PROCEEDINGS OF THE BOARD OF COUNTY COMMISSIONERS
MONDAY, APRIL 12, 1993
SUBDIVISIONS
(#194)
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: Jerry
White, Zoning Administrator; Richael Michels, Development Processing
Planner; Jill Bennett, Comprehensive Planner; Elaine Spencer, Manager
Engineering Operations & Planning; Jerry Blehm, Environmental Health;
and Jeannine Haag, Assistant County Attorney. Recording Clerk, S.
Graves.
Mr. Barnett stated that the following is a consent item and will not be
discussed unless requested by the Commissioners or members of the
audience.
1. PRIME MINOR RESIDENTIAL DEVELOPMENT AMENDED PLAT (#93-EX0249):
SE 1/4 30-06-68; NORTHWEST CORNER OF COUNTY ROAD 28; 9.48 ACRES;
1 LOT; FA-FARMING ZONING (4-12-93).
This is a request for an Amended Plat of Lot 3 of Prime Minor
Residential Development (#S-72-89) to relocate building envelope from
the southeast corner of the property to the west side of the property.
Staff Findings include: 1) The Prime Minor Residential Development was
conditionally approved on November 20, 1989; 2) The proposed Amended
Plat of Lot 3 building envelope will not create any new building sites;
3) The County Health and Engineering Departments and all utilities
serving this area reviewed the proposed Amended Plat and stated no
objections; 4) Approval of the proposed Amended Plat will not result in
any significant negative impacts on surrounding properties, utilities
services, transportation facilities or the natural environment.
Staff Recommendation is for Approval of the Amended Plat of Lot 3, Prime
Minor Residential Development, with the following conditions: 1) A fire
hydrant must be installed prior to building permit. 2) The driveway
must meet the requirements of the Uniform Fire Code and receive an
access permit from the County Engineering Department; 3) All other
conditions of the Prime Minor Residential Development still apply to
this Amended Plat.
M O T I O N
Commissioner Duvall moved that the Board adopt the Staff Findings and
Staff Recommendation and approve the Prime Minor Residential Development
Amended Plat, with the conditions as outlined.
Motion carried 3 - 0.
2. HASTINGS KENNEL SPECIAL REVIEW (#92-ZR0130): W 1/2 OF
27-04-73; NINE MILES SOUTH OF ESTES PARK IN INNBROOK SUBDIVISION,
WEST OF HIGHWAY 7; 5 ACRES; FA-FORESTRY ZONING (4-12-93)
This is a request for Special Review to allow a private dog kennel for
35 Siberian Huskies. Mr. White noted that the applicant has requested
tabling of this item until August 1, 1993; but letters have been
received from adjacent property owners requesting the item be heard
today, as it has been tabled twice previously. Also, a number of other
neighborhood residents have written letters requesting the denial of
this application. The Planning Commission heard this matter on March
17, 1993 and recommended denial; Staff also recommends denial of the
Special Review. In order to bring some closure to this matter and
guidance to the applicant and adjacent property owners, Mr. White
suggested that if the Board determines not to approve this application
today, that the Board find that a zoning violation exists and set a date
for County Staff to initiate legal action. This action will eliminate
the necessity for scheduling a public hearing at a later date for a
zoning violation.
Staff Findings are: 1) The proposed use does not comply with the intent
and purposes of the Zoning Resolution or the Comprehensive Land Use
Plan; 2) The proposal is not compatible with existing land uses in the
area, and may have a negative impact on those land uses and on property
values; 3) The noise impacts from the kennel would have a negative
environmental impact on the private property in the area and on the
adjoining National Park; 4) Rocky Mountain National Park officials have
recommended denial of the request; 5) A platted residential subdivision
is not an appropriate site for a large dog kennel.
Ms. Patty Hastings, applicant, noted that her main concern is the
welfare of the dogs and a wide search is underway for new property.
Following further discussion, the Chairman recommended that Ms. Hastings
withdraw her application for Special Review rather than request tabling.
Following further discussion and direction from the Chairman, Ms.
Hastings withdrew her application for Special Review rather than
requesting tabling of the application.
M O T I O N
Commissioner Disney moved that the Board find that, in the matter of the
Hastings Kennel, a zoning violation exists, require compliance within 60
days, and authorize legal action if the compliance deadline is not met.
Motion carried 3 - 0.
3. HAASE SPECIAL REVIEW (#Z-17-91): 7-5-69; 1000 FEET EAST OF GLADE
ROAD (COUNTY ROAD 23H) AND US HIGHWAY 34 ON THE NORTH SIDE OF
THE HIGHWAY; 1.424 ACRES; T-TOURIST ZONING (4-12-93)
This is a request for Special Review in T-Tourist to allow a gift shop
and gasoline service station. Mr. White noted that following a lengthy
discussion regarding this request on February 8, 1993, this item was
tabled and as suggested by the Board, a neighborhood meeting was held on
March 16, 1993. Ms. Spencer noted that in response to some of the
neighbor's concerns, better signage may be installed to indicate that
Wild Lane is not a thru street and re-location of the dangerous school
bus stop will be discussed with the school district. Ms. Spencer stated
that the applicant will be required to provide a right turn lane on
Glade Road as it goes into Wild Lane, and Engineering will have final
review over all road improvements. Staff Findings include: 1) Under the
conditions noted, the proposed use is consistent with the Comprehensive
Zoning Resolution and the County Land Use Plan; 2) The proposed use is
compatible with surrounding commercial land uses and will not affect
other properties or property values in the area; 3) Under the conditions
noted, the proposal will not affect the public health, welfare,
prosperity, or safety.
