> Meetings & Minutes > 1994 Minutes

PROCEEDINGS OF THE BOARD OF COUNTY COMMISSIONERS

MONDAY, SEPTEMBER 26, 1994

SUBDIVISIONS

(#127)

The Board of County Commissioners met at 9:00 a.m. in regular session with John Barnett, Director of Planning. Chair Duvall presided; Commissioners Disney and Hotchkiss were present. Also present were: Al Kadera, Subdivision Administrator; Rex Burns, Engineering; and Jeannine Haag, Assistant County Attorney. Recording Clerk, S. Graves.

Mr. Barnett requested the Board to table the Sun Valley Mobile Home Park (#94-MZ0452) until November 14, 1994.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners table the Sun Valley Mobile Home Park (#94-MZ0452) until November 14, 1994, as requested by Mr. Barnett.

Motion carried 3 - 0.

Mr. Barnett stated that the following is a consent item and will not be discussed in detail until requested by the Commissioners or members of the audience.

1. THE POINT, PHASE III (#94-0528): N 1/2 26-08-69; SOUTH SIDE

OF COUNTY ROAD 54 (DOUGLAS ROAD), 1/2 MILE WEST OF

COLORADO HIGH 1; 2.42 ACRES; 20 LOTS; M-MULTIPLE

ZONING (09-26-94).

This is a request for a Planned Unit Development to create 19 dwelling units (five detached single family; five duplex units; one 4-plex unit) on 2.42 acres with 1.2 acres of open space (Approved Master Plan titled The Point PUD). Mr. Kadera reviewed the background of the project and noted that approval of this application will complete the project; brief discussion ensued. Staff Findings include: 1) This site was zoned M-Multiple Family in 1971; 2) The proposed density is consistent with the existing zoning of the site and with the guidelines contained in the Intergovernmental Agreement for the Fort Collins Urban Growth Area; 3) The proposed development is consistent with the Master Plan previously approved for this site; 4) The applicant has demonstrated that adequate utilities and access are available to serve this project; 5) Approval of this project, with the following conditions, will not result in any significant negative impacts on surrounding properties, utility services, transportation facilities or the natural environment.

The Staff/Urban Growth Area Review Board Recommendation is for Approval of the Preliminary Phase Plan for The Point, Phase 3, with the following conditions: 1) The Final Plat shall be completed in strict conformance with the conditionally approved Preliminary Phase Plan and with all requirements of the Larimer County Subdivision Resolution and Planned Unit Development Resolution; 2) The Final Plat application shall address the concerns expressed by the State Department of Transportation about the intersection of State Highway 1 and Douglas Road; the applicant is encouraged to work with the developer of Eagle Lake; 3) All concerns expressed by the County Engineer shall be addressed in the Final Plat application; 4) A written commitment from Cherry Hills Sanitation District to serve these units shall be submitted with the Final Plat application; 5) Any utility extensions, road improvements, landscaping or other improvements needed to serve these dwelling units shall be included in a Subdivision Improvements Agreement, which must be secured by appropriate collateral; 6) All concerns of the Poudre Fire Authority shall be addressed in the Final Plat application; 7) Easements requested by Public Service Company shall appear on the Final Plat; 8) The following notes shall appear on the Final Plat: a) Larimer County Park Fees for the Fort Collins Urban Growth Area shall be collected with a building permit is issued for each dwelling unit; b) The off-site street capacity waiver fee shall be collected when a building permit is issued for each dwelling unit; c) The townhouse units on this site are subject to an assessment in a special improvement district, which if not paid when due, will result in a lien on each unit; d) Engineered foundation plans shall be required for all construction on this site; e) The results of a radon test shall be submitted to the Planning Division for each townhouse unit before a Certificate of Occupancy is issued. Gene Fischer, attorney for Terry Point Development Company, stated that the conditions are acceptable.

M O T I O N

Commissioner Hotchkiss moved that the Board adopt the Staff Findings and Staff/Urban Growth Area Review Board Recommendation and approve The Point, Phase III (#94-MS0528), with conditions as outlined.

Motion carried 3 - 0.

