> Meetings & Minutes > 1995 Minutes

PROCEEDINGS OF THE BOARD OF COUNTY COMMISSIONERS

MONDAY, MARCH 6, 1995

PLANNING MEETING

(#225)

The Board of County Commissioners met at 9:00 a.m. in regular session with John Barnett, Director of Planning. Chair Disney presided; Commissioners Clarke and Duvall were present. Also present were: Jill Bennett, Comprehensive Planner; Jerry Blehm, Director of Environmental Health; and Jeannine Haag, Assistant County Attorney. Recording Clerk, S. Graves.

1. PLAN FOR THE REGION BETWEEN FORT COLLINS AND LOVELAND

(#95-RL0590): SOUTH OF HARMONY ROAD TO 57TH STREET IN

LOVELAND AND WEST FROM THE LARIMER-WELD COUNTY LINE

TO THE FIRST RIDGE OF THE DAKOTA HOGBACK (03-06-95)

Ms. Bennett stated that the purpose of today's meeting is for the Board to consider and discuss three options as a part of the decision process for the eventual adoption of the Plan for the Region between Fort Collins and Loveland as an element of the Larimer County Comprehensive Plan. Ms. Bennett briefly reviewed the background of the Plan for the Region, including the two public hearings which were held to receive comments from citizens regarding the Plan. Ms. Bennett outlined the three options: 1) Recommend that the Planning Commission adopt the Plan for the Region between Fort Collins and Loveland, with or without specific changes or additions to the Plan; 2) Recommend that the Planning Commission delay a final decision on the Plan until after the Planning Team proposes changes to the document based on public input; at least one additional hearing would be needed on the revised Plan and this option will be combined with considering a Task Force recommendation and a Planning Team response to the recommendation; 3) Recommend that the Planning Commission not adopt the Plan.

Ms. Bennett further stated that after considering the comments made during the public hearings, as well as the letters received regarding the Plan, staff is recommending four revisions to the Plan: 1) Revise the map for Area 11 as it is not consistent with the text; 2) Reconsider the concept of agricultural preserve; 3) Clarify the description of transferable development rights (TDR) and possibly show receiving areas; 4) Revise the wording on setbacks to address some concerns raised at the public hearings.

Ms. Bennett outlined the timetable for further study and final adoption of the Plan, noting that: 1) A Planning Team meeting is scheduled for this Wednesday, March 8, to consider the aforementioned specific revisions; 2) A Task Force Meeting will be held before the end of March to discuss the plan as a whole, including the revisions; 3) A Public Hearing with the Board of County Commissioners will be held the evening of April 3, 1995; and, 4) A second hearing before the Planning Commission for final consideration and adoption of the Plan for the Region will be held the evening of April 20, 1995.

Commissioner Clarke requested clarification and made suggestions to several items in the Plan; he asked about present realities and if any developments have Final Plat approval in this area. Ms. Bennett responded that she doesn't think any unbuilt projects have been approved in this subject area. Commissioner Clarke suggested it would be very helpful if each of the maps in the Plan had zoning and density allowed in an area indicated, as well as the Cathy Fromme Prairie and McKee Trust shown. Discussion followed; Ms. Bennett noted that all of these suggestions will be included in the final version of the Plan.

Chair Disney suggested that, in the attempt to define agricultural preserve, a symposium be held with area farmers and ranchers to discuss the future of agriculture land in Larimer County to hear their thoughts on the subject; he agreed that the concept of TDR's need better definition and he wants to address the fairness to property owners issue.

Commissioner Duvall asked staff if it will be possible to maintain the schedule as outlined, if all these revisions are to be included in the Plan; Mr. Barnett responded "No", especially the philosophical issue of fairness to the property owner. In an effort to not delay this process, Commissioner Duvall recommended that the Board work on the philosophical aspect of the fairness issue and staff work on the technical aspects of the Plan. Chair Disney noted that this Plan is not cast in granite and can be amended; he suggested they try to maintain the proposed schedule and noted that the Board can recommend amendments to the Planning Commission after the Agriculture Symposium is held.

