PROCEEDINGS OF THE BOARD OF COUNTY COMMISSIONERS
MONDAY, SEPTEMBER 12, 1994
(#115, #116. #117 & #118)
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; Chair
Duvall was detained. Also present were: Al Kadera, Subdivision
Administrator; Jerry White, Zoning Administrator; Jill Bennett,
Comprehensive Planner; Rex Burns, Engineering; Rich Grossmann,
Environmental Health; and Jeannine Haag, Assistant County Attorney.
Recording Clerk, S. Graves.
Mr. Barnett informed the Board that the Timnath Lake Estates (#93-SU0412)
item on today's agenda has been withdrawn by the applicant.
Mr. Barnett stated that the following is a consent item and will
not be discussed in detail unless requested by the Commissioners
or members of the audience.
1. CRESTVIEW ESTATES (#94-SU0465): NE 1/4 36-08-69; NORTH:
2 ACRES; 4 LOTS; R-RESIDENTIAL ZONING (9-12-94)
This is a request for Preliminary Plat to divide 2 acres into
4 lots of .44 acres to .53 acres for single family dwellings;
there is an existing residence on Lot 1. Staff Findings include:
1) The proposed Crestview Estates is consistent with existing
zoning of the site and with existing development in the immediate
area; 2) This project is an in-fill development which is encouraged
in the Intergovernmental Agreement for the Fort Collins Urban
Growth Area; 3) It is appropriate to approve a waiver of the public
street capacity requirement for an in-fill project consisting
of just four lots; the proposed lots will not adversely affect
traffic on Country Club Road; 4) Approval of Crestview Estates,
with the following conditions, will not result in any significant
negative impacts on surrounding properties, utility services,
transportation facilities or the natural environment.
The Staff/Urban Growth Area Review Board Recommendation is for
approval of the waiver of the public street capacity requirements,
with the condition that the waiver fee be collected for each lot
when a building permit is issued for a single family dwelling.
A note shall appear on the Final Plat concerning the payment
of this fee; and approval of the Preliminary Plat for Crestview
Estates, with the following conditions: 1) The Final Plat for
this project shall be completed in strict conformance with the
conditionally approved Preliminary Plat with all requirements
of the Larimer County Subdivision Resolution; 2) All concerns
expressed by the County Engineer shall be addressed in the Final
Plat documents; 3) All improvements required to serve these lots
shall be included in a Subdivision Improvements Agreement which
shall be secured by appropriate collateral to guarantee the completion
of the improvements; 4) Homeowners' documents shall include a
provision for participation in the maintenance of Ridgecrest Road.
The applicant should determine if Crestview Subdivision has a
homeowners association or other mechanism for maintaining the
streets. These lots shall participate at the same rate as the
other lots in the neighborhood; 5) The following notes shall appear
on the Final Plat: A) An off-site street waiver fee shall be collected
when a building permit is issued for a single family dwelling
on each of these lots; B) The Larimer County Park Fee for the
Fort Collins Urban Growth Area shall be collected when a building
permit is issued for a single family dwelling on each of these
lots; C) Engineered foundation plans shall be required for all
construction on this site; D) Passive radon mitigation systems
shall be installed in each new residential structure on this site
and the results of a radon test shall be submitted to the Planning
Division before a Certificate of Occupancy is issued; E) Prospective
lot owners should be aware of the potential nuisance created by
wild animals. Pets should not be allowed to roam freely and harass
wildlife and food should be kept inside; 6) The applicant shall
provide a plan to ensure that at least one street tree is planted
in the front yard of each of these lots; this can be required
by covenant and the developer can provide an incentive to complete
the landscaping; 7) Setbacks must be consistent with neighboring
M O T I O N
Commissioner Hotchkiss moved that the Board adopt the Staff Findings
and Staff/Urban Growth Area Review Board Recommendation and approve
the Crestview Estates Preliminary Plat (#94-SU0465), with conditions
as outlined above.
Motion carried 3 - 0.
At this time, Chair Duvall joined the meeting.
2. CARTER LAKE ENTERPRISES SPECIAL REVIEW (#94-ZR0469):
N 1/2 NE 1/4 22-06-70; WEST OF COUNTY ROAD 27 AND SOUTH
OF COUNTY ROAD 32, 1/2 MILE SOUTH OF MASONVILLE;
