> Meetings & Minutes > 1994 Minutes

PROCEEDINGS OF THE BOARD OF COUNTY COMMISSIONERS

MONDAY, AUGUST 29, 1994

SUBDIVISIONS

(#109)

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: Jay Meehl, Associate Planner; Rex Burns, Engineering; Jerry Blehm, Environmental Health; and Jeannine Haag, Assistant County Attorney. Recording Clerk, S. Graves.

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. GLEN HAVEN SUBDIVISION AMENDED PLAT (#94-SA0541): SW 1/4

22-06-72; SOUTH AND WEST OF NORTH FORK CREEK NEAR GLEN

HAVEN; 2.74 ACRES; 1 LOT; E1-ESTATE ZONING (8-29-94)

This is a request for an Amended Plat of Lots 21 and 22 and that part of Lots 20 and 23 lying south and west of North Fork Creek, all in Block 15 of Glen Haven Subdivision - combining four lots into one. Staff Findings include: 1) Glen Haven Subdivision was recorded May 10, 1939; 2) The proposed Amended Plat does not create additional lots; 3) The parcel is zoned E-1 with one acre minimum lot size. Combining of the four lots would increase the conformity to current requirements; 4) No objection from the Health Department or utility providers; 5) The Engineering Department has commented on the Plat and a letter has been sent to the applicant.

Staff Recommendation is for approval, with the condition that the following corrections are completed: 1) The Plat should include the statement "The new lots created by this action are subject to the same restrictions, covenants, and regulations as set forth in the Plat of record of Glen Haven Subdivision"; 2) The Plat should be corrected and reflect all items listed in the letter from the Engineering Department.


2. LAKEVIEW COTTAGE SITES AMENDED PLAT (LOTS 7, 9, 11 & 13)

#94-SA0557: S 1/4 01-07-70; NORTH SHORE OF HORSETOOTH

RESERVOIR AND HIGHWAY 40-C; .55 ACRES; O-OPEN ZONING

(8-29-94)

This is a request for an Amended Plat of Lots 7, 9, 11 and 13 for Lakeview Cottage Sites combining of four lots into one lot. Staff Findings are: 1) The subdivision was platted on February 13, 1953; 2) The proposed Amended Plat does not create any additional lots; 3) The parcels are zoned O-Open district; minimum lot size is 10 acre lots and combining the lots will increase the conformity; 4) The Health Department and utility providers have found no objections; 5) The Engineering Department has commented on the Plat and a letter has been sent to the applicant.

Staff Recommendation is for approval on condition that the following corrections take place: A) Correct part of the dedication regarding the "known as Lot 7A"; B) The Plat should be corrected and reflect all items listed in the letter from the Engineering Department.

3. LAKEVIEW COTTAGE SITES AMENDED PLAT (LOTS 14, 16 & 18)

#94-SA0554: S 1/4 01-07-70; LOCATED NEAR NORTH SHORE OF

HORSETOOTH RESERVOIR AND HIGHWAY 48; .41 ACRES;

O-OPEN ZONING (8-28-94).

This is a request for an Amended Plat of Lots 14, 16 and 18, Lakeview Cottage Sites to combine three lots into one large parcel. Staff Findings include: 1) The subdivision was platted February 13, 1953; 2) The current Amended Plat does not create any additional lots; 3) The parcels are zoned O-Open district; minimum lot size is 10 acre lots, combining lots; 4) The Health Department and utility providers have found no objections; 5) The Engineering Department has commented on the Plat and a letter has been sent to the applicant.

Staff Recommendation is for approval on condition that the following corrections take place: A) Correct part of the dedication regarding the "known as Lot 16A"; B) Include a signature space for the notary public; C) The Plat should be corrected and reflect all items listed in the letter from the Engineering Department.

4. CEDAR SPRINGS SUBDIVISION AMENDED PLAT (#94-SA0555):

NW 1/4 26-06-71; BETWEEN CHIPMUNK PLACE AND SPRUCE

MOUNTAIN DRIVE IN CEDAR SPRINGS SUBDIVISION; 2.94

ACRES; 2 LOTS; O-OPEN ZONING (8-29-94)

This is a request for an Amended Plat of Lot 6, Block 1 (2nd Filing) and Lot 7, Block 2 (1st Filing), Cedar Springs Subdivision to combine the two lots into one lot thus increasing the size of the lot. Staff Findings are: 1) Cedar Springs Subdivision was recorded on August 9, 1967 (1st Filing) and November 22, 1967 (2nd Filing); 2) The current proposal will increase frontage distance and produce a more acceptable lot configuration; 3) No additional lots are created in this proposal.

