> Meetings & Minutes > 1998 Minutes

PROCEEDINGS OF THE BOARD OF COUNTY COMMISSIONERS

MONDAY, AUGUST 24, 1998

LAND-USE PLANNING MEETING

(#368)

The Board of County Commissioners met at 3:00 p.m. in regular session with Larry Timm, Director of Planning. Chair Pro-Tem Clarke presided and Commissioner Disney was present. Also present were: Russ Legg, Chief Planner; Carol Evans and Matt Lafferty, Planners II; Lonnie Sheldon, Project Engineer; and Jeannine Haag, Assistant County Attorney. Recording Clerk, Sherry Graves.

Chair Pro-Tem Clarke noted that the following are consent items and will not be discussed in detail unless requested by the Commissioners or members of the audience. Mr. Legg made one change to condition #2 for the Wyndham Hill PUD Amended Master Plan and Amended Preliminary Plat, which is reflected below.

1. AMENDED PLAT OF LOTS 19 & 20, BLOCK I OF THE CARTER LAKE

VALLEY SUBDIVISION (#98-SA1274): 22-04-70; 0.57 ACRES; 2 LOTS;

O-OPEN ZONING

This is a request for an amended plat to combine Lots 19 and 20 within Block 1 of the Carter Lake Valley Subdivision; said combining of the lots will result in one lot being 0.57 acres in size. Staff findings include: 1) The proposed amended plat is in compliance with the Larimer County Master Plan, the Larimer County Zoning Resolution, and the Larimer County Subdivision Resolution; 2) The amended plat is compatible with other development in the surrounding area; 3) Approval of the amended plat will not result in any significant impacts to neighboring properties, the natural environment, or the provision of services and infrastructure; 4) Property values in the surrounding area would not be adversely affected by the amended plat. The staff recommendation is for approval of the amended plat of Lots 19 and 20, Block 1 of the Carter Lake Valley Subdivision.

2. AMENDED PLAT OF LOT 10, BLOCK 16 OF HIAWATHA HEIGHTS

(#98-SA1277): NE ¼ - 29-10-73 ON THE SOUTH SIDE OF HIAWATHA

HIGHWAY IN BLOCK 16; .86 ACRES; 2 LOTS; O-OPEN ZONING

This is a request for an amended plat to combine Lot 10, Block 16 of the Hiawatha Heights Subdivision and an adjacent out parcel; the resulting lot area will be .858 acres. An access easement is also being vacated. Staff findings are: 1) The proposed amended plat is in compliance with the Larimer County Master Plan, the Larimer County Zoning Resolution, and the Larimer County Subdivision Resolution; 2) The amended plat is compatible with other development in the surrounding area; 3) Approval of the amended plat will not result in any significant impacts to neighboring properties, the natural environment, or the provision of services and infrastructure; 4) Property values in the surrounding area would not be adversely affected by the amended plat. The staff recommendation is for approval of the access easement vacation and amended plat of Lot 10, Block 16 of Hiawatha Heights Subdivision and the adjacent out-lot, subject to the following condition: The applicant shall make corrections to the amended plat as requested by the Larimer County Engineering and Planning Departments. In no event will the amended plat be process for Document Review until all technical issues have been addressed to the satisfaction of said County Departments.

3. AMENDED PLAT OF LOTS 10, 11, 12, 13 AND TRACT A OF THE POINT

TOWNHOMES PUD; 26-08-69; 1.71 ACRES; 4 LOTS; M-MULTIPLE

ZONING

This is a request for an amended plat to combine Lots 10, 11, 12, 13 and Tract A of the Point Townhomes PUD; said combining of lots will result in three lots, each being 1,920 square feet in area. Staff findings include: 1) The proposed amended plat is in compliance with the Larimer County Master Plan, the Larimer County Zoning Resolution, and the Larimer County Subdivision Resolution; 2) The amended plat is compatible with other development in the surrounding area; 3) Approval of the amended plat will not result in any significant impacts to neighboring properties, the natural environment, or the provision of services and infrastructure; 4) Property values in the surrounding area would not be adversely affected by the amended plat. The staff recommendation is for approval of the amended plat of Lots 10, 11, 12, 13 and Tract A of the Point Townhomes PUD.

