> Meetings & Minutes > 1994 Minutes

PROCEEDINGS OF THE BOARD OF COUNTY COMMISSIONERS

TUESDAY, FEBRUARY 22, 1994

SUBDIVISIONS

(#451 & #454)

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; Jerry Blehm, Environmental Health; and George Hass, County Attorney. Recording Clerk, S. Graves.

Mr. Barnett stated that the applicants for the Ptarmigan Subdivision 3rd Filing (#93-SU0391) and the Eagle Lake 5th Filing (#93-MS0392) have requested that these items be tabled until March 14, 1994. Mr. Barnett also noted that the Harrison/Sunny Slope Right of Way Vacation (#94-0S0417) item on today's agenda has been withdrawn by the applicant.

M O T I O N

Commissioner Disney moved that the Board table the Ptarmigan Subdivision 3rd Filing (#93-SU0391) and the Eagle Lake 5th Filing (#93-MS0392) until March 14, 1994, as requested by the applicants.

Motion carried 3 - 0.

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

1. SADDLEBACK 1ST FILING AMENDED PLAT (#93-SA0416): 04-07-69;

WEST OF TAFT HILL ROAD, NORTH OF VINE DRIVE; .88 ACRES;

2 LOTS; R-RESIDENTIAL ZONING (02-22-94).

This is a request to move a lot line between two existing lots (Lots 1 and 2) to conform to the current use of the land. Staff Findings include: 1) The proposed Amended Plat of Lots 1 and 2 of Saddleback Subdivision, will bring the lot's configuration into conformance with the current use of the site; 2) Relocating the lot line will also relocate the utility easement centered on the lot line; 3) All utilities serving this area and the County Health and Engineering Departments reviewed the proposed Amended Plat and stated no objections. Staff Recommendation is for approval of the Amended Plat of Lots 1 and 2, Saddleback Subdivision.

2. BURD AMENDED MINOR RESIDENTIAL DEVELOPMENT (#94-EX0418):

SW 33-05-69; NORTHEAST INTERSECTION OF COUNTY ROAD 21

AND 14, NORTHWEST OF LONETREE RESERVOIR; 40 ACRES;

2 LOTS; FA FARMING ZONING (02-22-94)

This is a request to remove a building envelope from Lots 1 and 2. Staff Findings are: 1) The Burd Minor Residential was approved in 1990 with building envelopes on Lots 1 and 2. The envelopes were designed to keep structures within 300 feet of the fire hydrants; 2) The Loveland Fire Prevention Bureau reviewed the proposed Amended Plat and gave conditional approval; 3) Fire sprinkler systems are a viable option to installing fire hydrants if the prospective lot buyers are aware of the requirement.

Staff Recommendation is for approval of the Amended Burd Minor Residential Development to remove the building envelopes on Lots 1 and 2, with the condition that any residential structure on this site be within 300 feet of a fire hydrant or is equipped with a residential fire sprinkler system of a design approved by the Loveland Fire Prevention Bureau.

M O T I O N

Commissioner Hotchkiss moved that the Board adopt the Staff Findings and Staff Recommendations and approve the Saddleback 1st Filing Amended Plat (#93-SA0416) and the Burd Amended Minor Residential Development (#94-EX0418), each, with the conditions as outlined above.

Motion carried 3 - 0.

3. SHIELDS MINOR RESIDENTIAL DEVELOPMENT APPEAL (#94-0S0421):

33-07-68; EAST OF COUNTY ROAD 9, NORTH OF HEWLETT

PACKARD; FA1-FARMING ZONING (02-22-94)

This is a request to allow a Minor Residential Development application to be submitted which will result in a total of four parcels since 1972. Mr. Kadera reviewed the major concerns and issues and noted that even though the Staff is recommending denial of this appeal, there are some extenuating circumstances in this case which warrant approval. Staff Findings are: 1) The Minor Residential Development regulations were amended on February 1, 1993; 2) The proposed Minor Residential Development is not consistent with the current regulations because it will result in more than two lots from the parcel that existed on May 5, 1972; 3) There is some merit to the appeal because one parcel was approved by the divorce decree and another parcel will be annexed into the City of Fort Collins. The applicant will be left with two lots which are allowed under the Minor Residential Development regulations.

