Loveland Bike Trail
 

PROCEEDINGS OF THE BOARD OF COUNTY COMMISSIONERS

Monday, March 12, 2001

LAND USE HEARING

(#14)

The Board of County Commissioners met with Larry Timm, Director of Planning; Chair Rennels presided and Commissioners Bender and Gibson were present. Also present were Sean Wheeler, Planner II; Rob Helmick, Senior Planner; Jim Reidhead, Director of the Rural Land Use Center; Traci Downs, Civil Engineer; and Jeannine Haag, Assistant County Attorney. Recording Clerk: Jean M. O'Connor.

Chair Rennels stated that the following items are consent and will not be discussed unless requested by the Board or members of the audience.

1. HIGHLAND PLACE TRACTS 29 B & C, AMENDED PLAT: E 1/2; 25-08-69; ON THE SOUTH SIDE OF RICHARDS LAKE ROAD, AT THE NORTHWEST END OF LONG POND, NORTH OF FORT COLLINS.

This is a request to adjust the boundary line between Tracts 29 B and C in the Highland Place Subdivision. This adjustment will provide access to Long Pond for Tract 29C (relabeled Lot A) and provide more frontage along the west property line for Tract 29B (relabeled Lot B). Staff findings are 1. The proposed amended plat complies with the Larimer County Land Use Code; 2. The proposed amended plat is compatible with other development 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; 4. The amended plat will not adversely affect property values in the surrounding area. Staff recommendation is approval of the amended plat of Tracts 29-B and 29-C in the Highland Place Subdivision.

  1. PLATTE RIVER POWER AUTHORITY RELEASE FROM INTERGOVERNMENTAL AGREEMENT: 5-10-68; APPROXIMATELY 10 MILES NORTH WEST OF WELLINGTON.
  2. This is a request to approve releasing Platte River Power Authority from the terms of the August 25, 1977 Intergovernmental Agreement with respect to the requirements to Rezoning and Special Review. Staff recommendation is the Board of County Commissioners clarify the review requirements that are required of the Platte River Power Authority, by specifying that the 1977 Intergovernmental Agreement and the 1979 Memorandum of Understanding are no longer in effect with respect to the requirements for Rezoning and Special Review. The correct processes for review are the requirements of Section 13 of the Larimer County Land Use Code, Location and Extent Review.

    M O T I O N

    Commissioner Bender moved that the Board of County Commissioners approve Highland Place Tracts 29B and C Amended Plat #01-S1729 and Platte River Power Authority Intergovernmental Agreement Release as presented.

    Motion carried 3 - 0.

  3. RISTVUE REVISED PRELIMINARY RURAL LAND PLAN: 32-08-70; GENERALLY LOCATED 4 1/2 MILES WEST OF BELLVUE ALONG COUNTY ROAD 52E (RIST CANYON ROAD) AND ROUGHLY 1/2 MILE UP THE DAVIS RANCH ROAD.

This is a request to revise the preliminary approval of October 16, 2000 for the Ristvue Rural Land Plan by changing the protection of the 47-acre residual land to a perpetual covenant instead of a perpetual conservation easement. Mr. Reidhead stated that during the February 12, 2001 public hearing, the applicant was requesting a 40-year covenant; however due to further consideration and discussions with staff, the applicant now agrees to a perpetual covenant.

Mr. Paul, the applicant, clarified that he does agree and does understand his request for a perpetual covenant on the 47-acre residual land parcel.

Mr. Wayne Arndt, an area resident, asked if a legal document would be written, signed and recorded, which states the 47-acres is a perpetual covenant and that there will be no future development. Mr. Reidhead replied in the affirmative and noted that it is the intent of Mr. Paul that no future development will occur on the 47-acre parcel. Mr. Reidhead further stated that the covenant would run with the land and that even if the residual land were sold, there could be no development in accordance with the covenant.

Ms. Haag concurred and stated that the covenant could only be changed with the agreement of all parties within the Ristvue Phase I, inclusive of lot owners, residual landowner and the Board of County Commissioners.

Ms. Linda Lechert-Fialko, area resident, clarified that if all related parties agree to change the covenant, the property could be developed in the future and Ms. Haag replied in the affirmative.

