> Meetings & Minutes > 1998 Minutes

PROCEEDINGS OF THE BOARD OF COUNTY COMMISSIONERS

MONDAY, SEPTEMBER 21, 1998

LAND-USE PLANNING MEETING

(#375)

The Board of County Commissioners met at 3:00 p.m. in regular session with Rob Helmick, Senior Planner. Chair Olson presided and Commissioner Disney was present; Commissioner Clarke is out of town. Also present were: Matt Lafferty, Planner II; Lonnie Sheldon, Project Engineer; and Jeannine Haag, Assistant County Attorney. Recording Clerk, Sherry Graves.

Chair Olson noted that a request has been received to table the Bosworth Addition to the Bellvue Amended Plat until October 5, 1998.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners table the Bosworth Addition to the Bellvue Amended Plat (#98-SA1286) until October 5, 1998, as requested.

Motion carried 2-0.

Chair Olson noted that the following is a consent item and will not be discussed in detail unless requested by the Commissioners or members of the Board.

1. VALLEY VIEW ESTATES SUBDIVISION RELEASE OF WARRANTY

COLLATERAL (#92-SU0208); SW ¼ 36-05-69, EAST OF U. S. HIGHWAY

287, ¼ MILE NORTH OF STATE HIGHWAY

This is a request for release of warranty collateral for Valley View Estates Subdivision. The staff recommendation is for approval of the request to release the warranty collateral for Valley View Estates Subdivision in the amount of $7,277.78.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the Valley View Estates Subdivision Release of Warranty Collateral (#92-SU0208), as requested.

Motion carried 2-0.

2. VIENNA MINOR RESIDENTIAL DEVELOPMENT APPEAL (#98-EX1281):

SE ¼ 20-04-69 - LOCATED ON THE WEST SIDE OF COUNTY ROAD 21,

½ MILE SOUTH OF HIGHWAY 56; 6.6 ACRES; 1 LOT EXISTING,

2 LOTS PROPOSED; FA-1 FARMING ZONING

This is a request for an appeal to the Minor Residential Development (MRD) regulations to allow an application for a Minor Residential Development to divide a 6.52 acre parcel into two parcels consisting of 3.26 acres each. Mr. Lafferty reviewed the background of the property, noting that the property is known as Tract D of the Phillips Exemption, approved in 1974, which was a four-lot exemption of a 31 acre parcel. Mr. Lafferty noted that in 1993 the Board adopted regulations for MRD submittals and one of the criteria is that properties previously divided by MRD could not be further divided without going through the Larimer County Subdivision process. Mr. Lafferty noted that the Engineering and Health Departments reviewed the appeal request and indicated they could review this application either as a subdivision or MRD. Staff findings include: 1) The Minor Residential Development process was amended in February of 1993 to limit the types of parcels eligible to be divided without going through the full subdivision process; 2) The full subdivision process is available to divide parcels that are not eligible for consideration under the Minor Residential Development process. A subdivision request on this property would be reviewed by the Larimer County Planning Commission prior to a hearing with the County Commissioners; 3) The property is part of a previous four-lot exemption (Phillips Exemption - #62-74; 4) Staff does not find circumstances or conditions of this property to be sufficient to justify waiver of the regulations. The staff recommendation is for denial of the requested waiver from the adopted Minor Residential Development criteria for the Vienna Minor Residential Development appeal.

Gary Vienna and his daughter-in-law Stephanie Hartzel addressed the Board and stated that they wish to divide the property to build a home for Stephanie and her husband; she described why, in their opinion, the subdivision process is excessive in regulations and cost. Ms. Hartzel expressed concern that they only want to put up a single family home and if they have to sell the property because of economics to someone else, those persons might divide the property into six one-acre parcels. Ms. Hartzel noted that in Weld County they have a clause that allows division of property for family members and asked why Larimer County doesn't do the same; she noted they are willing to comply with the MRD regulations.

Commissioner Disney stated that he is concerned about setting a precedent if this appeal is approved as there are a number of old MRD's in this area, which might come forward with similar requests, and he also noted that there is no public benefit to be derived. Mr. Helmick stated that under the new PLUS Code, which is expected to be adopted in December of this year, there will be a minor subdivision process, which will be longer than the MRD process, but less than the full subdivision process, and the applicants might consider going through that process when approved.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners adopt the staff recommendation and deny the Vienna Minor Residential Development Appeal (#98-EX1281).