52 ACRES; O-OPEN ZONING (09-12-94).
This is a request to expand quarrying operations by expanding
the active mining area and extending hours of operation to include
Saturdays. Mr. White provided the project background, reviewed
the major concerns and issues, and submitted photos of the site
showing the transition of the quarry since 1976; he also submitted
7 letters of opposition and a petition with 64 signatures from
Masonville property owners opposing the expansion of the quarry,
27 letters of support, and 4 letters requesting certain conditions
be imposed, if the request is approved. Mr. White informed the
Board that the applicant recently received the 1993 Mined Land
Reclamation Board Award from the State Mined Reclamation Board
in recognition of outstanding reclamation of their area. Staff
Findings are: 1) As proposed, the expansion of the mining operation
would not be consistent with the intent and purposes of the Comprehensive
Zoning Resolution or the County Land Use Plan; 2) As proposed,
the quarry would not be harmonious with surrounding land uses,
and would likely have a negative impact on the residential areas
nearby; 3) Property values for residential uses in the area might
be negatively impacted by the proposed expansion; 4) The proposed
expansion would not be beneficial to the public health, safety,
The Staff Recommendations are for denial of the request to designate
20 acres as a mining area; denial of the request to allow mining
of the South Quarry; and approval of the Yard Area, North Quarry
(including fueling area) and the connecting roadway, with a number
of conditions regarding hours of mining activity, road impacts
and traffic, and reclamation. The Planning Commission recommendation
differs from the Staff recommendation in that they recommended
denial of the request to designate 20 acres as a mining area;
but approval of the request to allow mining of the South Quarry,
and approval of the Yard Area, North Quarry (including fueling
area), South Quarry, and the connecting roadway, with fifteen
Lucia Liley, attorney representing the applicant, addressed three
questions: 1) What is permitted right now to occur on the site?
2) What is the current operation and how does that differ, if
any, from the permitted uses? 3) What is being proposed and how
is that different from the current operation? Ms. Liley stated
that today's request is not intended to significantly change the
way the operation is now being conducted, and it is not an attempt
to change the intensity or size at any given point of that mining
operation. Ms. Liley noted that the applicants have spent approximately
$20,000 to hire a mediator to attempt to satisfy the concerns
of the neighbors and because of this cooperation, most of the
closest and most directly affected neighbors of this operation
are not opposed to and do support this proposed application.
Ms. Liley stated that the intent of the application is not to
significantly change what is being done now or to increase the
intensity of the actively mined areas; the two things they are
asking are: 1) The Board permit 2.5 acres of active mining, as
recommended by the Staff, but to include both the north and south
quarry areas, with active mining defined as both the actual quarrying
and the on-going concurrent reclamation, not to exceed the 2.5
acre total and not increase the visibility at any time; and, 2)
Approve some acreage on this 52-acre site that would be deemed
an expansion area which would permit the applicant, once he has
exhausted the existing 2.5 acres, to move into the expansion area,
but never greater than 2.5 acres at a time and always subject
to the same conditions being proposed for this 2.5 acre operation;
this would not change the intensity but permit them to have some
certainty, both the neighbors and the owner, as to what mining
is going to occur and where and what performance standards would
be attached to it.
At this time the hearing was opened for public comment. Those
speaking in support of the proposed application were: Chris Jenkins,
Shannon White, Dick Clark, Judy Sprague, Stan Ebel, Larry Brunmeier,
Ned Sprague, Pat Conner, Phil Sprague, Phyllis Chance, and Leonard
Loukonen. These persons stated that the noise from this operation
is minimal, the applicants are good neighbors and have done everything
possible to try and address the neighbor's concerns, good reclamation
efforts have been made, the applicant is responsible and a man
of his word, all the new houses in the area have created more
problems than this quarry, the quarry has been there for years
and people shouldn't move into this area and then complain about
its existence, etc. Those persons speaking in opposition to
this request were: Bob McGlasson, Barbara Fisher, Bob Glock, Susan
McGlasson, Peggy Burch, Mark Vaughn, Catherine Vaughn, and Kathy
Mahan-Green. These persons cited their concerns that expansion
of quarry operations will cause a reduction in property values,
loss of esthetics of a growing evolving residential community,
violations have occurred under existing permit, damage to the
hills, lack of inspection for meeting standards, lack of enforcement
of conditions, noise impact, opposition to weekend hours and
starting operations at 7 a.m., reclamation, precedent setting,
etc. Most of these citizens stated they do not want to close
the operation down, but do not want the operation expanded.
John MacFarlane noted he was neutral regarding this request; however,
even though the Spragues are responsible people, he is concerned
what will happen in the future when this property is sold. To
mitigate this concern, Mr. MacFarlane proposed two changes: Condition
#11 requires that the stone cutter shall be located and operated
in a manner that best minimizes the visual and noise impacts from
its operation--he wants this condition tightened so that the new
owners will be required to take the same measures that Mr. Sprague
does to mitigate noise and require them to consult with the adjacent
homeowners regarding effectiveness; he also proposed that some
sort of visual planting be done along the north and south quarries,
if approved, and he offered to donate water to help these trees
Ms. Liley addressed the concerns raised by the citizens; she reminded
them that this is an existing mining operation and this proposal
will not change the active mining area or intensity over what
now exists--actually, what is being proposed outlines stricter
conditions than now exist, and will continue on with the new owner
if the property is ever sold. Ms. Liley noted that the expansion
area will create some stability and certainty in the area because
everyone will know what is going to happen in the future. To
address the concern that the operation should not be expanded
from 1 acre to 2.5 acres, Ms. Liley noted the 1985 permit was
for 1 acre of active quarrying and did not address the reclamation
area; the 2.5 now recommended is a combination of active quarrying
and reclamation and only about 1 acre of actual quarrying would
be going on at any given point in time and the rest of the 2.5
would be on-going concurrent reclamation. Ms. Liley stated that
if the Board only approves the north quarry, the applicant would
prefer to withdraw their application because of the stricter conditions
to be required.