2. REQUEST FOR APPROVAL OF FINAL PLAT FOR HORSESHOE VIEW

ESTATES NORTH - 1ST FILING:


M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the Final Plat for Horseshoe View Estates North - 1st Filing and the Subdivision Improvements Agreement, as presented.

Motion carried 3 - 0.

A94-142 SUBDIVISION IMPROVEMENT AGREEMENT BETWEEN THE

BOARD OF COUNTY COMMISSIONERS AND APPLE HOMES,

INC., A COLORADO CORPORATION (Horseshoe View Estates

North - First Filing)

The meeting recessed at 9:20 a.m.

PUBLIC HEARING ON REGULATION CHANGES

FOR CASELOAD MANAGEMENT

(#128)

The Board of County Commissioners reconvened at 4:30 p.m. for a Public Hearing regarding Regulation Changes for Caseload Management. Chair Duvall presided; Commissioners Disney and Hotchkiss were present. Also present were: John Barnett, Director of Planning; Russ Legg, Chief Planner; Frank Lancaster, Interim County Administrator; and Jeannine Haag, Assistant County Attorney. Recording Clerk, S. Graves.

1. Introduction: Chair Duvall stated that the purpose of today's public hearing is to discuss the concept of caseload management and consider changing some of the language in some of the subdivision regulations. She reviewed the background for this meeting, noting that a month ago a public meeting was held in which the idea of caseload management was proposed. A public informational meeting was held and comments received during that meeting have been considered and drafted into a new proposal, which is being considered today, with the deletion of the concept of a numerical cap. Chair Duvall noted that the Board of County Commissioners has not made a decision regarding the numerical cap and adoption of same could still be considered and adopted today.

2. Background and Proposal: Mr. Barnett reviewed the history leading to the concept of caseload management, noting that in 1992 there was a dramatic increase in the number of development review applications in the County. In 1993, nearly all the resources of the Planning Department were rechanneled into development review activities; in 1994, some of those development review activities began to exceed the planning staff's capacity to do an adequate job of development review and the Board expressed a strong desire for staff to work on long-range planning issues. Mr. Barnett described the problems being encountered in the planning department and presented three options for their resolution: 1) Limit the number of applications to be accepted; 2) Staff review the maximum number of applications it can handle and the remainder would be backlogged; 3) Any applicant whose submittal has been backlogged can request their application be moved forward to public hearing within a finite period--the Planning Commission recommended 60 days. Mr. Barnett stated that staff has reviewed how 60 days would work within the review process and what it would take to bring additional resources on line; their recommendation is that that number should be a minimum of 90 days. Mr. Barnett outlined the advantages and disadvantages of each of the three options and stated that each of these options will require changes in the regulations for implementation.

3. Citizen Comment: Vince Perieka, representing a group of landowners in Larimer County, noted that the three options just presented are not in the handout for today's meeting and he is not prepared to address them in detail because they represent different problems and solutions than he is prepared to address. He expressed concern about the statement under the recommended action: "These amendments remove all regulatory reference to development review within a specified time period". This statement signals inherent problems that the amendments may create--it gives the appearance that Staff may not have incentive to move things forward. He recommended a simple database on a computer as a fundamental administrative tool for tracking applications would be very helpful to the planning department. He addressed the problem of incomplete applications taking excessive, valuable staff time to review and process. This problem could be very easily resolved in that if the application is incomplete, it should not be reviewed and processed. Mr. Perieka described another effective tool the County might consider is the "sketch plan"; the "sketch plan" purpose is for initial determination of potential feasibility of a project, including review of conceptual design, legal ability to obtain water and sanitation, location of geological hazards, and conformance with the comprehensive plan--it is a very significant first step. John Chilson, attorney, addressed the Board and requested clarification regarding the three problems in the memo, the three proposals, the recommended action, and the options presented by Mr. Barnett. Chair Duvall stated again that the purpose of today's meeting is the recommended action suggested by staff and to decide whether or not to remove all regulatory reference to development review within a specified time period. Mr. Chilson also asked the Board if the option to limit the number of applications to be accepted should be adopted, what happens to the application that comes in last--does that go on a list and come in first the next month or do you have to wait until next month and resubmit; the response was that that application would be first accepted the following month. Mr. Chilson also asked about what recourse does the applicant have in getting a timely response to his project if there is no time limit, does his application go into a black hole with no way out. Mr. Barnett explained that within the 90-day period the project would go to concept technical review and proceed along the same project schedule they now use; the applicant would have recourse by coming to staff to schedule a hearing. Mr. Chilson recommended that an amendment be attached that informs the applicant of this fact. Mr. Chilson also cautioned the Board that staff is requesting language be drafted that deals with quality of applications; therefore, the Board is vesting in staff functions of judgment and discretion which, in the past, have been reserved solely for the Board. Pete Solig, Kathy Kuhlman, David Lauer, Frank McCrae, and Len Roark also addressed the Board and expressed their opinions in support and in opposition to the options and proposals, and offered several other suggestions for the Board to consider.

