PROCEEDINGS OF THE BOARD OF COUNTY COMMISSIONERS
MONDAY, MARCH 22, 1993
SUBDIVISIONS
(#184)
The Board of County Commissioners met at 9:00 a.m. in regular session
with John Barnett, Director of Planning. Chairman Hotchkiss presided,
Commissioners Disney and Duvall were present. Also present were: Al
Kadera, Subdivision Administrator; Elaine Spencer, Director of General
Engineering Services; Jerry Blehm, Environmental Health; and Jeannine
Haag, Assistant County Attorney. Recording Clerk, S. Graves.
Mr. Barnett noted that the Sunship Planned Unit Development Final Plat
Addendum has been removed from today's agenda and will be heard at a
later date.
1. MIZER MINOR RESIDENTIAL DEVELOPMENT AND REZONING (#92-MS0185):
NW 1/4 29-05-72; NORTH SIDE OF US HIGHWAY 34, NORTH OF THE
INTERSECTION OF US HIGHWAY 34 AND MALL ROAD; 3.64 ACRES; 2 LOTS;
B-BUSINESS ZONING EXISTING (3-22-93)
This is a request for Minor Residential Development and Rezoning - to
rezone from B-Business to A-Accommodations and to divide the property
into three tracts, one for the existing lodge and two for single family
dwellings. Mr. Kadera noted that the only deviation from the usual
conditions is Staff's suggestion for a reservation of a right-of-way
instead of dedication, which would eliminate most of the parking lot in
front of the lodge. With the reservation, when it is time to widen
Highway 34, the State Highway Department will need to negotiate with the
property owner to make provision for adequate parking for the lodge.
Mr. Mizer, applicant, addressed the Board and is in agreement with the
conditions outlined by Staff. Mr. Gary Coleman, adjacent property
owner, requested it be noted in the minutes that his property is zoned
B-Business and sometime in the future, they will probably try to develop
the site. Staff Findings include: 1) The proposed rezoning will allow
the existing lodge to continue to operate while protecting the adjacent
residential area from additional commercial development; 2) The proposed
Minor Residential Development is an appropriate means of developing this
site given the limited potential for residential sites; 3) The proposed
residential lots are consistent with existing development in the
immediate area; 4) Approval of the proposed rezoning will not result in
any significant negative impacts on surrounding properties, utility
services, transportation facilities or the natural environment; 5) Mizer
Minor Residential Development was submitted prior to the February 1,
1993 Amendedment to the Minor Residential Development procedures.
The Staff/Planning Commissioner Recommendations are for Approval of the
rezoning of this site from B-Business to A-Accommodations, and Approval
of the Mizer Minor Residential Development with the following
conditions: 1) The approval of the Minor Residential Development is null
and void if the rezoning of the site to A-Accommodations is denied; 2)
The Final Plat of the Mizer Minor Residential Development shall be
completed in strict conformance with the plan submitted for this
hearing, including all notes, except as modified below; 3) The Final
Plat shall include a reservation of right-of-way for the future widening
of Highway 34. A half right-of-way of 75 feet shall be provided except
directly in front of the Olympus Lodge where the half right-of-way shall
be 70 feet to protect the existing structure; 4) Any improvements
necessary to improve roads or extend utilities shall be included in a
Subdivision Improvements Agreement. These improvements shall be
guaranteed by posting appropriate collateral as required by the
Collateral Policy; 5) A note concerning engineered foundation plans
shall be added to the Final Plat; 6) Easements needed by utility
companies shall be included on the Final Plat. The building envelope on
Tract B shall be amended to avoid the existing overhead power line and
to provide an appropriate setback from the existing access road; 7) The
applicant shall address the comments of the Division of Wildlife before
the Final Plat is recorded. This can be accomplished by adding
appropriate notes to the Final Plat or recording protective covenants to
address the wildlife concerns; 8) The applicant shall address future
road maintenance by adding a note to the Final Plat or recording
homeowners documents to require that the owners of Tracts A and B
participate in any program to maintain the road in this area; 9) The
County Zoning Administrator notes that uses on tracts A and B shall be
limited to single family dwellings. A note should appear on the Final
Plat concerning this condition. Setbacks should also be noted on Tract
A to avoid any confusion when a building permit is requested.
M O T I O N
Commissioner Disney moved that the Board adopt the Staff Findings and
Staff/Planning Commission Recommendations and approve the Mizer Minor
Residential Development and Rezoning (#92-MS0185), with the conditions
as outlined.
Motion carried 3 - 0.
