> Meetings & Minutes > 1994 Minutes

PROCEEDINGS OF THE BOARD OF COUNTY COMMISSIONERS

MONDAY, FEBRUARY 14, 1994

SUBDIVISIONS

(#445)

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; Jerry White, Zoning Administrator; Russ Legg, Development Processing Administrator; Rex Burns, Engineering; Jerry Blehm, Environmental Health; and County Attorney George Hass. Recording Clerk, S. Graves.

Mr. Barnett noted that the applicants for the Springfield Court (#93-MS0285) and the Gill Special Review (#93-ZR0333) have requested their items to be tabled until February 28, 1994.

M O T I O N

Commissioner Disney moved that the Board table the Springfield Court (#93-MS0285) and the Gill Special Review (#93-ZR0333) until February 28, 1994, as requested by the applicants.

Motion carried 3 - 0.

Mr. Barnett noted that the Rocky Mountain Gateway Master Plan & Preliminary Phase Plan (#93-MS0343) have been removed from today's agenda.

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

1. SKYVIEW SOUTH 1ST FILING, LOT 23 EASEMENT VACATION

(#93-0S0415): 11-06-69; CORNER OF CONSTELLATION AND URANUS;

FA-FARMING ZONING (02-14-94).

This is a request to vacate a portion of an existing utility easement. Staff Findings include: 1) The plat of Skyview South was approved in 1975. The Final Plat includes 20-foot utility easements along all street frontages; 2) This is a corner lot and the house meets all County setback requirements, but it encroaches on a few feet of a utility easement; 3) All utilities serving this area and the County Health and Engineering Departments have reviewed the proposed vacation and stated no objections. The Staff recommendation is for approval of the vacation of a portion of the utility easement along the north side of Lot 23, Skyview South First Subdivision.

M O T I O N

Commissioner Disney moved that the Board adopt the Staff Findings and Staff Recommendation and approve the Skyview South 1st Filing, Lot 23 Easement Vacation (#93-0S0415).

Motion carried 3 - 0.

2. JOHNSON'S CORNER REZONING AMENDMENT (#Z-21-90):

NW 1/4 35-5-68; INTERSECTION OF COUNTY ROAD 16 AND 5,

EAST OF JOHNSON'S CORNER TRUCK STOP; 8.2 ACRES;

1 LOT; C-COMMERCIAL ZONING (02-14-94)

This is a request to amend the Sign Plan. Mr. White provided the background information, submitted photos of the existing signs, and suggested some slight modifications to the conditions. Mr. Floyd, applicant, noted for the record that he was unaware that a permit had not been obtained originally by the sign company to erect the parking lot signs; however, he indicated agreement for compliance with the conditions, except for two requests: 1) They would like to keep the sign at the north end of the property on CR 16 as it is the only sign that a southbound truck on I-25 can see indicating there is a parking lot in back of the Johnson's Corner facility; 2) They are apprehensive about removing the lighting from the top half of the signs because the signs will not be visible at night. Discussion followed and the conditions for approval of the Signage Plan for the parking area were amended as follows: 1) The four entry/exit signs shall be altered by blacking out the bottom half and leaving the internal lighting; 2) Removal of the one southern-most 35.7 square foot sign reading "Johnson's Corner Truck Parking"; 3) The 7'4" x 9' sign may continue to remain; 4) Permanent removal of other signage on the Johnson's Corner property totaling at least 173 square feet. Signage to be removed must be approved by County Planning; 5) Owner agrees in writing to comply with any new County sign regulation which is adopted, to the same extent that other properties with non-conforming signs must comply.

M O T I O N

Commissioner Disney moved that the Board adopt the Staff Recommendation, with conditions as amended, and approve the Johnson's Corner Rezoning Amendment.

Motion carried 3 - 0.

3. PROMONTORY PARK PLANNED UNIT DEVELOPMENT TIME

EXTENSION (#93-MS0407): N 1/2 01-01-69; SOUTH SIDE OF

COLORADO HIGHWAY 60 AND LOVELAND URBAN GROWTH

AREA, WEST OF U.S. HIGHWAY 287 AND CAMPION; 50 ACRES

AND 268 LOTS (MASTER PLAN) AND 14.5 ACRES & 95 LOTS

(PHASE I); M1-MULTIPLE ZONING (02-14-94).

