Elk in Rocky Mountain National Park
 

PROCEEDINGS OF THE BOARD OF COUNTY COMMISSIONERS

MONDAY, DECEMBER 5, 1994

SUBDIVISIONS

(#164 & #165)

The Board of County Commissioners met at 9:00 a.m. in regular session with John Barnett, Director of Planning. Chair Pro-Tem Disney presided and Commissioner Hotchkiss was present. Also present were: Russ Legg, Chief Planner; Al Kadera, Subdivision Administrator; Richael Michels, Planner; Rex Burns, Engineering; Jerry Blehm, Environmental Health; John Clarke, Commissioner Elect; and Jeannine Haag, Assistant County Attorney. Recording Clerk, S. Graves.

Commissioner Disney 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. WINDCLIFF 5TH AMENDED PLAT (#94-SA0598):

10-04-73; WINDCLIFF ESTATES, SOUTH WEST OF ESTES PARK;

.93 ACRES; 2 LOTS; E-ESTATE ZONING (12-05-94)

This is a request to vacate a blanket utility easement to be replaced with lot line easements. Staff Findings include: 1) The Amended Plat of Lots 1, 2, 3 and 4, Block 11, Windcliff Estates Fifth Filing, includes a note which identifies all areas outside the building envelopes as utility easements; 2) The lot owners wish to vacate the blanket easement and replace it with lot line easements; 3) The County Health and Engineering Departments and all utilities serving this area have reviewed the proposed easement changes and stated no objections.

The Staff Recommendation is for approval of the request to vacate the blanket utility easements on the Amended Plat of Lots 1, 2, 3 and 4, Block 11, Windcliff Estates Fifth Filing, by changing the note on the Final Plat to read: "An area five feet in width, adjacent to, parallel with and adjoining the Easterly, Southerly and Westerly lot lines and an area 20 feet in width adjacent to, parallel with and adjoining the Northerly lot lines".

2. KREMERS INDIAN HILLS STREET NAME DESIGNATIONS (#94-0S0599):

30 & 31-09-69; 3-4 MILES NORTH OF THE INTERSECTION OF COUNTY

ROADS 56E AND 23E; O-OPEN ZONING (12-05-94)

This is a request to name two unnamed roads. Staff Findings are: 1) Kremers Indian Hills Ranch is a group of 35-acre parcels north of Fort Collins; 2) Access is by way of a road system which runs north from the intersection of County Roads 23E and 56E. The roads in Kremers Indian Hills have never been officially names; 3) Road names are necessary to facilitate address issuance and to identify property for emergency response purposes; 4) The proposed road names do not duplicate any existing road names in this area. The Staff Recommendation is for approval of the request to name two unnamed roads in Kremers Indian Hills. The new road names are Kremers Lane and Arapaho Valley Road.

M O T I O N

Commissioner Hotchkiss moved that the Board adopt the Staff Findings and Staff Recommendations and approve the Windcliff 5th Amended Plat (#94-SA0598) and the Kremers Indian Hills Street Name Designations (#94-0S0599), out described above.

Motion carried 2 - 0.

3. ALVINA LEBSACK MINOR LAND DIVISION CHANGE OF CONDITIONS

(#92-EX0179): NW 1/4 OF 28-05-68; SOUTH SIDE OF STATE HIGHWAY

402 ABOUT ONE MILE WEST OF INTERSTATE 25; 77.06 ACRES,

3 LOTS; FA-FARMING ZONING (12-05-94)

This is a request to eliminate the condition which prevents division of Lot 2 without approval from the Board of County Commissioners. Ms. Michels provided the project description, reviewed the major concerns and issues, and noted that removal of this condition could set a precedent for other Minor Land Divisions (MLD). Ms. Michels reviewed the potential impacts if this request is allowed; such as, a direct access onto the State Highway, fire protection, septic tanks, adjacent agricultural operations, etc. Staff Findings include: 1) The Alvina Lebsack Minor Land Division was approved in 1992 with the condition that Lot 2 not be divided without approval of the Board of County Commissioners; 2) The Minor Land Division process is intended for land divisions which result in no discernible impacts; 3) Removal of the condition for County approval on future development of this property is not in keeping with the Larimer County Subdivision Resolution; 4) Removal of the condition will set a negative precedent for other properties similarly restricted due to the completion of a Minor Land Division; 5) Removal of the condition will prevent the County from reviewing the division and insuring the mitigation of any impacts. The Staff Recommendation is for denial of the request that Conditions #1 and #2 be removed from the Alvina Lebsack Minor Land Division.

Gene Fischer, applicant and Managing Partner of Allied Mortgage, provided a brief history, noting that previously two different subdivisions were proposed for this site; however, planning staff did not think they would be approved and recommended they be withdrawn. Mr. Fischer presented a map of the area and offered an amendment in which the applicant will agree, at substantial expense, that the access to the property would be via Olson Parkway or Royal Vista Parkway. This access would be dedicated as a public road and constructed according to county specifications and the covenants will state that the homeowners will be responsible for maintenance, snow removal, etc. Mr. Fischer noted the applicant will also agree there would only be two building sites on the property and will provide underground utilities and adequate irrigation water. Discussion followed.

