> Meetings & Minutes > 1994 Minutes

PROCEEDINGS OF THE BOARD OF COUNTY COMMISSIONERS

MONDAY, APRIL 25, 1994

SUBDIVISIONS

(#7 & #8)

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; Russ Legg, Senior Planner; Jerry White, Zoning Administrator; John Pedas, Code Enforcement Officer; Rex Burns, Engineering; Jerry Blehm, Environmental Health; and Jeannine Haag, Assistant County Attorney. Recording Clerk, S. Graves.

Mr. Barnett noted that the following are Consent Items and will not be discussed in detail unless requested by the Commissioners or members of the audience.

1. AMENDED CROWN MINOR RESIDENTIAL DEVELOPMENT

(#94-SA0453): SW 35-05-69; NORTH SIDE OF COUNTY ROAD 14,

1/2 MILE WEST OF COUNTY ROAD 17; 45.06 ACRES;

2 LOTS; FA-FARMING ZONING (04-25-94).

This is a request for an Amended Plat of the Amended Plat of Lot 1, and the Amended Plat of Lot 2, Crown Minor Residential Development (#S-10-90) to adjust the lot line between Lot 1 and Lot 2, resulting in Lot 1 being 37+ acres and Lot 2 being 7.9+ acres. Staff Findings include: 1) The Crown Minor Residential Development was approved in 1990; 2) The proposed Amendment will not affect building sites on these lots; 3) The County Health and Engineering Departments and all utilities serving this area reviewed the proposed Amended Plat and stated no objections. The Staff Recommendation is for Approval of the Amended Plat of Lots 1 and 2, Crown Minor Residential Development.

2. TOWN OF BERTHOUD INTERGOVERNMENTAL AGREEMENT -

#94-RA0404: (4-25-94)

Mr. Legg presented the revised Berthoud Intergovernmental Agreement between Larimer County and the Town of Berthoud and requested the Board's adoption of same, and the Chair's signature.

April 25, 1994

M O T I O N

Commissioner Disney moved that the Board adopt the Staff Findings and Staff Recommendation and approve the Amended Plat of Lots 1 and 2, Crown Minor Residential Development (#94-SA0453) and adopt the Intergovernmental Agreement between Larimer County and the Town of Berthoud, and authorize the Chair to sign same.

Motion carried 3 - 0.

A94-72 INTERGOVERNMENTAL AGREEMENT BETWEEN THE

BOARD OF COUNTY COMMISSIONERS AND THE TOWN

OF BERTHOUD, COLORADO

3. MCEWEN SPECIAL REVIEW (#94-ZR0391): 13-07-70 SOUTH SIDE OF

COUNTY ROAD 8E, ONE MILE EAST OF COUNTY ROAD 27E;

35 ACRES; FA1-FARMING ZONING (04-25-94).

This is a request for approval of a special review to allow operation of a dog kennel for raising and training Siberian Husky sled dogs. Mr. White reviewed the project description, major concerns and issues, and noted that the main concern is noise if the dog kennel is allowed to accommodate up to 30 adult dogs. Staff Findings are: 1) The proposal complies with the intent and purposes of the Zoning Resolution and Comprehensive Land Use Plan; 2) If developed and operated as proposed, the kennel will be harmonious with the surrounding neighborhood, and should not impact surrounding land uses or property values in the area; 3) The proposal will not impair the public health, welfare, prosperity, or safety; 4) Reviewing agencies have not objected to the proposed kennel.

Mr. Bill Wyatt, attorney for the applicants, provided a brief overview of the request and noted that these dogs are used for the family sport of mushing and the McEwens do not have a commercial business nor sell the dogs. Mr. Wyatt noted that a neighborhood meeting was not held regarding this matter, but the McEwens contacted and visited with all of the neighbors and received favorable response. Mr. Wyatt stated that the applicants have no problem agreeing to a condition that the granting of this special review will expire with the sale of the property. Linnea and Gerald McEwen, applicants, addressed the Board and submitted letters of approval for this special review to the Board from neighbors unable to attend today's hearing. They described the sport and activities involved and noted this is a family hobby and they participate with their dogs in scouting activities, schools, etc. Chair Duvall asked the applicants if they had considered "debarking the dogs"; Mr. McEwen responded that he considers this inhuman and Siberian Huskies aren't noted as barkers. Several adjacent neighbors spoke on behalf of the McEwens and noted that they have been excellent neighbors and have done everything possible to mitigate concerns. They all stated that the McEwens are very responsible dog owners; however, concerns were raised about the grand fathering of this special review and the number of dogs to be allowed.

The Planning Commission moved that this matter be forwarded to the Board of County Commissioners with no recommendation and the following specific comments regarding this project: The Planning Commission felt pressured into approving an already existing use/structure and felt it was unfair to citizens in the County since no opportunity was given for the public to provide comments prior to construction. This also appears to be in violation of Zoning Regulations which the Planning Commission is charged with upholding. The motion was seconded by Commissioner Sunset who stated that a penalty should be imposed if projects are contrary to County code. In addition to agreeing with comments already made, Commissioner Pedersen stated it was difficult to approve an intentional violation when it may have not been approved if it were not already built. Commissioner Brinks suggested that if the Board of County Commissioners voted to approve this project, a condition should be added that stated this Special Review was for these applicants only; the other Commissioners concurred.

