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MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

Monday, March 11, 2002

LAND USE HEARINGS

(#21)

The Board of County Commissioners met with Larry Timm, Director of Planning; Chair Gibson presided and Commissioner Rennels was present. Also present were Rob Helmick, Senior Planner; Claudia DeLude, Code Enforcement Officer; Doug Ryan, Environmental Planner; Jeannine Haag, Assistant County Attorney; and Gael Cookman, Recording Clerk.

Chair Gibson stated that the following items are consent and would not be discussed unless requested by the Board, Staff, or members of the audience.

1. GLEN HAVEN LOTS 7, 8 & 9, BLOCK 4 AND LOT 9, BLOCK 6 AMENDED PLAT: SW 1/4 OF SECTION 27, TOWNSHIP 6, RANGE 72 WEST; OFF LOCATED WEST OF GLEN HAVEN ON FOX CREEK ROAD

This is a request for an Amended plat for lots Lots 7, 8 & 9, Block 4 and Lot 9, Block 6 to correct the encroachment of an existing residential structure and combine 4 lots into 2. Staff recommendation is approval of the amended plat for lots Lots 7, 8 & 9, Block 4 and Lot 9, Block 6 of the Glen Haven Subdivision with the following conditions 1. The applicant shall comply with the Engineering Department requirements as noted in the memo of 1/23/02 from Dale V. Greer, Professional Land Surveyor; 2. The lots shall be renumbered to conform to the naming standard for lots and shall be numbered Lots 1 and 2, not Lots 7 and 8A; 3. The plat shall include the following note: "The new lots created by this action are subject to the same restrictions, covenants and regulations as set forth in the plat of record of Glen Haven Subdivision"; 4. The plat shall include a utility easement for existing services; 5. All conditions shall be met and the Final Plat recorded by September 11, 2002 or this approval shall be null and void.

2. AMENDED PLAT OF PORTIONS OF BLOCKS 11-13 GLEN HAVEN SUBDIVISION: SE 1/4 AND SW 1/4 OF SECTION 28, TOWNSHIP 6, RANGE 72 WEST; LOCATED ALONG FOX CREEK ROAD IN THE GLEN HAVEN SUBDIVISION.

This is a request for an amended plat for lots Lot 48, portions of Lots 36, 47, and 49; Block 11 and Lots 44, 45, 46, 47, 48, and 49 and portions of Lots 36, 37, 40, 41, 42, and 43; Block 12, and portions of Lots 42 and 43; Block 13 Glen Haven Subdivision and portions of 28-6-72 eliminate displacements and encroachments as reflected in the 1978 BLM survey. The Amended Plat will re-describe the property boundaries. Staff recommendation is approval of the amended plat for lots Lot 48, portions of Lots 36, 47, and 49; Block 11 and Lots 44, 45, 46, 47, 48, and 49 and portions of Lots 36, 37, 40, 41, 42, and 43; Block 12, and portions of Lots 42 and 43; Block 13 Glen Haven Subdivision and portions of 28-6-72 with the following conditions 1. The applicant shall comply with the Engineering Department requirements as noted in the memos dated 1/3/02 and 2/6/02 from Dale V. Greer, Professional Land Surveyor; 2. The plat shall include the following note: "The new lots created by this action are subject to the same restrictions, covenants and regulations as set forth in the plat of record of Glen Haven Subdivision"; 3. All conditions shall be met and the Final Plat recorded by September 11, 2002 or this approval shall be null and void.

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners approve the Glen Haven Lots 7, 8 & 9, Block 4 and Lot 9, Block 6 Amended Plat and the Amended Plat of portions of Blocks 11-13 Glen Haven Subdivision.

Motion carried 2-0.