M O T I O N

Commissioner Hotchkiss moved that the Board table the Alvina Lebsack Minor Land Division Change of Conditions (#92-EX0179) until January 17, 1995, to allow time for staff to work out conditions of approval for this request.

Motion carried 2 - 0.

At this time, Chair Duvall joined the meeting.

4. NYBERG MINOR RESIDENTIAL APPEAL (#94-EX0597): NW 1/4,

10-08-68; SOUTH SIDE OF COUNTY ROAD 60, 1/4 MILE EAST OF

INTERSTATE 25; 35.61 ACRES; 2 LOTS; O-OPEN ZONING (12-05-94)

This is a request for an appeal to allow a Minor Residential Development to be processed on a parcel which was split from a larger parcel after May 5, 1972. Mr. Kadera reviewed the staff findings, which are: 1) This parcel was divided from a larger parcel in 1991 and therefore is not eligible to be divided through the Minor Residential Development process; 2) The Minor Residential Development process was amended to limit the type of parcels that are eligible to be divided by MRD; 3) The Planning Staff has consistently recommended denial of all MRD appeals; a policy decision should only be made by the Board of Commissioners; 4) The full subdivision process is available to divide parcels that are not eligible for consideration under the MRD process. The Staff Recommendation is for denial of the Minor Residential Development Appeal requested by John and Daisy Nyberg.

Durwood Colson, representing the applicants, provided a brief history of the site, noting that the property was purchased in 1991 with the intention of dividing it into two parcels, as at that time the county was accepting 35-acre parcels to be processed through the MRD process. In 1993, the county amended the MRD process, thereby exempting the Nyberg's from submitting a MRD. Mr. Coles described the hard times the Nybergs are having and their financial burden and the reason for the appeal; he noted that the property has two existing access points, existing domestic water service, meets the minimum lot size in an O-Open District, etc. Discussion followed.




M O T I O N

Commissioner Hotchkiss moved that the Board of County Commissioners approve the Nyberg Minor Residential Appeal and allow them to proceed with an application for a Minor Residential Development.

Motion carried 3 - 0.

5. SMITH MINOR RESIDENTIAL APPEAL (#94-EX0594): W 1/2,

13-04-70; ON BOTH SIDES OF COUNTY ROAD 8E, 2 MILES WEST

OF COUNTY ROAD 23; 120.8 ACRES; 2 LOTS; FA-1 FARMING ZONING

(12-05-94).

This is a request for an appeal to allow a Minor Residential Development to be processed on a parcel located in Range 70. Mr. Kadera described the location, submitted a map of the site, and noted that this request has merit because there is a division of the property by a county road right-of-way and is a good reason to create a parcel if all the other technical requirements are met. The Staff Findings include: 1) The Minor Residential Development regulations were amended to limit the area of the County where Minor Residential Developments can be submitted. This property is outside that area; 2) The applicant would like to seek approval of a parcel that is divided from the rest of the ownership by County Road 8, but the property is in Range 70 West, which is outside the area approved for MRD's; 3) The Planning Staff has consistently recommended denial of all MRD appeals because policy changes should be made by the Board of County Commissioners. The Staff Recommendation is for denial of the Minor Residential Development Appeal of Steve Smith.

Mark Corbridge, representing the applicant, addressed the Board and stated that this is a natural division of the land, and there are other MRD's in the area with compatible lot sizes.

M O T I O N

Commissioner Disney moved that the Board approve the Smith Minor Residential Appeal and allow the applicants to proceed with an application for a Minor Residential Development.

Motion carried 3 - 0.

6. ROCKVIEW PLANNED UNIT DEVELOPMENT AND REZONING

(#94-MS0575): 33-07-69; SOUTH SIDE OF COUNTY ROAD 38E,

3/4 MILE WEST OF COUNTY ROAD 19 (TAFT HILL ROAD);

10.43 ACRES; 20 LOTS; FA-1 FARMING ZONING (12-05-94)

This is a request to divide 10.4 acres into 20 lots of 8,717 sq. ft. to 24,254 sq. ft. for single family dwellings with 4.15 acres of open space and rezoning from FA-1 Farming to R-Residential; at Concept Technical Review, the project was called McKinley Property Subdivision (#94-SU0510). Mr. Legg submitted a map of the area, described the location, and reviewed the major concerns and issues. Mr. Legg noted that a $700 waiver fee will be required for off-site street improvements and homeowners will be required to participate in any future special improvement district formed for the purpose of doing road improvements; he also recommended that a note be placed on the Final Plat noting that Larimer County will not maintain the internal subdivision roads. Mr. Legg also made the suggestion that passive radon be installed at the time of building permit. Staff Findings are: The proposed Planned Unit Development, with its significant concentration of private open space, is consistent with the Amended Foothills Plan designation, the Planned Unit Development Resolution, and with the proposed R-Residential Zoning of the site; 2) The Fort Collins City Council approved the Off-site Waiver Request; 3) Approval of the proposed development, with numerous conditions, will not result in any significant negative impacts on surrounding property, utility services, transportation facilities, or the natural environment.