Discussion followed; the Staff Recommendation is for Approval of the Special Review, with the condition that all development and operation be consistent with Zoning File Exhibit A (Application for Zoning Action dated January 15, 1994 with attached information and plans), as amended with the addition of the following two conditions: 1) The granting of this Special Review is a non-transferable Special Review right; 2) The operation will be limited to 20 adult dogs.

M O T I O N

Commissioner Hotchkiss moved that the Board adopt the Staff Findings and Staff Recommendation, with Amended Conditions as outlined, and approve the McEwen Special Review (#94-ZR0391).

Motion carried 3 - 0.

4. MCKAY SPECIAL REVIEW (#94-ZR0392): 17-08-69; SOUTH SIDE OF

COUNTY ROAD 56E, NORTH OF THE HIGHWAY 287 BYPASS, 1/2

MILE EAST OF COUNTY ROAD 23E; 8.9 ACRES; O-OPEN ZONING

(04-25-94)

This is a request for approval of a special review for a junkyard/auto salvage operation. Mr. White provided the project description, background information, reviewed the major issues and concerns, and submitted a photo of the site and several letters of complaint about the site from adjacent property owners. Mr. White noted that the property owner of this site was cited for zoning violations in 1989 and 1992 and in each instance removed vehicles and improved the site; however, in August of 1993, another zoning violation was cited. Staff Findings include: 1) The proposed use does not comply with the intent and purposes of the Zoning Resolution, the Comprehensive Land Use Plan, and LaPorte Area Land Use Plan; 2) The proposal is not harmonious with the surrounding neighborhood, and may have a negative impact on property values in the area; 3) The proposed use may have a negative impact on the public health, welfare, and safety, because of the potential contamination of soil, providing harborage for insects and rodents, and the difficulty of controlling weeds; 4) The LaPorte Planning Advisory Committee has recommended denial of the request. The Staff/Planning Commission Recommendation is for Denial of the Special Review.

Mr. Blehm stated that Mr. Grossman from their office visited the site and did not find any obvious contamination at that time, but noted that the potential is there because of the quantity of vehicles. Mr. Blehm stated that the applicant has put together a generic plan if the special review is approved, but the plan has to be very well managed. If approved, the County needs to draft a very specific maintenance plan to make sure violations don't reoccur. Mr. McKay addressed the Board and stated that he stores cars for friends; it is not a junkyard, it is more storage rather than salvage. It is a hobby and the vehicles are moved twice a year.

The following adjacent property owners addressed the Board: Larry Lindsey, Irma Woollen, Audrey Stockton, Betty Wilmouth, Sharon Knutzen, and Franklin Baumer; they cited their concerns of drainage problems, water and air contamination, harborage of rodents, illegal burning, non-compliance of property owner in the past, blight on the neighborhood, etc. Discussion followed; Mr. McKay noted he has started clearing vehicles from the site and everything should be removed within 60 days.

M O T I O N

Commissioner Disney moved that the Board adopt the Staff Findings and Staff/Planning Commission and LaPorte Planning Advisory Recommendations and deny the McKay Special Review (#94-ZR0392).

Motion carried 3 - 0.

5. WALKER ALLEGED ZONING VIOLATION: NW 1/4 22-4-69;

417 HIGHWAY 287, BERTHOUD (4-25-94)

This is an alleged violation for operating an auto body/paint shop in the FA-1 Farming Zoning District. Mr. Pedas reviewed the major concerns and issues and noted that in 1990 when the building permit was issued it was noted that this building could not be used for commercial purposes. Mr. Pedas noted that for the property owner to continue with current use, a variance needs to be granted, and if a commercial operation is approved for this site, he will need an air emissions permit. Staff Findings include: 1) The subject property is Zoned FA-1 Farming; 2) The FA-1 Farming Zoning District does not permit auto body/paint shops; 3) Paint vehicles in an unapproved paint booth endangers the surrounding buildings and occupants; 4) Continued use of the property is inconsistent with the Zoning Regulations and will affect property values in the neighborhood. The Staff Recommendation is to find that a violation exists, require immediate compliance, and to authorize legal action if compliance is not maintained.

Mike Walker, property owner, informed the Board that once he was told he couldn't paint in his facility, he stopped; he stated he is not running a commercial operation, it is a hobby. Mr. Walked noted that he is now aware he cannot do any paint spraying until he gets an acceptable paint booth, and that won't happen until the site is rezoned; he stated he wants to be a good neighbor and to comply. Mr. Pedas indicated that Mr. Walker has been very cooperative.

M O T I O N

Commissioner Hotchkiss moved that the Board adopt the Staff Findings and Staff Recommendation and find that a violation did exist, require continued compliance, and authorize legal action if compliance is not maintained.

Motion carried 3 - 0.

The meeting recessed at 10:40 a.m.

April 25, 1994

CONTINUATION OF STANDING PLANNING WORKSESSION

(#6 @ 1000 & #8 @ 600)

The Board reconvened at 10:45 a.m. in the Conference Room for continuation of the Standing Planning Worksession from last Wednesday, April 20, 1994. Chair Duvall presided; Commissioners Disney and Hotchkiss were present. Also present were John Barnett, Director of Planning and Bill Gordon, County Administrator. Recording Clerk, S. Graves.