M O T I O N

Commissioner Duvall moved that the Board select Option 2, as described above, to be combined with recommendations to be made by the Planning Team and Task Force, and maintain the proposed timeline as outlined by Ms. Bennett. During this timeline, the Area 11 map will be revised to be consistent with the text, the concepts of agricultural preserve and TDR's will be redefined and receiving areas will be indicated, the wording regarding setbacks will be revised; once the plan is adopted, continue to revisit the agriculture preserve question, possibly convene an agriculture symposium, attempt to define the fairness issue, which is also to be included in the Partnership Land Use System, and amend the Plan for the Region as this process evolves.

Motion carried 3 - 0.

The meeting adjourned at 9:50 a.m.

TUESDAY, MARCH 7, 1995

PUBLIC WORKS STANDING MEETING

(#227)

The Board of County Commissioners met at 9:30 a.m. in regular session with Rex Smith, Director of Public Works. Chair Disney presided; Commissioners Clarke and Duvall were present. Also present were: Len Bammer, Fleet Manager; Bill Heiden, Director of Road and Bridge Department; Bob Keister, Budget Manager; and Frank Lancaster, County Manager. Recording Clerk, S. Graves.

1. Funding for Above Ground Storage Tank Replacements: Mr. Bammer informed the Board that on October 1, 1994 new rules went into effect covering every aspect of above ground storage regulations, as required by the new fire codes of the National Fire Protection Code, and everyone was given one year to comply. Mr. Bammer stated that over $90,000 in upgrades will be required to come into compliance and this expenditure was not anticipated in their budget; therefore, he proposed borrowing from the General Fund and then repay the loan within five years with monies to be derived from a surcharge to the fuel users. Mr. Smith recommended these monies be derived from the Capital Expenditure Fund rather than the General Fund, and noted there will be some flexibility on how quickly the loan will be repaid - it could be more or less than five years based on fuel fluctuations. Much discussion followed.

M O T I O N

Commissioner Duvall moved that the Board authorize a $100,000 loan from the Capital Expenditures Fund to provide funding for the above ground storage tank replacements; this amount to be paid back from a surcharge to fuel users, over a period of five years.

Motion carried 3 - 0.

After the motion was made, the Board requested Mr. Bammer to draft a letter, for the Commissioners to sign, to be sent to the State Legislators about the difficulties caused by these unfunded mandates.

2. Stove Prairie Area Road Maintenance Plans: Mr. Heiden provided an update on the road maintenance work, past and future, in the Stove Prairie Area, and reviewed the scientific traction test results on CR 27 which were performed to measure the skid resistance on the roadway under both dry and wet conditions. Mr. Heiden noted that Jonathan Addo from CSU was hired to work with a group of residents from Stove Prairie when conducting the tests and they selected the roads to be tested. Mr. Heiden stated that the group is satisfied with the test results; however, Mr. Heiden cautioned the Board that when it rains this spring, he anticipates they will again receive some phone calls about the roads.

Mr. Heiden informed the Board that in early April they will gravel 2 1/2 miles off CR 38E on Glade Road and up Redstone Canyon; by the middle of April, they will gravel 8 miles on CR 44H toward Pennock Pass and continue on CR 27 until school is out, as the residents are concerned about school bus safety. Mr. Heiden stated that he likes magnesium chloride as a dust suppressant because cost savings are quite dramatic. Commissioner Duvall expressed concern that the application of mag chloride results in temporary slick and dangerous road conditions; Mr. Heiden noted that he is doing some things differently to lessen the slickness, but noted the roads will be slick for awhile until they completely cure and harden; he stated that the road maintenance they are doing is creating safer conditions for most of the year, and he assured the Board that he will try and respond quickly to the residents when the complaint calls come in. Chair Disney asked if there is a notification process to the property owners when this treatment is going to be applied to the roads; Mr. Heiden responded "No", but he will notify them in the future.