The Staff/Urban Growth Area Review Board Recommendations are for 1) Approval of the Master Plan for Rockview Planned Unit Development, with two conditions; 2) Approval of the Rezoning request from FA-1 Farming to R-Residential, with a condition; 3) Approval of the Waiver for Off-Site road requirements of the Urban Growth Area, with three conditions; and 4) Approval of the Preliminary Plat for Rockview Planned Unit Development, with eleven conditions.

Commissioner Disney expressed his concern about the increased traffic volume this subdivision, if approved, will create on CR 38E and 19; Mr. Burns responded that a left turn lane is being constructed by the developer of Fox Hills to address this problem, and the intersection of 38E and 19 is being redesigned and will be improved. Mr. Burns noted that the intersection of Drake Road and Taft Hill Road is also in need of improvements, but has not as yet been scheduled for improvements. Richard Storck, applicant, informed the Board that the proposed development is adjacent to current utilities, services are available, and noted that the reason for the smaller lots is that they are attempting to provide more open space on a percentage basis than the other projects, as well as the efficiency of services. Mr. Storck stated he will work with the adjacent developers on street maintenance, but asked not to be held hostage to an agreement. Matt Delich, Engineer, noted he conducted the traffic studies and determined that the left turn lane was needed and is being built; the intersection of 38E and 19 has been signalized for a year, and that intersection, with all the increased traffic from the three subdivisions, will operate at level of service "B" in 1995 and "C" in the long-term future. Mr. Delich stated that the intersection of Drake and Taft Hill Road is about two miles from this site and will be addressed by the City of Fort Collins in their capital improvement and development process; however, he noted that this intersection operates at level "E" during peak hours. Commissioner Disney commented that he has driven south Taft Hill and believes that this intersection operates at level "F" at best. Jan Peterson, representing the developers of Wildflower Ridge, stated he believes in fairness and equity for everyone and he thinks this developer should pay his fair share of road improvements and that is why he agreed to share the cost with Fox Hills; he noted that Mr. Storck, as of now, has not been a party to any of those improvement costs. Mr. Peterson stated that the county has mandated that Mr. Storck not build an access drive and that all his subdivision traffic go through Wildflower Ridge; he stated this is requiring them to subsidize their competition. Mr. Peterson proposed that a condition be imposed that Mr. Storck pay his fair share of the road improvements and safety precautions. Discussion followed concerning the sharing of costs, if this was appropriate, and would it set a precedent for other subdivisions and developers. Mr. Burns stated that there is no legal requirement for Mr. Storck to re-imburse Mr. Peterson; Mr. Legg concurred, noting that if reimbursements were allowed, it would be never ending.

At this time, the public testimony was closed and Commissioner comments were solicited. Commissioner Hotchkiss re-emphasized that the county cannot make reimbursements--it would be way beyond the regulatory authority of this Board; he acknowledged that the Urban Growth Area Board unanimously approved this proposal. Commissioner Disney stated that this proposal is the "straw that broke the camel's back" and with the traffic situation on CR 19, and with no funding in sight to do the traffic improvements that are necessary, he has reached the point where he cannot vote to approve any more subdivisions in this area until the City of Fort Collins, in conjunction with the county, addresses the traffic problems on CR 19. Chair Duvall concurred with Commissioner Disney and stated that there is such a thing as phasing criteria and having growth goes along with our ability to pay for it and it is irresponsible to keep putting more and more traffic on roads which can't handle it. She stated that the developers need to work together on a plan for the area and to improve this arterial off-site road problem.

M O T I O N

Commissioner Disney moved that the Board deny the Master Plan for the Rockview Planned Unit Development and Rezoning, the Waiver for Off-site road requirements of the Urban Growth Area, and the Preliminary Plat (#94-MS0575).

Motion carried 2 - 1; Commissioner Hotchkiss dissenting.

7. REQUEST FOR APPROVAL OF FINAL PLAT, AS AMENDED, FOR SUNSHIP PLANNED UNIT DEVELOPMENT:

M O T I O N

Commissioner Hotchkiss moved that the Board approve the Final Plat, as amended, for the Sunship Planned Unit Development, and authorize the Chair to sign same.

Motion carried 3 - 0.

8. DISCUSSION ITEM:

Discussion was held regarding a request from two landowners near Windsor to meet with the Board informally to have a conceptual general discussion about their land ownership. It was decided that the landowners should meet with the Corridor Planning Committee to have this preliminary discussion. After further discussion, it was decided that a meeting should be scheduled with the Board, the Planning Commission, and the Planning Staff to try and establish better communication and to decide whether or not the Board should be involved in the concept technical review stage; at this meeting, they will discuss the Framework for Action, definition of terms, understanding of policies and procedures, and the direction of planning.

The meeting recessed at 11:30 a.m.

PUBLIC HEARING REGARDING ROOFING ISSUES

(#166 & #167)

The Board of County Commissioners reconvened at 4:30 p.m. for a Public Hearing regarding Roofing Issues. Chair Duvall presided; Commissioners Disney and Hotchkiss were present. Also present were: Brice Miller, Building Official; John Barnett, Director of Planning; Cpl. Don Griffith, Emergency Services Unit; Mike Pretz, Poudre Fire Authority Fire Marshal; John Clarke, Commissioner Elect; and Jeannine Haag, Assistant County Attorney. Recording Clerk, S. Graves.