Mr. Haase, applicant, addressed the Board and indicated his willingness
for compliance with the additional requirements, and noted that after
the concern of increased traffic was raised at the last public hearing,
he requested another traffic study be conducted for a different time of
the year. Matt Delich, traffic consultant, reported that he obtained
raw traffic counts from the State and County for July and determined
that the traffic count will be acceptable at this location. Neighbors
speaking in opposition of this application were Ken Bacon, Sandra
Brewer, and Jay Kline reiterating their concerns of increased traffic,
etc. Mr. Bacon submitted several more letters of opposition from
adjacent property owners. Barry Floyd and Elton Johnson spoke in favor
of this special review request. Commissioner Duvall asked how this
request is different from the request made fifteen months ago. Mr.
White stated that the original application was for a convenience store,
the present request is for a gift shop and gas station only; the only
food products allowed will be from a dispensing machine.
The Planning Commission/Staff Recommendation is for Approval of the
Special Review, with the following conditions: 1) Landscaping, as
approved by the County Planning Director, and paved parking shall be
installed prior to issuance of a Certificate of Occupancy, or shall be
guaranteed by a Developer's Improvements Agreement; 2) The following
shall not be permitted: outdoor storage/sales/display, attention
grabbing devices, off-premise advertising signs, promotional or product
signs outside the building, identification signs other than one of 60
square feet with a maximum height of 16.5 feet; 3) Access and road
improvements shall be accomplished in accordance with the
recommendations of the County Engineering Department. Required
improvements shall be completed prior to issuance of a Certificate of
Occupancy, or shall be guaranteed by a Developer's Improvements
Agreement. Additional right-of-way shall be dedicated on Wild Lane to
provide a half right-of-way of 35 feet; 4) The existing advertising
billboard on the property shall be removed within 30 days of the
expiration of the lease which was in effect on January 1, 1993, or
sooner if so required by adoption of a new sign code by the County; 5)
The canopy must comply with setback requirements, and shall not exceed
16.5 feet in height. No signage or logos will be allowed on the canopy;
6) The canopy and the building must be of subdued earth tone colors,
with limited use of bright accent colors; 7) Prior to issuance of a
building permit, applicant shall provide written evidence from the
Loveland Fire Prevention Bureau that all requirements for fire
protection and for underground storage tanks have been met; 8) A
drainage plan shall be submitted at the time of building permit
application, for approval by the County Flood Plain Administrator; 9)
Fuel storage tanks shall be installed such that the fill point for the
tanks and the base of the pumps be at an elevation of 5,064.90 feet; 10)
Applicant shall provide evidence at the time of building permit
application that he has complied with all County and State Health
Regulations pertaining to sewage disposal, water service, and
underground storage tanks; 11) Lighting shall be shielded and directed
downwards, to prevent the light from having a negative impact on
adjacent public roads or other properties in the area; 12) The owner
shall dedicate additional right-of-way on Wild Lane, to provide a half
right-of-way of 35 feet; 13) Unless otherwise modified by the above
conditions, all development and use of the site shall be consistent with
Zoning File Exhibit A (Application for Zoning Action, with attached
plans); 14) 60% of the east, south & west walls shall be of brick and of
a brown or beige color; 15) Larimer County & City of Loveland Planning
Department are to cooperate in reviewing the landscape plan; however,
the final authority shall remain with the County.
M O T I O N
Commissioner Disney moved that the Board adopt the Staff Findings and
the Conditional Planning Commission/Staff Recommendation and approve the
Haase Special Review, including the recommendation that the School
District be contacted to relocate the school bus stop.
AMENDMENT TO THE MOTION
Commissioner Duvall moved that the Board amend the motion to include the
recommendation that a right turn lane on Glade Road, as it goes into
Wild Lane, be constructed, re-emphasized that this is a gift shop/gas
station only and not a convenience store, and instructed Staff to work
with Mr. Haase to provide signage that a left turn out of this
establishment is required and exit is not thru the residential area.
Motion and Amendment carried 3 - 0.
4. WAGGENER MINOR RESIDENTIAL DEVELOPMENT (#92-Ex0202): SW 14-04-69;
DIRECTLY WEST OF THE TOWN OF BERTHOUD ON THE NORTH SIDE OF US
HIGHWAY 287 (MOUNTAIN AVENUE) AND EAST OF COUNTY ROAD 17;
78 ACRES; 2 LOTS (4-12-93)
This is a request to divide a 78 acre parcel with an existing residence
into two lots of 2.3 and 76 acres for single family dwellings. Ms.