This is a request for extension of the Master Plan and Preliminary Phase Plan approval of a 268 lot Mobile Home Planned Unit Development on 50 acres zoned M-1 Multiple Family (Original File #S-58-85). Mr. Legg provided the background information, noting the severe drainage problem in the area, and submitted an aerial map and additional letters from the applicant regarding this request. Staff Findings are: 1) Significant changes have occurred in Larimer County Stormwater Standards since the original approval of this development. Current standards, as required by the County Engineer's letter dated February 1, 1994, should be complied with by the developer; 2) The Town of Berthoud recommends approval; 3) An approved Mobile Home Park permit exists on the site of this development, which according to the original conditions of approval, shall expire upon issuance of the first building permit. Significant changes have occurred in the Larimer County land use philosophy since the original approval. Larimer County is currently in the process of drafting an Intergovernmental Agreement with the Town of Berthoud. Future requests for extensions should comply with these revisions.

Staff Recommendations are for Approval of the request for extension of the Master Plan and Preliminary Phase Plan, with the following conditions: 1) Approval will expire on February 14, 1995; 2) Future extension requests will not be accepted by Larimer County. Instead, the applicant will be required to submit revised Master Plan and Preliminary Plats for distribution to reviewing agencies, for a full public hearing with the Larimer County Planning Commission and the approval, approval with conditions, or denial by the Board of County Commissioners; 3) No vested rights are granted by this extension approval since the project has been extended several times. Future Final Plat submittals shall comply with the following conditions: 1) Compliance with all original conditions of approval and subsequent conditions placed in previous extensions; 2) Compliance with the letter from the Town of Berthoud included in this agenda; 3) Compliance with the recommendations of the County Drainage Administrator, dated February 1, 1994.

Applicant Brian Pesch assured the Board that this will be their last time extension request as they want to develop this property as quickly as possible; they did a market study recently indicating the dire need for affordable housing in this part of the County. Cheryl Hoffman and Donna Cippio, adjacent property owners, cited their concerns regarding the inadequate provision of services (such as water, sewer, roads, schools, etc.) for this development. These services were adequate when this development was first proposed, but with the amount of development which has taken place surrounding this area, the services are now inadequate. They suggested Mr. Pesch withdraw this plan, which contains outdated information, and submit a new plan which would include large lot development and devise a plan much more suited to the neighborhood. Franklin Barren spoke in favor of this request, reiterating the need for affordable housing in the Berthoud and Loveland area. Questions and answers regarding the drainage and sewer problems ensued, in addition to discussion regarding the 30% open space requirement in the design, the need for a traffic impact report, and the impact of this development on the schools and the Sheriff's Department.

M O T I O N

Commissioner Disney moved that the Board deny the Promontory Park Planned Unit Development Time Extension (#93-MS0407).

Motion carried 3 - 0.

The meeting recessed at 10:10 a.m.

MEETING WITH REX BURNS

(#446)

The Board of County Commissioners reconvened at 1:30 p.m. in regular session with Rex Burns, Flood Plain and Improvement District Administrator. Chair Duvall presided; Commissioners Disney and Hotchkiss were present. Also present were: John Barnett, Planning Director; Brice Miller, Chief Building Inspector; and Bill Gordon, County Administrator. Recording Clerk, S. Graves.

1. Discussion on Chapter 70 of the 1991 Uniform Building Code concerning the regulation of excavation and grading on private property: After some discussion on the provisions of the regulation and the staffing required to implement it, the Board directed Rex Burns, John Barnett, and Brice Miller to coordinate an approach to the implementation of Chapter 70 and return to the Board with their recommendation by mid-March.

2. Street Drainage Alternatives in Subdivisions: Mr. Burns presented to the Board a summary and chart illustrations of alternative subdivision street and surface drainage configurations and the merits and drawbacks of each.

The meeting adjourned at 2:40 p.m.








TUESDAY, FEBRUARY 13, 1994

PUBLIC WORKS STANDING MEETING

(#447)

The Board of County Commissioners met at 9:30 a.m. in regular session with Rex Smith, Director of Public Works. Chair Duvall presided; Commissioners Disney and Hotchkiss were present. Also present were: Dick Anderson, Director Facilities Management; Joshua Zander, Custodial Services Manager; and Bill Gordon, County Administrator. Recording Clerk, S. Graves.