Chair Duvall called the meeting to order stating that the purpose of today's Public Hearing is for discussion of three proposed roofing amendments to the Uniform Building Code on non-combustible roofing. Mr. Barnett provided a brief overview of the roofing issue, noting that a group of persons involved in fire safety and building inspections started meeting in March of 1994 to try and develop a coordinated approach on how to regulate roofing on a county-wide basis, including both the cities, counties and all the fire districts. Mr. Barnett noted that this group held five public meetings throughout Larimer County to discuss this roofing issue and the citizens feel that removing combustible roofs would provide a practical solution to reducing fire losses and reducing the conflagrations potential. Mr. Barnett stated that the Staff Recommendation is for adoption of an amendment to the Uniform Building Code restricting the type of roof covering materials to Class "A" (severe - most restrictive) on new construction and roof replacement. The Planning Commission Recommendation is to require Class "B" (moderate) materials in the mountain Fire District and Class "C" (light) materials in the remainder of the urban areas as a minimum requirement for all new and replacement roofing; the Building Board of Appeals Recommendation is to amend the Uniform Building Code to adopt Minimum Class "C" roof covering for all new and replaced roofs. Both of these groups also recommended extensive public education which will allow the consumer to make sound choices and work with the insurance industry and homeowner associations.

Mr. Miller described the three classifications and stated that the Uniform Building Code has regulations regarding different classifications for commercial roofs, but there are none for residential. Mr. Miller presented a map showing County Road 19 as the dividing line between Class "B" and Class "C". Mr. Miller stated that last August he organized a state meeting to ascertain what the other counties in Colorado were doing regarding roofing; he noted that Jefferson County has adopted a Class "A" Ordinance in areas above the elevation of 6400 feet, and the city of Boulder has banned wood completely. Mr. Miller further stated that most of the other jurisdictions in the state have as a minimum a Class "C" Ordinance for roofing materials. Don Griffith and Mike Pretz stated that this proposal is strictly a public safety issue and their target is to remove combustible materials from home roofing; they noted there are options to the "A" Class proposal and homeowners will still have a choice of materials and there are materials available whereby they can still have the esthetic look of shake shingles. Cpl. Griffith stated there is no time line on replacement of roofs, only at the time when roof replacement is done, and the proposal does not eliminate wood shake shingles, they just have to meet a Class "A" rating. Cpl. Griffith addressed some of the positive and negative impacts and the conception among some that this requirement is government intrusion. Mr. Pretz cited some fire statistics and stated that this amendment is a performance standard for roofing; he noted that it is projected that the population in Larimer County will double by the year 2020.

At this time, the hearing was opened for public comments. Those recommending denial of the proposal were Ron Klein from Berthoud, who resides in a subdivision in which their covenants require shake shingles, and Ron Hill, volunteer fire fighter in Drake. Those persons recommending that, if an option is chosen, the Board decide on Class "C", were: Roger Dechairo, general contractor and Chairman Board of Appeals (BOA); Bill Van Horn, engineer and member BOA; Mike Howell, of Napa, California, representing Clarke Group Cedar Shake and Shingle Marketing Firm; Dale Kirkley, President of a roofing company; John Tindle; Tom Seeley who works for a roofing manufacturing company in Bellevue, Washington; Byron McGue, Manager B & M Roofing Company; Ken Morey, developer and contractor; and Brett Harris, who sells roofing materials, stating that Class "A" is excessive and too restrictive. Those persons recommending the Board adopt Class "A" to encompass the entire county were: Richard Bosted, 35 years experience in fire safety; Robert Burns, President of a fire loss protection firm in California; and Dave Farmer, State Forest Service. Maney Munus, Fire Consultant, recommended that the Planning Commission Recommendation of Class "B" and "C" be adopted All the speakers expressed disagreement with County Road 19 being the dividing line between Class "B" and Class "C", and noted that the level of threat should be considered in determining the dividing line. Much discussion followed.





M O T I O N

Commissioner Hotchkiss moved that the Board adopt the Planning Commission Recommendation to require Class "B" materials in the mountain Fire Districts and Class "C" materials in the remainder of the urban areas as a minimum requirement for all new and replacement roofing, except that when reroofing of less than 50% of the roof area during any one-year period, the roof may be replaced with roof coverings of the same classification; and instruct the Larimer County Planning Staff, Poudre Fire Authority, and the Emergency Services Department to work with the Board in determining an appropriate dividing line between Class "B" and Class "C" which will be more adaptable to wildfire mitigation, and also to work toward uniformity with local municipalities when they adopt their roofing standards.

Motion carried 3 - 0.

The meeting adjourned at 7:15 p.m.

TUESDAY, DECEMBER 6, 1994

PUBLIC WORKS STANDING MEETING

(#168)

The Board of County Commissioners met at 9:30 a.m. in regular session with Rex Smith, Director of Public Works. Chair Duvall presided; Commissioners Disney and Hotchkiss were present. Also present was Frank Lancaster, County Manager. Recording Clerk, S. Graves.