Motion carried 2-0.

The hearing adjourned at 3:30 p.m.

TUESDAY, SEPTEMBER 22, 1998

ADMINISTRATIVE MATTERS

(#376)

The Board of County Commissioners met at 9:00 a.m. in regular session with Neil Gluckman, Assistant County Manager. Chair Olson presided and Commissioner Clarke was present; Commissioner Disney is in Tacoma, Washington attending the Building Gateway Partnerships for the 21st Century Conference. Also present were: Greg Pickett, Director of Parks; Diana Cook, Assistant County Attorney; Brenda Gimeson, Rural Land Use Center Technician; Bill Gleiforst, Engineering Traffic Services Supervisor; Ralph Jacobs, Director Human Resources; Carol Block, Director Finance; Kathy Snell, Director Health and Human Services; Donna Hart, Staff Services Manager Commissioners' Office; and Tom Clayton, CSU Fall Intern. Recording Clerk, Sherry Graves.

1. OPEN SESSION FOR PUBLIC COMMENT: The following persons addressed the Board during the open session for public comment: Victoria McCoy, Murray McMurray, and Charlotte Armstrong.

Ms. McCoy, who came to the Board last week to discuss installation of guardrails on the switch backs at CR 43, stated she has returned this week because she was asked by Tom Housewright, Glen Haven Fire Chief, to convey additional information to the Board; she submitted copies of his report regarding the wrecks on the switchbacks (County Road 43) since 1989 and she noted that it is the Colorado State Patrol, not the Sheriff's Department, that keeps a record of the accidents. Commissioner Clarke assured Ms. McCoy that the Road and Bridge Department is reviewing this site and situation.

Mr. McMurray, manager and co-owner of the McMurray Ranch, read portions of a letter dated September 9, 1998 that he received from the U. S. Department of the Interior, which indicated plans for a park to be placed right in the middle of their ranch; he noted, also, that the letter states that if he doesn't respond in 60 days, the land will become the County's and become part of the Robert's Ranch. Mr. McMurray stated that he thinks Larimer County should have informed him of this; Mr. Pickett responded that he is not familiar with this at all and will check into it and work with Mr. McMurray. Commissioner Clarke stated that discussions about the Robert's Ranch have been going on for some time and the Nature Conservancy is the major player, not the County.

Ms. Armstrong, who regularly camps at Carter Lake, asked a number of questions of Mr. Pickett and expressed a number of concerns; much discussion followed regarding the fee increase, if there is a group of citizens that had an opportunity for public input regarding the fee increase, the disproportionate number of improvements proposed for Horsetooth, the large number of campers that are not residents of Larimer County, restrictions imposed regarding the number of dogs allowed and not allowing them to be left unattended, etc. Ms. Armstrong offered a number of suggestions and noted that she likes having a host at the campground and appreciates the cleanliness. Mr. Clarke stated that he has worked for a varied lower fee for Larimer County residents; Mr. Pickett stated that they try to be fair in the way they distribute the monies for capital improvements, and he noted that the camping fee is in line with the fees charged all over the United States.

At this time, the meeting was adjourned and opened for a Public Hearing for adoption of an Ordinance Prohibiting the Possession of Cigarettes and Tobacco Products by Minors.

2. PUBLIC HEARING REGARDING ORDINANCE PROHIBITING THE POSSESSION OF CIGARETTES AND TOBACCO PRODUCTS BY MINORS: Ms. Cook stated that this Ordinance was authorized by an act of the State General Assembly which gave County Commissioners the power to adopt resolutions and ordinances prohibiting minors under the age of 18 from possessing cigarettes or tobacco products and provides for penalties and enforcement. The Board noted that similar Ordinances have been adopted by the other cities and towns in Larimer County and this Ordinance will result in consistency in Larimer County; it will go into effect in 30 days.

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners approve an Ordinance Prohibiting the Possession of Cigarettes and Tobacco Products by Minors, and authorize the Chair to sign same.

Motion carried 2 - 0.

