County Offices and Courts will be closed on Monday, February 15, 2016 in observance of the President's Day Holiday. The Landfill will be open. Critical services at Larimer County are not disrupted by closures.
PROCEEDINGS OF THE BOARD OF COUNTY COMMISSIONERS MONDAY, MARCH 22, 1993 SUBDIVISIONS (#184) The Board of County Commissioners met at 9:00 a.m. in regular session with John Barnett, Director of Planning. Chairman Hotchkiss presided, Commissioners Disney and Duvall were present. Also present were: Al Kadera, Subdivision Administrator; Elaine Spencer, Director of General Engineering Services; Jerry Blehm, Environmental Health; and Jeannine Haag, Assistant County Attorney. Recording Clerk, S. Graves. Mr. Barnett noted that the Sunship Planned Unit Development Final Plat Addendum has been removed from today's agenda and will be heard at a later date. 1. MIZER MINOR RESIDENTIAL DEVELOPMENT AND REZONING (#92-MS0185): NW 1/4 29-05-72; NORTH SIDE OF US HIGHWAY 34, NORTH OF THE INTERSECTION OF US HIGHWAY 34 AND MALL ROAD; 3.64 ACRES; 2 LOTS; B-BUSINESS ZONING EXISTING (3-22-93) This is a request for Minor Residential Development and Rezoning - to rezone from B-Business to A-Accommodations and to divide the property into three tracts, one for the existing lodge and two for single family dwellings. Mr. Kadera noted that the only deviation from the usual conditions is Staff's suggestion for a reservation of a right-of-way instead of dedication, which would eliminate most of the parking lot in front of the lodge. With the reservation, when it is time to widen Highway 34, the State Highway Department will need to negotiate with the property owner to make provision for adequate parking for the lodge. Mr. Mizer, applicant, addressed the Board and is in agreement with the conditions outlined by Staff. Mr. Gary Coleman, adjacent property owner, requested it be noted in the minutes that his property is zoned B-Business and sometime in the future, they will probably try to develop the site. Staff Findings include: 1) The proposed rezoning will allow the existing lodge to continue to operate while protecting the adjacent residential area from additional commercial development; 2) The proposed Minor Residential Development is an appropriate means of developing this site given the limited potential for residential sites; 3) The proposed residential lots are consistent with existing development in the immediate area; 4) Approval of the proposed rezoning will not result in any significant negative impacts on surrounding properties, utility services, transportation facilities or the natural environment; 5) Mizer Minor Residential Development was submitted prior to the February 1, 1993 Amendedment to the Minor Residential Development procedures. The Staff/Planning Commissioner Recommendations are for Approval of the rezoning of this site from B-Business to A-Accommodations, and Approval of the Mizer Minor Residential Development with the following conditions: 1) The approval of the Minor Residential Development is null and void if the rezoning of the site to A-Accommodations is denied; 2) The Final Plat of the Mizer Minor Residential Development shall be completed in strict conformance with the plan submitted for this hearing, including all notes, except as modified below; 3) The Final Plat shall include a reservation of right-of-way for the future widening of Highway 34. A half right-of-way of 75 feet shall be provided except directly in front of the Olympus Lodge where the half right-of-way shall be 70 feet to protect the existing structure; 4) Any improvements necessary to improve roads or extend utilities shall be included in a Subdivision Improvements Agreement. These improvements shall be guaranteed by posting appropriate collateral as required by the Collateral Policy; 5) A note concerning engineered foundation plans shall be added to the Final Plat; 6) Easements needed by utility companies shall be included on the Final Plat. The building envelope on Tract B shall be amended to avoid the existing overhead power line and to provide an appropriate setback from the existing access road; 7) The applicant shall address the comments of the Division of Wildlife before the Final Plat is recorded. This can be accomplished by adding appropriate notes to the Final Plat or recording protective covenants to address the wildlife concerns; 8) The applicant shall address future road maintenance by adding a note to the Final Plat or recording homeowners documents to require that the owners of Tracts A and B participate in any program to maintain the road in this area; 9) The County Zoning Administrator notes that