WORKSESSION ITEM: Mr. Barnett expanded on the implications of House
Bill 1323 and Mr. Graves' intentions to develop a large tract of land.
A large portion of the land would be set aside in permanent open space
and a small portion of the land developed at a very low-impact level.
Mr. Barnett stated the concept is good, but needs some work. However,
HB 1323 could open the door to some real abuses and lead to lack of
control of rural land use. The request today is for the Board to direct
Mr. Barnett to work with Mr. Graves on this concept to determine if
there is some way this can work so the precedent set will be positive
for the County in managing rural land use. Mr. Barnett said this is a
chance to do some innovative high-quality development which will benefit
other parcels in the County as well as this one. Chairman Hotchkiss
asked if the land could be developed under the existing P.U.D.
regulations; Mr. Barnett stated that the P.U.D. regulations are designed
for urban development and a number of variances would need to be granted
for this type of development. Mr. Barnett stated we need to respond to
the needs of the landowner, but we don't want to create another monster.
There is a need to come up with a way to develop agriculture and rural
land which makes more sense and yet maintain agricultural use as much as
possible. CONSENSUS OF THE BOARD was to direct Mr. Barnett to work with
Mr. Graves in developing a proposal for the Board to consider.
The meeting recessed at 9:35 a.m.
MEETING REGARDING FRONT RANGE HIGH SPEED RAIL SYSTEM (#186)
The Board of County Commissioners reconvened at 1:30 p.m. in regular
session with John Peacock, Challenge Fort Collins Representative.
Chairman Hotchkiss presided; Commissioners Disney and Duvall were
present. Also present were: Rex Smith, Director of Public Works; Elaine
Spencer, Director of General Engineering Services; John Barnett,
Director of Planning; and Wayne Lawler, Acting County Administrator.
Recording Clerk, S. Graves.
Mr. Peacock presented a slide show outlining the conceptual idea of a
high-speed rail system to Denver and the new International Airport. The
rail system would haul freight as well as passengers, would make use of
existing tracks, and be planned in three phases; the rail system would
be expanded to Cheyenne, Laramie, and Pueblo, and eventually into Canada
and Mexico. The purpose of today's meeting was mainly to inform the
Board about this rail system; but Mr. Peacock did request the Board
write a letter of endorsement for the rail system to Dr. Ray
Chamberlain, Colorado Department of Transportation Executive Director.
Chairman Hotchkiss indicated the Board will meet with Dr. Chamberlain
and discuss this high-speed rail system further.
The meeting adjourned at 2:20 p.m.
TUESDAY, MARCH 23, 1993
HEALTH DEPARTMENT QUARTERLY MEETING
(#187)
The Board of County Commissioners met at 9:30 a.m. in regular session
with Dr. Adrienne LeBailly, Director of Health Department. Chairman
Hotchkiss presided; Commissioners Disney and Duvall were present.
Recording Clerk, S. Graves.
Dr. LeBailly provided a ten-minute video presentation of services
provided by the Health Department. Dr. LeBailly informed the Board that
April 12-16, 1993 is Colorado Public Health Week and noted that Dr.
Joycelyn Elders, Surgeon General-designate, will be speaking in Denver
on April 16 at the Museum of Natural History, and invited to Board to
attend.
Dr. LeBailly asked the Board if they would like a quarterly budget
report; Chairman Hotchkiss stated, "If there are problems with the
budget, we will discuss them". Dr. LeBailly stated the only current
problem is the uncertainty of how Amendment #1 will affect the
Department. Dr. LeBailly described two bills before the Legislature
which might have an impact on the Health Department.
Dr. LeBailly described a grant received from the Robert Wood Johnson
Foundation which will allow the tracking of all immunizations given to
pre-school children and reported that full cooperation has been received
from every physician, clinic, and health-care provider in Larimer County
received to report every immunization given.
Dr. LeBailly stated that 18 food-training sessions were held last year
for the food managers in Larimer County, the emphasis being on education
rather than regulation.
Dr. LeBailly reported to the Board that the Rocky Mountain Poison
Control Center in Denver provides a service covering the entire State of
Colorado; in 1991, 2800 calls were taken from Larimer County residents,
and this service is largely financed by the citizens of Denver. Dr.
LeBailly noted that our fair share for this number of calls would be
$38,000. The Poison Control Center is in financial trouble and cannot
afford to provide this service any longer for those that do not pay.
Dr. LeBailly is going to approach the E911 Board proposing that if 5
cents a month could be added to phone bills, this service could be
continued in Larimer County. Dr. LeBailly requested the Board to
indicate their support to the E911 Board for this proposal.