3. AHNSTEDT ZONING VIOLATION: 2813 S. TAFT HILL ROAD, Fort Collins

This is an alleged violation of the Larimer County Land Use Code Section 4.1.2: Regulations for the FA-1 Farming Zoning District and Section 4.3.10(D): (THE USE OF) Storage Buildings, Barns & Garages. CRS 25-1-613 Storage/Disposal of Waste which constitutes a public nuisance (as noted by the Larimer County Department of Health and Environment). Staff findings include 1. The property is zoned FA-1 Farming; 2. The FA-1 Farming district does not permit outdoor storage; 3. The property owner/occupant has made very little progress, if any, in the clean up of this parcel; 4. Semi trailers are not permitted to be used as storage buildings, per the Larimer County Land Use Code; 5. The continued use of the property, in violation of the Larimer County Land Use Code, will affect property values in the neighborhood; 6. No building permits have been applied for, for any alleged interior remodel work; 7. The trash and debris are an attractive source of food and shelter for disease-carrying rodents and flies which poses a public health threat to the neighborhood. Staff recommendation is 1. Find that a violation exists; 2. Require compliance within 90 days. Compliance would require that all outside storage of household furniture, trash, newspapers, pallets, boxes, building materials or other miscellaneous junk be removed and that the semi trailer also be removed from the parcel; and 3. Authorize legal action if the deadline is not met.

At this time Chair Gibson asked if the property owner was present. Jack Ahnstedt approached the podium and stated that he was the son of the property owner, Ms. Gearldine Ahnstedt, and that he would be speaking on her behalf. Mr. Ahnstedt explained that they have already begun cleanup of the property in question, and he willingly agreed to meet the 90-day compliance for complete cleanup of this site.

Chair Gibson opened the meeting for public comment and Susan Taylor, neighbor to the Ahnstedt property, stated that she was glad to hear Mr. Ahnstedt was cleaning up the property and that he would comply with the 90-day requirement to fully clean this site. Ms. Taylor stated that she was the Vice President of the Hampshire Pond Home Owner's Association and that the concerns of the neighborhood had to do with aesthetics and property values.

Chair Gibson closed public comment and asked for discussion. Commissioner Rennels stated that since the property owner was in agreement, she would also support the staff recommendation of 90-day compliance to clean the site.

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners find that a violation exists, and require compliance within 90 days. Compliance would require that all outside storage of household furniture, trash, newspapers, pallets, boxes, building materials or other miscellaneous junk be removed and that the semi trailer also be removed from the parcel. Legal action is also authorized if the deadline is not met.

Motion carried 2-0.

Meeting adjourned at 3:10 p.m.

TUESDAY, MARCH 12, 2002

ADMINISTRATIVE MATTERS

(#20 & 21)

The Board of County Commissioners met at 9:00 a.m. with Frank Lancaster, County Manager; Chair Gibson presided and Commissioners Rennels and Bender were present. Also present were: Ralph Jacobs, Human Resources Director; Matt Lafferty, Planner II; Diana Stevens, Veteran's Services Officer; Marc Engemoen, Public Works Director; Roxann Hayes, Senior Civil Engineer; Andrew Barnebey, Senior Engineering Technician; Cliff Davidson, Executive Director MPO; Margie Joy, Public Participation and Outreach Manager MPO; Myrna Rodenberger, Clerk & Recorder; Scott Doyle, Chief Deputy Clerk & Recorder; Mary Skipworth, Elections Specialist; Ed Haynes, Republican Party Chair; Abe Denmark, Democrat Party Chair; Bob Keister, Budget Manager; Stu VanMeveren, District Attorney; Linda Coxen, District Attorney Administrator; Justin Smith, Captain Sheriff's Department; Steve Bebell, Lieutenant IS Manager Sheriff's Department; Steve Gillette, Assistant Director of Natural Resources; George Hass, County Attorney; Deni La Rue, Community Information Manager; and Gael Cookman, Recording Clerk.

1. PUBLIC COMMENT: Ken Siefert addressed the Board and asked about the employment of veterans and disabled veterans with regard to construction of the new building. Mr. Jacobs explained Larimer County's process in awarding veterans preference points in conjunction with those jobs that require some sort of testing, but stated that he could not comment on the employment of veterans regarding the contracted companies. Some discussion ensued, and the Board thanked Mr. Siefert for bringing this to their attention and stated that they would be in touch with Mr. Siefert regarding this issue.

Joe Shrader, Kristen and Jay Arzooyan, and Mike Bauer addressed the Board with their concerns regarding issuance of Certificates of Occupancy and Temporary Certificates of Occupancy in their neighborhood. Mr. Lafferty explained that they could not issue Certificates of Occupancy until the road issues are resolved. Much discussion ensued and the Board directed Engineering staff to visit the site again and to report back on the progress that has been made. The Board also directed Mr. Lafferty to work on figuring a reasonable amount of collateral the developer should put forth until this issue is resolved.