4. Discussion by Commissioners: The Commissioners each expressed their opinions regarding these revisions to the subdivision and planned unit development regulations and indicated they plan to support them, as they want Staff to have time to work on long-range planning. Chair Duvall wants the revisions to include instructions for the applicant regarding procedures to follow when the 90 days expire and that a review of the revised regulations be held one year after adoption to ascertain its effectiveness

M O T I O N

Commissioner Disney moved that the Board approve the amendment to Subdivision Resolution Section 32.(B)(2) to delete "within 35 days" and change it to read "90 days"; amend the last sentence in the Planned Unit Development Resolution to read "There shall be no deadline for submitting plans for this review; the Staff shall have no less than 28 days and no more than 90 days to make a field inspection and return comments to the applicant; and amend Section VIII(c)(5)(a)(2) to read the same. A review of these revised regulations will be held within one year to determine their effectiveness, and the County Attorney will draft a resolution to include the intent of the Board regarding these matters.

Motion carried 3 - 0.

The meeting adjourned at 5:45 p.m.

TUESDAY, SEPTEMBER 27, 1994

HEALTH AND ENVIRONMENT DEPARTMENT QUARTERLY MEETING

(#127 @ 550)

The Board of County Commissioners met at 9:30 a.m. in regular session with Dr. Adrienne LeBailly, Director of Health and Environment Department. Chair Duvall presided; Commissioners Disney and Hotchkiss were present. Also present was Frank Lancaster, Interim County Administrator. Recording Clerk, S. Graves.

1. Update on Filling of Environmental Health Director Position: Dr. LeBailly informed the Board that an advertisement for an Environmental Health Director will run in the Journal of Environmental Health in November, 1994; she asked which Commissioner would like to serve on the Search Committee. Commissioner Disney indicated he would be happy to serve; therefore, CONSENSUS OF THE BOARD was for Commissioner Disney to represent the Board of County Commissioners on the Search Committee to conduct interviews and select the new Environmental Health Director. Dr. LeBailly stated she will be working with the Personnel Director in revising and updating the job description for this position; Commissioner Disney requested a copy of same be sent to him when the job description is revised and updated.

2. Board of Health and Board of County Commissioners - Discussion of Roles when Department has two "Policy" Boards: Much discussion ensued regarding the individual functions and statutory responsibilities of the Board of Health and Board of County Commissioners. Dr. LeBailly wanted to take this opportunity to review these responsibilities with the Board, but indicated she was not suggesting making changes to the arrangement as it is now, only to apprise the Commissioners of the different responsibilities. Dr. LeBailly stated that the Board of Health has served as the policy board on health issues and the Board of County Commissioners has served as the policy board on administrative issues.

Dr. LeBailly noted that one of the issues which the Board of Health will be dealing with during the next six months will be the revision of the ISDS (Individual Sewage Disposal Systems) regulations; the State Board of Health has done revisions at the state level and, therefore, we have to make appropriate changes in the local regulations. Dr. LeBailly noted that the Board of Health will hold public hearings on the regulations before they are voted on. She stated that these regulations, from a policy point of view, could be fairly significant because they are going to impact development and planning and zoning decisions which ultimately come before the Commissioners for approval. She invited the Board to participate in making these revisions, if they desire to do so.