Commissioner Bender noted that future owners of the proposed three lots would also have to agree to change the covenant and the fact that they probably bought the lot based on the perpetually protected residual land, it is not likely that they would agree to develop the 47-acres.

Commissioner Gibson noted that the definition of "perpetual" is yet to be determined and is a misleading term for property owners.

M O T I O N

Commissioner Gibson moved that the Board of County Commissioners approve a revised condition of approval for Ristvue Preliminary Rural Land Plan, which now stipulates a perpetual covenant for the 47-acre residual land and all other conditions approved during the original October 16, 2000 public hearing remain in force.

Motion carried 3 - 0.

There being no further business, the hearing was adjourned at 3:30 p.m.

TUESDAY, MARCH 13, 2001

ADMINISTRATIVE MATTERS

(#14 & 15)

The Board of County Commissioners met with Frank Lancaster, County Manager; Chair Rennels presided and Commissioners Bender and Gibson were present. Also present were Sgt. J.L. Webber, Lt. Ken Elliot, and Sgt. Jerald Baker, Sheriff's Department; Carol Block, Director of Finance; Kathryn Rowe, Purchasing Manager; Teri Bryant, Chief Accountant; Tom Garton, Chief Building Official; Larry Timm, Director of Planning; Kathy Snell Director of Health and Human Services; Gary Darling and Ern Hudson, Sheriff's Office; Jim Alderden, County Sheriff; K-Lynn Cameron, Open Space Manager; Linda Connors, Assistant County Attorney; George Hass, County Attorney; Donna Hart, Commissioner's Administrative Manager; Deni La Rue, Community Information Officer; 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.

2. APPROVAL OF THE MINUTES FOR THE WEEK OF MARCH 5, 2001:

M O T I O N

Commissioner Gibson moved that the Board of County Commissioners approve the minutes for the week of March 5, 2001 as presented.

Motion carried 3 - 0.

3. APPROVAL OF THE SCHEDULE FOR THE WEEK OF MARCH 19, 2001:

M O T I O N

Commissioner Bender moved that the Board of County Commissioners approve the schedule for the week of March 19, 2001 as presented.

Motion carried 3 - 0.

4. CONSENT AGENDA:

M O T I O N

Commissioner Gibson moved that the following documents be approved as presented on the consent agenda for March 13, 2001:

ACTION ITEM: Personnel authorization request for replacement of position currently held by a State employee as an Employee Program Specialist at the Workforce Center.

ABATEMENTS: As recommended by the County Assessor, the following petitions for abatement are approved Hughes; Johnson; Nordhougen & Associates; Oliver; Piira; Relm of Fort Collins; Smith, Edward & Hollis; Smith, Fred Trustee; and Stratton.

A01-39 AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND CONSOLIDATED HOME SUPPLY DITCH AND RESERVOIR COMPANY FOR PERMIT OF EASEMENT CROSSING

A01-40 MEMORANDUM OF UNDERSTANDING BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE STATE OF COLORADO DEPARTMENT OF HUMAN SERVICES

C01-19 CONTRACT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE CITY OF LOVELAND COLT FOR TANF FUNDS AS A LOCAL MATCH FOR LOVELAND TRANSIT "ACCESS TO JOBS" GRANT

C01-20 INTERGOVERNMENTAL DATA ACCESS CONTRACT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND STATE OF COLORADO ACTING BY AND THROUGH THE DEPARTMENT OF LABOR AND EMPLOYMENT

R01-47g RESOLUTION PROPOSING NOVEMBER 6, 2001 COORDINATED ELECTION BE CONDUCTED AS A MAIL BALLOT ELECTION

MISCELLANEOUS: Amended Plat of Lots 10-12 and 14-18, Block 30 of South Nokomis Lake Subdivision.

LIQUOR LICENSES: The following liquor licenses were approved South Taft Liquor, Inc- 6%- Fort Collins, CO; Glen Haven Inn- 6%- Glen Haven, CO; Aspen Lodge- 6%- Estes Park, CO; Lake Shore Lodge- 6%- Estes Park, CO; and Sox & Cubs Pizza & Subs- 6%- Fort Collins, CO.

Motion carried 3 - 0.