1. REQUEST FOR ONE HALF-TIME FACILITIES EMPLOYEE: Mr. Anderson and Mr. Zander requested Board approval for a half-time position for the Youth Safe Facility. Last October, bid specifications were assembled to ascertain the cost to contract out for janitorial services and it was determined that contractual services would be almost double the cost of hiring a half-time employee. Discussion of contracting for carpet cleaning ensued; the Board directed Mr. Zander to explore the possibility of working out a cooperative plan with Foothills Gateway for these services and to report back to the Board within two weeks for a decision regarding this matter.

2. RFP FOR PROFESSIONAL SERVICES: A draft copy of a request for proposal (RFP) for a County Administrative and Criminal Justice Facilities Needs Analysis was presented to the Board for their review and discussion before being presented to the Purchasing Agent. Lengthy discussion ensued regarding the whole project; the Board expressed their desire that the consultant hired have a broad background in planning and consider the administrative needs and judicial needs equally in the proposal. Mr. Anderson will return to the Board in one week with a revised proposal.

3. 13TH MONTH AUDIT REPORT FOR 1993: Mr. Smith stated that the 13th Month Audit Report for Road and Bridge for 1993 indicates that expenditures are $16,000 more on distribution of Road and Bridge Mill Levy Pass Through Money than budgeted and revenues were $18,000 below budget; therefore, an adjustment to the '94 budget for Road and Bridge will be included in the first amendment to the budget.

The meeting adjourned at 10:35 a.m.









WEDNESDAY, FEBRUARY 16, 1994

ADMINISTRATIVE MATTERS

(#449)

The Board of County Commissioners met at 9:30 a.m. in regular session with Bill Gordon, County Administrator. Chair Duvall presided; Commissioners Disney and Hotchkiss were present. Also present was Russ Legg, Development Processing Administrator. Recording Clerk, S. Graves.

1. APPOINTMENT TO THE LARIMER EMERGENCY TELEPHONE AUTHORITY: Mr. Gordon stated that the City of Loveland recommends that Captain William Schmoll, of the Loveland Police Department, be appointed to the Larimer Emergency Telephone Authority to be the Loveland representative on the Authority Board for a two year term, replacing Chief Tom Wagoner who just completed his three-year term.

M O T I O N

Commissioner Disney moved that the Board appoint Captain William F. (Bill) Schmoll to the Larimer Emergency Telephone Authority Board to serve as the City of Loveland Representative for a two year term ending December 31, 1995.

Motion carried 3 - 0.

2. APPOINTMENTS TO THE LAPORTE AREA PLANNING ADVISORY COMMITTEE: Mr. Gordon informed the Board that the resignation of Andre Duvall from LAPAC was just received; therefore, the Board needs to appoint three persons to serve on this Committee. Chair Duvall reviewed with the Board her visits with some of the applicants and discussion followed.

M O T I O N

Commissioner Hotchkiss moved that the Board appoint Jim Brookman and Jan Scott Murphy to the LaPorte Area Planning and Advisory Committee for three year terms to expire June 30, 1997 and appoint Don Schelly to fill the unexpired term of Andre Duvall, term to expire June 30, 1995.

Motion carried 3 - 0.

3. WORKSESSION:

-- Mr. Gordon received a request from the Finance Director for the Board to sign an application for Impact Assistance Grant funds for the Division of Parks & Outdoor Recreation Application, even though funds are not available at this time.

M O T I O N

Commissioner Disney moved that the Board sign the Division of Parks and Outdoor Recreation Application for Impact Assistance Grant Funds.

Motion carried 3 - 0.

4. COMMISSIONERS' REPORTS - ADMINISTRATIVE:

-- Chair Duvall received an invitation to attend a dinner meeting on March 23, 1994 at 5 p.m. to participate on the Youth Jail Task Force; noting that this is a monitoring board which meets once a year to review the Family Emergency Team criteria for the detention of juveniles. As Chair Duvall has a prior commitment and cannot attend this meeting, she requested one of the other Commissioners to attend; Commissioner Hotchkiss indicated he would attend, if possible.

-- Commissioner Disney reported on the Corridor Task Force Meeting he attended last evening, noting it was a good meeting and that he presented three desired outcomes: 1) Fairness to the landowners in the Corridor; 2) Keep the physical separation between the cities with as much open space preserved as possible; 3) Understand that everyone participating in this process recognizes the responsibility to future generations. The Board concurred with these desired outcomes.

-- Commissioner Disney asked if the date and time for the Utilities Meeting with the City of Fort Collins has been set; Chair Duvall stated it will be March 22, 1994 at 6:15 in the City Hall Chambers.