uses on tracts A and B shall be limited to single family dwellings. A note should appear on the Final Plat concerning this condition. Setbacks should also be noted on Tract A to avoid any confusion when a building permit is requested. M O T I O N Commissioner Disney moved that the Board adopt the Staff Findings and Staff/Planning Commission Recommendations and approve the Mizer Minor Residential Development and Rezoning (#92-MS0185), with the conditions as outlined. Motion carried 3 - 0. WORKSESSION ITEM: Mr. Barnett expanded on the implications of House Bill 1323 and Mr. Graves' intentions to develop a large tract of land. A large portion of the land would be set aside in permanent open space and a small portion of the land developed at a very low-impact level. Mr. Barnett stated the concept is good, but needs some work. However, HB 1323 could open the door to some real abuses and lead to lack of control of rural land use. The request today is for the Board to direct Mr. Barnett to work with Mr. Graves on this concept to determine if there is some way this can work so the precedent set will be positive for the County in managing rural land use. Mr. Barnett said this is a chance to do some innovative high-quality development which will benefit other parcels in the County as well as this one. Chairman Hotchkiss asked if the land could be developed under the existing P.U.D. regulations; Mr. Barnett stated that the P.U.D. regulations are designed for urban development and a number of variances would need to be granted for this type of development. Mr. Barnett stated we need to respond to the needs of the landowner, but we don't want to create another monster. There is a need to come up with a way to develop agriculture and rural land which makes more sense and yet maintain agricultural use as much as possible. CONSENSUS OF THE BOARD was to direct Mr. Barnett to work with Mr. Graves in developing a proposal for the Board to consider. The meeting recessed at 9:35 a.m. MEETING REGARDING FRONT RANGE HIGH SPEED RAIL SYSTEM (#186) The Board of County Commissioners reconvened at 1:30 p.m. in regular session with John Peacock, Challenge Fort Collins Representative. Chairman Hotchkiss presided; Commissioners Disney and Duvall were present. Also present were: Rex Smith, Director of Public Works; Elaine Spencer, Director of General Engineering Services; John Barnett, Director of Planning; and Wayne Lawler, Acting County Administrator. Recording Clerk, S. Graves. Mr. Peacock presented a slide show outlining the conceptual idea of a high-speed rail system to Denver and the new International Airport. The rail system would haul freight as well as passengers, would make use of existing tracks, and be planned in three phases; the rail system would be expanded to Cheyenne, Laramie, and Pueblo, and eventually into Canada and Mexico. The purpose of today's meeting was mainly to inform the Board about this rail system; but Mr. Peacock did request the Board write a letter of endorsement for the rail system to Dr. Ray Chamberlain, Colorado Department of Transportation Executive Director. Chairman Hotchkiss indicated the Board will meet with Dr. Chamberlain and discuss this high-speed rail system further. The meeting adjourned at 2:20 p.m. TUESDAY, MARCH 23, 1993 HEALTH DEPARTMENT QUARTERLY MEETING (#187) The Board of County Commissioners met at 9:30 a.m. in regular session with Dr. Adrienne LeBailly, Director of Health Department. Chairman Hotchkiss presided; Commissioners Disney and Duvall were present. Recording Clerk, S. Graves. Dr. LeBailly provided a ten-minute video presentation of services provided by the Health Department. Dr. LeBailly informed the Board that April 12-16, 1993 is Colorado Public Health Week and noted that Dr. Joycelyn Elders, Surgeon General-designate, will be speaking in Denver on April 16 at the Museum of Natural History, and invited to Board to attend. Dr. LeBailly asked the Board if they would like a quarterly budget report; Chairman Hotchkiss stated, "If there are problems with the budget, we will discuss them". Dr. LeBailly stated the only current problem is the uncertainty of how Amendment #1 will affect the Department. Dr. LeBailly described two bills before the Legislature which might have an impact on the Health Department. Dr. LeBailly described a grant received from the Robert Wood Johnson Foundation which will allow the tracking of all immunizations given to pre-school children and reported that full cooperation has been received from every physician, clinic, and health-care provider in Larimer County received to report every immunization given. Dr. LeBailly stated that 18 