Chair Duvall asked if there will be any revisions to the regulations involving air quality and she asked about the status of the air quality study which was conducted in the LaPorte area. Dr. LeBailly stated that she understands that the state has put this study on the "back burner" because the results being obtained were not significant and, therefore, given a low priority. Dr. LeBailly will follow up on this and report back to the Board. There was much discussion with regard to what can be done about changing the regulations regarding air quality, septic systems, and issuance of building permits.

Dr. LeBailly stated that in the past, Commissioner Boards haven't been interested in doing performance evaluations on her position or on the two other appointed positions, Environmental Health Director and Community Health Director; this has been done informally by the Board of Health. Dr. LeBailly understands that this Board of Commissioners is interested in doing formalized performance evaluations; therefore, she suggested that maybe both Boards can work together on this in the future. Commissioner Hotchkiss stated that the two Boards must understand the relationship between the two Boards -- the Board of County Commissioners handles personnel, budget, salaries and space; the Board of Health handles policy matters related to health and environmental issues. Commissioner Hotchkiss noted that there is currently a very good working relationship between the two Boards, due in great part to the efforts of Dr. LeBailly.





3. Community Health Improvement Initiative: Dr. LeBailly noted that the Health Department is working with various other agencies and organizations to look at health needs and goals of the community in a broad sense, beyond the health care access issue. Dr. LeBailly stated that the Health Care Access Coalition has taken the lead on this and hopes to serve as an umbrella under which information from other planning groups can be brought together to provide a centralized source of information for decision makers seeking information about community needs and priorities.

4. Annual Report: Dr. LeBailly reported that the Bi-Annual Report for the Health Department will be out soon.

The meeting recessed at 10:40 a.m.

PRESENTATION ON SYSTEM FOR CONSERVATION DEVELOPMENT

(#129)

The Board of County Commissioners reconvened at 1:30 p.m. in regular session with Tom Hobbs, Colorado Division of Wildlife. Chair Duvall presided; Commissioners Disney and Hotchkiss were present. Also present were John Barnett, Director of Planning, and Frank Lancaster, Interim County Administrator. Recording Clerk, S. Graves.

Mr. Hobbs stated that he is a researcher for the Division of Wildlife and the mission of the Research Group is to develop procedures and approaches which solve present day problems for the Division of Wildlife. Mr. Hobbs noted that the purpose of today's meeting with the Board is to talk about a project in that general category, and he presented slides outlining that project. The project is called System for Conservation Development and its goal is to obtain, assemble and distribute state of the art information on effects of land use on wildlife diversity, particularly land use associated with residential expansion in Colorado and the West.

Mr. Hobbs stated that the project needs decision makers, planners, scientists, and leaders to work on the collaborative design and information system; he has approached three other counties to participate in this project, and they are interested, and Larimer County is the fourth county he will approach to be involved, as initially they only have resources to work with four counties. Mr. Hobbs stated that funding has been appropriated for this project and what he is looking for is time and enthusiasm; participation will require monthly half-day meetings for six or seven months. He noted that the greatest impact would on the GIS Staff. Mr. Barnett added that the data gathered from this project will take the information they have in Planning one step further in terms of analysis; it will provide scientific data to back up land use decisions. Mr. Barnett thinks this project is well worth the time and effort we will put into it. Commissioner Hotchkiss asked how long will the funding last. Mr. Hobbs stated there are two sources of funding, $640,000 has been authorized for the project and it is a three-year project. Chair Duvall added that this project will allow us to be more pro-active in a positive way. CONSENSUS OF THE BOARD was for Larimer County to take the first step in becoming a participant in this project by directing Mr. Lancaster and Mr. Barnett to work together in drafting a letter requesting that Larimer County be considered for the pilot project for the System for Conservation Development Planning in Larimer County.

The meeting adjourned at 2:30 p.m.

WEDNESDAY, SEPTEMBER 28, 1994

ADMINISTRATIVE MATTERS

(#130)

The Board of County Commissioners met at 9:30 a.m. in regular session with Neil Gluckman, Assistant County Administrator. Chair Duvall presided; Commissioners Disney and Hotchkiss were present. Also present was Donna Hart, Assistant to the County Administrator. Recording Clerk, S. Graves.