1. Discussion of Virginia Dale Stage Station Access: Mr. Smith recently met with several persons regarding the county installing a cattle guard on the county road near the Virginia Dale Stage Station. Mr. Smith noted that these persons applied for a state grant to fence the old stage station property; however, a requirement of the grant is that the property be gated and they spent most of the money doing the survey. Mr. Smith stated that county policy is not to install cattle guards, but does have the policy of working with groups to provide access to historic sites. Mr. Smith noted that the cost of material will be $3,500 plus $600 to $800 to install it; CONSENSUS OF THE BOARD was to approve the request.

2. Discussion of Subdivision Roads Maintenance: Mr. Smith stated that the two subjects of: 1) The county's policy for subdivision maintenance and, 2) Whether or not the county should continue to maintain new subdivisions, should be separated; he noted he is working on a formal presentation on these two subjects, which he will make to the Board at a later date.


3. Identifying County Road Signs Throughout the County: Commissioner Disney asked Mr. Smith the reason for not having identifying county road signs throughout the county similar to the ones in the mountains and on the Cherokee Park Road. Mr. Smith responded that the signs are not county wide mainly because of cost and noted that he would like to see them county-wide; Commissioner Hotchkiss concurred. The Board asked Mr. Smith to put together a cost estimate for erecting identifying county road signs throughout the county and then report back to the Board.

4. Larimer County Welcome Sign: Commissioner Disney stated that he and County Assessor Steve Miller designed a welcome sign to be placed at all the entrances to Larimer County; the sign would be the shape of the county and say, "Welcome to Larimer County - Colorado's North Star". Chair Duvall and Commissioner Hotchkiss approved the idea; therefore, Commissioner Disney will check with Doug Rames of the State Highway Department to see if this is possible and Mr. Smith will get a cost estimate for the signs.

5. Letter Concerning County Road 69 Improvements: Mr. Smith stated he received a letter from a citizen asking when the county to going to improve and better maintain County Road 69; Mr. Smith will compose a standard letter to respond to such requests.

The meeting recessed at 10:05 a.m.

MEETING REGARDING TRANSPORTATION ISSUES

(#169 & #168 @ 2000)

The Board of County Commissioners reconvened at 2:00 p.m. in regular session for a Meeting regarding Transportation Issues in Larimer County. Chair Duvall presided; Commissioners Disney and Hotchkiss were present. Also present were: John Clarke, Commissioner Elect; Shelley McGraw, Director Office on Aging; Diane Nelson, Joannie Schlueter, and Susan Szymanski, Department of Human Development; Rex Smith and Elaine Spencer, Department of Public Works; John Dagget, Tom Frazier, Ron Phillips, City of Fort Collins; Mark Korb, Care-A-Van; Ron Spies, Poudre R1 School District; Lew McConnell, R2J School District; and Frank Lancaster, County Manager. Recording Clerk, S. Graves.

1. Update on Dial-A-Ride: Mr. Dagget reviewed the history of para-transit in Larimer County, the program design, and the proposed new city policy; noting that Care-A-Van started in 1974, SAINT in 1983, and Dial-A-Ride in 1994. The proposed new policy for Dial-A-Ride, as recommended by the Fort Collins Transportation Board, Commission on Disability, and the Senior Advisory Board will be presented to City Council tonight and will include eligibility for the low-income disabled and elderly, establishment of an educational program to get people off the Dial-A-Ride System, and to incrementally impose fares for this service beginning in 1995 at 80 cents, $1.20 in 1996 and $1.60 in 1997, etc.

2. Update on the 1996-2000 Transportation Development Plan (TDP): Mr. Dagget stated that the City of Fort Collins is in the process of a sequence of planning activity with a Regional Transportation Plan, Congestion Management Plan, and the Transit Development Plan. The Transit Development Plan is a five-year Master Plan for the years 1996-2000 which will be examining local and regional transit issues, needs in urban and rural areas, provision of fixed route transit services, carpooling and vanpooling programs, establishing some regional coordination in programs, service levels and coordinating funding and services. Mr. Dagget stated that the request of the Commissioners today is permission to be able to, from time to time, come back to the Board for a worksession to discuss this plan and issues, to ask for continued staff support for the project, and to have on-going discussions about the plan with the cities of Fort Collins and Loveland. Mr. Dagget stated that three products of the TDP will be 1) Vision Plan through 2015; 2) Preferred Service Plan; 3) Financial Constrained Plan.

3. Human Development Rural Transportation Needs Assessment: Ms. McGraw provided the background, reviewed the results of the Rural Transportation Study, and described how they will be attempting to meet some of the suggestions. Ms. McGraw stated that the purpose of the study was to determine what are the unmet needs in the rural communities; they looked at the areas that currently were not provided any kind of transportation service - Poudre Canyon, Red Feather Lakes, Estes Park, Drake, and Berthoud. Ms. McGraw described the methods undertaken to do the study and noted that surveys and public hearings were held in each community; it was determined that the greatest needs are in Estes Park and LaPorte. She reviewed some of the recommendations; such as, to publicize and encourage citizen participation in the TDP, establish a citizen transportation advisory board, convene with the various agencies involved with funding transportation to seek joint solutions, consider charging fares on a sliding fee scale, publicize the availability of the transportation service, etc. With these recommendations, the Office on Aging Advisory Council looked at how to develop some of these suggestions into their Request for Proposal process and put out a bid for transportation service in Estes Park, LaPorte, and Berthoud. They received three proposals back from the Berthoud Senior Center, Estes Park Rehabilitation Center, and Care-A-Van. The OOA reviewed these proposals and made recommendations to the Board, which they approved, of funding of $4,000 to Berthoud to provide transportation in the Berthoud area, $10,000 to the volunteer transportation program in Estes Park; $5,000 to Care-A-Van to provide transportation in LaPorte and other outlying communities, and $15,000 to Dial-A-Ride.

