Loveland Bike Trail
 

PROCEEDINGS OF THE BOARD OF COUNTY COMMISSIONERS

Monday, March 26, 2001

EXECUTIVE SESSION

M O T I O N

Commissioner Bender moved that the Board of County Commissioner go into executive session at 2:40 p.m. with Linda Connors and David Ayraud, Assistant County Attorneys, for legal advice.

Motion carried 3 - 0.

Executive session ended at 2:50 p.m.; no action was taken.

LAND USE HEARING

(#19)

The Board of County Commissioner met with Larry Timm, Director of Planning; Chair Rennels presided and Commissioners Bender and Gibson were present. Also present were Matt Lafferty and Al Kadera, Planner II; Rob Helmick, Senior Planner; Doug Ryan, Environmental Planner; Claudia DeLude, Code Enforcement; Traci Downs, Civil Engineer; Jeannine Haag, Assistant County Attorney; and Jean O'Connor, Clerk to the Board.

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

Mr. Helmick stated that a condition of approval was inadvertently omitted from item #2 Whaley Conservation Development, and requested the Board add the standard condition to read 2. Fees to be collected at building permit issuance for new single family dwellings in the amount current at time of issuance are Thompson RJ-1 School fee; Larimer County fees for County and Regional Transportation Capital Expansion and Larimer County Park fee in lieu of dedication.

Mr. Mark Whaley, the applicant, noted for the record that he agrees with the additional condition of approval.

  1. AMENDMENT TO THE VISTA @ COTTONWOOD SHORES PLANNED UNIT DEVELOPMENT: E 1/2 08-08-68; LOCATED ALONG THE WEST SIDE OF HIGHWAY 1; APPROX. 1/4 MILE NORTH OF COUNTY ROAD 58.
  2. This is a request for an amendment to the Cottonwood Shores Planned Unit Development to modify the side yard setbacks for lots 10 & 11 from 25 feet to 5 feet. Staff findings include 1. The Amendment to the Vista @ Cottonwood Shores PUD is compatible with other development in the surrounding area; 2. Approval of the Amendment to the Vista @ Cottonwood Shores PUD will not result in any significant impacts to neighboring properties, the natural environment, or the provision of services and infrastructure; 3. Property values in the surrounding area would not be adversely affected by the side yard setback amendment. Staff recommendation is approval of the amendment to the Vista @ Cottonwood Shores PUD (01-S1737) to reduce the side yard setbacks on Lots 10 and 11 from 25 to 5 feet.

    2. WHALEY CONSERVATION DEVELOPMENT: SW 1/4 OF 15-04-70. LOCATED ALONG CR 31, WITHIN 1/2 MILE OF THE SOUTHERN TIP OF CARTER LAKE.

    This is a request for approval of a Preliminary Plat for: (a) a Conservation Development to divide 43 acres into 2 lots for single family residential uses in the O-Open Zone District, & (b) 20% reduction in residual land. Staff recommendation is approval of the Whaley Conservation Development with the following conditions 1. The applicant shall provide proof of Water Well Permit, issued by the State of Colorado, prior to approval of the Final Plat; 2. Identify "Building Envelopes" on the preliminary plat, which conforms to minimum setback requirements of the "O"-Open Zone. Building Envelops to be identified on the Preliminary Plat, prior to a public hearing by the Larimer County Commissioners; 3. Comply with the requirements identified by the Larimer County Engineer in the attached memo, dated November 1,2000; 4. Provide additional information as requested by the Larimer County Health Department regarding Well Water Supply and Stormwater Diversion. Information to be provided to the satisfaction of the Larimer County Health Department prior to approval of a Final Plat; 5. Comply with the requirements of the Berthoud Fire Protection District regarding minimum fire flows as identified in the attached memo, dated September 5, 2000. Applicant to provide proof of compliance, prior to submitting an application for a Final Plat; 6. Comply with the recommendations of the Colorado Geological Survey. (a) complete a rockfall analysis on Lot 1; (b) map the property's slope in order to evaluate for slope stability; and (c) assess the swell behavior of the subgrade material located below any proposed building foundations; 2. Fees to be collected at building permit issuance for new single family dwellings in the amount current at time of issuance are Thompson RJ-1 School fee; Larimer County fees for County and Regional Transportation Capital Expansion and Larimer County Park fee in lieu of dedication.

    3. HANSEN EXEMPTION: 15-7-71; 20533 BUCKHORN ROAD, ABOUT 8 MILES NORTHWEST OF MASONVILLE

    This is a request to grant an exemption to approve a lot that was created after the effective date of Senate Bill 35 without benefit of approval by the County Commissioners. Staff recommendation is approval of the Subdivision Exemption for the Hansen property in Section 15, Township 7 North, Range 71 West of the 6th P. M.

