> Meetings & Minutes > 1998 Minutes

PROCEEDINGS OF THE BOARD OF COUNTY COMMISSIONERS

MONDAY, NOVEMBER 16, 1998

LAND-USE PLANNING MEETING

(#395)

The Board of County Commissioners met at 3:00 p.m. in regular session with Larry Timm, Director of Planning. Chair Olson presided and Commissioners Clarke and Disney were present. Also present were: Sean Wheeler, Planner I; Rex Burns, Project Engineer; and Jeannine Haag, Assistant County Attorney. Recording Clerk, Sherry Graves.

Chair Olson noted that the following are consent items and will not be discussed in detail unless requested by the Commissioners or members of the audience.

1. TAFT CANYON PLANNED UNIT DEVELOPMENT, 2ND FILING,

LOT 94, BLOCK 5, EASEMENT VACATION (#98-S1313):

33-07-69 - SOUTH SIDE OF CR 38E, ALONG WELLINGTON DRIVE

IN THE TAFT CANYON PUD; 1 LOT; R-RESIDENTIAL ZONING

This is a request to vacate a 16' utility and drainage easement along the southeast rear lot line. Staff findings include: 1) The proposed easement vacation is in compliance with the Larimer County Master Plan, the Larimer County Zoning Resolution, and the Larimer County Subdivision Resolution; 2) The easement vacation is compatible with other development in the surrounding area; 3) Approval of the easement vacation 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 easement vacation along the rear of Lot 94, Block 5, Taft Canyon PUD 2nd Filing, not to include any portion of the existing side yard or front yard easements.

2. LINDEN RIDGE 1ST FILING, LOTS 5 & 6 EASEMENT VACATION

(#98-S1315): 11-07-68 - SOUTH SIDE OF CR 48 (EAST VINE DRIVE)

ON LINDEN VIEW DRIVE; 2 LOTS; R-RESIDENTIAL ZONING

This is a request to vacate the entire length of a 60' access easement between Lots 5 & 6 of the Linden Ridge 1st Filing Subdivision. Staff findings are: 1) The proposed easement vacation is in compliance with the Larimer County Master Plan, the Larimer County Zoning Resolution, and the Larimer County Subdivision Resolution; 2) The easement vacation is compatible with other development in the surrounding area; 3) Approval of the easement vacation 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 60' access easement vacation along the common lot line of Lots 5 & 6, Linden Ridge Subdivision First Filing.

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners adopt the staff findings and staff recommendations and approve the Taft Canyon Planned Unit Development 2nd Filing, Lot 94, Block 5 Easement Vacation (#98-S1313) and the Linden Ridge 1st Filing, Lots 5 & 6 Easement Vacation (#98-S1315).

Motion carried 3-0.

The hearing adjourned at 3:05 p.m.

TUESDAY, NOVEMBER 17, 1998

ADMINISTRATIVE MATTERS

(#395 @ 100 & #398)

The Board of County Commissioners met at 9:00 a.m. in regular session with Frank Lancaster, County Manager. Chair Olson presided and Commissioners Clarke and Disney were present. Also present were: Mark Peterson, County Engineer; Lisa Dunn, Project Engineer; Jim Reidhead, Director Rural Land Use Center; Ralph Jacobs, Director Human Resources; Janelle Henderson, Director Natural Resources; John Kammerzell, Undersheriff; Donna Hart, Staff Services Manager Commissioners' Office; Deni LaRue, Community Information Manager; and Tom Clayton, CSU Fall Intern. Recording Clerk, Sherry Graves.

1. OPEN SESSION FOR PUBLIC COMMENT: Kelly Ohlson encouraged the Board to impose rules during the hearings on the Partnership Land Use System (PLUS) Code because during the Planning Commission hearings on the Code he has witnessed name calling, intimidating, shouting, clapping, etc. The Board concurred with his suggestion; much discussion followed and it was noted that most of the anger is due to misinformation about the new Code. Mr. Ohlson also expressed his concern that the Chairman instructed staff to research how much it would cost to mail everyone living outside the city limits or in the UGA regarding land-use items and, in his opinion, that same notification should be sent to all citizens in the cities and towns as well. The Board thanked Mr. Ohlson for his suggestions and asked him to let them know of any rumors he hears about the Code so they may respond to them. The Board expressed their disappointment about the Resolution the Republican Party adopted last night in opposition to the new Code and the fact that they were not invited to speak to the group nor given the opportunity to explain the Code before the Party took their position.