Mr. Shields, applicant, described his intentions for this parcel to the Board which are to remove the existing mobile home, fences, corrals, and buildings on this property, landscape the whole area to make it compatible with the surrounding properties, and build a new home on the site. Mr. Shields stated he needs to sell half of this 5.9 acre parcel in order to finance construction of his new home. Mr. Blehm stated he doesn't believe there will be any problem with the septic structure or water supply on this size of lot. Discussion followed.

M O T I O N

Commissioner Disney moved that the Board approve the Shields Minor Residential Development Appeal (#94-0S0421).

Motion carried 3 - 0.

4. GLACIER VIEW MEADOWS 3RD FILING REPLAT (#93-SU0393):

SE 09-09-72; NE 16-09-72; SOUTH SIDE OF COUNTY ROAD 74E;

58.94 ACRES; 2 LOTS; E-ESTATE ZONING (02-22-94).

This is a request for replat of Lots 5 and 6 to reconfigure the lots and to add a road to provide access to 1900 acres of undeveloped land. Mr. Kadera described the main concern regarding the single point of access to the 1900 acres of undeveloped land, zoned E-Estate, which could be divided into a large number of parcels in the future and create increased traffic. Mr. Burns reviewed several engineering concerns noting that the cuts and fills involved in the reconfiguration of the road were extreme and he recommends an alternate access be considered. Staff Findings include: 1) Other options have been explored and found to be inadequate, such as an alternate access through the Boy Scout Ranch or the utilization of the existing road system in Glacier View Meadows; 2) The developer has agreed to limiting the use of the 1900 acres to not more than one lot per 35 acres; 3) The developer has agreed to close the extension of Mt. Tileston Court and reclaim the existing roadway; 4) The proposed new road will alleviate a dangerous access condition at the intersection of Deer Trail Court and County Road 74E.

The Planning Commission/Staff Recommendation is for Approval of the Replat of Lots 5 and 6, Glacier View Meadows 3rd Filing, with the following conditions: 1) 35 acre-minimum lots on those properties served by North Rim Road Association; 2) Close and restore the area of the Mt. Tileston extension beyond the cul-de-sac.

Bill Wyatt, attorney for the applicant, addressed the Board and submitted the plat filed in 1974 for Glacier View Meadows Third Filing and a map of the area indicating the road in question. Mr. Wyatt noted that the proposed access will be much safer than the existing road and will be under the control of the North Rim Road Association and separately maintained; covenants will be written that anyone purchasing land in the 1900 acres, in order to get marketable title, will have to belong to this Road Association and will have to agree not to subdivide until 2002. Mr. Wyatt stated that the Glacier View Road and Recreation Association will have no responsibility for road maintenance. Commissioner Disney asked about the collection of road impact fees, as part of the covenants, to insure that the 35-acre tracts will pay their fair share of road, park and school impact fees. Lucille Schmidt, the property owner most impacted by the proposed new access, stated that Deer Mountain Court Road is very dangerous and the proposed road is a much safer access. Mr. Barnett stated the main issue today is not the road itself, but the impact on the 1900 acres behind the road. Mr. Weixelman stated he does not want to engage in a lawsuit over this road; but if forced to, an alternative could be to have all these roads declared public roads. Dale Ekmark, Manager Glacier View Road & Recreation Association, stated he does not want the road to become public and does not have any objections to the proposed road. Mr. Hass suggested that the applicant agree that the 1900 acres will be subject to County subdivision review for any further subdivision and incorporated into the overall Master Plan or approve a road plan for the whole distance and have it dedicated and accepted by the Board; Mr. Barnett concurred. Concern was also expressed regarding the existing E-Estate zoning, which allows development of 2.5 acres, and whether this is appropriate zoning for this area. Mr. Weixelman stated he did not understand the full impact of what is being proposed and requested time to discuss this proposal with his attorney.

After a ten-minute break to confer with the applicant, Mr. Wyatt offered the suggestion that any property owner using the proposed road would have to agree that for 15 years they would not sell their property in the adjoining 1900 acres in anything less than 35 acres; they would extend the North Rim Road Association Covenants to 15-years in place of the proposed 8-years, and agree to rezoning to O-Open. Mr. Kadera suggested that they might want to consider RE-Rural Estate Zoning, as it has the same minimum lot size and fewer special review uses. Lengthy discussion followed.