4. EAGLE CREST SUBDIVISION RELEASE OF SUBDIVISION

IMPROVEMENTS AGREEMENT AND COLLATERAL (#93-SU0413):

NW 36-05-69 - ON THE EAST SIDE OF HIGHWAY 287, ½ MILE NORTH

OF COLORADO HIGHWAY 60

This is a request for release of remaining collateral for Eagle Crest Subdivision. The staff recommendation is for approval of the request to release the Subdivision Improvements Agreement and remaining collateral ($68,256) for the Eagle Crest Subdivision, with the condition that a Warranty Collateral Agreement and warranty collateral in the amount of $9,620.25 be provided by the developer. The warranty collateral period will end on November 20, 1998.


5. TIMNATH MEADOWS SUBDIVISION RELEASE OF WARRANTY

COLLATERAL (#94-SU0508): 23-07-68 - SOUTHEAST CORNER OF

COUNTY ROAD 5 AND COUNTY ROAD 44.

This is a request to release the warranty collateral for Timnath Meadows Subdivision. Staff findings include: 1) Timnath Meadows Subdivision was approved in 1994; the applicant executed a Subdivision Improvements Agreement and provided collateral to guarantee the completion of the improvements; 2) In January 199, the applicant executed a warranty collateral agreement when the Subdivision Improvements Agreement was released. Collateral in the amount of $6,115 was provided pursuant to the County's Collateral Policy; 3) The two-year warranty period has expired and the applicant has requested release of the collateral; 4) The County Public Works Department has inspected the improvements and recommends that the collateral be released. The staff recommendation is for approval of the release of warranty collateral for Timnath Meadows Subdivision in the amount of $6,116 being held in the Commissioners' escrow account.

6. SOLAR RIDGE SECOND FILING RELEASE OF WARRANTY

COLLATERAL (#94-SU0519): 04-07-69 - WEST OF TAFT HILL ROAD,

NORTH OF VINE DRIVE

This is a request to release the warranty collateral for Solar Ridge Second Filing. Staff findings are: 1) Solar Ridge Second Filing was approved on June 13, 1995; the applicant executed a Subdivision Improvements Agreement and provided collateral to guarantee the completion of the improvements; 2) The improvements w3ere completed and inspected in 1996; 3) The County retained $10,000 as warranty collateral for the improvements that were not accepted by another governmental entity. The warranty period has expired and the applicant is requesting release of the warranty collateral; 4) The Public Works Department has inspected the improvements and recommends release of the warranty collateral. The staff recommendation is for approval of the release of warranty collateral for Solar Ridge Second Filing; the collateral to be released is $10,000 held in an escrow account at Norwest Bank.

7. WYNDHAM HILL PLANNED UNIT DEVELOPMENT AMENDED MASTER

PLAN AND AMENDED PRELIMINARY PLAT (#98-MS1288): NW 19-06-68 -

SOUTHEAST CONER OF COUNTY ROAD 32 AND COUNTY ROAD 13

(LEMAY), SOUTH OF GREENSTONE PUD AND WEST OF PATTERSON

POINTE PUD; 42.89 ACRES; 16 LOTS; FA-1 FARMING ZONING

This is a request to amend the Master Plan and Preliminary Plat to reduce and reconfigure the 18 single family dwelling lots to 16 lots. Staff findings include: 1) The Amended Wyndham Hill Master Plan and Preliminary Plat are consistent with the Plan for the Region between Fort Collins and Loveland and reduces the number of approved residential lots from 18 to 16; 2) The improved access is required on the Final Plat.

