MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

Monday, August 4, 2003

BOARD OF EQUALIZATION

The Board of Equalization met with Gael Cookman, Clerk's Office; Chair Bender presided and member Rennels was present. Ms. Cookman requested the Board approve the recommendations of the referees for July 29th, 30th and August 1, 2003 as presented.

MOTION

Member Rennels moved that the Board of Equalization approve the recommendations of the referees for July 29th, 30th and August 1, 2003 as presented.

Motion carried 2-0.

There being no further business, the Board of Equalization adjourned and the Board of County Commissioners convened.

LAND USE HEARING

(No Audio Available)

The Board of County Commissioners met with Rob Helmick, Senior Planner; Chair Bender presided and Commissioners Gibson and Rennels were present. Also present were Geniphyr Ponce-Pore, Planning Department; Doug Ryan, Health Department, Traci Downs, Engineering Department, Dawn Stroh, Clerk's Office, Jeannine Haag, Assistant County Attorney and Jean O'Connor, Recording Clerk.

Mr. Helmick requested that item #1, Lubin Zoning Violation be tabled to September 2, 2003 at 3:00 p.m.

MOTION

Commissioner Gibson moved that the Board of County Commissioner table the Lubin Zoning Violation to September 2, 2003 at 3:00 p.m.

Motion carried 3-0.

Chair Bender stated that the following items are consent and would not be discussed unless requested by the Board or members of the audience. Mr. Lee Frank requested item #2 Trails @ Vista Bonita be removed from consent.

3. WEIXELMAN-MAE MINOR LAND DIVISION: 19-8-69, APPROXIMATELY ONE MILE EAST OF THE INTERSECTION OF CR54G AND HIGHWAY 287.

This is a request for a Minor Land Division to divide a 44.7-acre parcel into 2 lots. Lot 1 is proposed at 34.7 acres, subject to additional review under the Land Use Code, and one 10-acre lot, with an existing single-family residence. Staff finding is that the proposed Weixelman-Mae Minor Land Division complies with the Review Criteria for Minor Land Divisions. Staff recommendation is approval with the following conditions and authorize the Chair to sign the plat when presented for signature 1. The plat shall be recorded by February 4, 2004 or this approval shall be null and void; 2. The road name shall be approved by Larimer County prior to recordation of the plat; 3. No building permits for a principle use shall be issued for Lot 2 until such time as Lot 2 is approved through the subdivision process and approved by the Board of County Commissioners.

4. AMENDED PLAT FOR CRYSTAL LAKES 11TH FILING, TRACT L: NW 1/4 OF 7-10-73, MORE SPECIFICALLY IN THE CRYSTAL LAKES SUBDIVISION, APPROXIMATELY 1/4 MILE NORTH OF THE INTERSECTION OF HURON RD AND TINY BOB RD.

This is a request to amend the plat of Crystal Lakes for Tract L and vacate those easements located on the common lot lines between these lots in order to create one buildable residential lot. Staff recommendation is approval with the following condition and authorize the Chair to sign the plat when presented 1. The Final Plat shall be recorded by February 7, 2004 or this approval shall be null and void.

  1. GRAYBILL PLANNED UNIT DEVELOPMENT RELEASE OF WARRANTY COLLATERAL/ESTABLISHING LANDSCAPE COLLATERAL FOR PHASE 224-05-69; APPROXIMATELY 1000' EAST OF SOUTH LINCOLN AVENUE, ON THE SOUTHEAST SIDE OF 8TH STREET IN LOVELAND

This is a request to release the warranty for public improvements and collateral for landscaping on Phase 1 and Phase 2. Staff recommends that the warranty collateral in the amount of $3,025.00 for the public improvements and for the landscaping in Phase 1 be released. The applicant shall provide landscaping collateral in the amount of $2,596.00 prior to the building permit being issued for Phase 2.

MOTION

Commissioner Rennels moved that the Board of County Commissioners approve the consent agenda as presented and outlined above.

Motion carried 3-0.