5. FIRE REGULATIONS DISCUSSION: Mr. Garton stated that one of his first tasks as the new Chief Building Official, was to research options to reduce the use of non-certified wood stoves and fireplaces in accordance with the action item contained in the County Master Plan. Mr. Garton noted that he contacted several municipalities and some restrict wood stoves all together including the Denver area, however elevations above 7,000-feet are excluded. During discussion with the Building Board of Appeals, they recommended reducing the use of wood stoves and fireplaces within the areas of Larimer County in which auto emissions are required. Mr. Garton noted that this amendment to the Building Code was presented to the Planning Commission during a public hearing and received a recommendation for denial. Even with this recommendation, Mr. Garton continued, staff proceeded to the Board of County Commissioners for final action and/or direction based upon the Building Board of Appeals and Planning Commission recommendations. Mr. Garton stated that the Board of Commissioners approved the staff recommendation for compliance with the Colorado Air Quality Control Commissions Phase III standards for wood stoves and fireplaces countywide.

Chair Rennels inquired as to an appeal process and Mr. Garton stated that appeals of this Amendment to the Building Code can be appealed to the Building Board of Appeals. For clarification, Mr. Garton noted that wood stoves and fireplaces are not banned in Larimer County, however they must comply with the Phase III standards and that existing stoves and fireplaces are exempt.

Commissioner Gibson asked if compliance with the Phase III standards is part of the County Master Plan and Mr. Timm stated that the development of a program including incentives to reduce the use of non-certified wood stoves and fireplaces; is contained within the "Action Items" section of the Master Plan. Commissioner Gibson read the action item which uses the phase "..include incentives to reduce.." and asked why the Phase III standards are a requirement and Mr. Garton noted that the incentive part refers to existing stoves and fireplaces and that the requirement is for new stoves and fireplaces installed after the adoption of the standards.

Much discussion ensued regarding the availability of stoves/fireplaces, if any, that comply with the standards and the Board requested a work session to further address the standards.

6. FARGO COUNTY ROADHOUSE DISCUSSION: Chair Rennels stated the Board has requested this discussion to address excessive incidences regarding underage drinking at this establishment. Mr. Tom Grandbois and Mr. Bob Bucci were present to represent the Fargo. Lt. Elliot stated that all instances contained in the reports occurred on "18 & Over" nights at the Fargo and the result is a drain on the resources of the Sheriff's Department. Sgt. Baker, a patrol supervisor, noted that officers are pulled from the northern and Loveland areas in order to assist at the Fargo on Wednesday and Thursday evenings because of the large crowds and the number of incidents that occur on these nights. Sgt. Baker clarified that it is not believed the bartenders are serving underage patrons, but that they are being given alcohol by friends or possibly picking up unattended drinks. Sgt. Webber stated that he has provided training to the bar staff at their request and that the bar has called regarding underage patrons trying to get into the establishment.

Mr. Bucci stated that most of the instances reported are a result of the establishment calling the Sheriff's Department for assistance due to drinking in the parking lot and noted the establishment currently has 10 to 15 personnel observing patrons on these nights. Mr. Grandbois stated the establishment has a zero tolerance for patron disturbances of any kind.

Commissioner Bender noted that the "18 and Over" nights have created a situation which needs to be addressed. Ms. Connors stated that upon review of the actual deputy reports, most of the instances were reported during routine bar checks and questioned whether the establishment would have called had the deputies not already been present.

Chair Rennels asked if routine bar checks by the deputies were at the cost of the County or the establishment and Mr. Bucci replied that the cost is to the County. Chair Rennels noted that these nights are a drain on resources available to the Sheriff's Department and acknowledged the efforts of the establishment to correct the underage drinking/disturbances but noted that holding a liquor license is very serious. Sgt. Webber noted the irony of the situation is that if the establishment does call, there will be additional reports.

Lt. Elliott stated that other establishments are following suit for this type of evening and noted that the Sheriff's Department has a responsibility to the public in general and the County can not afford to drain resources on these establishments. Commissioner Bender stated that these nights are probably profitable for establishments and asked if non-alcohol nights have been considered. Mr. Grandbois stated that if these nights were discontinued, then underage patrons would just go elsewhere. Ms. O'Connor reminded the Board that discussions with this establishment regarding underage drinking have taken place, at minimum, every year since 1998 to no avail.

