board approve a letter of support to transfer $100,000 from L/WRLF to the Greeley Community Development Fund. Mr. Wymisner further noted that banks have not been inclined to loan money for the revitalization of Downtown Greeley and that this transfer of funds is a "last ditch effort". Chair Rennels remarked at how the City of Fort Collins downtown area has thrived and that the same would be good for downtown Greeley. Consensus of the Board is to support the transfer of funds to the Greeley community Development Fund from L/WRLF.

Mr. Gluckman presented the Board with the Commissioner's Work Plan for 2001 and asked that it be reviewed for accuracy. Consensus of the Board is that the plan is accurate.

Mr. Gluckman reviewed the draft agenda for next weeks Legislative Breakfast; the Board suggested the following be added to the agenda 1. Human Services Bill; and 2. Growth Management Bill.

Mr. Gluckman asked if a Commissioner is interested in participating in the Facilitator Program and Chair Rennels replied in the affirmative.

Chair Rennels stated that each year a grant is received to educate low-income families on nutrition and that Ms. Kubin from the Extension Office has requested a letter of support from the Board for such. Consensus of the Board is to prepare a letter of support the grant and the proposed use.

11. COMMISSIONER REPORTS: Commissioner Bender stated that the Extension Advisory Board would be advertising to take a group of citizens on an educational trip to Estes Park; and that the 4-H Carnival will be on March 24, 2001 and is the "kick-off" fundraiser for the Events Center at the new Fairgrounds. Commissioner Bender also noted that he attended the CSU Presidents Community Meeting, Odyssey of Growth Management 2001, and that his citizen meeting went well.

Commissioner Gibson stated that he met with the City of Johnstown and discussed Intergovernmental Agreements with adjoining municipalities; he took a tour of the Crystal Lakes area; his citizen meeting also went well; and that he voted "no" to increasing the wages for the proposed position of Executive Director of the Northern Front Range Transportation Council.

Chair Rennels stated that she had testified on HB 1227, which addresses child abuse in agricultural communities; her citizen meeting went well and that transportation and the new Fairgrounds were topics of discussion.

12. LEGAL MATTERS: Mr. Steiner presented the Board with an Amendment to the Agreement with International Coliseums Company (ICC), which is to add the services of Bullock Smith & Partners (BSP) in the master planning of the new Fairgrounds and Events Center. The amendment, Mr. Steiner continued, states that Larimer County agrees to pay ICC an additional $35,000 for these services; as well as a travel per diem equal to that of a County employee. Mr. Spencer stated that he strongly supports the addition of BSP for the fair, festival, and agricultural aspects of the design and that BSP will compliment ICC efforts. Commissioner Bender stated that he has heard many concerns over too much emphasis on the event center and not enough on the fairgrounds and that this amendment will take care of that concern.

M O T I O N

Commissioner Gibson moved that the Board of County Commissioners approve the Amendment to the Agreement with ICC as amended to include travel per diem and corrections of typos.

Motion carried 3 - 0.

A01-39 AGREEMENT AMENDMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND INTERNATIONAL COLISEUMS COMPANY TO RETAIN BULLOCK SIMTH AND PARTNERS

Mr. Steiner presented an Agreement for Professional Services with Markin Consulting and noted the agreement is for 45-days. The scope of work contained within the agreement is for Markin to provide a "Best Practices Paper" with respect to public/private partnerships. The task for Markin is to travel the nation and interview several public/private partnerships and provide a paper to Larimer County in an effort to avoid making mistakes already made by other such partnerships. Mr. Spencer noted that the intent is for Larimer County to make only "new mistakes" if any mistakes are to by made at all. Mr. Hass requested that the travel expense reimbursement be the same per diem as a County employee.

M O T I O N

Commissioner Bender moved that the Board of County Commissioners approve the Professional Services Agreement with Markin Consulting as amended to include the per diem clause as stated above and the correction of typos.

Motion carried 3 - 0.

A01-40 AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND MARKIN CONSULTING

Chair Rennels asked Mr. Hass if he could testify this Monday regarding the Eminent Domain Bill and Mr. Hass stated that he would write a position letter in opposition of the bill to save expenses.

Mr. Gluckman requested Board approval of a Joint Designation of Civic Center Park as a City of Fort Collins Park to allow the City to take all appropriate action in operating, maintaining and securing said Park and to provide for necessary enforcement, control authority required to govern activities in and around said Park.

M O T I O N

Commissioner Gibson moved that the Board of County Commissioners approve the Joint Designation of Civic Center Park as a City Park.

Motion carried 3 - 0.

R01-47g RESOLUTION ESTABLISHING JOINT DESIGNATION OF CIVIC CENTER PARK AS A CITY OF FORT COLLINS PARK

Ms. O'Connor informed the Board of an annexation petition received from the Town of Estes Park for the Olympus Additions 1, 2, 3, and 4.

There being no further business, the meeting adjourned at 11:45 a.m.

______________________________

KATHAY RENNELS, CHAIR

BOARD OF COUNTY COMMISSIONERS

MYRNA J. RODENBERGER

COUNTY CLERK AND RECORDER

S E A L

(A T T E S T)

_______________________________

Jean M. O'Connor, Clerk to the Board

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