The meeting recessed at 10:35 a.m.
HUMAN DEVELOPMENT QUARTERLY MEETING
(#188)
The Board of County Commissioners reconvened at 10:40 a.m. in regular
session with Rena Mackrill, Director of Human Development. Chairman
Hotchkiss presided; Commissioners Disney and Duvall were present. Also
present were: Lyn Thor, Nutrition Program Director; Shelly McGraw,
Office on Aging Director; Elizabeth Kelly, Long-Term Care Ombudsman
Director; Carol Gillespie, Director Community Programming; Joannie
Schlueter, Administrative Services Director; and Wayne Buhlig,
Weatherization Director. Recording Clerk, S. Graves.
Each of the following persons provided an overview of their respective
departments:
LYNN THOR - SENIOR CHUCKWAGON PROGRAM: This Program is part of the
National Network of Nutrition Programs for the Elderly funded under the
Older Americans Act. Senior Chuckwagon is operated with 6.4 FTE's and
400 senior volunteers, 79,354 meals were served last year in Larimer
County. Ms. Thor noted that Senior Chuckwagon is operating out of a
sub-standard kitchen and is looking for a relocation site. With the
prospect of new construction money coming into the State, they are
considering three alternative sites for a new kitchen: 1) City of Fort
Collins Senior Center; 2) Sheriff's Department future needs; 3) Front
Range Community College.
SHELLEY MCGRAW - OFFICE ON AGING: The main function of the Office on
Aging is to provide services to seniors over the age of 60, targeting
the low-income and socially deprived. This year funds have been
allocated for Elder Abuse and they are working with the Adult Protection
Team to hold an Elder Abuse Symposium. Another new area being developed
is Disease Prevention and Health Promotion, for provision of funds to
assist in areas not covered by Medicare. Ms. McGraw noted that their
main concern is that Title I allocations have been reduced by $39,000
and they are still waiting to see how Amendment #1 will affect the
Office on Aging.
ELIZABETH KELLY - LONG-TERM CARE: Ms. Kelly noted that the Ombudsman
Program is primarily focused on providing advocacy and remediation for
seniors who are in long-term care facilities. The primary role is to
intervene on behalf of the individual; they are striving to increase
their visibility and interaction in the board-and-care homes. Ms. Kelly
noted that the majority of the individuals in rest homes are on
Medicaid.
CAROL GILLESPIE - COMMUNITY PROGRAMMING: Ms. Gillespie noted that the
Office of Community Development has a broader program design because
their funding is not tied to a particular area. Their Mission is to
empower people, including clients, volunteers, concerned citizens, and
staff to reach, with dignity, their highest level of human potential by
enhancing self-esteem, freedom of choice, community investment, and
self-sufficiency. Ms. Gillespie described the various activites of
Community Programming and noted that only 4% of their funding is derived
from County dollars.
WAYNE BUHLIG - WEATHERIZATION: Mr. Buhlig stated the major emphasis of
the Weatherization Program is on energy conservation, but rehabilitation
is also included. They have a budget of $1,046,208 for disbursement in
Larimer and Weld Counties. A client must be at 125% of poverty level to
qualify for the program. Based on the 1990 census, 441,060 persons in
Larimer Counties qualified in this low-income bracket. Mr. Buhlig noted
that 491 homes are scheduled for weatherization in 1993.
JOANNIE SCHLUETER - ADMINISTRATIVE SERVICES: Ms. Schlueter and Staff
are responsible for the budgeting, accounting, contract writing and
reviewing, grant recording, information management work, financial
information for program staff, and payroll. Ms. Schlueter outlined the
Human Resource Program, funded by the City of Fort Collins, Loveland,
and the Board of County Commissioners, and the Senior Tax Write-Off
Program.
Ms. Mackrill expressed her pride in the Human Development Department and
in all of their accomplishments.
The meeting adjourned at 11:35 a.m.
WEDNESDAY, MARCH 25, 1993
ADMINISTRATIVE MATTERS
(#184 @ 1800)
The Board of County Commissioners met at 9:30 a.m. in regular session
with Wayne Lawler, Acting County Administrator. Chairman Hotchkiss
presided; Commissioners Disney and Duvall were present. Also present
were: Patty Arnett, Health Department Business Manager; Richard
Shockley, Sheriff; Captain Gary Darling, Sheriff's Department Operations
Division. Recording Clerk, S. Graves.