food-training sessions were held last year for the food managers in Larimer County, the emphasis being on education rather than regulation. Dr. LeBailly reported to the Board that the Rocky Mountain Poison Control Center in Denver provides a service covering the entire State of Colorado; in 1991, 2800 calls were taken from Larimer County residents, and this service is largely financed by the citizens of Denver. Dr. LeBailly noted that our fair share for this number of calls would be $38,000. The Poison Control Center is in financial trouble and cannot afford to provide this service any longer for those that do not pay. Dr. LeBailly is going to approach the E911 Board proposing that if 5 cents a month could be added to phone bills, this service could be continued in Larimer County. Dr. LeBailly requested the Board to indicate their support to the E911 Board for this proposal. The meeting recessed at 10:35 a.m. HUMAN DEVELOPMENT QUARTERLY MEETING (#188) The Board of County Commissioners reconvened at 10:40 a.m. in regular session with Rena Mackrill, Director of Human Development. Chairman Hotchkiss presided; Commissioners Disney and Duvall were present. Also present were: Lyn Thor, Nutrition Program Director; Shelly McGraw, Office on Aging Director; Elizabeth Kelly, Long-Term Care Ombudsman Director; Carol Gillespie, Director Community Programming; Joannie Schlueter, Administrative Services Director; and Wayne Buhlig, Weatherization Director. Recording Clerk, S. Graves. Each of the following persons provided an overview of their respective departments: LYNN THOR - SENIOR CHUCKWAGON PROGRAM: This Program is part of the National Network of Nutrition Programs for the Elderly funded under the Older Americans Act. Senior Chuckwagon is operated with 6.4 FTE's and 400 senior volunteers, 79,354 meals were served last year in Larimer County. Ms. Thor noted that Senior Chuckwagon is operating out of a sub-standard kitchen and is looking for a relocation site. With the prospect of new construction money coming into the State, they are considering three alternative sites for a new kitchen: 1) City of Fort Collins Senior Center; 2) Sheriff's Department future needs; 3) Front Range Community College. SHELLEY MCGRAW - OFFICE ON AGING: The main function of the Office on Aging is to provide services to seniors over the age of 60, targeting the low-income and socially deprived. This year funds have been allocated for Elder Abuse and they are working with the Adult Protection Team to hold an Elder Abuse Symposium. Another new area being developed is Disease Prevention and Health Promotion, for provision of funds to assist in areas not covered by Medicare. Ms. McGraw noted that their main concern is that Title I allocations have been reduced by $39,000 and they are still waiting to see how Amendment #1 will affect the Office on Aging. ELIZABETH KELLY - LONG-TERM CARE: Ms. Kelly noted that the Ombudsman Program is primarily focused on providing advocacy and remediation for seniors who are in long-term care facilities. The primary role is to intervene on behalf of the individual; they are striving to increase their visibility and interaction in the board-and-care homes. Ms. Kelly noted that the majority of the individuals in rest homes are on Medicaid. CAROL GILLESPIE - COMMUNITY PROGRAMMING: Ms. Gillespie noted that the Office of Community Development has a broader program design because their funding is not tied to a particular area. Their Mission is to empower people, including clients, volunteers, concerned citizens, and staff to reach, with dignity, their highest level of human potential by enhancing self-esteem, freedom of choice, community investment, and self-sufficiency. Ms. Gillespie described the various activites of Community Programming and noted that only 4% of their funding is derived from County dollars. WAYNE BUHLIG - WEATHERIZATION: Mr. Buhlig stated the major emphasis of the Weatherization Program is on energy conservation, but rehabilitation is also included. They have a budget of $1,046,208 for disbursement in Larimer and Weld Counties. A client must be at 125% of poverty level to qualify for the program. Based on the 1990 census, 441,060 persons in Larimer Counties qualified in this low-income bracket. Mr. Buhlig noted that 491 homes are scheduled for weatherization in 1993. JOANNIE SCHLUETER - ADMINISTRATIVE SERVICES: Ms. Schlueter and Staff are responsible for the budgeting, accounting, contract writing and reviewing, grant recording, information management work, financial information for program staff, and payroll. Ms. Schlueter outlined the Human Resource Program, funded by the City of Fort Collins, Loveland, and the Board of County Commissioners, and the Senior Tax Write-Off Program. Ms. Mackrill expressed her pride in the Human Development Department and in all of their accomplishments. The meeting adjourned at 11:35 a.m. WEDNESDAY, MARCH 25, 1993 ADMINISTRATIVE MATTERS (#184 @ 1800) The Board of County Commissioners met at 9:30 a.m. in regular session with Wayne Lawler, Acting County Administrator. Chairman Hotchkiss presided; Commissioners Disney and Duvall were present. Also present were: Patty Arnett, Health Department Business Manager; Richard Shockley, Sheriff; Captain Gary Darling, Sheriff's Department Operations Division. Recording Clerk, S. Graves. 