The staff recommendation is for approval of the revised Master Plan and Preliminary Plat for 16 single family lots and open space for Wyndham Hill Planned Unit Development, with the following conditions: 1) The bike and pedestrian trail easement shall be shown on the north side of the plat, parallel to County Road 32; 2) The access to Lots 13-16 shall be from Patterson Pointe PUD, via Vantage View Place; the access shall consist of two shared driveways with a 40 foot access easement across Tract D in the Patterson Pointe PUD. Legal access documentation of the driveways shall be submitted with the Final Plat for Wyndham Hill PUD; 3) The area south of the access street from Patterson Pointe PUD on proposed Lot 16 shall have designated building envelopes for all proposed structures; 4) Covenants shall restrict the north portion of Lot 16 to uses similar to the adjacent open space area.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners adopt the staff findings and staff recommendations and approve the Amended Plat of Lots 19 and 20, Block 1 of the Carter Lake Valley Subdivision (#98-SA1274); Amended Plat of Lot 10, Block 16 of Hiawatha Heights (#98-SA1277); Amended Plat of Lots 10, 11, 12, 13 and Tract A of the Point Townhomes PUD (#98-SA1275); Eagle Crest Subdivision Release of Subdivision Improvements Agreement and Collateral (#93-SU0413); Timnath Meadows Subdivision Release of Warranty Collateral (#94-SU0508); Solar Ridge Second Filing Release of Warranty Collateral (#94-SU0519); and the Wyndham Hill Planned Unit Development Amended Master Plan and Amended Preliminary Plat (#98-MS1288); each, with conditions as outlined.

Motion carried 2 - 0.

The hearing adjourned at 3:10 p.m.

TUESDAY, AUGUST 25, 1998

ADMINISTRATIVE MATTERS

(#368 @ 200)

The Board of County Commissioners met at 9:00 a.m. in regular session with Neil Gluckman, Assistant County Manager. Chair Olson presided and Commissioners Clarke and Disney were present. Also present were: Senator Stan Matsunaka, Carol Block, Director of Finance; Kathryn Rowe, Director of Purchasing; Russ Ragsdale, Chief Deputy Clerk and Recorder; Bob Keister, Budget Manager; Dr. Olson, Executive Director Mental Health; Kathy Snell, Director Health & Human Services; Donna Hart, Commissioners' Office Staff Services Manager; Deni LaRue, Community Information Manager. Recording Clerk, Sherry Graves.

1. OPEN SESSION FOR PUBLIC COMMENT: No one came to address the Board during the open session for public comment today.

2. RECOGNITION OF STATE LEGISLATORS: Cheryl Olson expressed appreciation to Senator Stan Matsunaka for the working relationship the Board has with all the local Legislators and also thanked him for coming to meet with the Board today. Mr. Gluckman presented a short video which was produced for the Legislative Luncheon that Senator Matsunaka was not able to attend. Chair Olson presented Senator Matsunaka with a gift of appreciation. Senator Matsunaka noted that he has six high school students running his campaign this year and they are doing a great job. The Board and Senator Matsunaka discussed some of the current issues for the upcoming Legislative session, including impact fees and the use of credit cards by citizens to pay for some County services, such as motor vehicle licenses. Senator Matsunaka stated that he can't predict what kind of a legislative year it will be until after the election in November. Ms. Block discussed an issue of concern with Senator Matsunaka; she noted that the citizens of Larimer County have voted for a .65 sales tax for the new Justice Center, jail expansion, and open space and bonds have been issued, based on the sales tax revenues. Ms. Block noted that Larimer County does not collect the sales tax directly, the State collects it, and the sales tax collections received this year seem to be low in proportion to our economy as the taxable sales in the area have grown about 12.5% but the sales tax revenue received is only 4.2%; she noted that there is a definite gap in missing revenue (over $300,000) and it has been difficult to retrieve detailed information from the State Department of Revenue. Senator Matsunaka stated that he will call Renny Fagan, Executive Director of the State Department of Revenue, to ascertain what can be done regarding this concern. Senator Matsunaka expressed appreciation to the Board for the opportunity to discuss issues with the Commissioners.

3. APPROVAL OF MINUTES FOR WEEK OF AUGUST 17, 1998:

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the Minutes for the week of August 17, 1998, as submitted.

Motion carried 3-0.

4. APPROVAL OF SCHEDULE FOR WEEK OF AUGUST 31, 1998:

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners approve the Schedule for the week of August 31, 1998, as submitted.

Motion carried 3-0.