1. REQUEST FOR APPROVAL OF THE AMERICAN STOP SMOKING INTERVENTION STUDY
(ASSIST) PROJECT GRANT APPLICATION PROPOSAL: Ms. Arnett requested Board
approval and the Chairman's signature on a grant application for the
American Stop Smoking Invervention Study Project; the proposal requests
funding ($35,000) for the first year of a five-year plan and requires
the addition of a 3/4 time Health Educator. If the grant is accepted by
the Colorado Department of Health, it will be incorporated in the
statewide plan for submission to the National Cancer Institute. Ms.
Arnett stated that no County match is required, all indirect costs will
be covered, and if the grant funding is discontinued, the program and
staffing will also cease.
M O T I O N
Commissioner Disney moved that the Board approve the grant application
for the American Stop Smoking Intervention Study (Assist) Project, as
requested by Ms. Arnett.
Motion carried 3 - 0.
2. COURTHOUSE SECURITY - BID RESULTS: Mr. Lawler informed the Board
that two bids have been received for the contractual services for
courthouse security. An analysis of the bids indicates that the
Wackenhut Corporation met all the requirements and is the low bidder
(approximately $50,000). This is a three-year lease purchase and then
Larimer County will own the magnascanner. The previous Board set aside
$80,000 in th 1993 Sheriff's budget for this expenditure and supervision
of this service will be with the Sheriff's Department. Mr. Lawler is
requesting Board authorization to accept this bid.
M O T I O N
Commissioner Disney moved that the Board approve the acceptance of the
Wackenhut Corporation bid for courthouse security.
Motion carried 3 - 0.
3. APPOINTMENT BY MUTUAL AGREEMENT BY THE CITY OF FORT COLLINS AND THE
BOARD OF COUNTY COMMISSIONERS TO THE LARIMER COUNTY URBAN GROWTH AREA
REVIEW BOARD:
M O T I O N
Commissioner Disney moved that the Board of County Commissioners
reappoint Ralph Waldo and appoint Karen Harder to the Larimer County
Urban Growth Area Review Board, each for 3-year terms ending December
31, 1995, as recommended by Resolution adopted by the City of Fort
Collins on March 16, 1993.
Motion carried 3 - 0.
4. EARTH DAY EVENT PARTICIPATION: Mr. Lawler noted that the City of
Fort Collins is proposing that Larimer County, the City, and Colorado
State University participate in a carpooling incentive program again
this year during Earth Week - April 19-23. There will be a challenge
and prizes donated by the City. CONSENSUS OF THE BOARD was that Larimer
County Employees will be encouraged to participate in this carpooling
incentive program.
5. APPOINTMENT OF THE COUNTY'S LIAISON TO THE FORT COLLINS COMMISSION
ON THE STATUS OF WOMEN:
M O T I O N
Commissioner Duvall moved that the Board appoint Sue Cottingham to serve
as Larimer County's Liaison to the Fort Collins Commission on the Status
of Women, and proposed that a letter of appreciation be sent to Bobby
Cullor, Administrative Assistant to the Assessor, thanking her for
serving in this position for the past two years.
Motion carried 3 - 0.
6. WORKSESSION:
-- Employee Meeting - April 14, 1993: After conversing with Frank
Lancaster, Director of Natural Resources, regarding the Employee
Meeting, scheduled for 4:30 p.m. on April 14, and becoming cognizant
that employees working a distance from the Courthouse cannot attend this
meeting, Commissioner Disney recommended that a second meeting be
scheduled. CONSENSUS OF THE BOARD was to schedule a second Employee
Meeting on April 14 at 6:00 p.m., pending availability of the City
Council Chambers for the extra time.
-- Request for Health Care Forum: The Board has been asked to co-sponsor
a forum on health care and access to health care for low-income persons
on Saturday, May 1, 1993 at St. Elizabeth Seton Church from 8:45 a.m.
until Noon. CONSENSUS OF THE BOARD was to agree to be co-sponsors for
the Health Care Forum on May 1, 1993.
-- Report on Meeting for 90-Day Money: Commissioner Duvall reported that
a meeting will be held May 1st or 2nd, as soon as Don Sandoval returns,
to determine what needs to be done to become the recipient of the 90-day
money soon to be appropriated for construction projects in Colorado.
-- Information Item: Commissioner Duvall stated a meeting will be held
Monday, March 29, 1993 at 9:00 a.m. with citizens and staff to explore
options to create a new process regarding appointments to Boards and
Commissions. Chairman Hotchkiss recommended the group also discuss the
problem of how to get more people to apply for these Boards and
Commissions.