The Board continued discussion of their decision regarding the concerns of the Northeast Area Neighborhood Coalition. As noted in the Minutes from last Wednesday, Commissioner Disney recommended a consultant be engaged to address the concerns of the property owners in this area and the suggestion was made to ask the Coalition to participate financially in the hiring of this consultant. After discussion today, the Board decided not to ask the Coalition to financially assist in the hiring of the consultant, as the consultant will be asked to work on all the area plans (Berthoud, Estes Park, Corridor, Foothills, Northeast and North Lakes Areas, Area Transportation Plan, etc.). Additional questions to be addressed by the consultant were as follows: 1) How will potential receiving areas in the County be identified? 2) Can a list of questions be compiled regarding long-range planning and policies and a policy resolution be drafted when these questions are answered? It was decided that the Board will schedule another meeting with Mr. Barnett to discuss transferable development rights in detail and possibly incorporate them within the UGA; the Board requested Mr. Barnett to inform them regarding what his Staff needs to know to proceed. Chair Duvall noted that Facilitator Maggie Carter is putting together a proposal for a three-day series of community meetings regarding growth in the Bellvue area, which will be expanded to discuss growth management in other areas.

With regard to Zoning and Property Rights, Mr. Barnett outlined the problem concerning what can and should be done to bring land use outcomes into conformance with the Comprehensive Plan and reviewed proposed solutions; Mr. Barnett stated that this will be a public involvement process. Chair Duvall asked about including zoning changes with land use changes and to broaden it to include a whole range of implemental tools. Chair Duvall stated that the County needs to have implementation of a policy follow planning; she asked if implementation can be moved up to be part of the planning process; Mr. Barnett responded "Yes".

With regard to Cost/Benefit Analysis of Growth: Mr. Barnett outlined the need for doing a cost/benefit analysis of growth before a plan for financing additional services and facilities can be implemented; he reviewed two possible options for obtaining a better understanding of the costs and benefits of development. Commissioner Hotchkiss asked if this hasn't been done in other Counties; Mr. Barnett will research this to see if there is a standard model available and if it will apply to Larimer County.

With regard to the rapid development of the foothills in Larimer County and its impact on ridge lines, Mr. Barnett suggested that the consultant to be hired conduct a thorough inventory and analysis of the topography, environment, and physical constraints to development and work with an appointed citizen task force to develop a series of alternatives for future land uses and development patterns in the foothills.

The meeting recessed at 11:55 a.m.

April 25, 1994

MEETING WITH AD HOC ANIMAL CONTROL

(#9)

The Board of County Commissioners reconvened at 1:30 p.m. in regular session Becky Malecki, Facilitator, Lisa Sadar, Executive Director of the Human Society, and Members of the Larimer County Animal Control Ad Hoc Committee. Chair Duvall presided; Commissioners Disney and Hotchkiss were present. Other County Employees present were: Dr. Larry Johnston, Director of Environmental Health; Captain Gary Darling, Sheriff's Department; Marla Hehn, Assistant County Attorney; and Bill Gordon, County Administrator. Recording Clerk, S. Graves.

The purpose of today's meeting was for the Animal Control Ad Hoc Committee to present their Final Proposal regarding their Committee Findings to the Board. The document included: 1) A flow chart displaying animal control in the County; 2) A summary of the perceptions of the core problems from the Humane Society's, Citizens, and Facilitator/Consultant's Perspective; 3) A list of facts and perceptions; and 4) A proposed course of action; each of these listings were reviewed and discussed. Mr. Sandy Lemberg, Committee Member, didn't totally agree with the recommendations of the Committee and, therefore, submitted his own recommendations for the Board's review.

Other topics discussed and questions raised and discussed were: 1) Is the Humane Society the appropriate agency for law enforcement?; 2) Does low pay contribute to high turnover of Enforcement Officers at the Humane Society?; 3) Instead of fines being returned to the General Fund, maybe they should go to the Humane Society; 4) Instead of paying a fine, could a citizen make a donation to the Humane Society?; 5) If the Animal Control Ordinance is re-written, should fines be increased?; etc. Gary Darling suggested that the training of the Humane Society Enforcement Officers could be incorporated into the Sheriff's Department Training, which is held bi-monthly; Dr. Johnston requested 30 minutes be given during these sessions for his department to share in the training of the officers.

Chair Duvall thanked the Committee for all their hard work and noted they have done an outstanding job in comprehending the problems of animal control in Larimer County and in making recommendations to the Board; Chair Duvall stated that the Board will follow up on the Committee's recommendations. The Committee Members asked the Board to inform them when decisions are made or action is taken.

The meeting recessed at 2:45 p.m.

April 25, 1994

PUBLIC HEARING REGARDING VISTA VIEW ESTATES P.U.D.

(#11, #12, #13 & #10 @ 800)

The Board of County Commissioners reconvened at 6:30 p.m. for a public hearing regarding Vista View Estates P.U.D. Chair Duvall presided; Commissioners Disney and Hotchkiss were present. Also present were: John Barnett, Director of Planning; Russ Legg, Development Processing Administrator; Rex Burns, Engineering; and Jeannine Haag, Assistant County Attorney. Recording Clerk, S. Graves.