At this time, the public testimony was closed and comments were
solicited from the Board. Commissioner Hotchkiss stated that
a compromise is needed--the Masonville area is growing and becoming
rural-residential with mining; he concurs with the recommendation
of the Planning Staff and Mr. MacFarlane's suggestions. Chair
Duvall expressed concern when urbanization starts putting encroachments
on activities that should and can only take place in the county,
such as agriculture, stone cutting, etc. Chair Duvall thinks
there should be an expanded reclamation plan submitted for the
whole area; she concurs with the recommendation of staff to deny
the opening of the south quarry. Commissioner Disney requested
clarification of several conditions; i.e., does the County have
the "where-with-all" to inspect overloaded trucks and
how this will accomplished. Commissioner Disney complimented
Mr. Sprague for his on-going reclamation efforts in this area,
and he also wants to see a reclamation plan to be made part of
the conditions so it is part of the record and future generations
will know what agreements have been made. Ms. Liley stated that
the applicant submitted a detailed reclamation plan to the State
and could be included in the conditions. Discussion followed;
Mr. Barnett suggested that the Board table this matter to a date
specific to allow time for staff to review the reclamation plan
and incorporate the suggested conditions into the proposed application.
M O T I O N
Commissioner Hotchkiss moved that the Board table the Carter Lake
Enterprises Special Review (#94-ZR0469) until October 17, 1994
to allow time for the Planning Staff to incorporate clarifications
regarding noise mitigation, planting of trees, and a detailed
reclamation plan into the conditions for approval.
Motion carried 3 - 0.
3. GREYROCK COMMONS PLANNED UNIT DEVELOPMENT AND
REZONING (#93-MS0345): SE 1/4 04-07-69; 1/4 MILE WEST OF
NORTH TAFT HILL ROAD (COUNTY ROAD 19) AND 1/2 MILE
NORTH OF VINE AT THE NORTH END OF BRIARWOOD DRIVE,
NORTH OF LIBERTY MEADOWS SUBDIVISION; 16.24 ACRES;
30 LOTS; FA-FARMING ZONING (09-12-94).
This is a request to develop a Planned Unit Development on 16.24
acres for 30 lots with townhomes attached in 2 to 4 unit groups
and 14.16 acres of common open space and to rezone from FA-Farming
to R-Residential. Ms. Bennett provided the project and site
description and reviewed the major concerns and issues; she noted
that this application is atypical from most applications coming
before the Board as it is being developed by the prospective residents
of the project. Ms. Bennett noted that transportation and traffic
issues are of the most concern to the adjacent property owners;
she reviewed the several variance requests from the Planned Unit
Development Resolution. Ms. Bennett submitted the resolution
just approved by the City of Fort Collins supporting this application
and approving the off-site street waiver with two conditions:
1) The standard fee be paid per unit at the time of building permit,
and 2) The residents would join an improvement district if one
is formed in the future in this area to improve off-site streets.
Ms. Bennett noted that the applicant has submitted a traffic
impact report; in addition to finding no significant impact at
the major intersection, their engineer did an evaluation of the
potential on the quality of life in the residential area surrounding
this project, and found there would be no significant change in
quality of life. Ms. Bennett stated she has received an equal
number of letters in opposition and in support of this application,
but noted that about one-third of the residents in Liberty Meadows
signed a petition in opposition. Ms. Bennett also addressed the
concern about access to the adjacent properties to the east and
west. Staff Findings include: 1) The proposed Greyrock Commons
Planned Unit Development is generally consistent with the Larimer
County Land Use Plan, the Intergovernmental Agreement, and the
Planned Unit Development Resolution concerning proposed use, density
of development and urban design; 2) Approval of the proposed Master
Plan, preliminary phase plan and rezoning, with the following
conditions, will not adversely impact adjacent uses, the transportation
system, provision of services or the natural environment.
Commissioner Hotchkiss asked Mr. Burns about the existing drainage
problems in this area; Mr. Burns responded that there are drainage
problems all around this area, but the applicant has worked with
the engineer to devise a system of drainage for this project and
this area which is workable and, hopefully, will not add to these
Doug Swartz, representing the Fort Collins Cohousing Committee
and the eleven families intending to live in this development,
if approved, informed the Board that they have been working on
this project for over two years and consider this a pro-active
project which will result in a very workable neighborhood. Mr.
Swartz provided an overview of the project, how it fits in the
vicinity, and addressed some of the UGARB concerns, such as: the
site design and how it will connect with existing neighborhoods,
the 100 ft. setback requirement, and the location of the roads
into Liberty Meadows. Karen Spencer reviewed the efforts which
have been made to alleviate the concerns of the neighbors noting
that they have gone door-to-door to talk to the neighbors and
have held two open houses to explain the project. With regard
to the impact on Irish School, she noted that currently the school
is 142 students below capacity and also noted that according to
the traffic impact study, the increased traffic will not have
a negative impact on the neighborhood. Ray Mow, representing
Merrick Company which did the traffic impact study, reviewed the
Liberty Drive daily volume and residential street volume thresholds
and noted that the traffic impact would be within an acceptable
standard. Jim Leach, project manager, submitted a booklet of
pictures to the Board showing other quality planned cohousing
communities which he has developed; he noted that the residences
will be individually owned homes and utilities will be separate
for each home. Dominique Gettliffe, architect, described the
architecture and layout of the homes and presented two illustrations
At this time the hearing was opened for public testimony; those
speaking in support of the proposed Greyrock Commons were: Dr.