3. Road Closure Policy: Mr. Smith informed the Board that he will be receiving requests very soon to close CR 23 for the Frostbite Time Trial Bike Race, scheduled for Sunday, March 26, 1995 from 11 a.m. until 1:30 p.m. from Dixon Dam to Horsetooth Dam, and for the Buckeye Road Race in April to close CR 9, 15, 70 & 82 to all traffic except for police escorted traffic. Mr. Smith requested that in the future, when he receives these requests, he would like to send the requests to the Board as it is a policy decision, and not a technical decision, whether or not to close roads for bicycle races. Mr. Smith asked the Board if they would like to schedule a meeting with the internal staff, himself, and Lt. David Cox from the Sheriff's Department to discuss this matter further. After discussion, the Board directed Mr. Smith to approve the March 26 race, as it would be difficult to get all the parties together to have this meeting before that race; and then schedule a meeting with the interested parties, including the residents in the Buckeye Area, before the Buckeye Race.

4. Development Review Process: Discussion ensued concerning the Engineering and Planning Departments scheduling a meeting to discuss the development review process. Mr. Smith noted that the county needs to have criteria described in black and white to back up the Board's decisions on land use matters. This subject will be discussed further when the Board meets with the Planning Department. .

The meeting recessed at 10:55 p.m.








WORKSESSION/PRESENTATION ON COUNTY TDR PROGRAM

(#228 & #225 @ 3300)

The Board of County Commissioners reconvened at 4:00 p.m. for a worksession on the County Transferable Development Rights (TDR) Program. Chair Disney presided; Commissioners Clarke and Duvall were present. Also present were: John Barnett, Director of Planning; Jerry White, Zoning Administrator; Jill Bennett, Comprehensive Planner; and Terrence Moore, Christopher Duerksen, Ben Hermann, and Kari Henderson of the TDR Consulting Team. Recording Clerk, S. Graves.

Chair Disney noted that the purpose of today's worksession is for the TDR Team to provide the Board with a framework for TDR's as a result of the worksession held yesterday and direction given to the Team by the Board. Mr. Barnett reviewed the history of the concept of TDR's for Larimer County and Mr. Duerksen presented an overall framework and implementation of a TDR program for Larimer County, summarizing the key elements of successful TDR's and proposing a strategy for implementing that program. Mr. Duerksen defined TDR's for the audience, stating they are a method whereby the county can allow people to shift permissible densities from a site they would like to see preserved to another parcel and allow development to occur at that site. Mr. Duerksen outlined the elements of a successful TDR program, noting that there must be specific goals, dependent upon the identification and full participation of the key stakeholders in the process, the sending and receiving areas and criteria must be defined, a bank needs to be established to keep track of the transfers of land, purchase TDR's, etc., education and marketing are critical, the program must have flexibility, and legal and administrative considerations must be compatible with regulations with regard to open space and land acquisition, etc.

Mr. Duerksen outlined the Larimer County TDR Program recommendations, noting that two primary goals were identified by the Commissioners: 1) Maintenance of separation/open space between communities in the county; and 2) Protection of prime agricultural land, mainly in the context of the community separation goal; and the system needs to be flexible enough to build in local preferences for land protection when a joint county/city and town program develops.

Mr. Moore described the voluntary/mandatory system, which is a system voluntary in sending areas and mandatory in receiving areas; he reviewed the strengths and weaknesses of each and noted that no TDR Program will work unless the community accepts the program. Mr. Moore reviewed the seven steps which need to be taken to bring the TDR program closer to reality and noted that it will take approximately six months to complete the seven steps. It was noted that the Planning Team has the capabilities to assist in completing the seven steps in a timely fashion, as people are needed who have good experience working with developers and able to evaluate property values, etc., but Mr. Moore stated that if staff can do it, they should do it; however, Mr. Moore thinks the county will need some assistance and he also suggested there be significant public input throughout the first five steps. Mr. Barnett cautioned that if the county decides to go with the TDR program, we need to make sure it is in sync with all the other revisions the county is undertaking.

Commissioner Duvall requested that someone from the Team describe and explain for the persons in the audience the concept of TDR's; Mr. Moore obliged the request and described the TDR concept in detail for the audience. Questions from the audience followed.