5. APPROVAL OF CONSENT AGENDA FOR AUGUST 25, 1998:

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the following documents as listed on the Consent Agenda for Document Review on August 25, 1998:

MISCELLANEOUS DOCUMENTS: Final Plat for Red Rock Estates Rural Land Plan; Amended Plat for Cushman's Lakeview 1st, Lots 11 and 12; and Cushman's Lakeview 2nd, Lots 23-25 and 102. LIQUOR LICENSES: Renewal of liquor license was granted to Fossil Creek Conoco - 3.2% - Fort Collins, CO. and Modification of Premises Permit granted for the Fargo Country Roadhouse - 6% - Fort Collins, CO. A license was issued to the Supermarket Liquors - 6% - Fort Collins, CO.

A98-132 AGREEMENT BETWEEN THE BOARD OF COUNTY

COMMISSIONERS FOR LARIMER COUNTY EMPLOYMENT

AND TRAINING SERVICES AND THE STATE BOARD FOR

COMMUNITY COLLEGES AND OCCUPATIONAL EDUCATION

(One-Stop Career Center)

A98-133 AGREEMENT BETWEEN THE BOARD OF COUNTY

COMMISSIONERS THROUGH THE LARIMER COUNTY

EMPLOYMENT AND TRAINING SERVICES AND FRONT

RANGE COMMUNITY COLLEGE (GED Services)

A98-134 AGREEMENT BETWEEN THE BOARD OF COUNTY

COMMISSIONERS AND EDAW (Consultant Services for Site

Master Plan for Larimer County Midpoint Campus)

A98-135 WARRANTY COLLATERAL AGREEMENT BETWEEN THE

BOARD OF COUNTY COMMISSIONERS AND EAGLE CREST

SUBDIVISION

A98-136 DEVELOPMENT AGREEMENT RELATING TO DEVELOPER'S

OBLIGATIONS IN THE RED ROCKS ESTATES RURAL LAND

PLAN (fka Linder/Hirata Rural Land Use Plan)

A98-137 AGREEMENT CONCERNING ELECTION SERVICES BETWEEN

THE LARIMER COUNTY CLERK & RECORDER AND THE

THOMPSON SCHOOL DISTRICT R-2J (Conduct and Coordinate

Elections)

A98-138 PROFESSIONAL SERVICES AGREEMENT BETWEEN THE

BOARD OF COUNTY COMMISSIONERS AND DR. CHARLES

BUTLER (Incidental Consulting for IMS Application Development

Services)

A98-139 PROFESSIONAL SERVICES AGREEMENT BETWEEN THE

BOARD OF COUNTY COMMISSIONERS AND BRUCE M. BIGGI

(Professional Information Systems Implementation and Project

Management Consulting Services to Larimer County GIS)

A98-140 PROFESSIONAL SERVICES AGREEMENT BETWEEN THE

BOARD OF COUNTY COMMISSIONERS AND CHARLES

BUTLER (Provide Education Services - Scope of Work - Training

Classes)

C98-41 CONTRACT FOR PROFESSIONAL SERVICES BETWEEN THE

BOARD OF COUNTY COMMISSIONERS AND AMERICAN

FARMLAND TRUST, ROCKY MOUNTAIN FIELD OFFICE

(Rural Land Use Center Consultant Services)

R98-128s RESOLUTION REGARDING RELEASE OF COLLATERAL FOR

SOLAR RIDGE SECOND FILING

R98-129s RESOLUTION REGARDING RELEASE OF COLLATERAL FOR

EAGLE CREST SUBDIVISION

R98-130s RESOLUTION REGARDING RELEASE OF WARRANTY

COLLATERAL FOR TIMNATH MEADOWS ESTATES

R98-131s FINDINGS AND RESOLUTION APPROVING THE LINDER/

HIRATA PRELIMINARY RURAL LAND PLAN

Motion carried 3-0.

6. RESOLUTION SUPPORTING THE NATIONAL GUARD: Mr. Gluckman submitted a resolution recognizing Larimer County's support of its employees in the National Guard and Reserve and requested Board approval of same. Commissioner Clarke stated that half of the defense of our Country right now is in the hands of Guard and Reserve.