Susan Lawton, Bill Weddell, Vic Barnard, Cindy Griffin, Lori Bayless,
Ruth Barnard, Jim Wartz, Diana Christian, Kara McMillan, Bill
Pace, John Hartman, and an unidentified woman; two letters of
support from Mary Lou Evans and Ann Azari, Mayor of Fort Collins,
were read aloud. John Hartman, resident living northwest of
the project, interjected publicly that he would like to swap easements
to reposition his access through the Greyrock Commons rather than
along the fence line of Liberty Meadows. To summarize the comments
of these persons supporting the proposal, they think the concept
of cohousing is exciting and could possibly change the current
growth patterns, the idea has much merit and will create a cohesive
neighborhood, and this design will enhance the neighborhood.
It was pointed out that this site could be developed with 3 to
5 units per acre if this concept is not approved and there is
a need for this type of affordable housing. Vic and Ruth Barnard
stated they live in a cohousing unit in Lafayette and wouldn't
consider not living in this type of cohousing development; they
noted that this cohousing concept is very successful in Denmark.
Those speaking in opposition to the project were: Donna Goins,
Angela Harden, Rob Wilson, Lynn Klaus, Mike Henggler, Tony Ties,
and Linda Ties; they cited their concerns of dissimilarity of
the project to the adjacent subdivisions, safety for the children,
consequences if this concept doesn't work, the incompatibility
of multi-family dwellings in the middle of single-family detached
homes, continuance of the open space area into the future, impact
on schools. They also noted that the 100 ft. variance is not
justified, the traffic impact study is subjective, the issue of
increased number of animals and pets in the area has not been
addressed, and they requested speed bumps and/or signage be installed
to slow down traffic., Ms. Bennett responded to the group that
these homes are considered single family homes, they are individually
owned, they just do not have side yards.
Mr. Swartz responded to some of the concerns raised and noted
the Greyrock Commons residents are just as concerned about child
safety and are willing to work with the existing neighborhoods
to reduce speed in the area and do whatever else is necessary
for child safety. In summary, he stated that Greyrock Commons
is a carefully planned infill development which meets the goals,
objectives and regulations of both the Larimer County P.U.D. Resolution
and the IGA Agreement for the Fort Collins UGA; this is a forward-looking
project which will result in a great neighborhood and that is
what has guided their planning from the start. Mr. Swartz emphasized
that this area is part of the UGA and will develop rapidly over
the next few years and compared with many projects that could
be proposed for this site, Greyrock Commons will have low impact
on the adjacent neighborhoods.
At this time, the public testimony portion of the public hearing
was closed and comments from the Board were solicited. Commissioner
Hotchkiss stated that he sympathizes with the neighbors; however,
the fear of the unknown is the problem and it is unwarranted.
Chair Duvall stated that she favors this type of housing, it
is innovative and the direction we need to go in the future; however,
she would like to see some safeguards included in the conditions
for the existing neighborhood regarding traffic control and to
explore the idea of a conservation easement so the open space
area is protected.
The Staff Recommendations are for approval of the Master Plan for Greyrock Commons Planned Unit Development, approval of the rezoning from FA-Farming to R-Residential, and approval of the following variances: 1) Approval of the Off-Site Road Waiver, with the condition that a street impact fee of $700 per unit be paid at the time of building permit issuance and that owners agree to join a road improvement district if one is formed in the future; 2) Approval of the private road system with 24' pavement width without curb, gutter and sidewalk, provided requirements of the County Engineer are met; 3) Approval of the proposed lot size variance; 4) Approval of the proposed structures other than detached single-family residences within 100' of the southern boundary of the project. After the lengthy discussion, the Staff recommendation for conditional approval of the Phase Plan for Greyrock Commons Planned Unit Development was amended as follows: 1) All conditions and requirements of the County Engineer, the Poudre Fire Authority, the Elliot lateral, and the New Mercer Ditch Company, and the utilities must be reflected in the Final Plat and final utility and drainage plans; 2) An annexation agreement must be submitted with the Final Plat' 3) An Amended Plat for Briarwood Minor Residential Development must be submitted at the time the Final Plat is submitted; 4) The following notes must appear on the Final Plat: A) Off-Site Road Improvement Fees of $700 per unit shall be collected at the time of building permit issuance and the residents will agree to join an improvement district, if one is formed in the future, to improve off-site streets; B) Park Fees shall be collected at the time of building permit issuance; C) Radon testing shall be required prior to issuance of a Certificate of Occupancy; D) All construction shall be consistent with the recommendations of the Geotechnical Engineering Report; engineered foundations shall be required; E) Road maintenance is the responsibility of the Homeowner's Association of Greyrock Commons Planned Unit Development; F) An annexation agreement has been executed for this property; 5) Access agreements with adjacent property owners must be finalized prior to approval of the Final Plat; 6) The cul-de-sac bulb shall remain as public right-of-way; 7) Speed control measures shall be provided by appropriate signage and speed control devices in the pavement surface, as approved by the County Engineering Department; 8) The applicant shall explore the concept of creating a conservation easement on the designated native planting area. It was noted that the Urban Growth Area Review Board Recommendation is for denial of the proposal.