1. VISTA VIEW ESTATES PLANNED UNIT DEVELOPMENT, REZONING

AND PRELIMINARY PLAT (#93-MS0410): SE 1/4 OF SW 1/4 25-06-69;

NORTH SIDE OF 57TH STREET (COUNTY ROAD 28) & 1/2 MILE EAST

OF U.S. HIGHWAY 287, NORTHEAST CORNER OF MONROE AND

57TH STREET; 34.63 ACRES; 109 LOTS; R-2 RESIDENTIAL ZONING

(4-25-94)

This is a request for approval of a Master Plan, Rezoning and Preliminary Phase Plan to divide 34.63 acres into 109 lots of 5,000 sq. ft. to 13,000 sq. ft. for single family dwellings with 9.95 acres of open space. Mr. Legg informed the Board that he just received a request from the adjacent property owners to table this item because of confusion at the Planning Commission Meeting regarding which proposal the Commission was voting on and an inaccurate reflection of the Planning Commission Meeting in the Minutes; the adjacent property owners are requesting this matter be reheard by the Planning Commission. After consulting with Staff and the applicant regarding their preference for tabling this matter, the Board decided to proceed with the hearing as scheduled.

Mr. Legg reviewed the history of the proposal, reviewed in detail the major concerns and issues, and submitted an aerial photo of the site. Mr. Legg also reviewed the conditions outlined by the Loveland Planning Commission, with which Staff concurs except for #7 requiring a traffic signal at 57th and Monroe Avenue. Mr. Legg also stated that Staff recommends that the number of lots be dropped to 98 and that all the lot sizes be increased to a minimum of 6500 sq. ft. Staff Findings include: 1) The proposed Vista View Planned Unit Development, with the significant concentration of private open space, well designed traffic circulation pattern and density transition as amended by the conditions of approval, is consistent with the Larimer County Comprehensive Plan, the planning guidelines and criteria of the Loveland Intergovernmental Agreement, and the Larimer County Planned Unit Development Resolution; 2) The rezoning of the site to R-1 Residential is consistent with the existing zoning in the area and in conformance with adopted planning guidelines of the Loveland Master Plan as adopted by Larimer County; 3) The City of Loveland Planning Commission recommends approval with conditions; 4) Approval of the proposed development, with conditions, will not result in any significant negative impacts on surrounding property, utility services, transportation facilities or the natural environment; 5) The Larimer County Planning Commission recommended approval with conditions.

The Staff Recommendation is for conditional approval of the Rezoning from R-2 Residential to R-1 Residential, conditional approval of the Master Plan for Vista View Estates, and approval of the Preliminary Phase Plan for Vista View Estates with numerous conditions.

Roger Clark, attorney for the applicant, addressed the Board and reviewed the history of the Vista View Estates proposal noting it was originally proposed as a mobile home park of 144 units, then a modular home project; subsequently, based on input from Loveland Planning Staff, Larimer County Planning Staff, and the neighbors, those proposals were withdrawn. The developer then took the information obtained from these entities and drafted a new proposal comprised of single family dwellings. Mr. Clark stated that the proposal has been before the Loveland Planning Commission on four occasions, which has resulted in a number of modifications from 109 to 101 and now 98, which equates to 2.83 units per acre. Mr. Clark noted that the developer is trying to present a quality subdivision and the proposal presented tonight is exactly what the Loveland Planning Commission requested and voted 9 - 0 for the proposal; the Planning Commission approved the request 6 - 0. Terence Hoaglund, Cityscape Urban Design Project Planner, stated that this developer has worked hard with the neighbors in an attempt to develop a workable plan, and he reviewed all the changes which have been made to address the neighbor's concerns. Mark Elmore, one of the developers, reviewed the ranges of proposed minimum and maximum lots sizes and costs (5,000 sq. ft @ $29,000 to 13,000 sq. ft. @ $40,000) and stated that the prices of homes will range from $130,000 to $180,000. John Donnelly, CDS Engineering, discussed some of the drainage issues and stated the developer plans to put in a detention basin. Rex Burns also discussed drainage and streets.