2. APPROVAL OF MINUTES FOR WEEK OF NOVEMBER 9, 1998:

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the Minutes for the week of November 9, 1998, as submitted.

Motion carried 3-0.

3. APPROVAL OF SCHEDULE FOR WEEK OF NOVEMBER 23, 1998:

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners approve the Schedule for the week of November 23, 1998, as submitted and revised.

Motion carried 3-0.

4. APPROVAL OF CONSENT AGENDA:

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the following documents, appointments/reappointments and waivers of term limits as listed on the Consent Agenda for Document Review on November 17, 1998:

FAIR BOARD APPOINTMENTS AND REAPPOINTMENTS: Myrna Rodenberger and Bob Starman, each appointed for a 3-year term beginning December 1, 1998 and expiring November 30, 2001. Reappointment and waiver of term limit for John Cheney, Kathie Troudt Riley, and Danny Davis, each for a 3-year term beginning December 1, 1998 and expiring November 30, 2001 and reappointment and waiver of term limit for Phil Hein for a 1-year term expiring November 30, 1999.

LARIMER REVOLVING LOAN FUND COMMITTEE/REAPPOINTMENT: Reappointment and waiver of term limit for Ron Schneider for a 3-year term beginning January 1, 1999 and expiring December 31, 2001.

PETITIONS FOR ABATEMENT AND REFUND OF TAXES, as recommended by the County Assessor, were approved for the following: Bar D Ventures/Barbara & David Hawes; Accurate Tooling Concepts; B W 3 Sports Café; Dan Smith; Harry & Elvera Frank; Rocky Mountain Investors Aurora Park, Inc. (2 Petitions); William & Mary E. Wall; David & Catherine Clarkson; Steve Schultz & Dorothea Boettcher; Steve Schroeder; Colorado State University Research Foundation; Gary Witmer & Vicky Lynn Ellis; and W. Dean Smith (24 Petitions).

LIQUOR LICENSES: Licenses were issued to: Fort Collins Country Club - 6% - Fort Collins, CO.; Red Feather Liquors - 6% - Red Feather, CO.; and Sun Deck Restaurant - 6% - Estes Park, Colorado.

A97-172 HUMANE SOCIETY AGREEMENT BETWEEN THE BOARD OF

COUNTY COMMISSIONERS AND THE LARIMER COUNTY

HUMANE SOCIETY (Provision of animal treatment and control

within incorporated areas of Larimer County)

A97-173 PROFESSIONAL SERVICES AGREEMENT BETWEEN THE

BOARD OF COUNTY COMMISSIONERS AND DR. BETH

O'BRIEN (Provision of Educational Training for Informational Services)

C98-66 FUNDING CHANGE LETTER TO INTERGOVERNMENTAL

CONTRACT DATED JULY 1, 1997 BETWEEN THE BOARD OF

COUNTY COMMISSIONERS AND COLORADO DEPARTMENT

OF LABOR AND EMPLOYMENT

Motion carried 3-0.

5. FIRST READING OF ORDINANCE ON GREEN ACRES SUBDIVISION: Ms. Dunn requested Board approval of the first reading of an Ordinance for the Imposition and Collection of Assessments in Green Acres Subdivision; she noted that the Ordinance in its present form has been approved by the County Attorney and the Public Hearing for adoption of this Ordinance will be at 7 p.m. on December 8, 1998.

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners approve the first reading of the Ordinance for the Imposition and Collection of Assessments in Green Acres Subdivision.

Motion carried 3-0.