M O T I O N
Commissioner Disney moved that the Board adopt the Staff Findings
and Staff Recommendations and approve the Greyrock Commons Planned
Unit Development, Rezoning, Variances, and Phase Plan, with conditions
as amended (#93-MS0345).
Motion carried 3 - 0.
4. BUCK SUBDIVISION (#94-SU0469): SW 10-08-69; EAST SIDE OF
COUNTY ROAD 19, 1 1/4 MILES NORTH OF COUNTY ROAD 56;
36 ACRES; 3 LOTS; RE-RURAL ZONING (9-12-94).
This is a request for a Preliminary Plat to divide a 36 acre lot,
with an existing residence, into 3 lots of 10, 10 and 16 acres
for single family residential use. Mr. Kadera reviewed the site
location and noted this would have been a consent item except
opposition was raised at the Planning Commission concerning the
effect of new residential development in the area on existing
agricultural operations and concern for what type of homes will
be constructed. Mr. Kadera stated that additional conditions
for approval were added and Mr. Buck has submitted a proposed
set of covenants for the subdivision which will be amended to
address these concerns. Staff Findings include: 1) The proposed
Buck Subdivision is consistent with the zoning of the site and
with existing lots in the immediate area; 2) The Land Use Plan
identifies this area as "Rural" which suggests low intensity
uses that do not require urban services; it appears that the proposed
lots fit this description; 3) Paved access to this site on County
Road 19 alleviates some concerns about dusty gravel roads that
require considerable maintenance; 4) Approving the proposed Buck
Substation, with the following conditions, will not result in
any significant negative impacts on surrounding properties, utility
services, transportation facilities or the natural environment.
The Staff/Planning Commission Recommendations are for approval
of the Variance to permit a cul-de-sac that is 1,089 feet long,
rather than 660 feet as permitted by the Subdivision Resolution,
with the condition that residential fire sprinkler systems be
installed in any new residential structures on this site; and
approval of the Preliminary Plat for Buck Subdivision, with the
following conditions: 1) The Final Plat for this project shall
be completed in strict conformance with the conditionally approved
Preliminary Plat, including all notes on the Preliminary Plat
submitted for review; 2) The Final Plat shall be completed in
strict conformance with the minimum requirements of the Larimer
County Subdivision Resolution; 3) The area east of the 100-foot
setback line from Dry Creek shall be identified as "Non-Buildable"
on the Final Plat; 4) In addition to dedicating the additional
right-of-way for County Road 19, the Final Plat shall identify
the 100-foot setback from the centerline of the County Road; 5)
The note concerning radon tests shall be modified to require passive
radon mitigation in any new residential structures, with a radon
test conducted after construction; 6) A note shall appear on the
Final Plat concerning the use of this area by wildlife that might
lead to conflicts with lot owners. The Division of Wildlife and
the County will not be responsible for damage or injury caused
by wildlife; 7) The applicant shall submit a written commitment
from the Northern Colorado Water Association for domestic service
to these lots; 8) The applicant shall identify the source of water
to fill the pond and submit that information to the State Engineer
with the Final Plat application. The source of irrigation water
shall be forwarded to the Water Commissioner for review with the
Final Plat application; 9) The Final Plat application shall include
a plan for distributing irrigation water to the proposed lots.
The homeowners documents shall identify the low owners rights
and responsibilities with regard to the irrigation water. Maintenance
and payment of fees shall be specifically addressed; 10) A note
shall be added to the Final Plat to notify prospective lot owners
that the Parks Department is interested in acquiring an easement
for a non-motorized trail along Dry Creek; 11) All improvements
required to serve these lots shall be included in a Subdivision
Improvements Agreement which is secured by appropriate collateral
to guarantee that the improvements will be completed; 12) The
following note regarding agricultural uses in the area shall be
placed on the Final Plat and in the covenants: Prospective lot
owners should be aware of the existing agricultural activities
in this area. Agricultural uses often result in noise, odors,
and/or dust that might not be compatible with residential uses.
Larimer County will not take any action to stop or hinder legal
agricultural uses of property in this area. The applicant shall
be required to provide Staff with the names and addresses of all
the agricultural operations within one mile of this subdivision
so they can be notified of the action taken by the Board during
today's public hearing; 13) The protective covenants will address
housing style and architectural features.
Russell Buck, applicant, addressed the Board and stated that of
the 36 acres, only 10 acres is conducive for agricultural use,
other than pasture; he also noted that there are a considerable
number of homes built on surrounding properties. Dennis Craig
spoke in opposition to this request stating that he wants to preserve
the feeling of country, which now exists, and noted that the adjacent
neighbors are also opposed. Mr. Craig concurs with the additional
conditions which Mr. Kadera suggested and requested they also
be included in the covenants.
M O T I O N
Commissioner Disney moved that the Board adopt the Staff Findings
and Staff/Planning Commission Recommendations and approve the
Buck Subdivision (#94-SU0469), with conditions as amended.