At this time, the hearing was opened for public testimony. Charles Crutchfield spoke in favor of the proposal, stating he intends to purchase one of the lots but considers the covenants too restrictive for the homeowners. Kathy Kuhlman, representing the neighborhood, acknowledged that the applicant has worked hard attempting to address the neighbor's concerns; however, she discussed at great length additional concerns; such as: 1) Desire for this area to be designated a residential P.U.D restricted to residential use; 2) Much of the designated open space in this proposal really is not open space but instead is dead space and difficult to maintain; 3) Concern regarding a road through a designated wetlands; 4) Drainage concerns (submitted photos of drainage problems after a 5/8 of an inch of rain; 5) Desire to maintain consistency in quality of homes on lots adjacent to Horseshoe View Estates; 6) Covenants, 7) Concern regarding dangerous intersection and safety for children on baseball field, 8) Dissatisfaction in plan to extend Monroe Avenue to north end of property line; 9) Lack of assurance to adjacent property owners that all conditions will be met; 10) Inconsistency of City of Loveland's Master Plan and the Larimer County Comprehensive Land Use Plan, etc. Ms. Kuhlman noted that she has petitions signed by 197 homeowners against this proposal. She requested that the lot sizes next to Horseshoe View Estates be set at a minimum of 8500 sq. ft. and requested the Board deny this proposal until the adjacent property owners can be assured the plan adopted will be developed accordingly; she recommended the proposal be reduced to two units per acre, or 70 lots. Sandy Eklich addressed the neighbor's concerns regarding inadequate fire and police protection and the impact on schools if this proposal is approved. Paul Bonomo, adjacent neighbor, submitted a handout to the Board showing the density in the surrounding subdivisions and residential areas and made comparisons with this proposal. Other area property owners addressed the Board and cited their concerns of whether or not the development will remain only single residences or will multi-family units be allowed, requested lower density and more feathering, and reiterated many of the prior concerns previously addressed.

In response to the property owner's lack of trust that conditions will be honored, Chair Duvall assured the homeowners that Planning Staff looks at standards very closely and should be trusted; Mr. Barnett stated that there are three ways that conditions and assurances are carried out: 1) Final Plat; 2) Engineering Drawings and Development Agreement, and 3) Covenants.

Mr. Donnelly, Mr. Hoaglund, and Mr. Clark responded to the concerns of drainage, structure of homes, water pressure, density, preservation of wetlands, open space, urban reserves, fire and schools, etc. Mr. Clark stated that the applicant has "gone the extra mile" to mitigate the neighbor's concerns and requested the Board to approve the proposal.

In response to Ms. Kuhlman's questions as to which Land Use Plan applies to this area, Ms. Haag examined five documents and responded at this time that the Loveland Master Plan is the guide in this situation, which shows that this property is in an area for single family homes and allows for 1 to 6 units per acre; it is not in an urban reserve district, it is within the UGA. The P.U.D. Resolution sets out the maximum number of units, which is 5 units per acre; therefore, to summarize, Ms. Haag stated that 2 to 5 units per acre are allowed in this area.

M O T I O N

Commissioner Disney moved that the Board deny the Vista View Estates Planned Unit Development Master Plan, Rezoning and Preliminary Phase Plan (#93-MS0410).

Motion carried 2 - 1; Commissioner Hotchkiss dissenting.

The meeting adjourned at 10:40 p.m.

TUESDAY, APRIL 26, 1994

EMPLOYMENT & TRAINING SERVICES STANDING MEETING

(#15)

The Board of County Commissioners met at 9:30 a.m. in regular session with Neil Gluckman, Director of Employment & Training Services. Chair Duvall presided; Commissioners Disney and Hotchkiss were present. Also present were: Chris Zell, Chairman of the Private Industry Council; and Bill Gordon, County Administrator. Recording Clerk, W. Gebauer.

1. Private Industry Council Update: Mr. Zell stated that the Council sponsored a series of employers' roundtables; an average of 150 people attended these sessions, which covered such topics as worker's compensation and changes in the law. The Council is also sponsoring the annual Business Expo, now known as the September Symposium, on September 16, 1994, and up to 1,200 people are expected to attend. Anheuser-Busch has contributed $5,000, and contributors may receive Enterprise Zone tax credits. Mr. Zell also recently met with the Overall Economic Development Committee. ETS is coordinating the Employment Expo in Snowmass on September 28 through September 30, 1994, and Mr. Gluckman asked the Commissioners to consider attending . Mr. Gluckman also met with the Northeast Business Association (NEBA) regarding the establishment of an area enterprise zone.

2. Director's Report: Commenting on ETS's Older Workers Program, Mr. Gluckman stated that the first graduation of the hospitality program will take place on Thursday, April 28, 1994 in Estes Park. Also, a "home helps" program was held in Loveland, and all of the graduates in the first group have found employment.

In addition, about 200 young people are participating in ETS programs focusing on both work and academic enrichment. ETS will be providing three conservation corps this year; the City of Fort Collins contributed $25,000 for this purpose. Mr. Zell interjected that changes in the Federal regulations required the conservation corps to serve more high-risk youth, and Mr. Gluckman added that they have created a code of conduct for use with the conservation corps.

Mr. Gluckman stated that ETS is applying for several grants. If a Youth Alternative Energy Conservation project is funded, ETS will target high-risk youth in projects involving environmental cleanup and recycling. Mr. Gluckman also met with Anheuser-Busch to ask for their financial support in making the Operation Brightside program a year-round project. Mr. Gluckman has also been working with other Health and Human Services departments in the "Cities in Schools" project, now to be known as the "Communities in Schools" project.

The State of Colorado has increased their funding of ETS programs by $10,000 for the coming year. A meeting between the Private Industry Council and the State Performance Standards Committee of the Job Training Coordinating Council has been scheduled on May 20, 1994 to discuss means of improving the measurement of outcomes. Commissioner Duvall expressed concern about attracting well-paying jobs to Larimer County as a means of raising the median income, and the Commissioners agreed that there was a significant problem of underemployment in the County.