-- Chair Duvall reported on the City Council Worksession she attended recently on Growth Management; they are exploring the idea of revising the Intergovernmental Agreement in an attempt to increase densities and encourage infill inside the city limits. After discussion, the Board directed Mr. Gordon to schedule a worksession with the Larimer County Planning Commission, Planning Staff, and the Board to discuss this matter further.

-- Chair Duvall asked the Board how they feel about experimenting with having some meetings televised; after discussion, it was decided to televise the upcoming worksession which was discussed in the previous paragraph.

At this time, County Attorney George Hass and Right-of-Way Agent Dot McKean joined the meeting for Legal Matters.




M O T I O N

Commissioner Hotchkiss moved that the Board go into Executive Session at 10:10 a.m.. to discuss potential litigation.

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 authorize the institution of eminent domain proceedings against the property owner Rocky Mountain Fuel for a right-of-way on County 11C.

Motion carried 3 - 0.

As requested previously by the Board, Mr. Hass searched their files for the proposed regulations concerning road standards in 35-acre subdivisions and found that the file containing that material was destroyed in accordance with their normal file retention procedures. Mr. Hass stated that if the Board is interested in resurrecting this issue, new regulations can be prepared. After discussion, the Board directed Mr. Gordon to send a copy of the memo of November 28, 1978 regarding this matter to Rex Burns, John Barnett, and Brice Miller who are reviewing Chapter 70 of the Building Code, asking them to include these regulations in their Chapter 70 report.

Mr. Hass also informed the Board that even though SB 94-081 was defeated, the Board still has the option under the Zoning Authority to increase the minimum lot size of 35-acre subdivisions, based on their general authority over the health, safety and welfare of the citizens of Larimer County. The Board will ask the Subdivision and Exemption Review Group (SERG) to include this matter in their research findings.

5. 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 February 7, 1994 and the Agenda for the week of February 21, 1994, as submitted.

Motion carried 3 - 0.



M O T I O N

Commissioner Disney moved that the Board approve the following miscellaneous documents: State of Colorado, County of Larimer, Office of the Treasurer Six-Month Report; Certification of Road Mileage for Larimer County to the Colorado Department of Transportation; Road Supervisor Form; and Program Year 1993 Summer Youth Plan Expenditure Authorization Signature Page.

Motion carried 3 - 0.

LIQUOR LICENSES: County Approval was granted to Sundance Steak House - 6% - Fort Collins, CO. Licenses were issued to Hilltop Outpost - 3.2% - Red Feather Lakes, CO; and Convenience Plus No. 7 - 3.2% - Fort Collins, CO.

M O T I O N

Commissioner Disney moved that the Board approve the following documents:

A94-26 AGREEMENT BETWEEN THE BOARD OF COUNTY

COMMISSIONERS AND PROJECT SELF-SUFFICIENCY

(The first six agreements listed are Human Resource Grants)

A94-27 AGREEMENT BETWEEN THE BOARD OF COUNTY

COMMISSIONERS AND CHOICES FOR SENIOR LIVING, INC.

A94-28 AGREEMENT BETWEEN THE BOARD OF COUNTY

COMMISSIONERS AND DISABLED RESOURCE SERVICES

A94-29 AGREEMENT BETWEEN THE BOARD OF COUNTY

COMMISSIONERS AND LARIMER COUNTY DOMESTIC

ABUSE INTERVENTION PROJECT

A94-30 AGREEMENT BETWEEN THE BOARD OF COUNTY

COMMISSIONERS AND COLORADO RURAL LEGAL

SERVICES

A94-31 AGREEMENT BETWEEN THE BOARD OF COUNTY

COMMISSIONERS AND PARTNERS OF LARIMER COUNTY

A94-32 WARRANTY COLLATERAL AGREEMENT BETWEEN THE

BOARD OF COUNTY COMMISSIONERS AND RAO

CORPORATION FOR RAMS HORN VILLAGE PUD

R94-24s RESOLUTION REGARDING RELEASE OF COLLATERAL

FOR RAMS HORN VILLAGE PUD

R94-25s RESOLUTION REGARDING RELEASE OF COLLATERAL

FOR FRIEND MINOR RESIDENTIAL DEVELOPMENT (#S-79-91)

R94-26s RESOLUTION REGARDING THE RELEASE OF RESTRICTION

ON SALE OF LOTS FOR CDEBACA ACRES

Motion carried 3 - 0.

The meeting recessed at 10:55 a.m.