Motion carried 2 - 1; Chair Duvall dissenting.
The meeting adjourned at 2:20 p.m.
TUESDAY, SEPTEMBER 13, 1994
FINANCE DEPARTMENT QUARTERLY MEETING
The Board of County Commissioners met at 10:30 a.m. in regular
session with Bob Grewell, Director of Finance. Chair Pro-Tem
presided; Commissioner Hotchkiss was present. Chair Duvall will
be out of town the remainder of the week. Also present were Dana
Klausmeyer, Controller, and Frank Lancaster, Interim County Administrator.
Recording Clerk, S. Graves.
Mr. Grewell submitted a written report to the Board from Jeffrey
Barnes, CPA for Hunt, Spillman & Associates, outlining the
progress of the audit for Larimer County: 1) They are completing
the June 30 Mental Health audit which is due to the Division of
Mental Health by the end of September; 2) Mr. Barnes will be showing
the Relationship Awareness video at the Department Head Meeting
on October 21, 1994 and extended an invitation to the Board to
attend: 3) Ms. Klausmeyer recently submitted the schedule when
the Finance Department's information will be available for the
1994 audit and they are in the planning stages for that engagement.
Mr. Grewell discussed Ms. Klausmeyer's resignation with the Board,
noting that she has been with the Department for 13 years and
has done a terrific job. Mr. Grewell invited the Board to attend
the farewell reception for her this Friday, September 16 from
2 to 4 p.m. in the Commissioner's Hearing Room. With regard to
Ms. Klausmeyer's replacement, Mr. Grewell will fill in until the
position is filled. Mr. Grewell indicated he would like to
have a meeting with the Board in the near future to discuss the
position as he understands that it is the Board's intention to
make this position appointed rather than classified; the Board
concurred and an Executive Session will be scheduled soon for
With regard to the request for proposal (RFP) for a re-examination
of the Automated Resource Management System (ARMS), the county's
financial management software, Mr. Grewell would like to delay
sending out the RFP for at least a month to allow time to do it
Chair Pro-Tem Disney asked about the status for hiring a person
for the loss prevention position in Risk Management; Mr. Grewell
updated the Board and noted that, after reviewing the applications
submitted, the recommendation of the committee was to readvertise
for the position. Mr. Grewell will keep Mr. Lancaster apprised
of the progress for hiring someone for this position.
Chair Pro-Tem Disney expressed appreciation to Ms. Klausmeyer
for her years of service to Larimer County and stated that the
Board is sad to see her leave, but wish her the best.
The meeting adjourned at 10:05 a.m.
PERSONNEL STANDING MEETING
(#119 @ 1600)
The Board of County Commissioners reconvened at 2:00 p.m. in regular
session with Ralph Jacobs, Director of Personnel. Chair Pro-Tem
Disney presided; Commissioner Hotchkiss was present. As noted
previously, Chair Duvall will be absent the remainder of this
week. Also present were: Patsi Maroney, Compensation & Benefits
Specialist; Neil Gluckman, Assistant County Administrator; and
Frank Lancaster, Interim County Administrator. Recording Clerk,
1. Family and Medical Leave Act Policies: Mr. Jacobs requested the Board to amend Sections 624 and 613.A.5 of the Larimer County Personnel Manual. Mr. Jacobs stated that Larimer County is required to comply with the Family and Medical Leave Act of 1993; Section 624 of the Personnel Policy Manual contains the policies by which the County carries out its compliance obligation and these policies have been revised following a long and extensive process of consultation with department heads and other employees. Mr. Jacobs reviewed the changes to be made to both sections and outlined the advantages and disadvantages for the Board. Mr. Jacobs stated he has talked to members of the Executive Council about these revisions and only one concern was raised by the Sheriff's Department, which has been addressed; in addition, copies of these policy revisions will be distributed to all department heads in the County with instructions for them to share the revisions with their employees.
Commissioner Disney recommended sending a note of appreciation
to those employees who contributed comments regarding these revisions..
M O T I O N
Commissioner Hotchkiss moved that the Board adopt the revisions
to amend Sections 624 and 613.A.5 of the Larimer County Personnel
Manual, as recommended by Mr. Jacobs.
Motion carried 2 - 0.
2. Cafeteria Benefits Study: Ms. Maroney reported on the results
of the flexible benefits "cafeteria plan" study recently
conducted by Jane Jensen, benefits consultant at the Mercer Company.
The County has had a "basic" cafeteria plan since
1989 whereby employees have a choice between three different health
insurance plans and the option of using pre-tax dollars through
the Flexible Spending Account plan. The reason for the study
was to consider expanding our current "cafeteria plan"
within the limits allowed by the I.R.S. in order to be more beneficial
to both the County and to the employees. Ms. Jensen's recommendation
is: 1) The County expand the benefits we offer by adding a voluntary
vision plan and voluntary supplemental life insurance for employees
and their dependents; 2) The current sick leave benefit should
be altered and converted into a short-term disability coverage;
and 3) The County should go to more of a "total compensation"
model. Ms. Maroney stated that they are beginning the process
of getting employee input about the proposed changes and implementation
of these changes will not take place before January 1, 1996.