M O T I O N

Commissioner Disney moved that the Board take the Glacier View Meadows 3rd Filing Replat (#93-SU0393) under advisement to allow time for Mr. Hass and Mr. Wyatt to draft an appropriate motion which will address the concerns and suggestions presented today, and return to the Board with said motion in one week.

Motion carried 3 - 0.

The meeting recessed at 11:00 a.m.




HUMAN DEVELOPMENT QUARTERLY MEETING

(#452)

The Board of County Commissioners reconvened at 2:00 p.m. in regular session with Rena Mackrill, Director of Human Development. Chair Duvall presided; Commissioners Disney and Hotchkiss were present. Also present were: Carol Gillespie, Director Community Development; Joannie Schlueter, Administrative Director; Susan Szymanski, Grants Manaager; Lynn Thor, Senior Chuckwagon Nutrition Program Director; Wayne Buhlig, Weatherization Director; and Bill Gordon, County Administrator. Recording Clerk, S. Graves.

1. HUMAN RESOURCES: Ms. Szymanski provided an update concerning the issue regarding continuation of 1994 Human Resource funding for Helpline and noted that Helpline has elected to file a grievance. Ms. Szymanski noted that this could change the way information and referral is handled in Larimer County. The Human Resource Committee is very satisfied with the 24-hour suicide line which Helpline provides; Staff recommendation is that Human Resource Funding for 1994 remain the same for Helpline.

2. SENIOR CHUCKWAGON: Ms. Thor provided a status report regarding the relocation of the Senior Chuckwagon Kitchen to Front Range Community College. Ms. Thor stated that during the past year, Senior Chuckwagon has incurred three major emergency repairs in their kitchen at $1,000 or more each and more are anticipated; it was noted that when the health codes changed, Senior Chuckwagon was grandfathered in with some sub-standard equipment. However, if any major equipment needs to be replaced, the grandfathering will be eliminated; for instance, the installation of hoods will be required, at a cost of $15,000 or more, in a kitchen they don't own. Another possibility of staffing the kitchen in the New Beginnings Facility was discussed, if the County were to lease the facility.

3. WEATHERIZATION BUDGET & WORK PLAN FOR 1995: Mr. Buhlig presented charts describing the accomplishments and the number of homes improved (482) through the weatherization program during the past year in Larimer County and the anticipated increase in funding and number of homes (567) to be improved in the upcoming year. Mr. Buhlig noted that they are increasing the number of units to be weatherized next year because they already have 150 qualified applicants on the list. Mr. Buhlig noted there are two existing vacancies in weatherization and requested Board approval to hire two new entry-level employees to accommodate the 85-unit increase scheduled for next year. Mr. Buhlig also requested Board approval for the proposed 1994-1995 Weatherization Proposal and of a capital equipment purchase of a new 1994 Chevrolet cargo van to replace a 1979 van, and three new computers to replace three old models to accommodate compatibility to the Microsoft Windows usage in the County, monies for these purchases to be derived from current 1993/94 grant funds.

Mr. Buhlig invited the Board to visit his department and to accompany him on a tour of homes before and after they are weatherized and improved; the Board indicated their desire to accept Mr. Buhlig's invitation.

M O T I O N

Commissioner Disney moved that the Board authorize the expenditure of approximately $20,000 for the capital equipment purchase of a new 1994 cargo van and three new computers, monies to be derived from the current 93/94 grant funds, approval of the proposed 1994-1995 Weatherization Proposal, and approval for the Weatherization Director to hire two new entry-level employees.

Motion carried 3 - 0.

4. COMMUNITY DEVELOPMENT BUDGET & WORK PLAN FOR 1995: Ms. Gillespie presented a draft work plan of action for 1994 and requested Board approval to submit this application to the State for Federal Pass Through Money. CONSENSUS OF THE BOARD was to approve the work plan, as submitted.

5. INVITATION TO BERTHOUD FORUM MEETING: Ms. Mackrill invited the Board to a kick-off forum planning meeting at the Senior Center in Berthoud on March 23, 1994 at 6:30 p.m.