  1. APPROVAL OF MINUTES FOR THE WEEK OF MARCH 4, 2002:
  2. M O T I O N

    Commissioner Rennels moved that the Board of County Commissioners approve the Minutes for the week of March 4, 2002.

    Motion carried 3-0.

  3. APPROVAL OF SCHEDULE FOR THE WEEK OF MARCH 18, 2002:
  4. M O T I O N

    Commissioner Bender moved that the Board of County Commissioners approve the Schedule for the week of March 18, 2002.

    Motion carried 3-0.

  5. APPROVAL OF CONSENT AGENDA:

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners approve the following items as listed on the Consent Agenda, March 12, 2002:

Abatements: Ackerman, Eldon; Adamich, Beulah; Albrecht, Roger & Martha; Bath, Harry & Marcia; Battaglia, Elissa et al; Bennett, Frank Trustee; Bonser, Joan; Brehm, Robert & Charlene; Brunk, Terry & Isabel; Cargle, Helen; Christiansen, Brad; Coria, Dave; Cox, Mary; Crego, Ronald, Leland & Lois; Drage, Tyler; Duncan, L Dean & Marlene; Famleco; Felker, Danny & Ruth; Finn, Gregory; Fisher, Jack & Julie; Fox Meadows II; Frank, Carolyn & Ackerman, Trulie; Garcia, Linda & Huntsman, Leo; Grimm, Theodore; Creczek, Muriel; Grorey, Cynthia & Michael; Hamlet, Rosalie; Heys, John & Sandra; Hobert, Richard & Mary; Howe, Charles; Hudek Family Living Trust; Hughes, Samuel & Heidemarie; Jackson, Nancy; Kitchen, John & Bette; Korthius, Mike & Anna; Kreutzer, Jack & Myrtie

Liquor Licenses: Approval was issued to the following establishments: Classic Catering - 6% - Fort Collins, CO; Columbine Lodge - 3.2% - Bellvue, CO.

Miscellaneous Documents: Approve request for reinstatement of forfeited vacation leave for Robert Holt; approve appointment of Maryjean Barela and Maurine Sanford to the Red Feather Mountain Library District.

C02-08 SECOND SUPPLEMENTAL CONSULTANT CONTRACT NO. 3 FOR CR 19 BR AT POUDRE RIVER BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND LORIS AND ASSOCIATES OF BOULDER, COLORADO

R02-49s FINDINGS AND RESOLUTION APPROVING THE EAGLE CLIFF CONDOMINIUMS MAP

R02-50g RESOLUTION ESTABLISHING COMPENSATION FOR DISTRICT ATTORNEY APPOINTED OFFICIAL KIMBERLY ROBBINS

Motion carried 3-0.

5. DISCUSSION WITH THE ROCK BAR - REQUEST TO MODIFY CONDITIONS: Tom Grandbois and Bob Buchie requested that the Board waive the requirement of The Rock having to post a deputy on site for Wednesday nights. Mr. Grandbois noted that Wednesday nights have historically been very busy, but for the past month there has been a steady decline in customers; he explained that the past Wednesday night he only made $550.00 in sales and had to pay $360.00 for the deputy, in addition to paying his regular staff and other operating costs. Mr. Grandbois asked for a temporary dismissal of the deputy requirement for Wednesday night to be reviewed in six months.

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners modify the conditions and not require a Sheriff's Deputy on Wednesday nights at The Rock Bar. This modification will be in effect for a period of six months unless the incident reports from the Sheriff's Department show an increase in activity during this time frame.

Motion carried 3-0.

6. UPDATE ON NORTH FRONT RANGE METROPOLITAN PLANNING ORGANIZATION: Mr. Davidson and Ms. Joy presented a slide show for the Board concerning the creation of the North Front Range Metropolitan Planning Organization (MPO); he explained the process involved with forming an MPO and insuring proper funding would be available to support this effort. Some discussion ensued and Mr. Davidson explained that they are still in the beginning stages of this project and he welcomed the Board's feedback as they progressed through this process.