098-01 ORDINANCE PROHIBITING THE POSSESSION OF CIGARETTES

AND TOBACCO PRODUCTS BY MINORS

At this time the Public Hearing was closed and the meeting opened for Administrative Matters in regular session.

3. APPROVAL OF MINUTES FOR WEEK OF SEPTEMBER 7 AND 14, 1998:

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners approve the Minutes for the week of September 7, 1998, as submitted.

Motion carried 2 - 0.

Approval of the Minutes for September 14, 1998 was delayed because Commissioner Disney is out of town this week and Chair Olson was attending a funeral last week during Administrative Matters.

4. APPROVAL OF SCHEDULE FOR WEEK OF SEPTEMBER 28, 1998:

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners approve the Schedule for the week of September 28, 1998, as submitted and revised.

Motion carried 2 - 0.

5. APPROVAL OF CONSENT AGENDA:

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners approve the following documents as listed on the Consent Agenda on Document Review for September 22, 1998:

PETITIONS FOR ABATEMENT AND REFUND OF TAXES, as recommended by the County Assessor, were approved for the following: Vogel Concrete; Francis & Susan Burkley; Walter & Sara Limia; OilCom Corp.; Sam & Tami Gurule; Dan and Barbara Hoskinson; Tami Schneck; Windtrail, LLC; Douglas & Cathy Markley; and Phyllis Meyer.

MISCELLANEOUS DOCUMENTS: Final Plat for Patterson Farm Rural Land Plan (formerly known as Yelek/Eaton Rural Land Plan; Request for Authorization to Refer Building Code Violation to County Attorney for Legal Services - Building Permit #96-L5623 - Building Code Violation File: BV3778; and Request for Authorization to Refer Building Code Violation to County Attorney for Legal Action - Building Permit #98-R4832A - Building Code Violation File: BV3776. LIQUOR LICENSES: County approval for renewal of liquor licenses was granted to the Fargo County Roadhouse - 6% - Fort Collins, CO. and Sol's Long Branch Saloon - 6% - LaPorte, CO. Licenses were issued to: Charco Broiler - 6% - Fort Collins, CO. and Kwik Korner - 3.2% - Berthoud, CO.

A98-153 DEVELOPMENT AGREEMENT RELATING TO DEVELOPER'S

OBLIGATIONS IN THE PATTERSON FARM RURAL LAND PLAN

(fka Yelek/Eaton Rural Land Plan) BETWEEN THE BOARD OF

COUNTY COMMISSIONERS AND SEDONA HILLS II, INC.

A98-154 STORM DRAINAGE AGREEMENT BETWEEN THE BOARD OF

COUNTY COMMISSIONERS AND WILLOWOOD CORPORATION

(Vista View Drainage Reimbursement Agreement)

C98-50 SUPPLEMENT TO CONTRACT FOR PROFESSIONAL SERVICES

BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND

FELSBURG HOLT & ULLEVIG (Transportation Plan)

R98-149s RESOLUTION REGARDING RELEASE OF WARRANTY

COLLATERAL (Valley View Estates)

R98-150s FINDINGS AND RESOLUTION APPROVING THE LAMPERT

MINOR RESIDENTIAL DEVELOPMENT APPEAL

R98-151g FINDINGS AND RESOLUTION ADOPTING THE LARIMER

COUNTY COMMERCIAL MINERAL RESOURCES PLAN

R98-152d AMENDMENT TO RESOLUTION SETTING A PUBLIC HEARING

TO ADOPT AMENDED RESOLUTION CREATING DISTRICT -

LID 1997-2 FOR LONGVIEW DRIVE

R98-153d AMENDMENT TO RESOLUTION SETTING A PUBLIC HEARING

TO ADOPT AMENDED RESOLUTION CREATING DISTRICT -

LID 1997 - 1 FOR FORT COLLINS INDUSTRIAL PARK

D98-15 QUIT-CLAIM DEED FOR LOT 2, BLOCK 2, CAPITOL HILL 2ND

IN TOWN OF BERTHOUD

Motion carried 2 - 0.