Continuing with the Director's report, Mr. Gluckman presented information from the National Job Training Partnership Act Study. The study shows that individuals who participate in Job Training Partnership programs have significantly higher earnings and are more likely to continue working than individuals who do not participate in such programs.

In addition, Mr. Gluckman provided the Board with information about the Re-Employment Act of 1994, which is still moving through Congress with the broad support of state governments. The Act would place increased emphasis on the dislocated worker, and would establish career centers, or "one-stop shops," to provide all employment-related services in one place. The State of Colorado has $900,000 for three centers in Colorado, with two centers to be located in Denver. Mr. Gluckman considered it unlikely that the state would create a center for Larimer County only, and he has met with his counterparts in Boulder and Weld Counties about establishing a consortium for a northern Colorado career center to serve all three counties. While such a center may have one central location for such facilities as a complete career resources library, ETS staff members suggested having satellite offices dispersed through the three counties to provide services. The Commissioners expressed support for the idea of having satellite offices, and Commissioner Disney suggested that ETS consider such technologies as CD-ROM as a means of expanding access to information throughout the satellite offices.

The meeting adjourned at 10:35 a.m.

April 26, 1994

RISK MANAGEMENT BUDGET MEETING

(#16)

The Board of County Commissioners met at 10:30 a.m. in regular session with Mike Burch, Risk Manager. Chair Duvall presided; Commissioners Disney and Hotchkiss were present. Also present were: Robert D. Grewell, Finance Director; Bob Keister, Budget Manager, and Bill Gordon, County Administrator. Recording Clerk, W. Gebauer.

Mr. Burch presented information on the status of the Risk Management Department's budget. He noted that workers's compensation claims did not rise as severely as anticipated, and that this helped offset greater than anticipated claims in the property and casualty self-insurance fund. As such, the combined insurance reserve fund was approximately at its target level. He did not anticipate a need for budget changes in the 1994 year, but cautioned that it was still early in the claims year. Commissioner Hotchkiss noted that a future question for the Board will be whether to self-insure on medical coverage, but it was agreed that this would be a risky step to take.

In the time period from July to October, Mr. Burch noted that Congress was expected to require all public sector agencies to comply with the Occupational Safety and Health Act (OSHA). Mr. Gordon commented that Larimer County has complied for years with the OSHA regulations regarding physical restraints. Mr. Burch stated that this change will force the County to comply with volumes of new standards, and would effectively require the County to have an individual to monitor OSHA compliance. Mr. Burch asked the Board to consider creating a new, 1-FTE position for loss prevention, and Mr. Grewell noted this would not increase the current budget. The Commissioners asked Mr. Burch to write a job description for a loss prevention position to possibly begin by July 1, 1994. Commissioner Duvall emphasized that a complete loss prevention program was desired, not just an inspector.

Next, Mr. Burch recommended that the Board consider ending the current policy of continuing an employee's regular wages for ninety days after a worker's compensation claim, and begin having employees move directly to statutory worker's compensation benefits. Such a change would avoid the unnecessary payment of income taxes, and would provide approximately the same take-home pay for most employees. He pointed out that the Board could make exceptions in cases where there would be a significant decrease in income. The Board asked Mr. Burch to prepare a resolution and a list of pros and cons for such a change so that the Board would be able to discuss this proposal at a meeting with the Cabinet.




MOTION

Commissioner Disney moved that the Board go into Executive Session to discuss a Personnel Matter.

Motion carried 3 - 0.

The meeting recessed at 11:35 a.m.; no action taken.

April 26, 1994

LIQUOR LICENSE HEARING FOR BORDERLINE BOB'S

(#17)

The Board of County Commissioners reconvened at 2:00 p.m. for a Liquor License Hearing for Borderline Bob's, Inc., dba Borderline Bob's. Chair Duvall presided; Commissioners Disney and Hotchkiss were present. Also present were: George Hass, County Attorney, and Bill Gordon, County Administrator. Recording Clerk, S. Graves.

Following a review of the contents of the application file by Mr. Hass, applicant Bob Bisetti was sworn in and questioned. Mr. Bisetti made a presentation concerning the application, including clarifications required during the review of the file. For the record, Mr. Hass noted that there was no one appearing in opposition to the granting of this license.

This matter coming on to be heard this 26th day of April, 1994 upon the application of Bob Bisetti of Borderline Bob's, Inc., dba Borderline Bob's, for a 6% Hotel and Restaurant Liquor License, and the Board of County Commissioners having heard the testimony and evidence, has considered the same and being fully advised on the premises, find that the requirements of the neighborhood and the desire of the inhabitants, indicate that the said license should be granted. Therefore, it is ordered that a Colorado 6% Hotel and Restaurant and Liquor License be granted to Bob Bisetti of Borderline Bob's, Inc., dba Borderline Bob's.

M O T I O N

Commissioner Disney moved that the application of Bob Bisetti of Borderline Bob's, Inc., dba Borderline Bob's, for a Colorado 6% Hotel and Restaurant and Liquor License at the location of 17685 North Highway 287, Livermore, CO. 80536 in Larimer County, Colorado, be granted.

Motion carried 3 - 0.

The meeting adjourned at 2:15 p.m.