Chair Rennels asked if the Board could pass a resolution banning "18 and Over" nights and Mr. Hass replied in the affirmative but that would need to be done during a disciplinary hearing. Chair Rennels asked if a resolution could be passed that would ban these types of nights countywide and Mr. Hass stated that he would need to check the different types of licenses. Sgt. Webber stated that the current trend is for establishments to provide "18 and Over" nights.

Chair Rennels again noted appreciation for the efforts of the establishment and recommended that the establishment hire off duty deputes and the records be reviewed again prior to the liquor license renewal in October. Lt. Elliott noted that the establishment would have an agreement with the Sheriff's Department regarding the off duty deputies but that the deputies would still be authorized to enforce the law. Mr. Hass suggested staff verify with the Sheriff about providing off duty deputies and then have the establishment sign an agreement as a condition of their liquor license. Lt. Elliott noted that he would follow-up with the Sheriff and respond to Ms. O'Connor.

7. GOVERNMENT FINANCE OFFICERS ASSOCIATION AWARD: Chair Rennels presented Ms. Block with a plaque recognizing excellence in financial reporting. Ms. Block informed the Commissioners that this is the 17th year Larimer County has been recognized for this national award.

8. AUDITING CONTRACT DISCUSSION: Ms. Bryant requested Board approval to retain the accounting firm of Anderson & Whitney for one year only. The one year extension contract, Ms. Bryant noted, would be an increase of 3% of current contract rate and an additional $3,000 would be added for consulting services for the implementation of GASB 34.

Commissioner Gibson inquired to the advantage of retaining this firm vs. putting the service out for bid. Ms. Bryant stated that the firm is knowledgeable about the County's accounting system and that it would be a time consuming learning curve for a new firm. Ms. Bryant further noted an additional benefit to the County would be the consulting services for implementation and compliance with GASB 34. Ms. Block stated that she agrees with the benefits of retaining this firm for one year and noted however, no objection to putting the contract out for bid. Much discussion ensued regarding the bidding process and timeframe.

M O T I O N

Commissioner Bender moved that the Board of County Commissioners approve authorizing Finance to contract with Anderson & Whitney for the 2001 audit year.

Motion carried 3 - 0.

9. FIXED ASSET AND PURCHASING POLICY REVISIONS: Ms. Rowe requested Board approval to increase current County purchasing and capital outlay dollar thresholds. The proposal, Ms. Rowe continued, includes 1. Allowing departments to purchase goods and services for $5,000 or less without the need to obtain quotes; 2. Purchases of goods or services greater than $5,000 and up to $25,000 will require three written quotes; and 3. Purchases of goods or services greater than $25,000 will require the Purchasing Department to do a formal bid or proposal. This policy is to be effective April 1, 2001.

The proposal for capital outlay will increase the threshold to $5,000 or greater; which is an increase over the previous amount of $1,500. Ms. Rowe requested his policy be retroactive to January 1, 2001. Ms. Rowe further noted that Information Management System Department, rather than the Finance Department, will manage the computer equipment inventory.

M O T I O N

Commissioner Gibson moved that the Board of County Commissioners approve changing the purchasing and capital outlay thresholds by approving Purchasing Procedure 300.1J and Capital Outlay Procedure 300.2J as proposed.

Motion carried 3 - 0.

P01-02 PURCHASING POLICY AND PROCEDURE 300.1J

P01-03 CAPITAL OUTLAY PROCEDURE 300.2J

10. MENTAL HEALTH AND SUBSTANCE ABUSE: Ms. Snell, Mr. Darling and Mr. Dana Timermans requested a letter of support from the Board committing staff time and acknowledgement of the County's interest to improve the current mental health and substance abuse system. Mr. Darling stated the current system is so disfunctional that it incurs expenses prior to a client receiving any treatment. Ms. Snell noted the system must be improved if the cycle of abuse and mental health illness is to be broken. Mr. Timermans stated the current systems receives .14 cents per capita to address substance abuse, and this in and of itself, makes it difficult to retain treatment employees. Ms. Snell stated the committee, Community - Wide Mental Health and Substance Abuse Planning Project Steering Committee, was formed to address this issue 18-months ago and will continue to work toward addressing 1. Funding; 2. Residential assistance (a place to live if nowhere else to go after getting out of jail), and 3. An adult HUB.