At this time, the Board offered their comments and asked questions of the Planning Team. Commissioner Disney expressed concern about the observation that if we get the market analysis and aim for the midpoint between voluntary and mandatory, then we begin to get at the issue of what is fair to the property owners and he would like to hear from the farmers what their thoughts are about preserving agriculture land. Mr. Moore responded that the question of whether or not to adopt the concept of TDR's should not be answered before receiving input from the agriculture people. The question was also raised regarding what kinds of problems will these deed restrictions cause in the future; Commissioner Clarke suggested that possibly something should be written that the TDR concept should be re-evaluated in the future - such as fifty years from now. Discussion followed; Mr. Duerksen cautioned that this would have to be done very carefully and very strict criteria would need to be defined for ever taking back the TDR's. Commissioner Duvall totally disagreed with this idea and stated that this suggestion defeats the whole purpose of the TDR concept.

Chair Disney closed the worksession by stating that the county needs to develop partnerships with the cities for the TDR's as the county doesn't have the resources to do it alone and we need to work together to groom the receiving areas.

The meeting adjourned at 6:00 p.m.

WEDNESDAY, MARCH 8, 1995

ADMINISTRATIVE MATTERS

MARCH 8, 1995

(#229 AND #230)

The Board of County Commissioners met at 9:30 a.m. in regular session with Frank Lancaster, County Manager. Chair Disney presided and Commissioner Clarke and Duvall were present. Also present were: Doug Keasling, Social Services Director; Keith Olson, Mental Health Executive Director; Neil Gluckman, Assistant County Manager; Ralph Jacobs, Human Resources Director; Patsi Maroney, Compensation & Benefits Specialist; Robert Grewell, Financial Administration Director. Recording Clerk, A. Jensen.

1. UPDATE ON WELD COUNTY'S TURN BACK OF SOCIAL SERVICES AND CCI ACTIONS: Mr. Keasling submitted a summary of the Turnback Bill draft to the Commissioners for review, comments and questions. The meeting proceeded with a concise overview of each item listed on the summary. Mr. Keasling clarified items and answered questions from the Commissioners. A discussion ensued regarding the incentives of keeping the Social Services Department local vs. the dis-incentives of "turning back" the Social Services Department to the State. Chair Disney questioned the State's ability to withhold funding from the highway users fund as an incentive for the individual counties to retain control of their social services programs. Chair Disney stated this bill will not affect Larimer County since there are no plans of "turning back" any social service programs to the State as well as comment "We wish to work with the State." Commissioner Clarke confirmed his view that social service programs are more effective when administrated locally. Discussion continued with respect to the intricacies of this bill. Commissioner Duvall stated she is concerned with a reduction in the 80-20 match, expressing concern with where will the money be taken from to meet this new obligation? Mr. Keasling will acquire additional information at the next meeting and report to the Commissioners.

2. STAFFING INCREASE REQUEST: Dr. Olson presented a detailed personnel authorization request to the Commissioners, outlining each position. It was noted that all three positions will not require ongoing funding from the County, but will be financed from third party payers such as Medicaid, and fees for services. Dr. Olson stated that 11% of the budget is dedicated to administrative matters, whereas the national average is between 12% and 13%. Dr. Olson also stated his conviction of operating the Mental Health Department as a business, giving a concise overview of his fiscal decisions and use of funding. At this time Commissioner Clarke commended Dr. Olson's fiscal attitudes. Much discussion ensued regarding funding and the use of the fund balance in the Mental Health Department. The Commissioners instructed Mr. Lancaster to schedule a separate meeting with Dr. Olson to discuss funding various projects and the concept of Communities in School. Commissioner Duvall mentioned she will be attending a meeting in April regarding mental health issues and is desirous of having this meeting with Dr. Olson prior to her April meeting.

M O T I O N

Commissioner Clarke moved that the Board approve the requests to create and fill a 1/2 time Case Management position, an expansion of position #MH-1011 and a Medicaid and Medicare Billings Quality Control clerk as outlined in Dr. Olson's memo and supporting documentation.

Motion carried 3 - 0.

3. DISCUSSION OF CONTROLLER POSITION: Mr. Jacobs, Ms. Maroney and Mr. Grewell come before the Board requesting approval to increase the pay grade for the controller position from 162 to 167. Ms. Maroney reported that Larimer County's salary range for the controller position is, on the average, lower than other front range counties.

M O T I O N

Commissioner Clarke moved that the Board approve the request to increase the pay grade for the controller position from 162 to 167.

Motion carried 3 - 0.