2. AMENDED PLAT, LOT 20, TRAILS AT VISTA BONITA SUBDIVISION: 11-07-68, APPROXIMATELY 200' NORTH OF INTERSECTION OF CAMINO DEL MUNDO AND ORILLA DEL LAGO

This is a request to amend the plat of Lot 20 of Trails at Vista Bonita Subdivision to allow the window well to encroach 2 feet into the setback. Staff recommendation is approval of the Amended Plat, Lot 20 at the Trail @ Vista Bonita Subdivision with the following conditions and authorize the Chair to sign the plat when presented for signature 1. Grates shall be installed on window wells facing the eastern property; 2. The Final Plat shall be recorded by February 4, 2004, or this approval shall be null and void.

Mr. Frank expressed safety concerns with window wells encroaching in the side setback.

Mrs. Ponce-Pore replied that egress windows are considered architectural features and therefore allowed encroachment.

Mr. Bill Gurski , the applicant, agreed to put grates on the window wells. Mr. Gurski also expressed that the County currently does not have code requirements for setback encroachments and that Kem Homes has met all other requirements.

Mr. Greg DeGroot, adjacent property owner, asked how future homeowners would know that the room should not be a sleeping room? Mr. Helmick replied that there would be a note in the file, which would flag the homeowner at time of building permit.

MOTION

Commissioner Gibson moved that the Board of County Commissioners approve the amended plat for Lot 20, Trails at Vista Bonita Subdivision as amended and outlined above.

Motion carried 3 - 0.

There being no further business, the hearing recessed at 3:25p.m.

The Board of County Commissioners reconvened at 6:30 p.m. with Russ Legg, Chief Planner; Chair Bender presided and Commissioners Gibson and Rennels were present. Also present were Jeannine Haag, Assistant County Attorney; Dawn Stroh, Clerk's office; and Jean O'Connor, Recording Clerk.

1. LARIMER COUNTY-TOWN OF TIMNATH INTERGOVERNMENTAL AGREEMENT (IGA) REGARDING GROWTH MANAGEMENT

This is a request for adoption of the proposed IGA dated April 8, 2003. Mr. Legg stated that some negotiations have taken place as requested by the Board at the May hearing, however there are still unresolved issues between the Town and the landowners.

Ms. Annalee Foster, Mayor for the Town of Timnath, stated that the Town Board of Trustees met and discussed mediation in early June, however the property owners/attorneys did not act until the end of July. Ms. Foster further noted that negotiations with a mediator should not affect the IGA, but would impact the next step, the supplemental regulations.

Mr. Jim Martell, attorney representing a majority of landowners within the proposed Growth Management Area (GMA), and they are not satisfied with the proposed IGA. Mr. Martell stated that at the previous hearing the Town Attorney and Mayor agreed to 3 out of 4 proposed changes, but now seem to be backing off those agreements. Sewer, Mr. Martell continued, was a major issue at the last hearing but is believed to be resolved at this point. Density, however, is still a significant and unresolved issue, and Mr. Martell noted that it is appropriate to table the item for 60-days.

Mr. Byron Collins, contractor for the Nelson property, stated that he and his client are anxious to proceed with the mediation process.

Ms. Kathy Haddock, Attorney for the Town, clarified that the Board is not considering annexation agreements at this hearing and that this IGA is different than others the County is involved with because all of the properties within the proposed GMA are contiguous to the Town. Annexation, Ms. Haddock continued, will be voluntary and if annexed, development would be at urban standards, if not, development would be at rural standards.

Ms. Foster reiterated that the Board of Trustees fully supports the IGA as proposed.

Mr. Rodney Nelson, property owner, stated that only one parcel of land is contiguous to the Town of Timnath and that his property is contiguous to the Town of Windsor. Mr. Nelson stated that he is unaware of how many issues have been worked on but that all need to be worked out before an IGA should be approved.

At this time the hearing was closed to the public and Mr. Legg clarified that the IGA, as proposed, does meet the desires of the Town and Larimer County. Chair Bender stated that the facilitation process requires additional time; Commissioner Gibson agreed.

Commissioner Rennels also concurred with Chair Bender and suggested tabling the item for 90-days, however at that time a decision should be made and not delayed again.