    M O T I O N

    Commissioner Bender moved that the Board of County Commissioners approve the Vista @ Cottonwood Shores Amended Plat #01-S1737; Whaley Conservation Development #00-S1575 and Hansen Exemption #01-G0023 as presented and amended above.

    Motion carried3 - 0.

    4. OBRECHT ZONING VIOLATION: DUPLEX, 1321 & 1325 SW 36TH STREET, LOVELAND, CO 80537

    Ms. DeLude stated that upon recent inspection of the property, it is in compliance and requested the item be removed from the agenda.

    There being no further business, the hearing was adjourned at 3:05 p.m.

    TUESDAY, MARCH 27, 2001

    ADMINISTRATIVE MATTERS

    (19 & 20)

    The Board of County Commissioners met with Frank Lancaster, County Manager; Chair Rennels presided and Commissioners Bender and Gibson were present. Also present were Jeannine Haag and Brian Treu, Assistant County Attorney's; Nancy Meginness, Coordinator for the Larimer Center for Mental Health Sexual Assault Victim Advocate Program; Kathryn Rowe, Purchasing Manager; Ralph Jacobs, Director of Human Resources; Jim Alderden, Larimer County Sheriff; Claudia DeLude, Code Enforcement Officer; Al Kadera and Matt Lafferty, Planners II; Rex Burns, Project Engineer; Mark Peterson, County Engineer; and Jean O'Connor, Clerk to the Board.

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

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

M O T I O N

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

Motion carried 3 - 0.

3. APPROVAL OF THE SCHEDULE FOR THE WEEK OF APRIL 2, 2001:

M O T I O N

Commissioner Bender moved that the Board of County Commissioners approve the schedule for the week of April 2, 2001 as amended.

Motion carried 3 - 0.

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

4. 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 27, 2001:

PETITIONS FOR ABATEMENT: As recommended by the County Assessor, the following petitions for abatement are approved Ahern; All Group, Inc.; Buhrman; Heyne-Schuster Co; Mountain States Manufacturing; Heyne-Schuster Co; Palmer Plaza Shopping.

A01-47 DEVELOPMENT AGREEMENT AND RESIDUAL LAND USE RESTRICTIONS FOR INDIAN RIDGE ESTATES RURAL LAND PLAN

A01-48 DESIGN-BUILD AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND HENSEL PHELPS CONSTRUCTION COMPANY FOR THE NEW ADMINISTRATION BUILDING

A01-49 CONSULTING AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND DIVERSIFIED COMPUTER CONSULTANTS, LLC

C01-21 UMBRELLA CONTRACT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND STATE OF COLORADO FOR THE USE AND BENEFIT OF THE DEPARTMENT OF LOCAL AFFAIRS, DIVISION OF LOCAL GOVERNMENT, AND OFFICE OF EMERGENCY MANAGEMENT

R01-50s RESOLUTION FOR STATUTORY VESTED RIGHTS FOR INDIAN RIDGE ESTATES RURAL LAND USE PLAN

R01-51g FINDINGS AND RESOLUTION CLARIFYING REQUIREMENTS OF THE PLATTE RIVER POWER AUTHORITY INTERGOVERNMENTAL AGREEMENT

R01-52g RESOLUTION REQUIRING A SPECIAL AREA PLAN FOR DOUGLAS ROAD

R01-53s RESOLUTION REGARDING RELEASE OF COLLATERAL FOR THE REIF MINOR RESIDENTIAL DEVELOPMENT

R01-54s FINDINGS AND RESOLUTION DENYING A FEE REDUCTION FOR THE VAN HORN RIDGE PLANNED DEVELOPMENT

MISCELLANEOUS: Indian Ridge Estates Rural Land Use Plan Final Plat; Moulton Minor Land Division; Wolcott Minor Land Division; Nokomis Lake Subdivision Lots 19, 20 and 21 Block 23 Amended Plat; Highland Place Amended Plat of Lots 29 B & C; Corley-Hurley Minor Subdivision/Boundary Line Adjustment.

LIQUOR LICENSES: The following licenses were approved Riverbend Resort- 3.2%- Loveland, CO; Glen Haven General Store- 3.2%- Glen Haven, CO; Total #4133- 3.2%- Loveland, CO. The following license was issued Glen Haven Inn- 6%- Glen Haven, CO.

Motion carried 3 - 0.