WEDNESDAY, APRIL 27, 1994

COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM

(#19)

The Board of County Commissioners met at 9:00 a.m. in regular session with Robert E. Thompson, Community Development Specialist. Chair Duvall presided; Commissioners Disney and Hotchkiss were present. Also present were Jodi Hartmann, Larimer/Weld Revolving Loan Fund Program Administrator, and Bill Gordon, County Administrator. Recording Clerk, W. Gebauer.

Ms. Hartmann presented an overview of the Weld/Larimer County Revolving Loan Fund program, which provides gap funding to small businesses in rural areas of Larimer and Weld Counties which are unable to obtain bank funding. The program is funded by the Community Development Block Grant Program, and is intended to encourage low and middle-income employment. Mr. Thompson and Ms. Hartmann asked that the Board sign the application to the state for a grant of up to $250,000, as the program has exhausted the funds currently available for new loans. Commissioner Duvall stated that Jeannine Haag, Assistant County Attorney, had reviewed the application and had suggested that the Board either delete a reference to County compliance to certain regulations or amend the statement to clarify the County's position. With the application is a letter wherein the Commissioners grant first priority to the sole applicant.

MOTION

Commissioner Hotchkiss moved that the Board approve the Community Development Block Grant application for small business revolving loan fund programs, and authorize the chair to sign the application and priority letter.

Motion carried 3 - 0.

The meeting recessed at 9:15 a.m.

April 27, 1994

ADMINISTRATIVE MATTERS

(#17 @ 650)

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 were: D. Joan Hopkins, Coordinator of Special Services, Department of Mental Health; Dana L. Klausmeyer, Controller; and Patty Arnett, Business Office Director, Department of Health. Recording Clerk, W. Gebauer.

1. WORKSESSION:

-- Mr. Gordon stated that Mr. Richard E. Williams, a Sheriff's Department employee, has asked the County to assist him in a research study related to his Ph.D. work at Colorado State University; the study would involve sending questionnaires on leadership styles to Larimer County managers and supervisors. Mr. Gordon said that he would ask for more information, but the Commissioners did not feel that the study required the Board's approval; Chair Duvall suggested this matter be brought to the Cabinet for their approval.

-- Mr. Gordon informed the Board that the Office of the District Attorney had requested the Board's permission to increase the fees charged for providing copies of video and audio cassette tapes from $5.00 for video tapes and $3.00 for cassette tapes, to $10.00 and $5.00, respectively.

MOTION

Commissioner Disney moved that the Board approve the District Attorney's Office request to increase the fees charged for providing copies of video and audio cassette tapes.

Motion carried 3 - 0.

2. PRESENTATION OF THE PROCLAMATION FOR SUICIDE AWARENESS MONTH - MAY, 1994: Ms. Hopkins stated that the suicide rate in Larimer County is among the highest in the nation, and that it was important to increase awareness of the problem of suicide and of the existence of the new Suicide Resource Center. Chair Duvall read the Proclamation and presented it to Ms. Hopkins.

MOTION

Commissioner Disney moved that the Board of County Commissioners proclaim the month of May, 1994 as Suicide Awareness Month, and authorize the Chair to sign the Proclamation.

Motion carried 3 - 0.

3. REQUEST FOR SUPPORT AND APPROVAL OF VOICE MESSAGE TO ALL COUNTY EMPLOYEES REGARDING "TAKE OUR DAUGHTERS TO WORK DAY"-THURSDAY, APRIL 28, 1994: Ms. Klausmeyer asked to Board to support the second annual national "Take Our Daughters to Work Day," by encouraging Larimer County employees to bring their daughters, ages 9 to 15, with them to work on Thursday, April 28, and to publicize this event through a voice mail message to all employees. This event was created to show young women that they are important and that they are not limited in their career choices, in order to counteract the decline in self-esteem that girls often experience between the ages of 11 and 13. The Commissioners expressed their support for "Take Our Daughters to Work Day," approved of the voice mail message, and added that they would be available during their Policy Worksession from 9:30 to 11:30 a.m. to visit with the young women and to answer questions.

April 27, 1994

4. APPOINTMENT OF AN UNEXPIRED TERM TO THE PRIVATE INDUSTRY COUNCIL (PIC): Mr. Gordon notified the Board that Mr. Tom Looft, Fort Collins-Loveland Job Service Director, had been nominated to fill the vacancy on the Larimer County Private Industry Council (PIC) created by the resignation of Mr. Tom Ivory. Mr. Looft was recommended by both the Colorado Department of Labor & Employment and the PIC.

MOTION

Commissioner Hotchkiss moved that the Board approve the appointment of Tom Looft to the Private Industry Council, term ending July 30, 1995.

Motion carried 3 - 0.

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

MOTION

Commissioner Disney moved that the Board approve the Minutes for the week of April 18, 1994, and the Agenda for the week of May 2, 1994, as submitted.

Motion carried 3 - 0.

MOTION

Commissioner Disney moved that the Board approve the Petitions for Abatement, as recommended by the County Assessor Steve Miller, for the following: Willis H. Yocum/Trustee; Marvin L. & Lorna L. Rogers; David E. Roeder; Michell F. & Sherri A. Brown; David S. & Susan D. Geisler; Vigoro Industries; Westlake Nat'l Bank (91&92); Westlake Nat'l Bank (90); First Nat'l Bank of Lv (92); First Nat'l Bank of Lv (90); Carlson; and Assoc. of Poudre Valley.