6. DOUBLING OF FINES IN SCHOOL ZONES: Mr. Gleiforst requested Board approval of a resolution establishing double penalties and surcharges for moving traffic violations within designated school zones; he noted that last April the Governor approved House Bill 98-1059 allowing state or local governments to impose double fines for moving violations within school zones under their jurisdiction. Mr. Gleiforst stated that they have had a request from the Sheriff's Office to increase the fines and the City of Fort Collins has already adopted double fines in school zones and adoption of this resolution will provide for consistency throughout the Fort Collins area.

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners approve the resolution establishing double penalties and surcharges for moving traffic violations within the designated school zones listed on Exhibit "A".

Motion carried 2 - 0.

R98-154g RESOLUTION REGARDING SCHOOL ZONES (Doubling of Fines

for Moving Traffic Violations)

7. MOTION FOR APPROVAL OF SITE APPLICATION FOR THE BOXELDER SANITATION DISTRICT:

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners approve the Site Application for the Boxelder Sanitation District, and that this approval be retro-active due to an over-sight in not approving it when presented for signature on September 15, 1998.

Motion carried 2 - 0.

8. WAIVER OF RECRUITING AND POSTING REQUIREMENTS: Mr. Jacobs requested Board approval to waive policy regarding the County's recruiting and posting requirements for a position in the Finance Department which has been occupied for two years by a temporary employee and who, by virtue of her temporary employment, is extremely well qualified to assume the regular position. Ms. Block noted that the Board authorized an Accountant I position as part of the 1998 service proposal process and Ms. Fastenau was hired initially through a competitive hiring process and she requested they be allowed to offer the position to her and waive the recruiting and posting requirements.

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners approve a waiver of the provisions of the Larimer County Personnel Policy Manual pertaining to the advertising of vacancies and the selection of applicants in order to permit the Accounting and Reporting Department to hire Ms. Jean Fastenau to fill the Accountant I position which was approved in the 1998 budget request.

Motion carried 2 - 0.

9. APPOINTMENT OF INTERIM DIRECTOR FOR THE MENTAL HEALTH CENTER: Ms. Snell requested Board approval to appoint Randolph Ratliff as Acting Director of the Mental Health Department at a salary of $58,101 (which is 20% over base salary) and a travel allowance of $270 per month. Mr. Gluckman raised a concern regarding setting a precedent if travel allowance is allowed, as many County employees live in cities or towns other than where they work; much discussion followed. Chair Olson noted that this situation is different because when Mr. Ratliff was hired initially, he was told to live in Estes Park and now the Board is asking him to drive to Fort Collins for work at least four days a week. Several options were discussed, such as increasing his base salary, offering a bonus at the end of the year, etc.

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners approve the appointment of Randolph Ratliff as Acting Director of the Mental Health Center, with an annual salary of $61,341.70 and that salary be in lieu of the amount suggested, which included a travel allowance.

Motion carried 2 - 0.

At this time Randy Ratliff came in to thank the Board and they, in turn, expressed their appreciation to him for the good work he has been doing in Estes Park.

10. WORKSESSION:

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

-- Flood of 1997: Mr. Gluckman stated that a request has been received from the Fort Collins Chamber of Commerce for a contribution to construct a gift to the community that will allow future generations to remember the tragedies, the heroic and the bravery associated with the flood of 1997; he noted that they hope to raise $50,000 and both the City of Fort Collins and the Chamber have each pledged $5,000.

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners authorize the expenditure of a $5,000 contribution for the 1997 flood memorial as a gift to the community; funds to be derived from the Commissioner's Special Projects Fund.

Motion carried 2 - 0.

-- GOCO Grant: Mr. Gluckman requested the Chair sign a letter to be sent to Great Outdoors Colorado in support of the South Bay Outdoor Recreation and Facilities Grant, which is to alleviate crowding and safety hazards at the boat ramps and improve camping facilities. CONSENSUS OF THE BOARD was to authorize the Chair to sign the letter.

-- Update on Larimer County Legislative Review Committee: Mr. Gluckman noted that next month the Board will be sharing their views on pending legislation with the Legislative Review Committee and then in November, at least two staff members from CCI will come to Larimer County and spend an afternoon with the Commissioners and the Legislative Review Committee for a frank and open discussion.

At this time Administrative Matters was adjourned and Chair Olson opened a Public Hearing for the proposed issuance of refunding revenue bonds and consideration of a resolution authorizing the sale and issuance of refunding revenue bonds.