Ms. Szymanski reviewed the Human Resource Grant Program which provides services for people who are low income, disabled, or elderly. The Human Resource Grant Program is funded by Larimer County and the Cities of Fort Collins and Loveland and allocated for human service issues. The specific service they are looking for is some type of shuttle service between LaPorte and Fort Collins for people to access the Transfort Bus System, and a weekly shuttle service between Estes Park and Loveland and Fort Collins. Mr. Korb expressed his perspective as a Care-A-Van Board Member that there are some parellelisms in what everyone is trying to achieve - the governmental enterprises and the non-profit organizations - they overlap in a number of areas. Mr. Phillips noted that some of the greatest transportation needs are in Estes Park, but they have chosen not to be part of the TDP, he wondered if there have been efforts to communicate with them about working together. Commissioner Disney asked how these transportation services will be communicated to the people in the rural communities. Ms. McGraw stated that this is one of the recommendations made from the study; she stated that they need to sit down and talk about this and make improvements. Mr. Phillips advised that they set limits on fares, etc. in the beginning and if it is a pilot program, make sure there is an end date for the program.

4. How the Cities, County, and School Districts can Work Effectively to Provide Transportation in Larimer County: Mr. Frazier stated that we need to make a plan and take action and we need to start thinking regional. He stated that this transportation planning process is the best to come forth in decades and now it is up to us to take action, start thinking regional, and to make sure that we have all the staff assigned where they are needed. All the TDP's are being coordinated and we need to get our needs identified.

The meeting adjourned at 3:40 p.m.

WEDNESDAY, DECEMBER 7, 1994

ADMINISTRATIVE MATTERS

(#170 & #168 @ 3500)

The Board of County Commissioners met at 9:00 a.m. in regular session with Frank Lancaster, County Manager. Chair Duvall presided; Commissioners Disney and Hotchkiss were present. Also present were: Sheriff Richard Shockley; Captain Gary Darling, Sgt. Bill Nelson, Cpl. Don Griffith, Erik Nilsson of the Sheriff's Department; Dick Anderson, Facilities Manager; Ralph Jacobs, Personnel Director; Bob Keister, Budget Manager; Joan Duchene, Commissioner's Office Supervisor; Donna Hart, Assistant to the County Manager; Neil Gluckman, Assistant County Manager; and John Clarke, Commissioner Elect. Recording Clerk, S. Graves.

1. REQUEST BY SHERIFF TO MODIFY 1995 BUDGET REQUEST: Sheriff Shockley requested the Board to reconsider his budget request for 1995, precipitated by the failure of the Law Enforcement Authority in the November election. The budget revision would amount to an additional $71,674 over what was budgeted in 1995 and would be used to incorporate an alternative reporting system within the Department; it was noted that the Fort Collins Police Department has been able to decrease the caseload during the hours of operation by 34% by using such a system. Discussion among the Board followed; Commissioner Hotchkiss expressed concern about using their reserves for this request. Commissioner Disney stated he would like to see this request in context of everything else being requested for the budget. The Sheriff's 1994 carry-over was discussed, but the request being made today is on-going and not a one-time request. Chair Duvall asked if civilians could be trained and used, rather than hiring two new deputies to answer phones in the Alternative Sentencing Program; Captain Darling responded that they need a certified person for the job. The Board directed Mr. Keister and Mr. Lancaster to work on the figures to find another source of funds for this request and return to the Board with a proposal and recommendation for further discussion during the next Policy Worksession.

2. DISCUSSION OF EMERGENCY MANAGEMENT/SERVICES MOVE: Mr. Anderson informed the Board that Mr. Woodward of the Larimer County Engineering Department conducted a field survey to determine the existing floor elevations of the Larimer County Search and Rescue building on North Shields Street in relationship to the 100-year water surface elevation of the Poudre River Flood Plain. Mr. Woodward reported that the existing building is in the floodfringe area and the existing floor elevation is at 4990.12 and the 100-year base flood elevation is at 4990.10. Therefore, the existing building is in compliance and any proposed additions built to the same elevation will also be in compliance with floodplain regulations. The report also noted that the new Poudre River Study will show this location to be out of the 100-year floodplain and in a 500-year floodplain. Commissioner Disney expressed concerns about building Emergency Management/Services in a flood plain; he queried how much more it would cost to build a slab to raise the elevation. Mr. Anderson responded that Rex Burns, Larimer County Flood Plain Administrator, could do an analysis of the flood situation, and also an alternate bid could be included in the bid package. Mr. Anderson will have the drawings documented with a level slab, and have an alternate bid for the new slab to be above the existing slab. Commissioner Hotchkiss indicated his willingness to proceed, as this will be a long-term solution for the county; Sgt. Nelson stated it is important to start building as soon as possible in order to have the addition completed before fire season.