Bennett provided the project description and noted that the application
is routine; the only exception is the condition requesting an Annexation
Agreement with the Town of Berthoud must be signed prior to recording
the Final Plat. Staff Findings are: 1) The proposed Waggener Minor
Residential Development is consistent with the minimum criteria for
Minor Residential Developments as contained in the Larimer County
Subdivision Resolution concerning the number of lots created, access,
zoning and service provision; 2) The Proposed Minor Residential
Development is consistent with the Larimer County Land Use Plan; 3) The
County Health and Engineering Departments and the Town of Berthoud have
reviewed the request and have made certain recommendations, which are
contained in this report; 4) Approval of the proposed Waggener Minor
Residential Development, with the conditions noted, should not adversely
affect adjacent property, the natural environment, or the provision of
services or transportation.
Mr. Lynn Hammond, Attorney for the applicant, addressed the Board and
requested tabling of this matter as the request is premature. Following
the wishes of his Father's Will, the applicant would like to make the
land division to separate the residence for his step-mother and has no
intention whatsoever of developing the remaining 76 acres; he wants to
farm the property. Mr. Hammond requested an opportunity to work with
Staff to approve the division of the two parcels, subject to working out
an agreement with the Town of Berthoud regarding annexation, and that no
further construction of any improvements of a residential nature would
take place on the 76 acres without further review by the County.
M O T I O N
Commissioner Disney moved that the Board defer action on the Waggener
Minor Residential Development until conditions regarding annexation are
resolved.
Motion carried 3 - 0.
5. HAUMONT MINOR RESIDENTIAL DEVELOPMENT (#92-EX0100): NE 1/4 OF
08-07-69; 1/4 MILE NORTH OF LAPORTE AVENUE ON THE WEST SIDE OF
OVERLAND TRAIL (COUNTY ROAD 21); 10 ACRES; 4 PROPOSED LOTS;
FA-1 FARMING/UGA ZONING (4-12-93)
This is a request to divide 10 acres into four lots of approximately 2.5
acres each for single family dwellings. Ms. Michels noted this is a
basic request for minor residential development in the Urban Growth
Area; and the conditions are standard except for the 160-foot setback
and an erosion control plan required by the County Flood Plain
Administrator. Staff Findings include: 1) This proposed subdivision is
consistent with the technical requirements for subdivisions contained in
the Larimer County Subdivision Resolution and the Larimer County Zoning
Resolution; 2) The Larimer County Engineering and Health Departments,
the fire district, all utilities, and other interested agencies have
reviewed this subdivision and have stated no objections as long as
certain conditions are met; 3) The proposed Minor Residential
Development is consistent with the existing development in the area and
appears consistent with the Larimer County Comprehensive Plan and the
Fort Collins Urban Growth Area Agreement; 4) Approval of the Minor
Residential Development will result in a street name change from Low
Street to High Street; 5) Approval of the Minor Residential Development,
with the following conditions, will not result in any significant
negative impacts on the surrounding properties, transportation
facilities, utility services, the natural environment, or on overall
health and safety.
Mr. Dick Rutherford, representing the applicant, stated that Mr. Haumont
is in agreement with the requirements and conditions. Mr. Brad Stevens,
adjacent property owner to the north, noted there is an easement utility
road bordering the properties and wondered if approval of this MRD might
prevent him from building a garage on the back of his property in the
future. After discussion, the Board determined that this is a civil
matter and should be discussed with his attorney.
Staff Recommendation is for Approval of the Haumont Residential
Development, with the following conditions: 1) The 160-foot setback from
Overland Trail must be shown on the Final Plat; 2) Construction plans
for the streets must be prepared by a licensed professional engineer and
approved by the County Engineering Department prior to beginning
construction; 3) The internal streets must be constructed according to
the approved plans. As-built plans, letter of compliance, and other
documentation must be provided so that the County Engineering Department
can inspect and approve the roads before recording the Final Plat; 4) A
total of 50 feet of right-of-way for Overland Trail must be shown on the
Final Plat; 5) Covenants providing for a Homeowners' Association and
road maintenance must be recorded with the Final Plat; 6) A fire
hydrant, which meets the requirements of the Poudre Fire Authority, must
be installed prior to recording the Final Plat; 7) Water and sewer line
extensions must be made prior to recording the Final Plat; 8) A utility
plan must be submitted to and approved by the City of Fort Collins; 9)
Ten-foot easements for Public Service must be shown on the Final Plat on
botrh sides of all streets; 10) An erosion control plan must be approved
by the County Flood Plain Administrator prior to recording the Final
Plat; 11) The Pleasant Valley and Lake Canal and its easement must be
shown on the Final Plat; 12) The Final Plat must be recorded within 6
months of approval or the approval will be voided; 13) The following
plat notes should appear on the Final Plat: A) Engineered footings and
foundations shall be required for all construction on this site; B)
Radon detection tests are required in any new residential structure
prior to the issuance of the Certificate of Occupancy; C) Uses on the
lots shall be restricted to single family dwellings and permitted
accessory uses; D) Fort Collins Urban Growth Area Fees will be collected
at the time of building permit for all lots; E) All utilities must be
located underground; F) Maintenance of the internal roads is the
responsibility of the property owners. Failure to maintain the roads
may result in a lien on the property; G) The Urban Growth Area Street
Waiver Fee will be collected at building permit issuance for all lots;
H) No lot may take direct access onto Overland Trail, but must utilize
the internal streets; I) Drainage fees for the West Vine Drainage Basin
will be collected at the time of building permit for each lot; J) The
Pleasant Valley and Lake Canal crosses Lots 3 and 4. Owners should be
aware that Ditch company personnel may be required to occasionally
access the ditch on these properties for the purpose of maintaining the
ditch.