Staff Recommendation is for approval for combining Lot 6, Block 2 (2nd Filing) and Lot 7, Block 2 (1st Filing) of Cedar Springs pending approval of the Engineering Department and utility providers.

5. CENTENNIAL HILLS SUBDIVISION AMENDED PLAT (#94-SA0556):

SW 1/4 06-04-72; NORTH AND EAST OF CENTENNIAL DRIVE, ABOUT

4 MILES SOUTH OF ESTES PARK VIA HIGHWAY 7; 4.74 ACRES;

1 LOT; E-ESTATE ZONING (8-29-94)

This is a request for an Amended Plat of Lots 2 and 3 of the Replat of the Amended Plat of Lots 6, 7 and 8, Centennial Hills Subdivision to combine two lots into one 4.74 acre lot. Staff Findings include: 1) Centennial Hills Subdivision was originally recorded on June 18, 1979; 2) The Amended Plat of Lots 6, 7 & 8 (which are now 1, 2 and 3) was recorded on June 1, 1989; this action combined all three lots into one large lot; 3) The Replat of the Amended Plat, which created Lots 1, 2 and 3 was approved on November 12, 1991 and recorded (Reception #91059313) on November 25, 1991; 4) The proposed Amended Plat does not create any additional lots; 5) The proposed Amended Plat falls within the regulations of the E-Estate Zoning; 6) The Health Department and utility providers have no objections; 7) The Engineering Department has commented on the Plat and a letter has been sent to the applicant. Staff Recommendation is for approval of the Centennial Hills Subdivision Amended Plat.

6. CARRIAGE HILLS 5TH EASEMENT VACATION (#94-0S0539):

01-04-73; IN CARRIAGE HILLS SOUTH OF ESTES PARK;

E-ESTATE ZONING (8-29-94)

This is a request to vacate a portion of a utility easement to correct an encroachment on Lot 5, Block 15. Staff Findings are: 1) Carriage Hills Fifth Filing was approved in 1968; 2) Utility easements were placed along all the side and rear lot lines in this subdivision; 3) A house on this lot encroaches on a part of the utility easement along the side lot line; 4) The County Health and Engineering Departments and all utilities serving this area have reviewed the proposed vacation and stated no objections.

Staff Recommendation is for approval of the vacation of a portion of the utility easement on Lot 5, Block 15, Carriage Hills Fifth Filing.






M O T I O N

Commissioner Disney moved that the Board adopt the Staff Findings and Staff Recommendations and approve the Glen Haven Subdivision Amended Plat (#94-SA0541); Lakeview Cottage Sites Amended Plat - Lots 7, 9, 11 & 13 (#94-SA0557); Lakeview Cottage Sites Amended Plat - Lots 14, 16 & 18 (#94-SA0554); Cedar Springs Subdivision Amended Plat (#94-SA0555); Centennial Hills Subdivision Amended Plat (#94-SA0556); and Carriage Hills 5th Easement Vacation (#94-0S0539); each, with conditions as outlined.

Motion carried 3 - 0.

The meeting adjourned at 9:10 a.m.

TUESDAY, AUGUST 30, 1994

MEETING REGARDING JUVENILE DETENTION FACILITY

AND PROPOSED STAFF SECURE FACILITY

(#109 @ 600)

The Board of County Commissioners met at 9:30 a.m. in regular session with Paul Cooper, Director of Community Corrections. Chair Duvall presided; Commissioners Disney and Hotchkiss were present. Also present were: Brent Nittmann, Program Manager Youth Services Bureau; Sheriff's Department Representatives: Captain Gary Darling (Operations) and Deputy Bill Nestlerode (Juveniles); Larry Abrahamson, Chief Deputy District Attorney; Tim Walsh, Chief of Probation Services; Dick Anderson, Facilities Manager; and Frank Lancaster, Interim County Administrator. Recording Clerk, S. Graves.