M O T I O N

Commissioner Bender moved to approve a letter of support committing staff time and the County's interest to improving the community's mental health and substance abuse system.

Motion carried 3 - 0.

11. DRUG TASK FORCE STAFFING: Sheriff Alderden stated that this task force is comprised of all the local law enforcement agencies and noted that, heretofore, the County has not contributed toward adequate staffing of the force but has assisted somewhat monetarily. Sheriff Alderden requested a Sergent be added to the task force at a cost of $60,000 for the balance of 2001. Funding for this additional deputy, Sheriff Alderden continued, will come from currently budgeted but vacant positions within the department; for which year to date, equals $200,000.

M O T I O N

Commissioner Gibson moved that the Board of County Commissioners approve one full time employee for the Drug Task Force for which funding will be derived from the year-to-date salary vacancy savings.

Motion carried 3 - 0.

12. LEGISLATIVE ITEM: Mr. Lancaster stated that Colorado Counties, Inc (CCI) is requesting input from counties on the Faith Healing Bill coming before the Legislature,

so that CCI can determine a position. Ms. Snell provided background on the Bill and noted recent cases related to the issue. Commissioner Gibson stated that children are the #1 concern and he supports the bill and Commissioner Bender concurred. Chair Rennels stated that counties should not be involved in this decision.

M O T I O N

Commissioner Gibson moved that the Board of County Commissioners support House Bill 1286 and recommend CCI take the same position.

Motion carried 2 - 1 with Chair Rennels dissenting.

13. SOUTHDOWN DONATION AND DEED OF EASEMENT: Ms. Cameron requested Board approval to accept a permanent easement from Southdown, Inc. for a public trailhead and trails. Ms. Cameron stated that with the addition of this property, there is potential to secure additional trail easements to complete the regional trail between southern Larimer County and Carter Lake. Ms. Cameron noted that the Southdown Corporation mined the area and that the County will provide a sign at the trailhead recognizing the mining and reclamation efforts of the land.

Commissioner Gibson asked how the land and trail would be maintained after the open space tax revenues have been exhausted and Ms. Cameron noted that is an unknown at this time.

M O T I O N

Commissioner Bender moved that the Board of County Commissioners accept the donation of a permanent easement from Southdown, Inc. for a public trailhead and trails and authorize the Chair to sign a Deed of Easement.

Motion carried 3 - 0.

D01-07 DEED OF EASEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND SOUTHDOWN, INC. FOR A PUBLIC TRAILHEAD AND TRAILS

14. WORK SESSION: Mr. Lancaster asked the Board if they want a work session regarding transportation issues and Consensus of the Board is to schedule a work session as soon as possible. Commissioner Bender noted that a work session was requested for Horsetooth Mountain Park and asked when it would occur and Mr. Lancaster stated that it has been scheduled and he would provide the Board with a printout of all scheduled work sessions.

15. COMMISSIONER REPORTS: Commissioner Gibson stated that he was elected co-chair of the Northern Front Range Air Quality and Transportation Committee.

Commissioner Bender stated that he attended a meeting with the U.S. Forest Service last week during CCI and a 10-year strategy fire plan was discussed. Additionally, Commissioner Bender noted, the order signed by former President Clinton prohibiting roads in specific areas will need to be reversed because it conflicts with this strategy plan.

Commissioner Bender noted that SB 161 takes a look at Water Banks for a one-year prototype.

Chair Rennels noted that she attended the meeting at which the Mental Health and Substance Abuse report, presented earlier, was announced.

  1. LEGAL MATTERS:

EXECUTIVE SESSION

M O T I O N

Commissioner Bender moved that the Board of County Commissioners go into executive session at 11:40 a.m. to obtain legal advice.

Motion carried 3 - 0.

Executive session ended at 12:00 p.m.; no action was taken.

THURSDAY, MARCH 15, 2001

EXECUTIVE SESSION

M O T I O N

Commissioner Gibson moved that the Board of County Commissioners go into executive session at 4:45 p.m. with K-Lynn Cameron and Jerry White to discuss land acquisition.

Motion carried 3 - 0.

Executive session ended at 5:10 p.m.; no action was taken.

___________________________________

KATHAY RENNELS, CHAIR

BOARD OF COUNTY COMMISSIONERS

MYRNA J. RODENBERGER

COUNTY CLERK & 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.