7. APPROVAL OF PROPOSED PRECINCT MAPS: Mr. Doyle explained that the revised precinct maps are a result of the reapportionment, which caused the need to redraw Congressional, House, Senate, and Commissioner precinct boundaries. Mr. Doyle noted that both the Republican and Democrat Party Chairs, Ed Haynes and Abe Denmark, were present in support of the new maps.

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners approve the new precinct maps as presented.

Motion carried 3-0.

R02-51g RESOLUTION TO ESTABLISH PRECINCTS

8. RECORDS AND JAIL MANAGEMENT SYSTEM: Captain Smith and Lieutenant Bebell requested Board approval to hire a Full Time Employee (FTE) to serve as project manager in securing a new Records and Jail Management system, and once the system is purchased and in place, this person will also serve as the programmer responsible for maintaining the system daily. Captain Smith explained that the Sheriff's Department will fund the position for the remainder of 2002, but then the County's General Fund would be responsible for funding the position thereafter. Chair Gibson asked why the Information Management Department would not provide the programmer and support for this system. Lieutenant Bebell explained that Information Management does not provide 24-hour support, seven days a week, which is necessary for their operation; he also explained that the position would allow the system to be contained within the law enforcement authority. Mr. Lancaster presented a handout that the IMS Director had submitted as an addendum to this request for the Board to consider. Chair Gibson asked about the public records portion and how those records would be accessed. Lieutenant Bebell explained that their goal for the new system is to allow non-confidential information to be accessible on line and provide significant web reporting as well. Mr. Keister noted that if the County funds this position then it would decrease the likelihood of being able to add more patrol officers next year.

M O T I O N

Commissioner Bender moved that the Board County Commissioners approve adding one FTE for the Sheriff's Department for the remainder of 2002 to assure continuation with the RFP process for acquisition of a new Records and Jail Management System.

Motion carried 3-0.

Mr. Lancaster recommended adding the addendum from the IMS Director to the motion.

M O T I O N

Commissioner Bender moved that the Board of County Commissioners include the recommendations of the IMS Director with regards to hiring the FTE for the Sheriff's Department. The recommendations include: 1. By the end of March 2002, the Sheriff's Office and IMS will meet, document, and agree to the definition of "IMS's involvement" regarding roles, responsibilities, processes, etc. regarding the new RMS/JMS project as it moves forward. 2. IMS will outline ongoing roles and responsibilities between IMS and Sheriff in the Service Level Agreement currently being developed. 3. Steve Bebell, outside consultant or some other qualified staff member will perform the Project Management role. Most likely the person they get to fill the Programmer/Analyst II position they are requesting will not have the necessary skill set to perform Project Management functions. 4. The additional Programmer/Analyst II position is the only position the Sheriffs' Office will be requesting/need to support the RMS/JMS System and related software applications. This position is needed to begin learning the Sheriffs' business, be vendor liaison, perform necessary reporting to meet ad-hoc and National and Colorado Incident Based reporting, and provide 7X24 operation support of the system. 5. Based on the previous statement, this is an ongoing position needed, not just this year as stated in the request. "Requested Action: We request permission to add one FTE the Programmer/Analyst II for the remainder of 2002 to assure that we can continue with the RFP process." 6. The Sheriffs' Office will fund the salary of this person during 2002 and then the General Fund must pick up ongoing salary costs from 2003 and beyond. 7. The Sheriffs' Office will fund out of existing budgets all necessary expense's (furniture, PC, telephone, network connection, training costs, etc.) to add this staff member. If not, Sheriff Office must work with IMS and Budget Office to determine appropriate expenses and funding for these ancillary items.

Motion carried 3-0.

9. U.S. DEPARTMENT OF JUSTICE GRANT: Mr. VanMeveren explained that he applied for and received a federal grant in the amount of $120,000 to cover a three year period to fund a full time prosecutor to work in the area of violent crimes and gun crimes. Mr. VanMeveren stated that with the addition of a new judge last fall, he recognized that there would be a need to for an additional attorney to help with the workload and he applied for the grant in hopes that it would help with funding this position for at least the first three years. Mr. VanMeveren requested Board approval to accept the grant and authorize a 1.0 Deputy DA FTE; he further explained that the annual on going costs for this position are $53,340 in salary and benefits, and approximately $1650 in annual operation costs, along with a one time cost of $3000 for a PC and necessary furniture. The Board thanked Mr. VanMeveren for applying for the grant and felt that since this is a position that would ultimately have to be approved anyway, it is to the County's benefit to have a portion of it funded by a grant at least for the first three years.