Chair Duvall stated that the purpose of today's meeting was to provide an opportunity for further discussion with the Board and other interested parties regarding the possibility of having a staff secure facility constructed in conjunction with the state juvenile detention center and how to fund the operations of the staff secure facility.

In response to a question raised during a meeting with the Board on August 9, 1994 regarding whether or not LEA funds (if approved by the voters in November) could be used to operate the staff secure facility, Mr. Cooper reported that the Sheriff answered "No", stating that legally those funds cannot be used for this purpose. Captain Darling further stated that LEA funds can only be used for law enforcement control services and direct administrative costs. Mr. Cooper stated that the two main questions to be resolved today are: 1) Is the County willing to proceed with plans for a juvenile detention facility, to be built and operated by the State, even if a staff secure county facility is not included in the plans; or 2) Does the Board want Mr. Cooper to continue working with the State in an attempt to negotiate some kind of building design which will include a staff-secure facility and will commit the County to an annual operating expenditure of $250,000?

Much discussion followed regarding the purpose and function of a staff-secure facility--is it to hold juveniles which have been picked up by law enforcement officials for a misdemeanor but not charged with a crime, or is it a short-term holding facility for kids charged with a crime? Mr. Cooper stated that if we are not talking about criminal behavior, we are not talking about detention, and if we are not talking about detention, the State won't build the facility for us; there has to be some clarification who will occupy these beds. The Board asked if Youth Safe could be used for the juveniles "falling through the cracks"; the response was that the non-criminal goes to Youth Safe, which is not a locked facility, and the ones which have committed a misdemeanor go to Brighton, which is currently at 300% capacity, and costs the county approximately $50,000 annually in transportation costs.

Mr. Lancaster reiterated the questions again: Do we want the state facility and, if so, do we want to include a staff secure facility? Commissioners Disney and Hotchkiss answered affirmatively to both questions; Chair Duvall asked the attendees at today's meeting what, in their opinion, is needed most in the county, what is the highest priority, and could money be redirected from existing programs toward the staff-secure facility? Everyone responded that the state facility in Larimer County would be a great asset to the county and all supported the plan for the juvenile state facility being built in Larimer County. In addition, Mr. Abrahamson noted that inclusion of the staff secure facility would also be of tremendous benefit to the State, as it will cut down on the average daily population of the juvenile detention center and will save the state money by lessening overcrowding in their facility. Mr. Nestlerode advised the Board that it would be a shame to sacrifice the state facility being located in Larimer County because of demands for the staff secure facility.

CONSENSUS OF THE BOARD was that the construction of a stand-alone state juvenile holding facility in Larimer County is of utmost importance; however, Chair Duvall still wants to pursue the possibility of getting the staff secure facility, if possible. Several other options were discussed; such as, could the state facility be designed in such a way to accommodate an addition of a county holding facility at a later time, when it is determined how to fund it; or could the state build the staff secure facility and lease it to the county? After further discussion, the Board suggested that Mr. Nittmann, Jan DeWitt and Doug Keasling of Social Services, Mr. Nestlerode, Mr. Abrahamson, Captain Darling, and whoever else should be included, form a committee to review the existing youth programs in place in the county, determine the highest priority for distribution of funds, and devise a plan on how the staff secure facility can be funded. Chair Duvall asked Mr. Cooper how soon the committee could report back to the Board with their findings; he responded that he needs to know the intentions of the Board regarding this matter in 3 to 4 weeks at the latest. The Board will expect a recommendation from the committee within three weeks regarding how the staff secure facility can be funded and, if need be, how the existing youth programs in Larimer County should be re-organized.

The meeting adjourned at 10:45 a.m.

WEDNESDAY, AUGUST 31, 1994

ADMINISTRATIVE MATTERS

(#110)

The Board of County Commissioners met at 9:30 a.m. in regular session with Neil Gluckman, Assistant County Administrator. Chair Duvall presided; Commissioners Disney and Hotchkiss were present. Also present were: County Attorney George Hass, Parks Director John MacFarlane; Parks Planner K-Lynn Cameron; Finance Director Bob Grewell; and Joan Duchene, Office Supervisor Commissioner's Office. Recording Clerk, S. Graves.