MOTION

Commissioner Gibson moved that the Board of County Commissioners table the IGA with Timnath to November 10, 2003 at 6:30 p.m.

Motion carried 3 - 0.

There being no further business, the hearing adjourned at 7:15 p.m.

TUESDAY, AUGUST 5, 2003

ADMINISTRATIVE MATTERS

(No Audio Available)

The Board of County Commissioners met with Neil Gluckman, Assistant County Manager; Chair Bender presided and Commissioners Gibson and Rennels were present. Also present were Jeannine Haag, Assistant County Attorney; Ralph Jacobs, Human Resources; Marc Engemoen and Mark Peterson, Engineering Department; Gael Cookman and Dawn Stroh, Clerk's office; Donna Hart, Bob Keister and Deni La Rue, Commissioner's office; Ginny Riley, Human Services and Jean M. O'Connor, Clerk to the Board.

  1. PUBLIC COMMENT: Mr. Jackson addressed the Board with concerns regarding the County's Purchasing Policy and the recent bid process for the jail. Mr. Jackson also requested clarification regarding the fire ban and the inclusion of the statements regarding outdoor welding/torching. Commissioner Gibson stated that a mistake regarding the lowest bid for the jail and has been made aware of the error. Commissioner Rennels stated that the Ordinance regarding fire bans is being revised and will more clearly define and address outdoor welding/torching. Commissioner Rennels stated that currently, a form of fire mitigation is required at the site of the outdoor welding/torching.

2. BOARD OF EQUALIZATION:

MOTION

Commissioner Rennels moved that the Board of County Commissioner recess and convene as the Board of Equalization.

Motion carried 3 - 0.

MOTION

Member Gibson moved that the Board of Equalization approve the recommendations of the referees for August 4, 2003.

Motion carried 3 - 0.

There being no further business, the Board of Equalization adjourned and the Board of County Commissioners reconvened.

3. APPROVAL OF THE MINUTES FOR THE WEEK OF JULY 28, 2003:

MOTION

Commissioner Rennels moved that the Board of County Commissioners approve the minutes for the week of July 28, 2003 as presented.

Motion carried 3 - 0.

4. REVIEW OF THE SCHEDULE FOR THE WEEK OF AUGUST 11, 2003: Ms. Hart reviewed the schedule with the Board.

5. CONSENT AGENDA:

MOTION

Commissioner Gibson moved that the following items be approved as presented on the consent agenda:

08052003A001 INTERGOVERNMENTAL AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE CITY OF EVANS, CITY OF GREELEY, TOWN OF JOHNSTOWN, TOWN OF KERSEY, CITY OF LOVELAND, COUNTY OF WELD, TOWN OF WINDSOR AND THE STATE OF COLORADO DEPARTMENT OF TRANSPORTATION (US 34 Access Control Plan)

08052003A002 AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND MOUNTAIN CONSTRUCTORS, INC. (Project #5004 Pleasant Valley Bicycle Trail)

08052003R001 FINDINGS AND RESOLUTION APPROVING THE OVERLAND PONDS APPEAL

MISCELLANEOUS: Certificate of matching funds for Byrne Grant

LIQUOR LICENSES: The following licenses were both approved and issued Dunraven Inn- H&R- Estes Park, CO; Custom Cakes and Catering, Inc- Optional Premises 3.2%- Fort Collins, CO; and Rainbow Plaza, Inc- Tavern- Loveland, CO. The following license was approved Big Thompson Canyon Volunteer Fire Department- Special Event 6%- Drake, CO.

Motion carried 3 - 0.

6. DISCUSSION OF THE COUNTY'S POSITION ON THE IMPLEMENTATION OF THE COLORADO BENEFITS MANAGEMENT SYSTEM (CBMS): Ms. Riley requested direction from the Board as to a response to the State regarding the implementation of CBMS and explained the original implementation plan and the current situation. A major issue, Mr. Riley continued, is that the State is currently requiring Counties to collect and store information (up to 2500 fields per case file) in a database prior to the CBMS roll out. Once the system is in place, the information in the database can not be transferred electronically, so County staff will need to re-enter all the information. An estimated cost for this data entry, Ms. Riley stated is approximately $530,000 for which the State says it has no money and Counties would need to absorb that cost.