6. AFFORDABLE HOUSING INFORMATION SYSTEM: Ms. Gillespie reported to the Board that the AHIS Consortium has incorporated as non-profit; therefore, the Human Development Department is in the process of developing a contract for contracting their services to them as Staff. Discussion followed and it was decided to consult with the County Attorney as to the legality of a county department contracting to provide services.

The meeting recessed at 3:00 p.m.

ABATEMENT HEARING FOR MEES C/O FIRST NATIONAL BANK:

(#454 @ 3760 & #452 @ 1600)

The Board of County Commissioners reconvened at 3:05 p.m. to consider a petition for abatement. Chair Duvall presided; Commissioners Disney and Hotchkiss were present. Also present were Carla Woodard-Cowling, Senior Appraiser, and Bill Gordon, County Administrator. Recording Clerk, S. Graves.

Mr. Gerald C. Berg, petitioner, addressed the Board and noted that he paid the taxes on the property in question at tax sale and is the holder of a certificate of purchase for 1991; the owner of record in 1991 on this property was Mees c/o First National Bank. In 1992, Mr. Berg paid the back taxes of $599.14 on this property; Mr. Berg subsequently learned that the taxes on this property should have been approximately $13 and is, therefore, requesting an abatement. Mr. Berg cited a similar case in Greeley in which an abatement was allowed.

Ms. Woodard-Cowling stated that the parcel in question is non-buildable open space and should be valued at minimum value; she reviewed the history of this property and noted that in 1991, all vacant and improved land in this area was re-valued. However, this parcel was not flagged by the Assessor and removed from the mass batching and, therefore, was over-valued. The over valuation for this property was detected by the Assessor's Office and corrected in 1992; however, the owner of record, Mees c/o First National Bank, did not protest the over-valuation for 1991. Because no protest was received by the owner of record, the Assessor's Office cannot request nor recommend the Board of Commissioners approve a tax roll correction on this parcel. Mr. Berg is not protected because he was not the owner of record. Nowhere in the statutes can be found a provision giving a certificate holder the same rights as a property owner; Mr. Berg's payment was made by choice, not government compulsion. Therefore, the Assessor's recommendation is for denial of this petition for abatement. Much discussion followed.

M O T I O N

Commissioner Disney moved that the Board approve the Petition for Abatement for Gerald C. Berg in the amount of $531.32.

Motion carried 3 - 0.

The meeting adjourned at 3:30 p.m.

WEDNESDAY, FEBRUARY 23, 1994

ADMINISTRATIVE MATTERS

(#455)

The Board of County Commissioners met at 9:00 a.m. in regular session with Bill Gordon, County Administrator. Chair Duvall presided; Commissioners Disney and Hotchkiss were present. Also present were Dick Anderson, Facilities Manager and Patty Arnett, Health Department Business Office Director. Recording Clerk, S. Graves.

1. RFP FACILITIES NEED ANALYSIS: Mr. Anderson submitted and reviewed the revised Request for Proposal (RFP) for the County Governmental Offices and Criminal Justice Facilities Need Analysis and requested Board approval of same. Mr. Anderson noted that the RFP has been revised equalizing the importance of the Governmental Facility and the Criminal Justice Facility, and also includes the analysis of the Sheriff's Department Offices and considerations for Block 31 office relocations. CONSENSUS OF THE BOARD was to approve the Request for Proposal, as presented, and directed Mr. Anderson to proceed with its submittal. Chair Duvall asked Mr. Anderson if the possibility exists for some county offices and courts to be housed in trailers before the new facility is built; Mr. Anderson noted there is a 60% chance for this to happen, as it will be at least four years before the new facility will be ready for occupancy.

2. REQUEST AND APPROVAL FOR CHLAMYDIA TESTING: Ms. Arnett requested Board approval to enter into a contract with the State to receive funds ($7,125) for chlamydia testing. Ms. Arnett stated that the State has received additional Federal funds from the Communicable Disease Control Center for this testing; these funds are for lab costs and no additional staff will be required.

M O T I O N

Commissioner Disney moved that the Board approve the request for the Health Department to enter into a Contract with the State to receive additional funds for chlamydia testing.

Motion carried 3 - 0.