1. REQUEST FOR APPROVAL OF THE AMERICAN STOP SMOKING INTERVENTION STUDY (ASSIST) PROJECT GRANT APPLICATION PROPOSAL: Ms. Arnett requested Board approval and the Chairman's signature on a grant application for the American Stop Smoking Invervention Study Project; the proposal requests funding ($35,000) for the first year of a five-year plan and requires the addition of a 3/4 time Health Educator. If the grant is accepted by the Colorado Department of Health, it will be incorporated in the statewide plan for submission to the National Cancer Institute. Ms. Arnett stated that no County match is required, all indirect costs will be covered, and if the grant funding is discontinued, the program and staffing will also cease. M O T I O N Commissioner Disney moved that the Board approve the grant application for the American Stop Smoking Intervention Study (Assist) Project, as requested by Ms. Arnett. Motion carried 3 - 0. 2. COURTHOUSE SECURITY - BID RESULTS: Mr. Lawler informed the Board that two bids have been received for the contractual services for courthouse security. An analysis of the bids indicates that the Wackenhut Corporation met all the requirements and is the low bidder (approximately $50,000). This is a three-year lease purchase and then Larimer County will own the magnascanner. The previous Board set aside $80,000 in th 1993 Sheriff's budget for this expenditure and supervision of this service will be with the Sheriff's Department. Mr. Lawler is requesting Board authorization to accept this bid. M O T I O N Commissioner Disney moved that the Board approve the acceptance of the Wackenhut Corporation bid for courthouse security. Motion carried 3 - 0. 3. APPOINTMENT BY MUTUAL AGREEMENT BY THE CITY OF FORT COLLINS AND THE BOARD OF COUNTY COMMISSIONERS TO THE LARIMER COUNTY URBAN GROWTH AREA REVIEW BOARD: M O T I O N Commissioner Disney moved that the Board of County Commissioners reappoint Ralph Waldo and appoint Karen Harder to the Larimer County Urban Growth Area Review Board, each for 3-year terms ending December 31, 1995, as recommended by Resolution adopted by the City of Fort Collins on March 16, 1993. Motion carried 3 - 0. 4. EARTH DAY EVENT PARTICIPATION: Mr. Lawler noted that the City of Fort Collins is proposing that Larimer County, the City, and Colorado State University participate in a carpooling incentive program again this year during Earth Week - April 19-23. There will be a challenge and prizes donated by the City. CONSENSUS OF THE BOARD was that Larimer County Employees will be encouraged to participate in this carpooling incentive program. 5. APPOINTMENT OF THE COUNTY'S LIAISON TO THE FORT COLLINS COMMISSION ON THE STATUS OF WOMEN: M O T I O N Commissioner Duvall moved that the Board appoint Sue Cottingham to serve as Larimer County's Liaison to the Fort Collins Commission on the Status of Women, and proposed that a letter of appreciation be sent to Bobby Cullor, Administrative Assistant to the Assessor, thanking her for serving in this position for the past two years. Motion carried 3 - 0. 6. WORKSESSION: -- Employee Meeting - April 14, 1993: After conversing with Frank Lancaster, Director of Natural Resources, regarding the Employee Meeting, scheduled for 4:30 p.m. on April 14, and becoming cognizant that employees working a distance from the Courthouse cannot attend this meeting, Commissioner Disney recommended that a second meeting be scheduled. CONSENSUS OF THE BOARD was to schedule a second Employee Meeting on April 14 at 6:00 p.m., pending availability of the City Council Chambers for the extra time. -- Request for Health Care Forum: The Board has been asked to co-sponsor a forum on health care and access to health care for low-income persons on Saturday, May 1, 1993 at St. Elizabeth Seton Church from 8:45 a.m. until Noon. CONSENSUS OF THE BOARD was to agree to be co-sponsors for the Health Care Forum on May 1, 1993. -- Report on Meeting for 90-Day Money: Commissioner Duvall reported that a meeting will be held May 1st or 2nd, as soon as Don Sandoval returns, to determine what needs to be done to become the recipient of the 90-day money soon to be appropriated for construction projects in Colorado. -- Information Item: Commissioner Duvall stated a meeting will be held Monday, March 29, 1993 at 9:00 a.m. with citizens and staff to explore options to create a new process regarding appointments to Boards and Commissions. Chairman Hotchkiss recommended the group also discuss the problem of how to get more people to apply for these Boards and Commissions. 