4. WORKSESSION:

-- Colorado Youth Retrieval and Achievement Center: Mr. Lancaster gave a brief overview of the Colorado Youth Retrieval and Achievement Center concept, as submitted by Mr. Matsunaka, describing it as an all inclusive program for troubled youth. Mr. Keister will review this proposal to examine the impact and report to the Commissioners. Mr. Nittmann and Mr. Cooper will do a program analysis of this proposal, reporting to the Commissioners prior to responding to Mr. Matsunaka.

-- Manager's Authority to Sign Contracts: Mr. Lancaster stated there has been confusion regarding his ability to sign certain grants and agreements. An addition to the County Manager's approval authority would be that contracts and agreements for services and products previously approved by the Board, regardless of amount. CONSENSUS OF THE COMMISSIONERS is to add this addendum to the County Manager's ability to act on behalf of the Commissioners.

-- Update on HB-1321: Mr. Lancaster reported to the Commissioners regarding changes made to this bill. Chair Disney suggested composing a press release to establish the Commissioners position with respect to House Bill 1321. Discussion ensued covering the inclusion and exclusions of this bill. Mr. Lancaster will compose the press release for the Commissioners approval.

-- Involvement of Boards and Commissions in the Scope of PLUS: The Commissioners were in support of having Mr. Lancaster arrange a meeting of the participants to facilitate communication.

-- Public Works Stove Prairie Road Meeting: Mr. Lancaster reported on the Public Works Stove Prairie Road meeting and the continuing problems with the road. The Commissioners requested Mr. Heiden to formulate an emergency response to poor road conditions. CONSENSUS OF THE BOARD was to re-evaluate this project prior to proceeding with construction.

5. COMMISSIONERS REPORTS:

-- Commissioner Duvall reported on a meeting she had with Fort Collins' Mayor Azari regarding agricultural water and the formation of an Agricultural Council to include the Farm Bureau and the Extension Office. Chair Disney and Commissioner Clarke expressed their support of this concept.

-- Mr. Lancaster reported the Policy Worksession scheduled for tomorrow had been canceled.

-- A discussion followed covering the topics of various ballot issues and public perception of these separate issues.

At this time, County Attorney George Hass; Assistant County Attorney Jeannine Haag; Human Resources Director Ralph Jacobs; Finance Director Robert Grewell; Risk Manager Mike Burch, Risk Manager; and Human Resource Specialist Suzanne Comcowich joined the meeting for Legal Matters.

M O T I O N

Commissioner Clarke moved that the Board go into Executive Session to discuss a personnel matter at 11:05 a.m.

Motion carried 3 - 0.

The Board came out of Executive Session at 12:15 p.m. and took the following action:

M O T I O N

Commissioner Clarke moved that the Board adopt a Resolution denying the request from Pete Lien & Sons, Inc. dba Colorado Lien Company for reconsideration and rehearing on the Sandy Flats Quarry proposal, which was heard and denied by the Board of County Commissioners during a public hearing on February 6, 1995.

Motion carried 3 - 0.

R95-32g RESOLUTION DENYING THE REQUEST FROM COLORADO

LIEN COMPANY FOR RECONSIDERATION AND REHEARING

OF THE SANDY FLATS QUARRY PROPOSAL

Ms. Haag apprised the Board of a zoning violation and noted that Mr. Pedas has cited the property owners of the violation. Ms. Haag stated that the second step for an alleged violation is to have a public hearing before the Board, but because of the seriousness of the situation, and the time involved in scheduling, notification, and holding the hearing, an injunction has been filed and hopefully the matter will be resolved shortly.

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



M O T I O N

Commissioner Duvall moved that the Board approve the Minutes for the week of February 27, 1995 and the Agendas for the week of March 13, 1995, as submitted.

Motion carried 3 - 0.

M O T I O N

Commissioner Duvall moved that the Board approve the Crystal Lakes Ninth Amended Plat and the Social Services Check Register.

Motion carried 3 - 0.