M O T I O N

Commissioner Hotchkiss moved that the Board authorize Mr. Anderson to proceed with the bidding process for the relocation of Emergency Management/Services to North Shields, and to include an alternate request in the bid regarding raising the floor elevation; funds for this expenditure of approximately $325,000 to be derived from the Capital Expenditures Fund.

Motion carried 2 - 1; Commissioner Disney dissenting.

3. APPOINTMENT OF BILL WEGENER TO THE LARIMER COUNTY EMERGENCY TELEPHONE AUTHORITY:

M O T I O N

Commissioner Hotchkiss moved that the Board appoint Big Wegener to the Larimer County Emergency Telephone Authority for a two-year term

Motion carried 3 - 0.

4. APPOINTMENT OF NATURAL RESOURCES DIRECTOR:

M O T I O N

Commissioner Disney moved that the Board appoint Janelle Henderson as Director of the Natural Resources Department, effective December 1, 1994, at a salary of $43,000.

Motion carried 3 - 0.

5. DISCUSSION OF APPOINTED SALARIES FOR 1995: Mr. Lancaster stated that Mr. Jacobs conducted a market survey for the appointed official's salaries based on the 10-county average and then met with the division heads for appropriate comparison of responsibility and duties to see how they compared. The results of the survey were incorporated into a spread sheet listing the market position, performance ratio, average weighted and actual maximum increase, current salary and proposed new salary. Mr. Lancaster explained the spread sheet in detail and noted that Larimer County has some unique positions which other counties do not have. Mr. Jacobs noted that one main concern they have is to make sure that no appointed official has a subordinate making more than they do. After the review, Commissioner Hotchkiss stated he wants to study the material presented in detail and discuss it later in an Executive Session.

6. WORKSESSION:

-- Process for Hiring Human Development Director: Discussion was held regarding the process to be followed for hiring the Human Development Director. Questions discussed were how many should be on the committee to do the screening and interviewing, should the committee provide the Board with a prioritized list of candidates, and how many candidates should come before the Board for interviewing. Mr. Gluckman recommended that five members serve on the committee, no less than three candidates come before the Board, and they should be unranked. The Board concurred with the recommendation and directed Mr. Jacobs to begin advertising locally for the position.

-- Organizational Structure: After further discussion of the Larimer County Organizational Chart at the last Cabinet Meeting, a revised version was submitted today to the Board for their review. Mr. Lancaster noted that Personnel has been placed under the supervision of the County Manager and Risk Management will remain under the Financial Services Division. The Board concurred with the revisions, but decided to discuss it further with the Cabinet and adopt the Organization Structure the first of the year; Mr. Clarke recommended that copies of the revised Chart be sent to the other elected officials.

-- Discussion of Joint Meeting with Municipalities in 1995: Ms. Hart presented a schedule of the 1995 joint evening meetings for the Board, the Fort Collins and Loveland City Councils, and the Northern Colorado Regional Cities. Ms. Hart noted that the Planning Department has requested that the first Monday evening of each month be reserved for them. The schedule was discussed and the Board suggested that maybe some of the meetings could be combined in order to reduce the number of meetings. Mr. Clarke also suggested that the Poudre R1 School Board be included when the Board meets with other jurisdictions; Chair Duvall also suggested that the Planning Commission should also be included and she would like to have the Long Range Planning Commission Meeting bi-monthly instead of quarterly. It was suggested that Ms. Hart and Mr. Lancaster work on the schedule and decide what is best for the Board and combine the Northern Colorado Regional Cities Meetings with Loveland and Fort Collins and eliminate the individual meetings with those cities.

-- Board Invitations: Ms. Hart reviewed the following invitations with the Board: 1) Office on Aging Council Luncheon Meeting, December 8 at 1 p.m.; Board declined; 2) Chamber of Commerce Presentation on PRT 2000, a personal rapid transit system, December 12 at 8 a.m.; the Board declined as they have Planning Meeting at 9 a.m.; 3) Private Industry Council Employment and Training Services Recognition Awards Luncheon, December 13, 1994 at 11:30 a.m. at the Lincoln Center; all three Commissioners will attend; 4) Human Development Farewell to Rena Mackrill Holiday Open House, December 15 2 p.m. to 4 p.m.; all three Commissioners will attend; 5) Board of Health Luncheon with the Board on December 20; Commissioners Disney and Hotchkiss and Commissioner-Elect Clarke will attend, Chair Duvall has a prior commitment; 6) Two-Hour Meeting with Development Review Team (Engineering, Health, Planning and Parks Departments) on December 12, 1994 at 2 p.m.

-- Items for Policy Worksession Meeting 12/8/94: Mr. Lancaster noted that the four items listed for the Policy Worksession tomorrow are: 1) Discussion of the role of the Cabinet at Cabinet Meetings; 2) Discussion of the Goals for 1995; 3) Executive Session Discussion on Salaries for Appointed Officials; and 4) Budget Changes. After discussion, the Board decided to eliminate the Executive Session on Salaries because the Board will not have enough time to prepare for that discussion.

