Elk in Rocky Mountain National Park
 

PROCEEDINGS OF THE BOARD OF COUNTY COMMISSIONERS

MONDAY, JUNE 5, 1995

SUBDIVISIONS

(#299)

The Board of County Commissioners met at 9:00 a.m. in regular session with John Barnett, Director of Planning. Chair Disney presided; Commissioners Clarke and Duvall were present. Also present were: Al Kadera, Subdivision Administrator; Carol Evans, Planner I; Rex Burns, Engineering; Rich Grossmann, Environmental Health; and Jeannine Haag, Assistant County Attorney. Recording Clerk, S. Graves.

Mr. Barnett requested that the Floyd Hicks Subdivision Replat be removed from today's consent agenda and Commissioner Duvall requested that the Cimarron Lake Tract A, Lots 20-24 Amended Plat be removed from the consent agenda.

Mr. Barnett noted that the following are consent items and will not be discussed in detail unless requested by the Board or members of the audience.

1. CARRIAGE HILLS 1ST FILING, LOTS 33 & 34 AMENDED PLAT

(#95-SA0699): 01-04-73 SOUTH OF ESTES PARK; 2.78 ACRES;

2 LOTS; E-ESTATE ZONING (6-05-95)

This is a request to combine two existing lots resulting in one building lot. Staff Findings include: 1) Carriage Hills First Filing was approved in 1965; 2) The owner of Lots 33 and 34 wishes to build a house near the middle of the site. The common lot line and the utility easement adjacent to the lot line must be removed before a structure can be placed in this location; 3) The County Health and Engineering Departments and all utilities serving this area reviewed the proposed Amended Plat and stated no objections. The Staff Recommendation is for approval of the Amended Plat of Lots 33 and 34, Carriage Hills First Filing, and the vacation of the utility easement platted along the common lot line.

2. CENTRO BUSINESS PARK, LOTS 4 & 5 AMENDED PLAT (#95-SA0698):

09-07-68; NORTH SIDE OF HIGHWAY 14, WEST OF INTERSTATE 25;

1.11 ACRES; C-COMMERCIAL ZONING (6-05-95)

This is a request to combine two existing lots resulting in one building site. Staff Findings are: 1) Centro Business Park was approved in 1980 as Weicker Business Park; 2) The owner of Lots 4 and 5 wishes to place a building in the center of these lots. This Amended Plat is intended to accommodate the new building by removing the intervening lot line and utility easement; 3) The County Health and Engineering Departments, and all utilities serving this area, reviewed the proposed Amended Plat and utility easement vacation and stated no objections. The Staff Recommendation is for approval of the Amended Plat of Lots 4 and 5, Centro Business Park and the vacation of the utility easement adjacent to the common lot line.

3. TAFT CANYON BLOCK 5, LOTS 73 & 74 AMENDED PLAT (#95-SA0697):

33-07-69; WEST OF COUNTY ROAD 19, SOUTH OF COUNTY ROAD 38E;

.82 ACRES; 2 LOTS; R-RESIDENTIAL ZONING (6-05-95)

This is a request to combine two existing lots resulting in one building site. Staff Findings include: 1) Taft Canyon was approved in 1979; 2) This request is to combine two existing lots to result in one building site; one house will be constructed on this site across the existing lot line; 3) The County Health and Engineering Departments, and all utilities serving this area, have reviewed the proposed Amended Plat and stated no objections; 4) The homeowners association for Taft Canyon supports this application. The Staff Recommendation is for approval of the Amended Plat of Lots 73 & 74, Block 5, Taft Canyon P.U.D.