Ms. Jacobs noted that the most controversial part of these changes
is the shift to short-term disability insurance.
Commissioner Hotchkiss expressed a concern with the mechanical
aspect of "cafeteria style" choices; he cautioned Mr.
Jacobs and Ms. Maroney to consider the cost and the possibility
of adverse selection when considering expansion of the "cafeteria
3. Other: Commissioner Hotchkiss asked Mr. Jacobs if they have
an estimate for increased costs for the medical and dental packages
for next year; Mr. Jacobs stated that have a meeting scheduled
next week with Blue Cross/Blue Shield regarding the medical package
and will have more information for the Board after that meeting.
M O T I O N
Commissioner Hotchkiss moved that the Board go into Executive
Session to discuss several personnel matters.
Motion carried 2 - 0.
The meeting adjourned at 3:30 p.m.; no action taken.
WEDNESDAY, SEPTEMBER 14, 1994
The Board of County Commissioners met at 9:30 a.m. in regular
session with Frank Lancaster, Interim County Administrator. Chair
Pro-Tem Disney presided; Commissioner Hotchkiss was present.
As noted previously, Chair Duvall is out of town the remainder
of this week. Also present were: John MacFarlane, Parks Director;
John Hafnor, President Horsetooth Field of Dreams Association;
Sheriff Richard Shockley; Sgt. Bill Nelson, Emergency Operations;
Erik Nilsson, Emergency Management; Captain Gary Darling; Operations
Division; Elizabeth Lowes, Manager Information Services; Bob Keister,
Budget Manager; and Dick Anderson, Facilities Manager. Recording
Clerk, S. Graves.
1. REQUEST FOR APPROVAL AND SIGNATURE ON A "LICENSE FOR BALL FIELD OPERATIONS AT HORSETOOTH RESERVOIR" (HORSETOOTH FIELD OF DREAMS): Mr. MacFarlane submitted a License (Agreement) for the Horsetooth Field of Dreams and requested Board approval and the Chair Pro-Tem's signature. Mr. MacFarlane stated that this license will allow the Field of Dreams Association to build, maintain and operate a youth ballfield at the Inlet Bay area of Horsetooth Reservoir; this land is owned by the Bureau of Reclamation and leased by Larimer County for recreational use; this field will be open during the daytime and available for public use. Mr. MacFarlane noted that this license has been reviewed and approved by the County Attorney George Hass and there is no cost to the County, except that Mr. MacFarlane has agreed to remove the trash. Mr. Hafnor stated that postcards were sent to the adjacent property owners and an open public meeting was held at which 42 people attended and everyone was very supportive of the ballfield.
M O T I O N
Commissioner Hotchkiss moved that the Board approve the License
for Ball Field Operations at Horsetooth Reservoir, and authorize
the Chair Pro-Tem to sign same.
Motion carried 2 - 0.
A94-141 LICENSE (AGREEMENT) BETWEEN THE BOARD OF COUNTY
COMMISSIONERS AND HORSETOOTH FIELD OF DREAMS
ASSOCIATION (Ball Field at Horsetooth Reservoir)
2. COMPLAINT FROM RESIDENT IN CEDAR COVE: Mr. MacFarlane stated
that after the 1976 flood, the Parks Department dealt with the
Federal Government and using Parks money purchased a large number
of parcels in the Big Thompson Canyon; they have tried to keep
these parcels open space and natural areas. Now, an individual
has built a rather large horse barn on a parcel, knowing it was
owned by the County; Mr. MacFarlane told him to remove it and
gave him a deadline for removal. This man called Commissioner
Disney and would like to lease or buy the property; the County
cannot sell the property under the terms of ownership when the
county was given deed to the property after the 1976 Big Thompson
Flood, and if they lease the property, Mr. MacFarlane will have
numerous requests to lease other parcels. CONSENSUS OF THE BOARD
was to enforce current policy and the horse barn must be removed
from the site.
3. DISCUSSION REGARDING RELOCATION OF EMERGENCY MANAGEMENT AND
EMERGENCY SERVICES: As requested by the Board several weeks ago,
Mr. Anderson investigated several possible sites for the relocation
of Emergency Management and Emergency Services in order to vacate
space in the Courthouse for expansion of the Planning and Information
Management Offices. The option of relocating to the North Shields
Facility would cost approximately $325,000, which includes $10,000
for the relocation of micrographics into the existing Emergency
Services office. Sgt. Nelson stated that the idea of relocating
to the North Shields Facility has been met favorably with the
department, as it will allow them to be with their equipment in
a centralized location; the move will be beneficial to the County.