1. WORKSESSION:

-- With regard to the new policy instituted last week concerning invitations the Board receives, Ms. Hart requested direction from the Board regarding what types of invitations should be brought to Administrative Matters; the Board responded that Ms. Hart should bring all the invitations to the Board for discussion. This week the invitations are: 1) Burlington Northern Railroad Open House Reception celebrating Operation Lifesaver Week on October 3, 1994 - the Board declined; 2) Colorado State University Business Day, October 12, 1994 for a reception and dinner; as it is the same evening at the joint meeting with the Board and the Cities of Fort Collins and Loveland, the Board declined; 3) First Annual Community Homecoming Parade on October 10, 1994 at 9:30 a.m.; as that time is the regular Monday morning Planning Meetings, the Board reluctantly declined; 4) CCI 1041 Powers/Land Use Workshop on October 28, 1994 at 9 a.m. at CCI Building in Denver; Commissioner Disney and Assistant County Attorney Jeannine Haag plan to attend.

-- Ms. Hart noted that the Public Works Department has scheduled their Christmas Open House for December 16, 1994; she suggested several dates for the Commissioner's Open House and requested a decision from the Board--the Board chose Wednesday, December 21, 1994 as the date for the Commissioner's Christmas Open House.

-- Chair Duvall informed the Board that she will be out of town the week of November 20, 1994; Commissioner Hotchkiss stated he will be out of town for a week starting October 19, 1994.




-- Ms. Hart noted she received a call concerning whether or not the Board would like the October 12, 1994 meeting with the Cities of Fort Collins and Loveland televised; if so, they will need to coordinate this meeting time with the City of Fort Collins to use their room; also, the Board needs to decide if they want to have the meeting taped or televised live; the Board agreed to the televising of the meeting and prefers to have it televised live.

-- Mr. Gluckman stated that Colorado State University has asked for a listing of legislative items the Board would like to be included on the agenda for the President's Community Relations Committee Meeting which Chair Duvall will be attending on October 4, 1994. The subjects recommended were fire building issues, up-front payment for state prisoners, 35-acre parcels, transportation funding, etc.

-- Mr. Gluckman received a call recently regarding the county policy for use of the Courthouse; he noted that currently policy states that 1st priority for use is for county staff and departments, 2nd priority is for federal, state, and local governments, and 3rd priority is for private non-profit use. Mr. Gluckman stated that the request received was for political purposes. After discussion, the Board suggested that Facility Manager Dick Anderson should review and possibly re-write the policy; Commissioner Hotchkiss stated that because of 2nd floor security, use of the Courthouse should be limited.

-- Mr. Gluckman asked the Board if they had additional subjects for discussion during the next Policy Worksession; Chair Duvall stated she would like to discuss the issue of the location of the new Courthouse and would like an update from Dick Anderson on this matter at that time before any final decision is made. Commissioner Hotchkiss would like to discuss several personnel matters and to review the role of appointed officials.

2. COMMISSIONERS' REPORTS - ADMINISTRATIVE:

-- Commissioner Hotchkiss suggested that the Board authorize the Personnel Director to "move forward" with the revised job description for the recently vacated Controller position; CONSENSUS OF THE BOARD was to approve the recommended revisions to the job description for Controller.

3. 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 September 19, 1994 and the Agenda for the week of October 3, 1994, as submitted.

Motion carried 3 - 0.


M O T I O N

Commissioner Disney moved that the Board approve the following miscellaneous documents: Skyview First Amended Plat; Johnson's Subdivision Amended Plat; Lawson Minor Residential Development Plat; and the La Madrina Subdivision Plat.

Motion carried 3 - 0.

LIQUOR LICENSES: Licenses were issued for the Charco Broiler - 6% WITH EXTENDED HOURS - Fort Collins, CO.; Summit Restaurant - 6% - Loveland, CO.; Beaver Inn - 6% - Red Feather Lakes, CO.; and the Homestead - 3.2% - Livermore, CO. County Approval was granted to the American Legion George Beach Post - 6% - Fort Collins, CO.; Kwik Korner - 3.2% - Berthoud, CO.; and Cow Palace - 6% - Fort Collins, CO.