M O T I O N
Commissioner Duvall moved that the Board adopt the Staff Findings and
Conditional Staff Recommendation and approve the Haumont Minor
Residential Development (#92-EX0100).
Motion carried 3 - 0.
The meeting recessed at 10:10 a.m.
MEETING REGARDING ENTERPRISE ZONES
(#195)
The Board of County Commissioners reconvened at 10:30 a.m. in regular
session to discuss the Enterprise Zone Application. Chairman Hotchkiss
presided; Commissioners Disney and Duvall were present. Also present
were: John Barnett, Planning Director; Jill Bennett, Comprehensive
Planner; and Bill Gordon, County Administrator. Recording Clerks, S.
Graves/D. Lord.
Mr. Barnett stated that the question before the Board is whether there
is reason to revise or amend the Enterprise Zone Application submitted
to the Colorado Department of Local Affairs in January. Mr. Barnett
recounted a brief history of the County's action in relation to the
development and submission of the original plan.
Mr. Barnett also reported that the Economic Development Committee held a
public hearing on April 8, 1993 to provide an opportunity for dialogue
regarding both the application and the proposed amendments developed in
response to the State's visit and assessment of the County's
application. He summarized that the agreement reached by those
attending the hearing included supporting the original document on a 6-1
vote, with no expressed opposition to the amendments suggested by Mr.
Metcalf of the Colorado Local Affairs Department during his visit on
March 23, 1993.
Commissioner Duvall introduced a resolution developed in response to the
dialogue at the public hearing and testimony the Board has received
regarding this issue over the past few months. The resolution expressed
Board support for the Enterprise Zone Application and dedicated the
Board to ensuring that the implementation of the program would be a
continuing County goal.
The resolution, as introduced, contained priority designations for
targeting the allocation of funds. The priority order of the target
areas were: 1) Wellington; 2) Berthoud, Downtown Fort Collins, NE Fort
Collins, and Downtown Loveland; and 3) East Loveland, Center for
Advanced Technology in Fort Collins. The resolution also directed the
Enterprise Zone Administrator to carry out four specific activities to
ensure that the legislative intent of the Enterprise Zone Act is met and
sustained in the implementation of the program.
Several members of the Economic Development Committee expressed concern
regarding the prioritization of target areas in the resolution. Several
suggested that the resolution would take away local control in
determining the most effective areas for enterprise zones throughout the
County.
Commissioner Disney explained that the premise behind the prioritization
of target areas was to ensure that legislative intent was addressed. He
stated that some parties may see the program as simply another economic
development tool, but that he saw it as an opportunity for renewal of an
economically depressed area. He said his interpretation of the act was
to locate the enterprise zones in areas identified as including the
largest percentage of low-income, under-employed persons in order to
raise the standard of living and improve the quality of life of those
residing in the area. He expressed concern regarding the use of the
funds in areas that could be identified as already having productive
commerce with moderate to high income employment in place. He
reiterated his disinclination to support the application without some
indication that both the spirit and the letter of the law would be
addressed through a prioritization of target areas, even though he
supports economic development and the Enterprise Zone Program
completely.
After additional discussion regarding the issue, Commissioner Duvall
stated that she did believe that the collegial relationship between the
municipalities and the County must be maintained and that she believed
that the issue of local control was a strong contention against the
County's prioritization of target areas without their concurrence.
M O T I O N
Commissioner Duvall moved that the application, with the amendments
proposed by the State be approved, and that the resolution, with the
deletion of the priority target areas, and the redesignation of the
Enterprise Zone Coordinator to the Larimer County Enterprise Zone
Coordinator, be forwarded with the minutes of this meeting to the
Colorado Department of Local Affairs for approval.
Motion carried 2 - 1; Commissioner Disney dissenting.
R93-48g RESOLUTION REGARDING DESIGNATION OF AN ENTERPRISE ZONE
The meeting recessed at 11:20 a.m.
BUDGET WORKSESSION
(#196)
The Board of County Commissioners reconvened at 2:00 p.m. for a budget
worksession with Bob Keister, Budget Manager. Chairman Hotchkiss
presided; Commissioners Disney and Duvall were present. Also present
was Bill Gordon, County Administrator. Recording Clerk, S. Graves.
Mr. Keister stated that this worksession is a first in a series of
worksessions with the Board to define the basis by which departments
will construct their budget requests. Mr. Keister reviewed the current
budgeting practices in Larimer County, the roles and responsibilities of
officials in the budget process, and noted that preserving the current
level of service has been the highest priority in the budget process.
Commissioner Duvall expressed interest in exploring results-oriented
budgeting as outlined in the book, "Reinventing Government", in which a
mission is identified and priorities are determined based on the
mission. She would like to develop an initial vision statement for the
County and then meet with each department to come into alignment with
the vision to improve the quality of life for all citizens in Larimer
County, insofar as they are willing to pay for it, and to help bring
people and answers together. Each department would come up with their
goals and objectives.