3 APPOINTMENT TO FILL AN UNEXPIRED TERM ON THE LARIMER EMERGENCY TELEPHONE AUTHORITY BOARD: Mr. Gordon noted that the three hospital districts have requested the Board to approve the appointment of Brenda Jones to the Larimer Emergency Telephone Authority Board to fill the unexpired two-year term of Steve Scheffel.

M O T I O N

Commissioner Hotchkiss moved that the Board appoint Brenda Jones to the Larimer Emergency Telephone Authority Board to complete the unexpired term of Steve Scheffel, term ending December 31, 1995.

Motion carried 3 - 0.

4. APPOINTMENT TO FILL AN UNEXPIRED TERM ON THE LARIMER COUNTY FLOOD REVIEW BOARD: Mr. Gordon stated that the Flood Review Board has recommended that Dr. Chester Watson be appointed by the Board to fill the unexpired term of Bill Campton on the Flood Review Board, effective immediately.

M O T I O N

Commissioner Hotchkiss moved that the Board appoint Dr. Chester Watson to the Flood Review Board to complete the unexpired term of Bill Campton, term ending June 30, 1996.

Motion carried 3 - 0.

5. WORKSESSION:

-- Mr. Gordon reported that the Parks Director, John MacFarlane, is currently meeting with the Coloradoan to talk about the lottery fund issue. Mr. Gordon noted that the Finance Director investigated this matter and noted that since 1991 the reporting format was changed to record every check written and the list sent to the State; the reporting system has been audited and the system does not need to be changed.

-- Mr. Gordon received a request from Mark Workman regarding the County Attorney Services Request for Proposal for permission to submit a bid for only the Social Services portion of the County Attorney Services. After conferring with Mr. Hass and Commissioner Hotchkiss about this request, it was noted that the RFP does not permit splitting the County Attorney Services and the concurrence was that these services should not be split. Mr. Gordon requested permission from the Board to respond to Mr. Workman accordingly. CONSENSUS OF THE BOARD was to direct Mr. Gordon to respond to Mr. Workman that the Request for Proposal will be considered in total as one bid.

6. DOCUMENT REVIEW: The following documents, of a routine nature, were considered by the Board:

M O T I O N

Commissioner Hotchkiss moved that the Board approve the Minutes for the week of February 14, 1994 and the Agenda for the week of February 28, 1994, as submitted.

Motion carried 3 - 0.

M O T I O N

Commissioner Hotchkiss moved that the Board approve the Estrada Minor Residential Development Plat and the Saddleback Subdivision Amended Plat.

Motion carried 3 - 0.

LIQUOR LICENSES: County Approval was granted to Drink N Dawg - 6% - LaPorte, CO; Mulberry Inn - 6% - Fort Collins, CO; Boyd Lake Marina, Inc., - 3.2% - Loveland, CO; and Burger Bay - 3.2% - Loveland, CO. A License was issued to Red Feather Liquors - 6% - Red Feather, CO.

M O T I O N

Commissioner Hotchkiss moved that the Board approve the following documents:

A94-34 LIBRARY SERVICES AGREEMENT BETWEEN THE BOARD OF

COUNTY COMMISSIONERS AND THE TOWN OF BERTHOUD

A94-35 LIBRARY SERVICES AGREEMENT BETWEEN THE BOARD OF

COUNTY COMMISSIONERS AND THE TOWN OF WELLINGTON

A94-36 EXTENSION OF LEASE AGREEMENT BETWEEN THE BOARD OF

COUNTY COMMISSIONERS AND EDWIN R. FORCE (Use of

Pasture on old Strang Farm

A94-37 AGREEMENT BETWEEN THE BOARD OF COUNTY

COMMISSIONERS AND POUDRE HOMECARE SERVICES

(A94-37 thru A94-43 are Human Resource Funding Agreements)