LIQUOR LICENSES: County Approval was granted to: Lovin' Oven - 6% - Loveland, CO.; Fox Acres Country Club - 6% WITH CORPORATE CHANGES - Red Feathers Lake, CO.; Boyd Lake Marina - 3.2% - Loveland, CO.; Boyd Lake Marina dba Burger Bay - 3.2% - Loveland, CO., and The Store - 3.2% - Fort Collins, CO. A License was issued to Gasamat Oil Corporation of Colorado, dba Gasamat No. 110 - 3.2% - Fort Collins, CO.

M O T I O N

Commissioner Duvall moved that the Board approve the following documents:

A95-12 LIBRARY SERVICES AGREEMENT BETWEEN THE BOARD OF

COUNTY COMMISSIONERS AND THE ESTES VALLEY PUBLIC

LIBRARY DISTRICT

A95-13 LIBRARY SERVICES AGREEMENT BETWEEN THE BOARD OF

COUNTY COMMISSIONERS AND THE TOWN OF WELLINGTON

A95-14 LIBRARY SERVICES AGREEMENT BETWEEN THE BOARD OF

COUNTY COMMISSIONERS AND THE TOWN OF RED FEATHER

A95-15 INTERGOVERNMENTAL AGREEMENT BETWEEN THE BOARD OF

COUNTY COMMISSIONERS AND JEFFERSON COUNTY, LARIMER

COUNTY, BOULDER COUNTY, DOUGLAS COUNTY, AND EL PASO

COUNTY (Front Range Mountain Backdrop Study)

A95-16 RENEWAL RIDER AGREEMENT BETWEEN THE BOARD OF

COUNTY COMMISSIONERS AND THE UNION PACIFIC

RAILROAD (County Road 57 Public Crossing at Milepost 12.33,

Fort Collins Branch between Kelim and Redmond, Colorado)

A95-17 CHILD SUPPORT ENFORCEMENT AGREEMENT FOR SERVICES

EXTENSION BETWEEN THE BOARD OF COUNTY

COMMISSIONERS AND THE COLORADO CHILD SUPPORT

SERVICES, INC.

A95-18 SERVICE AGREEMENT BETWEEN THE BOARD OF COUNTY

COMMISSIONERS AND NATIONAL MRO (Legal Compliance with the

U.S. Dept. of Transportation Drug and Alcohol Testing Requirements)

A95-19 AGREEMENT BETWEEN THE BOARD OF COUNTY

COMMISSIONERS AND THE BERTHOUD GOLDEN LINKS, INC.

(Adult Day Care for Low Income Seniors)

A95-20 AGREEMENT BETWEEN THE BOARD OF COUNTY

COMMISSIONERS AND THE BERTHOUD GOLDEN LINKS, INC.

DBA BERTHOUD AREA TRANSPORTATION (Transportation for

Seniors 60 Years of Age and Older)

A95-21 AGREEMENT BETWEEN THE BOARD OF COUNTY

COMMISSIONERS AND CENTENNIAL HIGH SCHOOL AND

THE CENTENNIAL NEIGHBORHOOD ASSOCIATION

(Provision of Senior Job Match)

A95-22 AGREEMENT BETWEEN THE BOARD OF COUNTY

COMMISSIONERS AND THE WOMEN'S CENTER OF LARIMER

COUNTY (Dental Assistance to Older Adults 60 Years of Age & Older)

A95-23 LARIMER COUNTY GOVERNMENT/POUDRE R-1 SCHOOL

DISTRICT PILOT PROJECT AGREEMENT BETWEEN THE

BOARD OF COUNTY COMMISSIONERS AND POUDRE R-1

SCHOOL DISTRICT

R95-33s FINDINGS AND RESOLUTION CONCERNING THE VACATION

OF UTILITY EASEMENT IN CARRIAGE HILLS 4TH FILING










R95-34s FINDINGS AND RESOLUTION CONCERNING THE PLAT OF

LINDACRE MINOR LAND DIVISION (Formerly Lindacre MRD)

Motion carried 3 - 0.

The meeting adjourned at 12:30 p.m.



______________________________________

JIM DISNEY, CHAIR

BOARD OF COUNTY COMMISSIONERS

( S E A L )

ATTEST:


_________________________________________

Sherry E. Graves, Deputy County Clerk


_______________________________________

Aimee Jensen, Deputy County Clerk

March 8, 1995