After lengthy discussion of many alternative ways to develop the budget
process, Chairman Hotchkiss suggested proceeding this year with the
traditional budget process and looking for every possible way to modify
it for 94' with the least disruption possible. He emphatically stated
he does not want to reduce staff, he wants to continue the benefits and
level of support to the grants, and continue with the present level of
service; Commissioners Disney and Duvall agreed.
The meeting adjourned at 3:45 p.m.
TUESDAY, APRIL 13, 1993
ADMINISTRATIVE AND LEGAL MATTERS
(#198)
The Board of County Commissioners met at 9:30 a.m. in regular session
with Bill Gordon, County Administrator. Chairman Hotchkiss presided;
Commissioners Duvall and Disney were present. Also present were: Rena
Mackrill, Director of Human Development; Wayne Buhlig, Weatherization
Director; Dr. Adrienne LeBailly, Health Department Director; Ralph
Jacobs, Personnel Director; George Hass, County Attorney; and Jeannine
Haag, Assistant County Attorney. Recording Clerk, S. Graves/D. Lord.
1. PROCLAMATION DESIGNATING "LARIMER COUNTY DETENTION OFFICERS WEEK"
May 2ND THROUGH MAY 8TH, 1993. Commissioner Duvall read the
proclamation into the record, as submitted by Sheriff Shockley.
CONSENSUS OF THE BOARD was to proclaim May 2nd through May 8, 1993 as
"Larimer County Detention Officers Week."
2. REQUEST FOR APPROVAL AND SIGNATURE ON TWO STATE GRANT AWARD LETTERS:
A.) LOW-INCOME ENERGY ASSISTANCE PROGRAM (LEAP), and, B.) DEPARTMENT OF
ENERGY (DOE) GRANT. Mr. Buhlig reported to the Board that the grants
for weatherizing the homes of low-income residents have been extremely
successful in conservation of energy resources and expenditures for home
energy costs. Mr. Buhlig also responded that the grants are funded by
the Federal Department of Energy and Public Service.
MOTION
Commissioner Duvall moved that the Board approve the two State Grant
Award Letters, and authorized the Chairman to sign same.
Motion carried 3 - 0.
3. REQUEST TO ALLOW DONATED LEAVE FOR CHARLOTTE RAZEY: Dr. LeBailly
explained that Ms. Razey, an employee of the Health Department, has
experienced a long-term illness in her family and has exhausted all of
her vacation and sick leave. Dr. LeBailly stated that the employees of
the Department have expressed their desire to transfer leave credits to
assist Ms. Razey during this period of family illness. Only the
employees of the Health Department would be participants in this
request. Chairman Hotchkiss noted that the Board had previously
approved a similar request for another employee for a 90-day period.
MOTION
Commisoner Disney moved that the employees of the Health Department may
transfer sick-time hours of no more than 90 days to the personnel
account of Charlotte Razey for her use during the current family
emergency.
Motion carried 3 - 0.
4. APPOINTMENTS AND REAPPOINTMENTS TO THE YOUTH SERVICES BUREAU
ADVISORY BOARD: The following recommendations for appointment and
reappointment of members to serve on the Youth Services Bureau Advisory
Board were submitted for consideration by the Board by Paul Cooper,
Director of Community Corrections.
MOTION
Commissioner Duvall moved that the Board appoint David H. Johnson,
Jacquelyn L. Upshaw, Debra Fay Bueno, Mike Elijah, and Bob Klinger; and
reappoint Pete Baker, Marv Boeding, Jan DeWitt, and John Longtin, to the
Youth Services Bureau Advisory Board, each for a 3-year term ending
December 31, 1995, as recommended by the Community Corrections Director.
Motion carried 3 - 0.
5. WORKSESSION:
(COMMISSIONER'S REPORTS):
-- Commissioner Disney reported that he had a copy of the Articles of
Incorporation for the North Front Range Transportation Planning Council
available for review by the other Commissioners in his office.
-- Commissioner Disney also introduced the issue of the revision of the
design for the Denver airport which appeared to restrict access to the
airport from the northern counties, increase gridlock on the surrounding
and incoming highways accessing the airport, and be in violation of the
agreement Denver County made with Adams County regarding economic
issues. He reported that several other counties are sending letters to
the Congressional Subcommittee on Aviation requesting a public hearing
regarding the impact to other Colorado counties and citizens as a result
of the design changes. After discussion, CONSENSUS OF THE BOARD was to
send a letter to the Honorable James Oberstar, Chairman of the House
Sub-Committee on Aviation, requesting a public hearing be called to hear
testimony regarding the revisions in the design.
-- Commissioner Disney invited the Board Members to a brown-bag lunch in
the Commissioner's Hearing Room at noon on Wednesday, April 21, 1993 to
view his slides of Mt. McKinley, and noted this will be a fund raiser
for Tyler Zander.
-- Commissioner Duvall submitted for consideration a Vision Statement
for adoption by the Board. She said that as a result of the County
Retreat and the discussion at the Budget meeting on Monday afternoon,
she believed that there was a need for a formal County Vision Statement.