6. REQUEST FOR VARIANCE ON BLUFFS AT PREGEL FARM AND APPROVAL OF FINAL PLAT: Mr. Reidhead requested Board approval of a variance for an additional drainage study of an off-site drainage analysis, which Engineering is requesting, for the Bluffs at Pregel's Farm Final Rural Land Plan. Mr. Reidhead stated that the developers are requesting that the existing storm drainage assessment which they have completed be acceptable and that the plat be approved, as they want to keep the project moving. Ray Petersburg, the developer, stated that he believes they have gone above and beyond what normally would be required in a project and he thinks the issues brought up in the letter from Mr. Peterson are minuscule; he reviewed the drainage map and plan with the Board and he thinks what is being asked is out of line. Mr. Peterson stated that the main question he asked is if any one has looked at the off-site drainage issues and if the ditch company has been made aware of additional contributions of flow; he stated that he wants assurance that the magnitude of the off-site flows won't cause problems later. Rob Persichitte, Drainage Engineer, agrees with Mr. Petersburg that the impact will be minimal on the site; he noted that the west side of the property won't be developed and stated that Handy Ditch accepts additional flows into their system. Mr. Peterson stated that he is only asking for a letter from the Handy Ditch Company acknowledging that they are accepting flows into their system. Commissioner Clarke concurred that they need to ask the ditch company because this development will change the rules for them. Chair Olson stated that the County has to have an understanding with the ditch company. Commissioner Disney stated that allowing this to proceed without assurance from the ditch company, could set a precedent for the future. Mr. Petersburg stated that this matter was referred to the ditch company, but they did not respond. Commissioner Disney suggested that Mr. Reidhead or Mr. Peterson contact the ditch company and ask if their lack of response was an oversight or a sign of acquiesce. Mr. Reidhead stated that the referral letter they send out, as approved by the County Attorney's Office, states that if it is not answered within a certain amount of time, it means the referral agency has no concerns. Mr. Petersburg asked the Board if they would consider approving this today so they can proceed, with the condition that if the Handy Ditch doesn't approve this then he will work with Mr. Peterson in developing a detention basin satisfactory to him; the Board concurred with the request and noted that this will be a condition stated on the plat. There was discussion regarding that in the future, the referral letter should be certified so we know the letter was received; Chair Olson stated that this should also be discussed with the Director of Planning as well as the Rural Land Use Center.

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners approve the Bluff's at Pregel's Farm Final Rural Land Plan, with the condition that the staff notify the Handy Ditch Company to make sure they understand that additional flows will be coming into their system from this project to insure that they have no problem with that, the applicant's Engineer will provide the County with some information with regard to off-site drainage impacts, which will be a condition of approval of the Final Plat. If objections are received from the Handy Ditch, the applicant will work out an acceptable alternative on-site drainage solution .

Motion carried 3-0.

A98-174 DEVELOPMENT AGREEMENT AND SUBDIVISION

IMPROVEMENTS AGREEMENT RELATING TO DEVELOPER'S

OBLIGATIONS IN THE BLUFFA AT PREGEL'S FARM

RURAL LAND PLAN (fka Petersburg Farm Rural Land Plan)

7. REQUEST FOR WAIVER OF OVERTIME PAY POLICY: Mr. Jacobs requested Board approval of a waiver of the County's overtime policy to deal with an unusual situation in the Mental Health Department. Mr. Jacobs continued that as several vacancies have occurred at the top level in the Mental Health Department, Ms. Nancy Griffith-Conklin assisted in preparing the 1999 budget in addition to working in her regular job; he noted that the request is to pay Ms. Griffith-Conklin 51 hours at the overtime rate.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the request for a waiver of the provisions of the Larimer County Personnel Policy Manual pertaining to overtime in order to pay an overtime rate to Ms. Griffith-Conklin for the entire 51 hours she spent working on the Mental Health Center budget.

Motion carried 3-0.

8. UPDATE ON SOLID WASTE TASK FORCE: Ms. Henderson discussed the recommendations submitted by the Solid Waste Task Force which were made following their review of options for replacing the current landfill when it reaches design capacity in 2005 or 2006; she noted that the Task Force will finalize their recommendations and prepare a written report by January 1999. Ms. Henderson stated that the Task Force is wondering if approval of these recommendations fulfills their mission or if the Board wants them to continue either as the existing Task Force or as a smaller new group. Ms. Henderson noted that the Task Force has agreed that vertical expansion of the existing landfill is the best option and they also suggested continuing to look for land to purchase for a landfill in the future. After discussion of the continuance of the Task Force, Chair Olson stated that their mission is done, but she suggested they be brought back later, but as a smaller group.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the recommendations made by the Solid Waste Task Force, pending their final report and a recommendation from Ms. Henderson as to how a future Task Force might be organized and commissioned.