7. DOCUMENT REVIEW: The following documents, of a routine nature, were
considered by the Board:
M O T I O N
Commissioner Disney moved that the Board approve the Minutes for the
week of March 15, 1993, and the Agenda for the week of March 29, 1993,
as submitted.
Motion carried 3 - 0.
M O T I O N
Commissioner Disney moved that the Board approve Petitions for Abatement
for Thomas Dinkel; Pearleen Morrison, Southglen Apts. (11); and
Lamplighter Motel; as recommended by the County Assessor, Steve Miller.
Motion carried 3 - 0.
LIQUOR LICENSES: County Approval was granted to The Landings Resort
Restaurant and Beach Club - 6% - Fort Collins, CO.
M O T I O N
Commissioner Disney moved that the Board approve the following
documents:
A93-43 AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND HEALTHY
BEGINNINGS (Program for Uninsured and Under-Insured Pregnant
Women in Southern Larimer County)
A93-44 AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND LOVELAND,
BERTHOUD, ESTES PARK BRANCH NMSS, COLORADO CHAPTER (Services for
Residents with Multiple Sclerosis)
A93-45 AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE
FORT COLLINS BRANCH NMSS, COLORADO CHAPTER (Comprehensive
Services for Multiple Sclerosis Patients)
A93-46 AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND RESPITE
CARE (Day and Night Relief to Families of Handicapped Children)
A93-47 AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND
TRANSITION SERVICES (Job Screening, Coaching, and Placement
for Disabled Workers, Etc.)
A93-48 AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND CRISIS
AND INFORMATION HELPLINE (24-Hour Telephone Service for Crisis
Intervention, Counseling, Lawyer & Therapist Referral, Etc.)
A93-49 AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND
NEIGHBOR TO NEIGHBOR (Comprehensive Housing Counseling and
Assistance in Acquiring & Maintaining Affordable Housing)
A93-50 AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND
DISABLED RESOURCE SERVICES (Employment Assistance Program)
A93-51 LIBRARY SERVICES AGREEMENT BETWEEN THE BOARD OF COUNTY
COMMISSIONERS AND THE CITY OF FORT COLLINS
A93-52 LIBRARY SERVICES AGREEMENT BETWEEN THE BOARD OF COUNTY
COMMISSIONERS AND THE TOWN OF BERTHOUD
A93-53 AGREEMENT CONCERNING RODEO ACT(S) BETWEEN THE BOARD OF COUNTY
COMMISSIONERS AND BEUTLER AND GAYLORD RODEO CO., INC.
(Provision of PRCA Rodeo Stock for 1993 Larimer Co. Fair)
C93-20 CONTRACT FOR PROFESSIONAL/TECHNICAL SERVICES BETWEEN THE
BOARD OF COUNTY COMMISSIONERS AND CHEN NORTHERN, INC.,
(Geotechnical Professional Services)
R93-42s RESOLUTION REGARDING THE RELEASE OF RESTRICTION ON SALE OF
LOTS (Zollner Minor Residential Development)
Motion carried 3 - 0.
The meeting recessed at 10:15 a.m.
LEGAL MATTERS
(#186 @ 3130)
The Board of County Commissioners reconvened at 10:30 a.m. in regular
session with George Hass, County Attorney. Chairman Hotchkiss presided;
Commissioners Disney and Duvall were present. Also present were
Jeannine Haag, Assistant County Attorney; Russ Legg, Development
Processing Administrator; Rex Burns, Special Improvement District
Administrator; and Wayne Lawler, Acting County Adminsitrator. Recording
Clerk, S. Graves.
1. Mr. Hass conducted a mock liquor license hearing to review procedure
for Commissioners Disney and Duvall.
2. Ms. Haag requested Board approval of a Subdivision Improvement
Agreement for Ptmarigan Subdivision when a disparity in numbers in the
addendum are resolved.
M O T I O N
Commissioner Duvall moved that the Board approve the Subdivision
Improvement Agreement for Ptarmigan, and authorized the Chairman to sign
same, upon approval by the Assistant County Attorney, Ms. Haag.
Motion carried 3 - 0.
M O T I O N
Commissioner Disney moved that the Board go into Executive Session to
discuss a personnel matter.
Motion carried 3 - 0.
The meeting adjourned at 11:10 a.m.; no action taken.
( S E A L ) _______________________________
COURTLYN W. HOTCHKISS, CHAIRMAN
ATTEST: BOARD OF COUNTY COMMISSIONERS
________________________________________
Sherry E. Graves, Deputy County Clerk