5. PROCLAMATION FOR SEXUAL ASSAULT AWARENESS MONTH: Ms. Meginness requested the Board proclaim April as Sexual Assault Awareness Month and noted the Governor will be proclaiming the same for the State of Colorado. Commissioner Gibson read the proclamation for the record.

M O T I O N

Commissioner Bender moved that the Board of County Commissioners proclaim April as Sexual Assault Awareness Month.

Motion carried 3 - 0.

6. REQUEST FOR WAIVER OF PERSONNEL POLICY FOR TRANSFERRED EMPLOYEE: Ms. Rowe stated that a Road & Bridge employee, Ms. Feit, has applied for and been offered a Purchasing Secretary II position; which results in a large cut in pay for Ms. Feit. Ms. Rowe stated that 12 applicants were interviewed and Ms. Feit was the only applicant with Oracle experience, which will be very beneficial to Purchasing. Ms. Rowe requested and Mr. Jacobs concurred, a waiver of County policy to hire Ms. Feit at her current Grade 146, noting that due to vacancy savings, the current Purchasing budget can absorb the difference for this year. Next year, however, there will be a shortage of approximately $3,000 - #3,500 dollars. Mr. Jacobs noted that Road & Bridge will fill the vacancy of Ms. Feit at a lower wage so there would be a budget savings in that department. Commissioner Bender asked if Road and Bridge has agreed to transfer the budget savings to Purchasing and Mr. Jacobs stated no. Mr. Lancaster informed the Board that the overall County budget will not be affected and that if Road & Bridge agrees, the savings can be transferred to Purchasing. Chair Rennels noted that the Board just signed a design/build agreement for a new Administration Building, and therefore agreed to remain within the budget. If Road & Bridge agrees to transfer the savings, then Chair Rennels could concur with Ms. Feit retaining current salary. Chair Rennels suggested the item be tabled or be acted on with that contingency. Mr. Lancaster suggested that this request be approved by the County Manager provided Road and Bridge agrees to transfer the salary savings to Purchasing. Commissioner Gibson requested that the salary for Ms. Feit not be adjusted until such time that the market for the Secretary II position warrants such. Ms. Rowe noted that Ms. Feit would be agreeable with such a salary freeze.

M O T I O N

Commissioner Bender moved that the Board of County Commissioners authorize the County Manager to approve waiving County Policy Section 504 and allow Ms. Feit to transfer to Purchasing as a Secretary II and at her current pay grade if the Road & Bridge Department agrees to transfer salary saving to Purchasing. The transfer of Ms. Feit at a Grade 146 Purchasing Secretary II shall remain the same until such time that the market increases to catch up with a Grade 146.

Motion carried 3 - 0.

7. PROPOSAL FOR SHERIFF'S DEPARTMENT 457 PLAN: Mr. Jacobs stated that he and Mr. Lancaster have worked for the past several months on an Enhanced Deferred Compensation Plan for sworn deputies within the Sheriff's Office in order to improve the County's competitive position along the front range. The 457 Plan is in addition to the mandatory county retirement contributions, allowing the deputies to contribute a maximum of 6% toward retirement in both plans. If a deputy chooses to contribute 3% to the 457 Plan, the County will increase the deputy's salary to help pay for that 3%. The 457 Plan, Mr. Jacobs continued, is voluntary and provides an accelerated contribution plan. An eligible Sheriff's Department employee can contribute up to an additional 3% in the 457 Plan and the County will contribute a matching 3%; the deputy is immediately vested with the entire 6% in the 457 Plan.

Mr. Jacobs noted that this plan was discussed during budget hearings last year and is allocated in the Sheriff's budget for this year. Mr. Lancaster noted that other departments requested this type of retirement plan for employees, but the law enforcement market supports this standard type of benefit for deputies; and is consistent with the Board's policy to be market competitive.

Mr. Jacobs noted that the second paragraph under example in the "Taxation" section would be deleted if the Board takes affirmative action on the 457 Plan and requested the plan be effective April 1, 2001.

M O T I O N

Commissioner Gibson moved that the Board of County Commissioners approve the Larimer County Sheriff's Deputies Enhanced Deferred Compensation Program (457 Plan) as proposed and amended with an effective date of April 1, 2001.

Motion carried 3 - 0.

8. DISCUSSION OF MUNIZ ZONING AND RIGHT-OF-WAY ISSUE: Chair Rennels stated that there seems to be "cumulative impacts" on the Muniz property, many of which are no fault of the property owner. Mr. Burns explained the history of the site, lack of drainage in the area; which has been compounded by surrounding development, and the circumstances/impacts which has lead to the current zoning violation on the property. Much discussion ensued.