A94-38 AGREEMENT BETWEEN THE BOARD OF COUNTY

COMMISSIONERS AND TRANSITION SERVICES

A94-39 AGREEMENT BETWEEN THE BOARD OF COUNTY

COMMISSIONERS AND R-VNA HOME CARE

A94-40 AGREEMENT BETWEEN THE BOARD OF COUNTY

COMMISSIONERS AND UNITED DAY CARE CENTER -

FORT COLLINS & LOVELAND

A94-41 AGREEMENT BETWEEN THE BOARD OF COUNTY

COMMISSIONERS AND NEIGHBOR TO NEIGHBOR

A94-42 AGREEMENT BETWEEN THE BOARD OF COUNTY

COMMISSIONERS AND SENIOR CHUCKWAGON

A94-43 AGREEMENT BETWEEN THE BOARD OF COUNTY

COMMISSIONERS AND FOOD DISTRIBUTION CENTER

D94-06 DEED OF DEDICATION BY MARVIN L. THOMPSON AND

MARCHETTA M. THOMPSON (County Road 11)

R94-27s FINDINGS AND RESOLUTION CONCERNING THE DENIAL

OF THE VACATION OF THE RIGHT-OF-WAY IN TAFT

CANYON PUD

Motion carried 3 - 0.

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

Mr. Hass submitted a Quit-Claim Deed for the sale of Lot 13 in Crystal Lakes, Thirteenth Filing PUD to Kenneth E. and Kay E. Hood for the purchase price of $6,000, and requested Board approval and the Chair's signature on same. Mr. Hass noted that the proceeds for the lot sale will go into the fund to finance continuing improvements in Crystal Lakes.

M O T I O N

Commissioner Hotchkiss moved that the Board approve the sale of Lot 13 in Crystal Lakes, Thirteenth Filing PUD to Kenneth E. and Kay E. Hood, for $6,000, and authorize the Chair to sign the Quit-Claim Deed for this sale.

Motion carried 3 - 0.

D94-07 QUIT-CLAIM DEED FOR SALE OF LOT 13 IN CRYSTAL LAKES,

THIRTEENTH FILING P.U.D. TO KENNETH E. AND KAY E. HOOD

The meeting recessed at 10:20 a.m.

MEETING WITH LARIMER COUNTY

HOUSING AUTHORITY ADVISORY BOARD

(#456)

The Board of County Commissioners reconvened at 1:30 p.m. in regular session with the following Housing Authority Advisory Board Members: Chris Zell, Gary Hageman, Jan Erickson, and Dick Strachan. Chair Duvall presided; Commissioners Disney and Hotchkiss were present. Also present were: Rena Mackrill, Director Human Development; Carol Gillespie, Community Programming Director; and Bill Gordon, County Administrator. Recording Clerk, S. Graves.

The Housing Authority Advisory Board and Human Development Department each presented the options they have considered and their recommendations concerning the status of the Larimer County Housing Authority. The recommendations of both entities were similar and both indicated their desire to retain the Housing Authority Board to continue with the administration of the HUD Section 8 Certificate Program. Lengthy discussion ensued regarding the recommendation made by the Advisory Board, which is to split the jurisdictions, north and south, and put in place a governmental agreement with the Loveland and Fort Collins Housing Authorities to staff and manage the County Housing Authority within their respective parts of the County. The same could be done with the Estes Park Housing Authority and they could staff and manage the Estes Valley. The County Housing Authority Board would still be the decision-making and policy-setting board for the County Housing Authority, though the staffing and day-to-day management would be handled by the individual housing authorities. Ms. Mackrill noted that the Human Development Department concurs with the recommendation to enter into an intergovernmental agreement and would like for Community Development to continue in the housing program.

Chair Duvall expressed appreciation for the volunteer efforts of the Housing Authority Advisory Board; she noted that everyone involved and present today has the same intentions and is attempting to work towards the same goal. She requested that all differences between the two groups be put behind and for all parties involved to cooperate and move forward to achieve a fruitful resolution to this issue.

Mr. Zell requested that the $10,000 earmarked for the Affordable Housing Information System be spent for that System in total, and not used to pay past due bills.

Ms. Erickson expressed her interest in addressing the migrant housing problem and is willing to remain on the Housing Authority Advisory Board until this problem is resolved. Mr. Shrachan and Mr. Hageman both expressed a willingness to remain on the Advisory Board until the problem is resolved. Commissioner Disney will be discussing the issue with both the Staff and the Advisory Board.

The meeting adjourned at 3:00 p.m.


______________________________________

JANET S. DUVALL, CHAIR

BOARD OF COUNTY COMMISSIONERS

( S E A L )

ATTEST:



________________________________________

Sherry E. Graves, Deputy County Clerk