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners approve 1 FTE Deputy DA and $1650 in annual operational expenses and one time start up costs of $3000 and confirm the funding from the US Department of Justice for $40,000 per year, for three years, towards salary.

Motion carried 3-0.

10. TRASH ON DAVIS RANCH ROAD: Mr. Engemoen presented the Board with numerous pictures which revealed a serious problem in different areas of the county, namely those areas in the canyons, in which trash service is limited due to the narrow, steep roads. He explained a particular situation in Rist Canyon at the Davis Ranch Road, which is where a communal trash collection service center is being utilized by some of the residents in the area. Mr. Engemoen noted that the residents bring their trash to this area and the trash hauler picks it up once a week; he also explained that this practice is taking place in the public right-of-way. Mr. Engemoen stated that this practice has attracted bears to this location, which is in close proximity to a school bus site. He further explained that some residents have strongly objected to this practice and are requesting that the County take action to prohibit it. Mr. Engemoen presented the Board with a number of options on how to best handle the situation and asked for direction from the Board. Much discussion ensued on how best to handle this situation, and the Board felt that if using the public right-of-way were to be allowed, then the trash would need to be placed in bear resistant containers, and possibly with key locks so that only those that are paying for the service could use the containers. The Board asked Mr. Engemoen to draft a letter to the waste haulers and guidance to the homeowners describing this, especially since there has been no real public process on this issue to date. Mr. Engemoen stated that they would also have to do some investigation regarding limitations on size and types of containers in the public right-of-way.

11. WORKSESSION: Mr. Lancaster presented a letter of support for the Board to sign prioritizing grant requests; he noted that the only request they have received thus far is support for an EMS grant to provide EMS training at Front Range Community College. The grant will be issued from the State, but the Board has to endorse and prioritize these requests.

M O T I O N

Commissioner Bender moved that the Board of County Commissioners authorize the Chair to sign the letter of support for the Front Range Community College 2002-2003 EMS Grant Application.

Motion carried 3-0.

Mr. Lancaster then presented the Board with a Development Agreement for the Fairgrounds, noting that there have been some editorial changes to the document, nothing of substance, mainly just some typographical errors, and the Board will have to re-sign the document. He explained that the City of Loveland will be faxing the changed document and asked the Board to authorize the Chair to sign the revised document, when received, subject to review.

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners authorize the Chair to sign the revised Development Agreement for the Fairgrounds subject to review.

Motion carried 3-0.

A02-30 LARIMER COUNTY FAIRGROUNDS DEVELOPMENT AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE CITY OF LOVELAND

12. COMMISSIONER REPORTS: Commissioner Bender noted that he attended the Extension Advisory Committee meeting and learned that the County had not funded a Natural Resources Extension position; he further stated that he is considering the possibility expanding the position of the Larimer County Forester and utilizing his expertise to do some of the Extension work as well.

Chair Gibson stated that he met with the Mayor of Loveland, and with the North Front Range Transportation Advisory Committee, and that he participated in a mock trial held by some high school individuals. Chair Gibson also congratulated Commissioner Rennels on her selection as the 2002 Vice Chair of the Board of Trustees for Funding Partners.

Commissioner Rennels noted that she attended a CCI meeting and that numerous tax issues were discussed.

13. LEGAL MATTERS: Mr. Hass stated that they would need to go into Executive Session for confidential legal advice.

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners go into Executive Session for legal advice concerning possible litigation as outlined in 24-6-402-(4) (b).

Motion carried 3-0.

Executive Session ended at 12:05 p.m., no further action taken.

_________________________________________

GLENN W. GIBSON, CHAIR

BOARD OF COUNTY COMMISSIONERS

MYRNA J. RODENBERGER

LARIMER COUNTY CLERK & RECORDER

( S E A L )

ATTEST:

_________________________________

Gael M. Cookman, Deputy County Clerk

Background Image: Rocky Mountain National Park by Sue Burke. All rights reserved.