Chair Rennels noted that zoning, planning, drainage and Road & Bridge issues exist with the Muniz property and suggested a work session with all parties to address them

9. LETTER OF SUPPORT TO MAKE TECHNICAL CORRECTION TO CACHE LA POUDRE CORRIDOR LEGISLATION: Mr. Lancaster stated that this Corridor Commission was authorized a few years ago, but to date has not been funded. The technical error, Mr. Lancaster stated, is that those citizens appointed to serve on the Commission must live within the Poudre River flood plain. Obviously, Mr. Lancaster noted, County regulations don't allow citizens to live within the flood plain. Also, the legislation requires the Governor to make appointments to the Commission. Mr. Lancaster noted that it is unconstitutional for a state governor to make appointments to a Federal Commission. Mr. Lancaster requested the Board approve and sign a letter of support to Senators Allard and Knighthorse-Campbell, correcting the technical errors.

M O T I O N

Commissioner Bender moved that the Board of County Commissioners approve and sign a letter of support for changes to the Cache La Poudre Corridor Legislation.

Motion carried 3 - 0.

10. WORK SESSION: Mr. Lancaster noted a coordinator is needed for the Commission on Community Service and suggested Ms. La Rue serve as coordinator effective April 1, 2001.

M O T I O N

Commissioner Gibson moved that the Board of County Commissioners approve Ms. La Rue as Coordinator for the Commission on Community Service.

Motion carried 3 - 0.

Mr. Lancaster noted that a year or so ago, Larimer County produced a "Customer Service" video in which, the previous Board members made statements. Mr. Lancaster asked if Commissioners Bender and Gibson would be interested in making their own statements, which would then be spliced into the video. Commissioners' Bender and Gibson agreed to make statements.

Mr. Lancaster updated the Board regarding the audio streaming of Administrative Matters or any other meeting held in the Commissioner's Conference Room. Mr. Lancaster stated that he spoke with District Attorney VanMeveren and noted that all participants must be informed of the live broadcast/recording prior to the start of any meetings. Currently, Mr. Lancaster continued, when the red "In Session" light outside the conference room is illuminated, the speakers are on. A light will be installed next to the "toggle switch" inside the conference room in the near future.

Ms. O'Connor requested an amendment to the Ristvue II Preliminary Rural Land Plan minutes of February 26, 2001. The amendment, Ms. O'Connor continued, is to add a condition #10 to read, "A Weed Management Plan shall be submitted and approved by the Rural Land Use Center Director prior to final plat approval". This additional condition was discussed during the public hearing, but was not included in the final motion.

M O T I O N

Commissioner Bender moved that the Board of County Commissioners amend the minutes of the February 26, 2001 3:00 p.m. Land Use Hearing for Ristvue II, to reflect the additional condition as stated above.

Motion carried 3 - 0.

11. COMMISSIONER REPORTS: Commissioner Bender stated that he attended the 4H Carnival and an Open Lands meeting and noted that Open Lands will be addressing options for long term maintenance for open space. Commission Bender also noted that he attended the Affordable Housing meeting and noted Mr. Doten encouraged the committee to join the Coalition for Regional Planning and Regional Government/ Council of Regional Governments (COG). Commissioner Bender stated that an affiliation with COG would get the Affordable Housing Committee involved in other issues, which do not pertain to affordable housing, but the committee voted to join COG anyway.

Commissioner Gibson stated he also attended the 4H Carnival and was told several times by organizers, how much it meant to have all three Commissioners in attendance. Commissioner Gibson also noted that he attended some meetings regarding drainage issues within the City of Loveland and that he would be meeting with City staff to see how the issues would be addressed.

Chair Rennels also enjoyed the 4H Carnival and noted that a "Kick-off" check for the Event Center Fundraising Campaign was received in the amount of $1,000 from several County employees. Chair Rennels also noted that she attended a Livermore/Cherokee Park Road meeting to address road issues and a Livermore Community meeting to discuss current mechanisms available to preserve land.

12. LEGAL MATTERS: Mr. Lafferty requested direction from the Board regarding a parcel of land located 1-mile south of the Colorado/Wyoming line and on the east side of Hwy 287. The parcel of land, Mr. Lafferty continued, is less than 10-acres, is separated from the remainder of the property by Hwy 287 and was inadvertently omitted when the land was subdivided into additional parcels. Mr. Lafferty noted that the situation is appears to be an innocent oversight by all parties. Consensus of the Board is for the property owner to proceed through the exemption process and public hearing and waive the County fee.

_______________________________

KATHAY RENNELS, CHAIR

BOARD OF COMMISSIONERS

MYRNA J RODENBERGER

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.