Motion carried 3-0.

9. RECLASSIFICATION OF POSITION 17010 IN THE SHERIFF'S DEPARTMENT FROM ½ TIME TO FULL TIME: Undersheriff Kammerzell requested Board approval to reclassify position 117010 from a half-time Emergency Communications Operator to a full-time Sheriff's Services Technician in order to reassign staff to deal with the increasing clerical duties in the Civil Unit of the Sheriff's Office. Much discussion of the request and funding source ensued; it was noted that the difference in pay would be $320 per month. Mr. Kammerzell stated that they anticipated that this difference in pay could be derived from vacancy savings; he noted that this section contributes approximately $86,000 annually to their revenue and this classification should increase the capability to bring in more revenue. It was noted that the services provided in the Civil Unit are required by Statute and are costing the County additional monies; Mr. Lancaster suggested that next year the Legislature should be approached about additional funding for these services. The Board decided that additional revenues generated will cover part of the additional salary for this year and Mr. Lancaster will determine the source for the remainder of funding needed.

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners approve the reclassification of position 17010 in the Sheriff's Department from ½ time to full time, as requested.

Motion carried 3-0.

10. WORKSESSION:

-- Resolution for "American Buckles up Children Week": Chair Olson asked her colleagues about adopting a resolution next week for "America Buckles up Children Week", as requested by Bill Eckridge from the Sheriff's Department; the Board concurred with the request.

-- Environmental Stewardship Awards: Mr. Lancaster stated that if the Board has any comments about the Environmental Stewardship Awards, they should direct them to Doug Ryan, Environmental Health Planner.

-- I-25 Corridor Plan Concept Team Memo: Mr. Lancaster distributed a memo from the Regional Managers Group for the Board to review regarding a draft Request for Proposal for the development of a Regional Corridor Study for I-25, extending from the Boulder/Larimer County line north to Wellington. The Board reviewed the memo and list of questions and the request for a commitment of $5,000 to hire a grant person to prepare an application for a GOCO grant; the memo requested a response by November 19, 1998. After much discussion, the Board decided not to participate at this time as the memo was received so late and as there are other land-use plans being formulated at this time, it seems like a duplication of effort. At this time, Mr. Timm was called to the meeting and asked his opinion; he stated that the design guidelines and access control could be used in conjunction with development along I-25 and would supplement what the transportation study committee is doing and not duplicate. Mr. Timm stated that there is merit in doing it together so it doesn't all fall on Larimer County. Mr. Lancaster will talk to Brian Moeck, Loveland City Manager, about the Board's decision so he can be the Board's spokesman at the Regional Managers Group meeting on November 19, 1998, since the Board cannot attend. Commissioner Disney stated that he is not opposed to the concept of this, but his question is timing with regard to the ongoing $2 million Transportation Alternatives Feasibility Study.

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

11. COMMISSIONER REPORTS:

-- Commissioner Disney submitted copies for the Board to review of a booklet entitled "North Front Range in Motion" regarding the North Front Range Transportation Alternatives Feasibility Study.

At this time, County Attorney George Hass and Assistant County Attorneys Jeannine Haag and Bryan Treu joined the meeting for legal matters.

12. LEGAL MATTERS:

-- Mr. Hass requested the paperwork he submitted for Chair Olson's signature yesterday concerning authorization and ratification of Chair Olson's signature on documents regarding "Refunding Revenue Bonds (Lutheran Health Systems) Series 1998A-3.

R98-180g RESOLUTION AUTHORIZING AND RATIFYING SIGNATURES

REFUNDING REVENUE BONDS (LUTHERAN HEALTH

SYSTEMS) SERIES 1998A-3

-- Ms. Haag informed the Board that, at the request of Judge John David Sullivan, their office was asked to look into some possible criminal sanctions for people who violate security and whether or not they can be cited for contempt; she noted that they looked into this and there is a Statute that applies and they can prosecute. Mr. Treu has talked to the District Attorney about this matter and Statute requires that in order to do this, the Board needs to adopt a resolution with some rules and regulations for security, which they have drafted and will bring back to the Board in two weeks for adoption.

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners go into Executive Session at 11:25 a.m. to obtain legal advice.

Motion carried 3-0.

The Executive Session ended at 11:45; 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