Motion carried 3 - 0.







April 27, 1994

MOTION

Commissioner Disney moved that the Board approve the following miscellaneous documents: Amended Tract C, Solomon Exemption and Waldo/Horton Boundary Line Adjustment; Letter to Ms. Micki Hackenberger, Colorado Counties, Inc., (CCI) regarding Larimer County Application for FY 95 State Special Bridge Fund Monies; Letter to Ms. Micki Hackenberger, CCI, regarding Larimer County Application for FY Federal Off-System Local Match Bridge Replacement Monies; Special Bridge Fund Forms-Bridge Project Cost Estimate: Structure Numbers LR5-0.9-36, LR56-0.5-3, LR56-1.0-I25, LR7-0.5-S1, LR70-0.9-9, and LR24H-0.1-25E.

Motion carried 3 - 0.

MOTION

Commissioner Disney moved that the Board approve the following documents:

D94-15 DEED OF DEDICATION BY LOREN J. DILSAVER AND WILLENE B. DILSAVER, TRUST (Dedication of a Portion of Property as a Public Highway-Dilsaver-County Road 11)

Motion carried 3 - 0.

6. COMMISSIONERS'S REPORTS:

-- Commissioner Disney stated that he would like to show the Board's appreciation to their secretarial staff on National Secretary's Day. The Board agreed to set a date to take the secretaries to lunch at the Country Club.

-- Commissioner Disney reported that Mr. Skip Underwood, Forest Supervisor, was favorable to the proposals regarding the proposed conveyance of the access easement in Meadowdale Ranch, as discussed during previous meetings with the Board of County Commissioners. The Board agreed to schedule a future meeting on the matter when negotiations are completed between Meadowdale Ranch, the Estes Valley Land Trust, and the U.S. Forest Service.

7. REQUEST FOR APPROVAL OF EXPANSION OF MIGRANT PROGRAM FTE FROM .8 TO 1.0: Ms. Arnett asked the Board to approve the increase of a program worker's position from .8 to 1.0 FTE beginning May 1, 1994 for the migrant worker program. No County funds would be involved in this change, as it involves Federal funds that are managed through the State of Colorado.


April 27, 1994

MOTION

Commissioner Disney moved that the Board approve the expansion of the migrant worker program FTE from .8 to 1.0, begining May 1, 1994, as requested by Ms. Arnett.

Motion carried 3 - 0.

At this time, Jeannine Haag, Assistant County Attorney; Russ Legg, Development Processing Administrator; and Rex Burns, Engineering, joined the meeting for Legal Matters.

MOTION

Commissioner Disney moved that the Board go into Executive Session to discuss Potential Litigation.

Motion carried 3 - 0.

The meeting recessed at 11:00 a.m.; no action taken.

MEETING WITH STATE DIVISION OF YOUTH SERVICES

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The Board of County Commissioners reconvened at 1:30 p.m. for a meeting with Mr. Larry Grauberger and Jerry Adamek, Colorado State Division of Youth Services. Chair Duvall presided; Commissioners Disney and Hotchkiss were present. Also present were Richard Shockley, Sheriff; Bob Sutherland, Colorado State Department of Institutions; Brett Nittman, Youth Services Bureau; Dick Anderson, Facilities Director; Paul H. Cooper, Community Corrections Director; William Baird, Social Services Department; Larry Abrahamson, District Attorney's Office, and Bill Gordon, County Administrator. Recording Clerk, W. Gebauer.

Mr. Adamek reviewed the status of House Bill 1340, which is in conference committee in the Legislature, and would add 300 beds to the Youth Services system through 4 new, free-standing facilities and 2 expanded facilities, with 60 beds to be located in northeastern Colorado. The Division of Youth Services is attracted to the idea of locating in Larimer County a regional facility that would serve Larimer, Boulder, and Weld counties, because of the progressive approach of the County to dealing with youth. He cautioned, however, that the Legislature would closely control the cost of the new facilities to under $100,000 per bed, and would also approve the sites selected. Furthermore, the Legislature did not allocate any funds for land acquisition, as some communities are willing to provide the land at no cost to the State as a means of attracting the facilities.

The Commissioners asked if the State might be amenable to combining the State facility with a future temporary holding facility for the County, either through a lease or condominium-type arrangement, or as separate facilities that would be designed together to form a system sharing certain services. Mr. Sutherland and Mr. Adamek stated that such a arrangement would be acceptable to them, but they were not optimistic that the Legislature would approve such a proposal. Commissioner Duvall proposed the following plan of action: to have the County prepare some financial statistics to demonstrate the costs involved in such an arrangement; to have the State officials draw up a list of key legislators for a possible future meeting; and to have various County offices continue their discussion of the proposed facility with the Division of Youth Services.

The meeting adjourned at 2:30 p.m.



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JANET S. DUVALL, CHAIR

BOARD OF COUNTY COMMISSIONERS

( S E A L )

ATTEST:


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Sherry E. Graves, Deputy County Clerk



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William Louis Gebauer, Deputy County Clerk