11. PUBLIC HEARING FOR PROPOSED ISSUANCE OF REFUNDING REVENUE BONDS, LUTHERAN HEALTH SYSTEMS, SERIES 1998A-3: County Attorney George Haas, Craig Carnaroli from Merrill Lynch, Charles Harms, Administrator McKee Medical Center, and David Gibb from Lutheran Health Systems, joined the assemblage for the public hearing. Ms. Block stated that Lutheran Health Systems is requesting the County to issue refunding revenue bonds in the maximum aggregate principal amount of $7,360,000 for the purpose of: 1) Financing the cost of various equipment and remodeling improvements at McKee Medical Center and 2) Refunding the County's outstanding Health Care Facilities Refunding Revenue Bonds, Series 1988A-6; she noted that the bonds would not constitute an indebtedness of the County. The Board was requested to approve a resolution authorizing the sale and issuance of refunding revenue bonds; Mr. Haas stated he had not reviewed the resolution, but recommended the Board approve same contingent upon his review.

M O T I O N

Commissioner Clarke moved that the Board of County approve a resolution authorizing the sale and issuance of refunding revenue bonds (Lutheran Health Systems), Series 1998A-3, and authorize the Chair to sign same subject to review by the County Attorney.

Motion carried 2 - 0.

R98-155g RESOLUTION AUTHORIZING THE SALE AND ISSUANCE OF

REFUNDING REVENUE BONDS (LUTHERAN HEALTH

SYSTEMS), SERIES 1998A-3

At this time the Public Hearing was closed and the meeting re-opened for Legal Matters and the following joined the meeting: Assistant County Attorney Jeannine Haag, Director and Deputy Director of Human Services Ginny Riley and Glen Rathgeber, and Ralph Jacobs, Director Human Resources.

12. LEGAL MATTERS:

-- Mr. Hass presented the final version of the resolution for transferable density units for the Fossil Creek Reservoir Area, and requested Board approval of same.

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners approve the resolution for transferable density units for the Fossil Creek Reservoir Area, as revised, and authorize the Chair to sign same.

Motion carried 2 - 0.

R98-156g RESOLUTION FOR TRANSFERABLE DENSITY UNITS FOR THE

FOSSIL CREEK RESERVOIR AREA

-- Mr. Haas requested Board approval of a resolution implementing a "Citizens Review Board" concerning complaints about the conduct of child protection staff involved in dependency and neglect cases; he noted in January 1998, the Board approved a resolution to establish a grievance procedure, pursuant to a new Statute, for Human Services in which people that are in child protection can grieve conduct of social workers. Mr. Haas noted that this resolution has been modified to clarify effective date.

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners approve the resolution implementing a "Citizens Review Board" concerning complaints about the conduct of child protection staff involved in dependency and neglect cases, as revised, and authorize the Chair to sign same.

Motion carried 2 - 0.

R98-157g RESOLUTION OF THE LARIMER COUNTY BOARD OF

COMMISSIONERS IMPLEMENTING A "CITIZENS REVIEW

BOARD" CONCERNING COMPLAINTS ABOUT THE

CONDUCT OF CHILD PROTECTION STAFF INVOLVED IN

DEPENDENCY AND NEGLECT CASES

-- Ms. Haag requested Board approval and the Chair's signature on a contract to buy and sell real estate for the purchase of the Seaton property for $325,000.

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners approve a contract to buy and sell real estate for the purchase of the Seaton property at 2909 South Centennial Drive for $325,000, and authorize the Chair to sign same.

Motion carried 2 - 0.

C98-51 CONTRACT TO BUY AND SELL REAL ESTATE FOR PURCHASE

OF SEATON PROPERTY

-- Ms. Haag updated the Board on the Estes Park Ordinance concerning short-term rentals.

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners go into Executive Session at 10:35 a.m. to discuss a personnel matter.

Motion carried 2 - 0.

The Executive Session ended at 11:10 a.m.; no action taken.


____________________________________________

CHERYL OLSON, CHAIR LARIMER COUNTY

BOARD OF COMMISSIONERS

( S E A L )

ATTEST:

___________________________________

Sherry E. Graves, Deputy County Clerk