With the permission of the Chair, she read the Proposed Overall Vision
for Larimer County Government, as follows: "Solve problems and improve
the quality of life for all County Citizens by being responsive to what
people want, need and are willing to support; ...Empower individuals and
communities rather than simply delivering services, ...Meet the needs of
the customer, not the bureaucracy, ...Invest in prevention rather than
cure." She added that Departments would then develop Mission
Statements, with Goals and Objectives that would align with the overall
vision.
-- Commissioner Disney suggested that the statement be expanded to add
references to 1) excellence and 2) trust and respect. After discussion,
it was the consensus of the members that they would discuss the
statement informally and bring back a completed product for action in
the near future. The development and processing of the survey discussed
at the retreat would be finalized at that time.
-- Mr. Gordon reported that he was in receipt of correspondence from
Frank Lancaster regarding the notification that applications were being
accepted by the County for appointment to the Environmental Advisory
Board. Mr. Disney said that the Board was extremely supportive of this
advisory group and wanted to go on record to express the Board's
appreciation of Mr. Lancaster for taking the lead in this project.
-- The Board discussed the format and agenda for the meeting on
Wednesday, April 14, 1993 at 4:30 and 6:00 p.m. Chairman Hotchkiss
reviewed his statement and the format that would be followed. It was
decided that all of the Commissioners would make a brief opening
statement. Following the opening statements, Mr. Jacobs will review the
employee responses to the survey regarding the 1% salary increase. Then
the floor will be opened to all employees to make statements regarding
the issue. Commissioner Duvall requested a form be made available for
those employees who wished to contribute, but were not comfortable
speaking at the public meeting. Mr. Jacobs agreed to have one
available at the meeting.
6. DOCUMENT REVIEW: The following documents, of routine nature, were
considered by the Board:
MOTION
Commissioner Duvall moved that the Board approve the Minutes for the
week of April 5, 1993, and the agenda for the week of April 19, 1993, as
submitted.
Motion carried 3 - 0.
MOTION
Commissioner Duvall moved that the Board approve Petitions for Abatement
for Archie Solsky, Everwest, Palmer Plaza, Robert & Susan Protti,
Slappey Mtn. Enterprises, Inc., J.H. Properties, Stanley & Myrtle
Preuss, David/Ann/Hans/ Huber, Richard Vandermeer, Kenneth & Elaine
Larson, Arlen Chenot, William McClelland, and Exchange Partners.
Motion carried 3- 0.
MOTION
Commissioner Duvall moved that the Board approve the following
miscellaneous documents: Lefler Minor Residential Development Plat;
and, Amended Prime Minor Residential Develoment Plat.
Motion carried 3 - 0.
LIQUOR LICENSES: County Approval was granted to Overland Foods, 3.2% -
LaPorte, CO; South Taft Liquor, 6% - Fort Collins, CO; and Johnsons
Corner, 3.2% - Loveland, CO. A License was issued to Pot Belly
Restaurant & Lounge, 6% WITH EXTENDED HOURS - Red Feathers Lakes, CO;
and Carter Lake Marina, Inc. 3.2% - Loveland, CO.
MOTION
Commissioner Duvall moved that the Board approve the following
documents:
A93-64 AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND COLORADO
LEGAL SERVICES (For Provision of Legal Advice, Service and/or
Referral for Low-Income, Rural Residents)
A93-65 AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND LARIMER
COUNTY DOMESTIC ABUSE INTERVENTION PROJECT (For a County-Wide
Interagency Network of Services)
A93-66 AGREEMENT REGARDING ATTACHMENT I - OPERATING AND FINANCIAL
PLAN FOR REIMBURSABLE SERVICES REQUESTED BY FOREST SERVICE
BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE FOREST
SERVICE
A93-67 AGREEMENT BETWEEN THE COUNTY BOARD OF COMMISSIONERS AND JERRY
PEREGOY dba PEREGOY SONS LANDSCAPING (For Weed Enforcement -
Mowing)
A93-68 AGREEMENT BETWEEN THE COUNTY BOARD OF COMMISSIONERS AND JERRY
PEREGOY dba PEREGOY SONS LANDSCAPING (For Week Enforcement -
Herbicide Applications)
A93-69 AGREEMENT BETWEEN THE COUNTY BOARD OF COMMISSIONERS AND LEE
FRUDDEN dba AAA WEED CONTROL (For Weed Enforcement -
Herbicide Applications)
A93-70 AGREEMENT BETWEEN THE COUNTY BOARD OF COMMISSIONERS AND
EARL ALPS dba ALPS' CUTTING SERVICE (For Weed Enforcement -
Mowing)
R93-49s FINDINGS AND RESOLUTION CONCERNING THE DENIAL OF THE PLAT
OF ROSE ANNE MINOR RESIDENTIAL DEVELOPMENT
R93-50s FINDINGS AND RESOLUTION CONCERNING THE EXTENSION OF
PRELIMINARY PLAT APPROVAL OF BALDPATE II SUBDIVISION
R93-51s FINDINGS AND RESOLUTION CONCERNING THE PRELIMINARY PLAT
OF PTARMIGAN P.U.D., 2ND FILING
R93-52z FINDINGS AND RESOLUTION CONCERNING THE MASTER PLAN AND
PRELIMINARY PHASE PLAN OF PORTER INDUSTRIES BUSINESS PARK
P.U.D. AND PETITION FOR REZONING
Motion carried 3 - 0.