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners approve a resolution in support of the National Guard and Reserve as essential to the strength of our nation and well being of our communities, and authorize the Chair to sign same.

Motion carried 3-0.

R98-132g RESOLUTION RECOGNIZING THE NATIONAL GUARD AND

RESERVE AS ESSENTIAL TO THE STRENTH OF OUR NATION

8. PROPOSED CHANGE TO FIXED ASSET AND MINI PURCHASE POLICY: Ms. Rowe requested Board approval for a fixed asset and mini purchase policy change; she noted that there was a legislation change which allows Larimer County to increase its fixed asset threshold from the current $500 level up to $5,000, which is the State and Federal limit. Ms. Rowe noted that a committee was formed to ascertain the affect of this change and after their review and review of comments from County employees, their preference was for a $1,500 limit; she noted that if the Board approves the change, the mini-purchase order policy should also be changed to coincide with the fixed asset policy.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners authorize a change of the Fixed Asset and Mini-Purchase threshold policy to a $1,500 limit, as requested.

Motion carried 3-0.

9. AUTHORIZE POSITIONS IN CLERK'S OFFICE: Mr. Ragsdale informed the Board that no additional staffing has been added to the Motor Vehicle Department since before 1990 and during that time, their transactions have increased by 27%; he noted that, understanding the budgetary constraints Larimer County has been under over the past few years, they have not asked for any increase in staff in this department. However, with the passage of two pieces of legislation this year that will result in an increase in their revenues by $200,000 this year, and probably $350,000 next year, he is requesting Board approval to use some of these monies to fund two new positions. Mr. Keister indicated his approval of the request, noting that even with these new positions, there will still be approximately $200,000 to turn over to the General Fund to be used for other purposes.

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners approve two new positions, a Vehicle Licensing Technician I and a Branch Technician I, for the Motor Vehicle Department, as requested.

Motion carried 3-0.

Mr. Gluckman stated that he and Mr. Ragsdale attended a Clerk's Association Meeting with representatives from U. S. Bank regarding the credit card issue; he noted that it doesn't make sense for Larimer County to support legislation for credit card use if Motor Vehicle cannot keep the $2 it is currently collecting. Mr. Ragsdale stated that the State Department of Revenue is asking for legislation to allow them to pass on a surcharge to the customers and he noted that allowing 1.7% per transaction would be eaten up on any transaction over $120. Much discussion followed.

10. AUTHORIZE MENTAL HEALTH POSITION FOR JUVENILE ASSESSMENT CENTER: Dr. Olson requested Board approval to establish two positions at the Program Worker II level to provide mental health staff for the proposed Juvenile Assessment Center (JAC). Dr. Olson reviewed possible funding sources for these positions; he noted that the Coffee Shop Managers' position has been reclassified and so, in essence, he is only asking for one new position at this time, with funding to be derived from the Mental Health Center Fund Balance. Mr. Keister expressed his concern for creating positions out of Fund Balance and stated that, as a general practice, he doesn't recommend it. In response to questions from the Board, Dr. Olson stated that he anticipates a Fund Balance of approximately $384,000. Ms. Snell stated that she asked Dr. Olson to make this request so Mental Health could be part of the Juvenile Assessment Center; she noted that these positions are critical to the JAC and revenues usually come in to offset some of the expenses and she is hopeful this will happen - at least 35% in pass through money from the Federal Government. Ms. Snell stated that the JAC cannot open without these two positions; much discussion followed.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the creation of one Program Worker II limited-term position in the Mental Health Center for the purpose of staffing the Juvenile Assessment Center, this limited-term position to expire on December 31, 1999 and re-evaluated at that time; and approval to waive the Personnel Policy regarding limited term positions

Motion carried 3-0.

11. WORKSESSION:

-- Invitations: Ms. Hart reviewed the pending invitations with the Board.

11. COMMISSIONER REPORTS:

-- Commissioner Disney reported on his experience of being a guest on the Phil Walker Show from the summit of Longs Peak.

-- Commissioner Disney reported on the televised call-in show last night regarding the Larimer County Fairgrounds.