1. REQUEST FOR APPROVAL OF "POST 2001 SALES TAX RESOLUTION": Mr. MacFarlane and Ms. Cameron presented the revised POST 2001 Sales Tax Resolution for Board approval and the Chair's signature. Ms. Cameron reviewed the four changes and/or additions made to the resolution, which have been reviewed and approved by the County Attorney. Mr. MacFarlane noted that upon approval by the Board, the resolution and ballot will be certified by the Larimer County Clerk and Recorder as of today, August 31, 1994, and will become the first ballot question to be certified for the November 8, 1994 election.

M O T I O N

Commissioner Disney moved that the Board approve the revised POST 2001 Sales Tax Resolution, to be certified by the Larimer County Clerk and Recorder as of August 31, 1994, and authorize the Chair to sign same.

Motion carried 3 - 0.

2. REQUEST FOR APPROVAL AND SIGNATURE ON AGREEMENT TO ESTABLISH MULTI-CULTURAL COMMISSION: Mr. Hass presented an Agreement (statement of philosophy) regarding participation in furthering cultural diversity type issues and requested Board approval and the Chair's signature; Mr. Hass noted there is no financial obligation.

M O T I O N

Commissioner Disney moved that the Board approve an Agreement (Statement of Philosophy) between Larimer County, City of Fort Collins, Colorado State Board of Agriculture, Poudre School District R-1, State Board for the Colorado Community Colleges and Occupational Education System, Poudre Valley Hospital, and the Fort Collins Chamber of Commerce for establishment of the Multi-Cultural Commission, and authorize the Chair to sign same.

Motion carried 3 - 0.

A94-135 AGREEMENT BETWEEN THE BOARD OF COUNTY

COMMISSIONERS, CITY OF FORT COLLINS, COLORADO

STATE BOARD OF AGRICULTURE, POUDRE SCHOOL

DISTRICT R-1, STATE BOARD FOR THE COLORADO

COMMUNITY COLLEGES AND OCCUPATIONAL EDUCATION

SYSTEM, POUDRE VALLEY HOSPITAL, AND THE FORT

COLLINS CHAMBER OF COMMERCE

3. REQUEST FOR APPROVAL AND SIGNATURE ON THE LETA AGREEMENT (911): Mr. Grewell requested Board approval and the Chair's signature on an Agreement between the County and the Larimer Emergency Telephone Authority (LETA) in which the County agrees to insure the equipment purchased by LETA on behalf of and used by Larimer County; equipment valued at $154,290. Mr. Grewell noted that this Agreement has been reviewed and approved by Mr. Burch, Larimer County Risk Manager.

M O T I O N

Commissioner Disney moved that the Board approve the Agreement between Larimer County and the Larimer Emergency Telephone Authority, as requested by Mr. Grewell, and authorize the Chair to sign same.

Motion carried 3 - 0.

4. REQUEST FOR A CHANGE OF TERM FROM 4 TO 3 YEARS FOR PLANNING COMMISSION MEMBERS: Ms. Duchene noted that last week the Board made several appointments to the Planning Commission for four-year terms; however, according to State Statute these terms should have been for three years. Therefore, Ms. Duchene requested the Board to amend those appointments from four years to three years; also in order to have staggered terms of Commission members, it was recommended that the three-year appointments made last week be amended to two years.

M O T I O N

Commissioner Disney moved that the Board amend the appointments made last week of Raymond Wendell Amos and Linda Stanley to the Planning Commission from four years to three years, terms ending June 30, 1997; and amend the appointments of Vern Sunset and Steve Johnson from three years to two years, terms ending June 30, 1996.

Motion carried 3 - 0.

Chair Duvall noted she received a letter from Rick Eversole withdrawing his application from the Planning Commission; as he was appointed as Associate Member to the Commission for a one-year term, the Board took the following action:

M O T I O N

Commissioner Hotchkiss moved that the Board appoint James A. Hoeven as Associate Member of the Planning Commission for a one-year term ending June 30, 1995.

Motion carried 3 - 0.

5. WORKSESSION:

-- Mr. Gluckman stated that the only item on tomorrow's agenda for Policy Worksession is discussion of the internal survey; he asked the Board if there other items to be discussed. Commissioner Disney stated he would like to apprise the Board of issues regarding the Highway 287 Berthoud By-Pass and receive their input on those issues.