7. LEGAL MATTERS:
Jeannine Haag presented documents for the Board's approval and the
Chairman's signature, as agreed to during Legal Matters on March 25,
1993.
M O T I O N
Commissioner Disney moved that the Chairman sign two documents as
approved by the Board on March 25, 1993; a Subdivision Improvement
Agreement and an Addendum to Subdivision Improvement Agreement for
Ptarmigan Subdivision, Second Filing, as recommended by Assistant County
Attorney, Jeannine Haag.
Motion carried 3 - 0.
A93-71 SUBDIVISION IMPROVEMENT AGREEMENT BETWEEN THE BOARD OF COUNTY
COMMISSIONERS AND WINDSOR INVESTMENTS, LTD., REGARDING
PTARMIGAN SUBDIVISION SECOND FILING
A93-72 ADDENDUM TO SUBDIVISION IMPROVEMENT AGREEMENT BETWEEN THE BOARD
OF COUNTY COMMISSIONERS AND WINDSOR INVESTMENTS, LIMITED FOR
PTARMIGAN SUBDIVISION
M O T I O N
Commissioner Disney moved that the Board go into Executive Session at
10:50 a.m. to discuss litigation.
Motion carried 3 - 0.
The Board came out of Executive Session at 11:00 a.m. and took the
following action:
M O T I O N
Commissioner Disney moved that the Board authorize filing of Eminent
Domain Proceedings against Mary K. and William B. Harris, as Trustees,
concerning a bridge on County Road 63E.
Motion carried 3 - 0.
The meeting adjourned at 11:15 a.m.
WEDNESDAY, APRIL 14, 1993
MEETING WITH STEVE MILLER, COUNTY ASSESSOR
(#199)
The Board of County Commissioners met at 2:00 p.m. in regular session
with Steve Miller, County Assessor. Chairman Hotchkiss presided;
Commissioners Disney and Duvall were present. Also present was Bill
Gordon, County Administrator. Recording Clerk, S. Graves.
Mr. Miller stated that the purpose of today's meeting is to discuss
abatements and review Board of Equalization procedures with the Board.
Mr. Miller presented a packet to the Board containing pamphlets on
"Abstract of Assessments and Levies" and Impact of Amendment I on the
Colorado Property Tax System. Mr. Miller noted that the pamphlet,
"Questions and Answers regarding the Real Property Valuation & Appeal
Process", will be sent to every property owner with their Notice of
Valuation and hopefully will reduce the number of protests thru
understanding of the increased value to their property. Mr. Miller
stated that Amendment #1 requires that a Notice of Valuation be sent to
every property owner annually; thereby greatly increasing expenditures
thru mailing and overtime in the Assessor's and Clerk's Office, and
increasing costs for the Commissioners. Previously, approximately
25,000 NOV's were mailed every other year and only for those properties
which reflected a change during that year.
In response to Commissioner Duvall's concern for the number of
abatements being recommended for approval by the Board, Mr. Miller
stated that the number of requests for abatement should be less in the
future because they will be for parcels for which he set the value, and
also a Bill may be introduced which will limit the number of allowable
reasons to apply for abatement. Mr. Miller stated that a request for
abatement is for taxes already collected, and the Board can refuse to
grant the abatement. A protest to the Board of Equalization is a
request for reduction in value; the Board is to determine if value
placed is fair and equitable.
The meeting recessed at 3:20 p.m.
BOARD OF COMMISSIONERS/COUNTY EMPLOYEES MEETINGS
The Board of County Commissioners met at 4:30 and 6:00 p.m. in open
session in the City of Fort Collins Council Chambers with Employees of
Larimer County. Chairman Hotchkiss presided; Commissioners Duvall and
Disney were present. Also present were: Bill Gordon, County
Administrator; and Ralph Jacobs, Personnel Director. Recording Clerks,
S. Graves/D. Lord.
NOTE: THE DISCUSSION AND FOCUS OF BOTH MEETINGS WERE SO DUPLICATIVE THAT
THE MINUTES OF THE MEETINGS HAVE BEEN COMBINED IN THIS SUMMARY REPORT.
Chairman Hotchkiss thanked those attending the meetings for taking the
time to meet with the Board. He stated that the principal reason for
the meetings was to allow employees the opportunity to communicate their
response to the proposed salary increase directly to the Board. The
secondary reason was to allow the employees to become acquainted with
the new Board and its philosophy and orientation. He expressed his
desire to assure all of those attending the meeting that the Board was
sincere in its commitment to improveing communication between the Board
and County Employees.
Commissioner Duvall defined her concept of leadership as one of teamwork
and maintaining open channels of communication. She related her belief
that participatory government was the direction that should be taken to
obtain a more productive and accountable County bureaucracy, as one that
would benefit both County residents and employees. She expressed her
endorsement of an open-communication and multi-level participating style
for the County structure to operate under for the next four years.