-- Commissioner Clarke reported that he has been attending the Partnership Land Use System (PLUS) draft code meetings and the issue regarding the involvement of the Plus Advisory Council (PAC) was raised; he noted that a letter was sent to the PAC members thanking them for their work on PLUS and that their work was finished. Commissioner Clarke stated that, in his opinion, the PAC members have spent a lot of time on this and should be involved and he suggested that each member be sent a copy of draft code, and they be given an opportunity to comment on same; the Board concurred. Commissioner Disney suggested that when the hearing draft is published, it would be helpful if the changes in the Code could be highlighted or possibly add a cover letter listing the changes.

-- Chair Olson asked her colleagues what they would like for Scott Cornell and his group working on the road standards to do next. Much discussion followed; Commissioner Clarke stated that the group has done a great job coming up with minimal standards, but he wants them to continue to look at incentives. Commissioner Disney stated that he wants to make minimal standards mandatory.

At this time, County Attorney George Hass, Assistant County Attorney Jeannine Haag, and Code Enforcement Officer John Pedas joined the meeting for legal matters.

12. LEGAL MATTERS:

-- Estes Park Ordinance: Ms. Haag reported that, in her opinion, the Estes Park Ordinance is not an Ordinance to allow or disallow short-term rentals and it strictly applies within the town limits.

-- New Uniform Code for Abatement of Dangerous Buildings: Ms. Haag stated that they have a case pending pursuant to the regulations of the New Uniform Code for the Abatement of Dangerous Buildings; she noted that upon reviewing the procedures for the hearing appeal, it requires a fairly formalized hearing because there is the potential to order a building to be demolished. Ms. Haag reviewed the options, noting that the matter can be heard either by the Commissioners or an independent hearing examiner; much discussion followed. Ms. Haag stated that, in her opinion, it would be more efficient and manageable to have independent counsel; the Board concurred and the suggestion was made to hire Roger Clark, attorney for Hammond and Clark, as the independent hearing examiner and his fee will be derived from the litigation fund. As required by regulations of the Code, Ms. Haag requested the Board to approve a resolution appointing the Board of Appeals to hear and decide appeals of orders, decisions or determinations relative to the 1997 Uniform Code for the Abatement of Dangerous Buildings.

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners adopt a resolution creating a Board of Appeals and appointing members thereof, to hear and decide appeals of orders, decision or determinations made by the Larimer County Building Official relative to the application and interpretation of the 1997 Uniform Code for the Abatement of Dangerous Buildings, and authorize the Chair to sign same.

Motion carried 3-0.

R98-133g RESOLUTION CREATING A BOARD OF APPEALS AND

APPOINTING MEMBERS THEREOF, TO HEAR AND DECIDE

APPEALS OF ORDERS, DECISIONS OR DETERMINATIONS

MADE BY THE LARIMER COUNTY BUILDING OFFICIAL

RELATIVE TO THE APPLICATION AND INTERPRETATION

OF THE 1997 UNIFORM CODE FOR THE ABATEMENT OF

DANGEROUS BUILDINGS

-- Draft Ordinance Prohibiting the Possession of Cigarettes and Tobacco Products by Minors: Mr. Haas submitted a draft copy of the Smoking Ordinance for Minors for the Board to review; he noted that he will also give copies of the draft to the District Attorney and the Sheriff to review and make comments. Mr. Haas stated he would like to have their comments back in two weeks for First Reading; he noted that this Ordinance is compatible with the Cities' Ordinance. The Board directed Mr. Haas to proceed.

-- Executive Session:

M O T I O N

Commissioner Disney moved that the Board of County Commissioners go into Executive Session at 11:35 a.m. to discuss a personnel matter and potential litigation.

Motion carried 3-0.

The Executive Session ended at 12:05 p.m.; no action taken.


___________________________________________

CHERYL OLSON, CHAIR LARIMER COUNTY

BOARD OF COMMISSIONERS

MYRNA J. RODENBERGER

LARIMER COUNTY CLERK & RECORDER

( S E A L )

ATTEST:

________________________________

Sherry E. Graves, Deputy County Clerk