6. COMMISSIONER'S REPORTS - ADMINISTRATIVE:

-- Commissioner Disney stated that a question has arisen regarding continuation of the football pool thru E-Mail. After discussion, CONSENSUS OF THE BOARD was to direct Mr. Gluckman to draft a memo to employees reiterating county policy that use of county time, property and equipment for personal use is not appropriate.

-- In reference to an invitation the Board received to attend a reception and dinner in Fort Collins on September 22, 1994 with the Transportation Commission of Colorado, Commissioner Disney asked which of the Commissioners will be attending; Chair Duvall and Commissioner Hotchkiss indicated they will both attend the dinner meeting.

-- Commissioner Disney noted that the Board received a letter from the Estes Land Trust requesting a letter of support from the Board stating the public purpose of the two proposed conservation easements to provide to the IRS for tax benefits. Commissioner Disney read a draft response letter, written by Mr. Lancaster, and requested approval from the Board; the Board concurred with the letter as read.

-- With regard to the proposed letter stating the Board's official position with regard to Meadowdale Ranch, the Board agreed it needs revision before sending it out.

-- Chair Duvall expressed concern about the lack of a press basket for correspondence or any other information sent to the Board which might be of interest to the press. After discussion, it was decided to talk to Ms. Hart about setting up a press basket to provide access and availability of items of interest for the press.

-- Chair Duvall stated she wants to talk to Mr. Lancaster about the scheduling of the Board "Going out on the Road".

7. 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 August 22, 1994 and the Agenda for the week of September 5, 1994, as submitted.

Motion carried 3 - 0.

M O T I O N

Commissioner Disney moved that the Board approve a Stipulation (As to Tax Year 1993 Actual Value) for Anheuser Busch, Inc., vs. Larimer County Board of Equalization; and a LEAF Project Grant Proposal to Colorado Department of Transportation for DUI Enforcement.

Motion carried 3 - 0.

LIQUOR LICENSES: 3.2% Special Events Licenses were issued to the Greeley Jr. Chamber of Commerce/Greeley Jaycees - Fort Collins, CO.; and to The State Board of Agriculture for Colorado State University - Fort Collins, CO. County Approval was granted to Gateway Liquor, Inc., for a Waive of Hearing for CHANGE OF OWNERSHIP for 6% Retail Liquor Store License at 530 South Lincoln Avenue, Loveland, CO., and for Dunraven Inn for a Waive of Hearing for CHANGE OF OWNERSHIP for a 6% Hotel & Restaurant Liquor License at 2470 Highway 66, Estes Park, CO.

M O T I O N

Commissioner Disney moved that the Board approve the following documents:

A94-137 SUBDIVISION IMPROVEMENT AGREEMENT BETWEEN THE

BOARD OF COUNTY COMMISSIONERS AND WINDSOR

INVESTMENTS, LTD. FOR PTARMIGAN SUBDIVISION,

THIRD FILING AND ADDENDUM TO SIA AND DEVELOPMENT

LOAN AGREEMENT

A94-138 SERVICES AGREEMENT BETWEEN THE BOARD OF COUNTY

COMMISSIONERS AND COLORADO CUSTOM WARE, INC.

(As Defined by Option 1 of the System and Services Agreement

between Larimer County and Convergent Connections, Inc. for

Recurring Maintenance and Support Fees)

D94-28 QUIT-CLAIM DEED FOR CRYSTAL LAKES LOT 74, 12TH

FILING P.U.D. COUNTY OF LARIMER, STATE OF COLORADO

Motion carried 3 - 0.

8. PERSONNEL MATTER - EXECUTIVE SESSION:

M O T I O N

Commissioner Hotchkiss moved that the Board go into Executive Session at 10:05 a.m. with Personnel Director Ralph Jacobs and Health Department Director Dr. Adrienne LeBailly to discuss a personnel matter.

Motion carried 3 - 0.

The meeting adjourned at 10:55 a.m.; no action taken.



______________________________________

JANET S. DUVALL, CHAIR

BOARD OF COUNTY COMMISSIONERS

( S E A L )

ATTEST:



______________________________________

Sherry E. Graves, Deputy County Clerk

August 30, 1994