Commissioner Disney began by telling of his admiration for the Employees
in the departments that he and Commissioner Duvall had visited during
the past few months. He said that he had been very impressed by the
commitment and dedication he had observed during his visits, and that he
was proud to be working with this caliber of employee. He related his
desire to have open and honest communication to foster a relationship
based on trust between the Board and the employees. Commissioner Disney
said he would welcome honest and constructive suggestions as to how that
goal could be reached.
Ralph Jacobs reported on the responses to the Employee Survey instrument
that had been circulated among the departments. He announced that the
overwhelming majority of respondents had indicated that the 1% salary
increase on July 1st was their first choice. Mr. Jacobs then discussed
the proposed Ad Hoc Committees being developed for employee
participation. The two committees are: a) Employee Grievance,
Discipline and Complaint Committee to work on the revision and update of
the Personnel Manual. This Committee would be advisory, not
policy-making; and, b) An Employee Suggestion Committee to make
recommendations regarding all aspects of County Government. This
Committee would be advisory, as well. Mr. Jacobs will make the final
recommendations to the Board for committee membership, as well as final
personnel policy recommendations from proposals that will be developed
by the committees. Both committees will meet on work time, for eight or
less hours each month.
The following issues were discussed at length in both meetings, and are
summarized below:
EMPLOYER/EMPLOYEE RELATIONS BOARAD: Commissioner Disney asked for a
show of hands to show support of a committee of this type in both
meetings. A majority of both groups indicated endorsement, with the
following comments:
1) The name should not be the EERB due to the negative opinion most
long-time employees and management hold because of past problems.
2) The Board should make certain that Department heads and supervisors
support the participation of their employees, as implied harassment kept
many from participating in the past.
3) The Board should have a representative meet with the group to bounce off
ideas, so that there would be a Board member with knowledge of the
rationale behind recommendations and policy matters when brought to
the full Board.
4) Allowance must be made for minority opinions to be included when
presentations are made before the Board, both individual and
sub-group opinions should be accepted for consideration.
Chairman Hotchkiss responded that there was Board policy that Department
heads support the participation of their employees in all committees
approved by the Board. Commissioner Disney asserted that any Department
head not following the Board policy would be made aware that they were
violating the policy at their own jeopardy.
JOB SECURITY: Concern was expressed regarding the possibility of
lay-offs due to the impact of Amendment 1 on the County budget.
Chairman Hotchkiss assured those present that the employees of the
County were a top priority of the Board and that no one should fear
lay-offs. He said that there may be a possibility, as budget
constraints are exacerbated by the enactment of the provisions of
Amendment 1, of salary or benefit freezes, hiring freezes, or similar
actions the Board will have to take to balance the budget, but lay-offs
would be the last to be considered.
Commissioner Disney illustrated the situation the Board is facing under
Amendment i as a "black box" representing the County's budget. Income
from taxes go into the "box", and the amount of income from taxes (money
in the County bank-account) cannot be increased without voter approval.
The amount of money the Board can expend (withdraw to spend) out of the
"box" remains the same as prior to Amendment 1, with small increases for
cost-of-living and similar constraints. Therefore, the amount of money
in the "box" will probably remain fairly static during the next year or
two. The Board's ability to redirect income within the "box" in the
most efficient and responsive manner to the identified needs and
priority services for County residents will be a complex and difficult
task. He reiterated Chairman Hotchkiss' statement that County employees
need not fear that they would become a target for cost-cutting when the
budget was developed.
Commissioner Duvall shared the Board's primary goal, developed as a
result of a Retreat the Board had with Department heads, was to work
toward ensuring that the residents of Larimer County would earn a
"living wage" and that their quality of life would be improved as a
result. She said that omitting County employees from this goal would be
inconsistent with their future vision for the County. She echoed the
position that continuation of existing employees is a priority of the
Board.
BOARD/EMPLOYEE COMMUNICATION: Commissioner Duvall expressed her hope
that those attending the meeting would fill out the "yellow form" that
was distributed as they entered. She explained that the Board was
looking for creative ways to make the County a better place to work, to
provide services for the citizen customers of the County, and to allow a
forum for employees to identify problems that were obstructing the
realization of these goals. Commissioner Duvall expalioned that the
Board was not intending to provide a forum for employees to undermine
their supervisors or Department heads, but that the Board should be
aware of obstructive management activities in order to act as a catalyst
for change.
Chairman Hotchkiss and Commissioner Disney echoed the statements of
Commissioner Duvall, and expressed their desire for better communication
and cooperation between all factions of County Government.
FUTURE MEETINGS: It was the CONSENSUS OF THE BOARD and the Employees
attending the meetings that similar meetings should be held on a regular
basis to maintain the open exchange of ideas resulting from these
meetings. The Board will analyze and identify the best times and
locations for future meetings of this nature. It was suggested that
lunch hours, town meetings, and other times and places be evaluated to
provide for the most accessible meetings with the goal of increased
employee attendance and participation.
The earlier meeting recessed at 5:45 p.m.; the later meeting was
adjoured at 7:20 p.m.
__________________________________
COURTLYN W. HOTCHKISS, CHAIRMAN
BOARD OF COUNTY COMMISSIONERS
( S E A L )
ATTEST:
_________________________________________
Sherry E. Graves, Deputy County Clerk