7. DOCUMENT REVIEW: The following documents, of a routine nature, were considered by the Board: M O T I O N Commissioner Disney moved that the Board approve the Minutes for the week of March 15, 1993, and the Agenda for the week of March 29, 1993, as submitted. Motion carried 3 - 0. M O T I O N Commissioner Disney moved that the Board approve Petitions for Abatement for Thomas Dinkel; Pearleen Morrison, Southglen Apts. (11); and Lamplighter Motel; as recommended by the County Assessor, Steve Miller. Motion carried 3 - 0. LIQUOR LICENSES: County Approval was granted to The Landings Resort Restaurant and Beach Club - 6% - Fort Collins, CO. M O T I O N Commissioner Disney moved that the Board approve the following documents: A93-43 AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND HEALTHY BEGINNINGS (Program for Uninsured and Under-Insured Pregnant Women in Southern Larimer County) A93-44 AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND LOVELAND, BERTHOUD, ESTES PARK BRANCH NMSS, COLORADO CHAPTER (Services for Residents with Multiple Sclerosis) A93-45 AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE FORT COLLINS BRANCH NMSS, COLORADO CHAPTER (Comprehensive Services for Multiple Sclerosis Patients) A93-46 AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND RESPITE CARE (Day and Night Relief to Families of Handicapped Children) A93-47 AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND TRANSITION SERVICES (Job Screening, Coaching, and Placement for Disabled Workers, Etc.) A93-48 AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND CRISIS AND INFORMATION HELPLINE (24-Hour Telephone Service for Crisis Intervention, Counseling, Lawyer & Therapist Referral, Etc.) A93-49 AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND NEIGHBOR TO NEIGHBOR (Comprehensive Housing Counseling and Assistance in Acquiring & Maintaining Affordable Housing) A93-50 AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND DISABLED RESOURCE SERVICES (Employment Assistance Program) A93-51 LIBRARY SERVICES AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE CITY OF FORT COLLINS A93-52 LIBRARY SERVICES AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE TOWN OF BERTHOUD A93-53 AGREEMENT CONCERNING RODEO ACT(S) BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND BEUTLER AND GAYLORD RODEO CO., INC. (Provision of PRCA Rodeo Stock for 1993 Larimer Co. Fair) C93-20 CONTRACT FOR PROFESSIONAL/TECHNICAL SERVICES BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND CHEN NORTHERN, INC., (Geotechnical Professional Services) R93-42s RESOLUTION REGARDING THE RELEASE OF RESTRICTION ON SALE OF LOTS (Zollner Minor Residential Development) Motion carried 3 - 0. The meeting recessed at 10:15 a.m. LEGAL MATTERS (#186 @ 3130) The Board of County Commissioners reconvened at 10:30 a.m. in regular session with George Hass, County Attorney. Chairman Hotchkiss presided; Commissioners Disney and Duvall were present. Also present were Jeannine Haag, Assistant County Attorney; Russ Legg, Development Processing Administrator; Rex Burns, Special Improvement District Administrator; and Wayne Lawler, Acting County Adminsitrator. Recording Clerk, S. Graves. 1. Mr. Hass conducted a mock liquor license hearing to review procedure for Commissioners Disney and Duvall. 2. Ms. Haag requested Board approval of a Subdivision Improvement Agreement for Ptmarigan Subdivision when a disparity in numbers in the addendum are resolved. M O T I O N Commissioner Duvall moved that the Board approve the Subdivision Improvement Agreement for Ptarmigan, and authorized the Chairman to sign same, upon approval by the Assistant County Attorney, Ms. Haag. Motion carried 3 - 0. M O T I O N Commissioner Disney moved that the Board go into Executive Session to discuss a personnel matter. Motion carried 3 - 0. The meeting adjourned at 11:10 a.m.; no action taken. ( S E A L ) _______________________________ COURTLYN W. HOTCHKISS, CHAIRMAN ATTEST: BOARD OF COUNTY COMMISSIONERS ________________________________________ Sherry E. Graves, Deputy County Clerk