Ms. Riley stated that staff is recommending that the State system allow final determination of benefits and release thereof, to be made solely by County staff. Under the proposed system, Ms. Riley continued, anyone, including non-county employees, could enter data and with an automatic overnight update, the wrong benefit amount is dispersed or no benefit at all, even though the County is responsible for all benefit disbursements. Ms. Riley also recommended a longer period of time to collect and enter data.

Mr. Gluckman suggested that if Counties pay to implement a State system, any agreement shall contain a reimbursement clause. Consensus of the Board is for Ms. Riley to respond with a "do not proceed unless" letter and list out the concerns as presented.

7. WORK SESSION: Mr. Keister noted that the preparation of the 2004 budget is forthcoming and staff is requesting a change in the method to increase pay increments from 2.5% to 1%. Mr. Jacobs stated that by utilizing 1%, employees would more accurately be at the 50% percentile and requested approval.

MOTION

Commissioner Rennels moved that the Board of County Commissioners approve the change to the calculation method to 1-% increments as needed for market adjustments.

Motion carried 3 - 0.

Mr. Engemoen presented a draft response letter to the City of Fort Collins regarding the Dry Creek Flood Control Project expressing concerns brought to the County's attention by affected property owners. These concerns, Mr. Engemoen continued, include the perception that the County has "dropped the ball" on the project, therefore the City has taken over; and that the City is re-designing the project without additional property owner input.

The letter, Mr. Engemoen stated requests Fort Collins staff to be sensitive to these concerns when discussing the project with property owners and that the City respect the amount of public input received during the development of the project. The Board concurred and suggested the letter be sent from Mr. Engemoen to the project manager at the City.

Chair Bender noted that the Environmental Advisory Board sent a letter to the Board recognizing Mr. Engemoen for hosting the "Recycle Summit" recently.

8. COMMISSIONER REPORTS: The Board noted their attendance at events last week. Commissioner Rennels stated that it is State Fair time and that, in the past, the Board has provided money to support the 4-H and FFA kids in the purchase of an animal and requested the same for this year.

MOTION

Commissioner Rennels moved that the Board of County Commissioners allocate $100 from Commissioner's Special Projects Fund to support 4-H and FFA and the purchase of an animal at the State Fair.

Motion carried 3 - 0.

9. LEGAL MATTERS

EXECUTIVE SESSION (No Audio Available)

MOTION

Commissioner Rennels moved that the Board of County Commissioners go into executive session at 10:55 a.m. and cited 24-6-402 (4)(f) C.R.S.

Motion carried 3 - 0.

Executive session ended at 11:10 a.m.; the following action was taken:

MOTION

Commissioner Gibson moved that the Board of County Commissioners approve a confidential personnel agreement.

Motion carried 3 - 0.

There being no further business, the meeting adjourned at 11:15 a.m.

WEDNESDAY, AUGUST 6, 2003

SPECIAL MEETING

of the

BOARD OF COMMISSIONERS

The Board of County Commissioners met with Neil Gluckman at 1:40 p.m., Chair Bender presided and Commissioners Gibson and Rennels were present. Also present was Jean O'Connor, Recording Clerk.

Mr. Gluckman stated that Dr. LeBailly has requested funding for West Nile Virus mitigation in unincorporated Larimer County.

MOTION

Commissioner Rennels moved that the Board of County Commissioners enter into a contract for treatment with Altosid in storm water catch basins located in unincorporated Larimer County, not to exceed $2000 and authorize the Chair to sign upon receipt.

Motion carried 3 - 0.

08062003A001 AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND SOPER PEST CONTROL (West Nile Virus mitigation)

There being no further business, the meeting adjourned at 1:42 p.m.

_________________________________

THOMAS G. BENDER, CHAIR

BOARD OF COMMISSIONERS

SCOTT DOYLE

CLERK AND RECORDER

(S E A L)

A T T E S T

________________________________

Jean M. O'Connor, Clerk to the Board