MEETING REGARDING THE INTERNAL SURVEY

(#453)

The Board of County Commissioners reconvened at 2:00 p.m. in regular session with Len Bammer, Facilitator for the Customer Service Team and Internal Survey. Chair Duvall presided; Commissioner Disney was present. Commissioner Hotchkiss was absent. Also present were: John Wilkins-Wells, CSU Research Associate; Tim Katers, CSU Community Development Specialist; Bobby Cullor and Pam Wade of the Internal Survey Committee; Dana Klausmeyer, Strategic Planning Team Facilitator; Frank Lancaster, Organizational Structure Team Facilitator; and Bill Gordon, County Administrator. Recording Clerk, S. Graves.

A draft report of the results of the Employee Survey was presented to the Board and reviewed; this report included the technical parts of the survey and a conservative interpretation of same. Mr. Wilkins-Wells stated that even though this was an opinion survey and not a scientific experiment, five perceptions became evident: 1) Employees were very appreciative of this effort by the County Commissioners and they hope that positive changes continue to be made in Larimer County; 2) Management is viewed as hierarchical and traditional; management style in Larimer County is viewed negatively by the employees; 3) The benefits package, salary structure, and promotional opportunities within Larimer County were negative elements for the employees; 4) There are gender-based differences in some areas of the Larimer County staff; significantly different perceptions in the areas of workplace hazards, benefits, layers of bureaucracy, and finding the correct department exist, for men and women; 5) Stress is high in the workplace. Chair Duvall would like further interpretation of the stress factor; Mr. Wilkins-Wells noted that with future analysis and data, the stress factor could be better identified. Commissioner Disney would like information regarding how Larimer County compares to similar institution surveys. The Board was asked if they would like an expanded Executive Summary to be submitted later which will summarize the entire survey process, results, and recommendations; if so, a Task Force needs to be appointed to assist in examining the data and preparing the summary. The Board will contact the Internal Survey Committee Members to ascertain their interest in continuing to work on this project, and invite anyone else who might be interested.

The meeting recessed at 3:15 p.m.

MEETING REGARDING HOUSING PROGRAM AT MARY'S LAKE

(#450)

The Board of County Commissioners reconvened at 3:20 p.m. in regular session for a meeting with Gary Klaphake, Estes Park Town Administrator. Chair Duvall presided; Commissioner Disney was present. Commissioner Hotchkiss was absent. Also present were Rena Mackrill, Director of Human Development and Bill Gordon, County Administrator. Recording Clerk, S. Graves.

Mr. Klaphake described two housing projects which the Town of Estes Park is working on to alleviate part of the existing employee-housing shortage problem in Estes Park: 1) A year-round housing project of 60 to 70 units within the corporate limits; however, because of Amendment #1, this project might have to be taken to the electorate; and 2) Mary's Lake Lodge Project, which is a summer-employee housing project of 22 units and 44 beds. The Mary's Lake Lodge was remodeled according to County code at a cost of $250,000, with a $52,000 contribution from the Town of Estes Park and the remainder carried by First National Bank; the project will be a public-private partnership--the units are already spoken for by the merchants and reserve money deposited.

In order for the Housing Authority to contribute to this project, an agreement was reached by the attorneys from Larimer County and Estes Park which will legitimize the Housing Authority powers to spend outside the city limits. Therefore, the request today is for the Board to approve this agreement, which will put the County in a responsible role, and then immediately delegate this responsibility back to the Town of Estes Park; it will cost the County nothing and the money will not pass thru the County books.

M O T I O N

Commissioner Disney moved that the Board approve an Agreement between the Larimer County Housing Authority and the Estes Park Housing Authority, as approved by the County Attorney, and authorize the Chair to sign same.

Motion carried 2 - 0.

A94-33 AGREEMENT BETWEEN THE LARIMER COUNTY HOUSING

AUTHORITY AND THE ESTES PARK HOUSING AUTHORITY

(Mary's Lake Summer Employee Housing Project)







M O T I O N

Commissioner Disney moved that the Board assign the responsibility of supervising the operation of the Mary's Lake Lodge Project in its sole discretion to the Town of Estes Park, to insure that said project complies with the provisions of Exhibit "A".

Motion carried 2 - 0

The meeting adjourned at 3:55 p.m.


_____________________________________

JANET S. DUVALL, CHAIR

BOARD OF COUNTY COMMISSIONERS

( S E A L )

ATTEST:



______________________________________

Sherry E. Graves, Deputy County Clerk