7. COMMISSIONERS' REPORTS - ADMINISTRATIVE:

-- Commissioner Hotchkiss reported that he and the Finance Director have met and are on schedule with the selection for the Controller position and they will be conducting interviews next week.

-- Chair Duvall stated that the Northern Colorado Land Use Symposium would like to make a report to the Board and suggested that the Planning Team and volunteers from the Symposium present it to give some closure to the Symposium; the Board's response and the presentation would then be presented to the public at large (the planning team and additional volunteers from the Symposium have agreed to present it to the public). When the input from the public has been received, a report of same will come back to the Board and the Planning Commission. The Board concurred with this process.

At this time, County Attorney George Hass, Assistant County Attorney Jeannine Haag; Planning Director John Barnett, and Chief Planner Russ Legg joined the meeting for Legal Matters.

1. Transfer of Property to the State for the Juvenile Detention Center: Mr. Hass informed the Board that the state has requested two more weeks to review the property transfer documents for the Juvenile Detention Center to make some revisions.

2. Report on Fire Suppression Costs for Hourglass Fire: Mr. Hass reported he has received all the information from the Sheriff's Department regarding the fire suppression costs for the Hourglass Fire; he will review the information and prepare a response.

3. Revisions to the Zoning Resolution regarding the Board of Adjustments: Ms. Haag requested guidance from the Board regarding an amendment to the zoning resolution to revamp the powers and procedures of the Board of Adjustments, as proposed by Hank Pedersen. Ms. Haag stated that Mr. Pederson has deleted any ability of the BOA to grant extensions for non-conforming uses, to interpret the zoning resolution, or to grant special exceptions. In her opinion, she does not think that legally these powers cannot be taken away from the BOA; however, she thinks some strict standards could be developed. Commissioner Hotchkiss thinks the Board should meet with the BOA and discuss this situation.

M O T I O N

Commissioner Disney moved that the Board go into Executive Session at 11:30 a.m. to receive confidential legal advice.

Motion carried 3 - 0.

The Executive Session ended at 12:15 p.m.; no action taken.

8. 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 weeks of November 21 and November 28, 1994, and the Agenda for the week of December 12, 1994, as submitted.

Motion carried 3 - 0.



M O T I O N

Commissioner Disney moved that the Board approve the Larimer County Application for FY '94 State Special Bridge Fund Monies and an Amended Plat of Lots 35, 37 & 39 and a portion of Road Right-of-Way in Venner Ranch Estates 2nd Filing.

Motion carried 3 - 0.

LIQUOR LICENSES: Licenses were issued to the Masonville Store - 3.2% - Masonville, CO.; The Loyal Order of Moose, Lodge #275 - 6% WITH EXTENDED HOURS - Fort Collins, CO.; Mishawaka Inn - 6% WITH EXTENDED HOURS - Bellvue, CO.; The Hunt Club - 6% WITH EXTENDED HOURS - Fort Collins, CO.; Red Feather Lakes Carry Out - 6% - Red Feather, CO.; and Fossil Creek Conoco - 3.2% - Fort Collins, CO. County Approval was granted to Tagliamonti & Associates - 6% - Fort Collins, CO.; Spanish Manor - 6% - Fort Collins, CO.; Sun Deck Restaurant - 6% - Estes Park, CO.; Fort Collins Country Club - 6% - Fort Collins, CO.; and a Waive of Hearing for a Change of Ownership for Blue Mountain Properties, Inc., dba Indian Meadows Lodge, 29839 Poudre Canyon Road, Bellvue, CO. for a 6% Hotel and Restaurant Liquor License.

M O T I O N

Commissioner Disney moved that the Board approve the following documents:

A94-165 AGREEMENT BETWEEN THE BOARD OF COUNTY

COMMISSIONERS AND MILE HIGH UNITED WAY (MHUW)

(Provision of Job Placement for 3 "Youth at Risk")

A94-166 SUBDIVISION IMPROVEMENT AGREEMENT BETWEEN THE

BOARD OF COUNTY COMMISSIONERS AND VALLEY VIEW

ESTATES, INC. FOR VALLEY VIEW ESTATES SUBDIVISION

(For Landscaping)

A94-167 WARRANTY COLLATERAL AGREEMENT BETWEEN THE

BOARD OF COUNTY COMMISSIONERS AND VALLEY

VIEW ESTATES

R94-152s RESOLUTION REGARDING RELEASE OF COLLATERAL FOR

VALLEY VIEW ESTATES (For Landscaping)

R94-153s FINDINGS AND RESOLUTION CONCERNING THE PLAT OF

SAULCY MINOR RESIDENTIAL DEVELOPMENT


R94-154z SPECIAL REVIEW FINDINGS AND RESOLUTION CONCERNING

THE PETITION OF CARTER LAKE ENTERPRISES

Motion carried 3 - 0.

The meeting adjourned at 12:25 p.m.


______________________________________

JANET S. DUVALL, CHAIR

BOARD OF COUNTY COMMISSIONERS

( S E A L )

ATTEST:


________________________________________

Sherry E. Graves, Deputy County Clerk

December 7, 1994

Background Image: Rocky Mountain National Park by Sue Burke. All rights reserved.