M O T I O N

Commissioner Disney moved that the Board approve the following documents:

A94-143 SUBDIVISION IMPROVEMENT AGREEMENT BETWEEN THE

BOARD OF COUNTY COMMISSIONERS AND WILDFLOWER

RIDGE LIMITED LIABILITY COMPANY (Wildflower Ridge PUD)

A94-144 LEASE AGREEMENT BETWEEN THE BOARD OF COUNTY

COMMISSIONERS, ANDREW L. SAMPSON, D.D.S., AND

CITY OF FORT COLLINS (Parcel of Commercial Real Estate

at 110 N. Howes Street, Fort Collins, CO.)

A94-145 AMENDMENT TO SERVICE AGREEMENT BETWEEN THE

BOARD OF COUNTY COMMISSIONERS AND WYCO, INC.

(Amendment to the Service Agreement with Wyco, Inc.)

C94-57 CONTRACT BETWEEN THE BOARD OF COUNTY

COMMISSIONERS AND THE STATE OF COLORADO,

OFFICE OF ENERGY CONSERVATION (OEC)

(Youth Conservation Corps)

D94-29 QUIT-CLAIM DEED FOR TRANSFER OF CRYSTAL LAKES

LOT 86, 12TH FILING, PLANNED UNIT DEVELOPMENT

D94-30 QUIT-CLAIM DEED FOR TRANSFER OF CRYSTAL LAKES

LOT 79, 12TH FILING, PLANNED UNIT DEVELOPMENT

D94-31 QUIT-CLAIM DEED FOR TRANSFER OF CRYSTAL LAKES

LOT 85, 12TH FILING, PLANNED UNIT DEVELOPMENT

R94-119s RESOLUTION REGARDING THE RELEASE OF RESTRICTION

ON SALE OF LOTS - MAJORS MINOR RESIDENTIAL

DEVELOPMENT (#93-EX0288)

R94-120s FINDINGS AND RESOLUTIONS APPROVING THE PRELIMINARY

PLAT OF BUCK SUBDIVISION

R94-121s FINDINGS AND RESOLUTION APPROVING THE MASTER PLAN,

REZONING & PRELIMINARY PHASE PLAN OF GREYROCK

COMMONS PLANNED UNIT DEVELOPMENT

R94-122s FINDINGS AND RESOLUTION APPROVING THE PRELIMINARY

PLAT AND WAIVER REQUEST OF CRESTVIEW ESTATES

SUBDIVISION

Motion carried 3 - 0.

At this time, County Attorney George Hass joined the meeting for Legal Matters.

M O T I O N

Commissioner Disney moved that the Board go into Executive Session at 10:10 a.m. to discuss a personnel matter.

Motion carried 3 - 0.

The Board came out of Executive Session at 10:20 a.m. and took the following action:

M O T I O N

Commissioner Disney moved that the Board accept an Agreement and Release between the Board of County Commissioners and Jan K. Hawn, a terminated employee, and authorize the Chair sign same.

Motion carried 2 - 0; Chair Duvall abstaining due to personal conflict.

A94-146 AGREEMENT AND RELEASE BETWEEN THE BOARD OF

COUNTY COMMISSIONERS AND JAN K. HAWN





As a point of information, Mr. Hass informed the Board that responses have been received back from the interrogatories from the Department of Corrections on the jail over-crowding issues. As suspected, they have no room either and their attitude seems to be that since they are permanent long-term confinements, and we have short-term temporary confinements, the inconvenience to the prisoners with double bunking, sleeping in hallways, etc. ought to be in the short-term area in the county jails rather than in long-term areas in the prison system.

The meeting adjourned at 10:25 a.m.

______________________________________

JANET S. DUVALL, CHAIR

BOARD OF COUNTY COMMISSIONERS

( S E A L )

ATTEST:


___________________________________

Sherry E. Graves, Deputy County Clerk

September 27, 1994