Sgt. Nelson noted that disadvantages to the move, which may not
have been considered and included in the cost for moving, are
cleaning and maintenance of the facility, utilities, mail delivery,
copy machine, etc. Sheriff Shockley stated that the Board must
decide if this relocation is to be permanent or will they be relocated
when the Detention Center is expanded. Commissioner Hotchkiss
expressed astonishment for the cost of relocating and asked for
clarification why they were requesting four times the amount of
space that they have in the Courthouse and queried if this North
Shields location isn't in the floodplain; he was assured that
this site is on a peninsula and not in the floodplain. Chair
Pro-Tem asked for a recap of the cost for moving the Planning
Department out of the Courthouse, either into rental space or
into a modular. There was discussion of the option for putting
a modular at the North Shields location for Emergency Services;
Chair Pro-Tem Disney requested Mr. Anderson to explore this possibility
and cost. After further discussion of other options, the Board
stated they are receptive to the idea of relocation, but they
directed Mr. Anderson and Emergency Management and Services Staff
to "wring the water out of the towel" on space, etc.
in an attempt to reduce the cost for relocation. Also, Chair
Pro-Tem Disney requested a spread sheet be prepared showing the
costs for the various options; the Board would like this information
within two to three weeks
4. DISCUSSION REGARDING ETS DIRECTOR: Subsequent to taking all
the required steps and advertising internally for the vacant position
of Employment and Training Services Director, the Board took the
M O T I O N
Commissioner Hotchkiss moved that the Board appoint Ms. Joni Friedman
to fill the vacancy of Employment and Training Services (ETS)
Director at a salary of $45,471; this appointment to be effective
Motion carried 2 - 0.
-- Mr. Lancaster requested the three Commissioners sign a letter
of support to the National Endowment for the Arts for funding
for the Rocky Mountain Dharma Center Development Project; the
Board quickly obliged.
-- Mr. Lancaster advised the Board that once a month Mr. Gluckman,
Assistant County Administrator, will conduct Administrative Matters.
-- Mr. Lancaster submitted a tentative listing of dates, times
and locations for "County Seat for a Day" meetings from
October 1994 through December 1995 with one scheduled every other
month; the Board approved the schedule.
-- Bob Keister noted that on June 14 of this year, the Board
authorized the acceptance of a lease purchase agreement for leasing
equipment from Documatrix Corporation for the Clerk and Recorder's
Office. Mr. Keister advised that the Board should authorize
the pay off of the lease, pay the penalty, and buy the equipment
outright, as the interest rate on this lease purchase is 9.4%.
Mr. Keister recommended that in the future if departments come
to the Board and ask to lease purchase an item under $100,000,
the Board should consult with Mr. Keister before authorizing the
lease purchase, to determine if funds are available to purchase
the item and avoid paying high interest costs. Today, Mr. Keister
requested authorization from the Board to pay off the aforementioned
lease purchase and buy it outright; he noted the County will be
paying a $3,000 penalty, but saving $6,000 in additional interest
M O T I O N
Commissioner Hotchkiss moved that the Board authorize the expenditure
of the necessary monies, at the current pay-off rate, to pay off
the lease purchase agreement with Documatrix Corporation for four
microfilm reader printers for the Larimer County Clerk and Recorder's
Office; these monies to be derived from the Capital Expenditures
Motion carried 2 - 0.
-- Mr. Lancaster asked which Commissioner will attend the Department
Head Meeting this Friday, September 16; as Commissioner Disney
will be Denver that day, Commissioner Hotchkiss stated he will
6. DOCUMENT REVIEW: The following documents, of a routine nature,
were considered by the Board:
M O T I O N
Commissioner Hotchkiss moved that the Board approve the Minutes
of September 5, 1994 and the Agenda for the week of September
19, 1994, as submitted.
Motion carried 2 - 0.
M O T I O N
Commissioner Hotchkiss moved that the Board approve the Public
Utilities Commission Application.
Motion carried 2 - 0.
LIQUOR LICENSES: County Approval was granted to the Charco Broiler
- 6% - Fort Collins, CO. and the Summit Restaurant - 6% - Loveland,
M O T I O N
Commissioner Hotchkiss moved that the Board approve the following
R94-110s FINDINGS AND RESOLUTION GRANTING THE VACATION
OF UTILITY EASEMENT IN NAMAQUA HILLS, 2ND
R94-111s FINDINGS AND RESOLUTION GRANTING THE APPEAL OF
THE O'DONNELL MINOR RESIDENTIAL DEVELOPMENT
R94-112g RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
(Authorization of Loren B. Schall, Assistant District Attorney, to
represent and defend the Larimer County Clerk and Recorder in a
Motion carried 2 - 0.
At this time, Marla Hehn, Assistant County Attorney, and Bob Grewell,
Director of Finance, joined the meeting for Legal Matters.
Mr. Grewell reminded the Board that in 1979 Larimer County issued
$1,200,000 in industrial development bonds; in 1984 there was
$1,050,000 remaining and taken over by another company. Mr. Grewell
stated that there is now $350,000 remaining of that original issue
and the issuer has asked that it be split into two different notes
of $260,000 and $90,000 and he requested authorization from the
Board and the Chair Pro-Tem's signature to execute these two replacement
bonds (R58A and R58B), as reviewed and approved by Ms. Hehn.
M O T I O N
Commissioner Hotchkiss moved that the Board approve the reassignment
of these industrial development revenue bonds, and authorize the
Chair Pro-Tem to sign.
Motion carried 2 - 0.
The meeting adjourned at 10:45 a.m.
JANET S. DUVALL, CHAIR
BOARD OF COUNTY COMMISSIONERS
( S E A L )
Sherry E. Graves, Deputy County Clerk
September 12, 1994