4. TAMASAG RANCH SPECIAL REVIEW (#94-ZR0531): S 1/2 30-08-69;

SOUTH OF COUNTY ROAD 52E, 1/2 MILE WEST OF U.S. 287,

NORTHEAST OF THE CACHE LA POUDRE RIVER; 29.7 ACRES;

1 LOT; O-OPEN ZONING (6-05-95)

This is a request for Special Review to allow a non-profit conference center for day use only; the Center is to be operated by Colorado State University. Staff Findings are: 1) This property is located in the Cache La Poudre River Corridor area of the LaPorte Area Land Use Plan and appears to meet the objectives and policies for that area. On October 18, 1994, the LaPorte Area Planning Advisory Committee unanimously voted to approve the Tamasag Ranch Special Review as presented; 2) The property is located in the FW-Floodway Zoning District of the Cache La Poudre River Floodplain. The structures are non-conforming; proposed addition does not exceed limits allowed for changes to existing structures so no variance is required; 3) The County Engineering Department, Health Department, Parks Department, Poudre Fire Authority, Colorado Division of Wildlife and other reviewing agencies have reviewed this proposal and stated no objections as long as certain conditions are met; 4) Approval of the Tamasag Ranch Special Review, with certain conditions, will not result in significant negative impacts on surrounding properties, provision of services or transportation and will not impair the public health, safety or welfare. This proposal will be a low impact use that will also act to preserve this area along the Cache La Poudre River.

The Staff/Planning Commission Recommendation is for approval of the Tamasag Ranch Special Review, with the following conditions: 1) Operation of the conference facility shall be in strict compliance with the following: a) Only day use is permitted; no overnight accommodations shall be provided (other than for the on-site caretaker). The facility may be open daily; hours of operation shall be 8:00 a.m. to dusk; b) No more than 35 people can occupy the facility at any one time; c) This facility shall be used for meetings of non-profit groups and charitable organizations for the purposes of business, retreats and seminars; the facility shall not be used purely for social gatherings; d) The facility shall be run by a non-profit group; e) No expansion beyond this proposal will be allowed without approval of an amended special review or other zoning action by the Larimer County Board of Commissioners; 2) The applicant shall submit a flood emergency notification and evacuation plan no later than 60 days following approval by the Board of Commissioners; this plan shall address concerns of the Floodplain Administrator and must be approved by him prior to operation; 3) The applicant shall submit a cross-section diagram of access intersection with County Road 52E showing realignment as required by the County Engineering Department, along with a narrative description of the access improvement plans. A pavement design report for the access drive must also be submitted. The access and paving plans must be approved by the County Engineering Department prior to issuance of a building permit for the addition. Access changes and paving shall be completed and approved prior to issuance of a letter of completion from the County Building Department for the addition to the lodge facility. The structure shall not be occupied until the access improvements are completed and approved; 4) Unless otherwise modified by the above conditions, all development and use of the subject property shall be consistent with Zoning File Exhibit A (Tamasag Ranch Proposal narrative and brochure, Application for Special Review of the Project known as Tamasag Ranch, dated December 20, 1994, and Special Review Site Plan and Landscape Plan dated December 20, 1994).

5. ROBBS MINOR RESIDENTIAL DEVELOPMENT (#94-EX0434):

NW 32-09-68; SOUTH EAST CORNER OF THE INTERSECTION OF

COUNTY ROAD 64 AND COUNTY ROAD 11; 10.4 ACRES; 2 LOTS;

O-OPEN ZONING (6-05-95)

This is a request to divide a 10.4 acre parcel with 2 existing dwellings into 2 lots of 3.7 and 6.7 acres; the Minor Residential process is required because a lot size variance was required. No additional dwelling units or vacant lots will be created. Staff Findings include: 1) The proposed Robbs MRD will create separate lots for two existing dwellings on the property; 2) A lot size variance was approved by the Board of Adjustment on October 26, 1994 to allow creation of lots smaller than the 10-acre minimum required in the O-Opening District; the proposed lots are 3.7 and 6.7 acres in size; 3) The Board of County Commissioners approved an appeal to allow this request to be reviewed through the Minor Residential Development process; 4) The approval of the Robbs MRD, with certain conditions, should not result in any significant negative impacts on surrounding properties, the natural environment, or the provision of services and transportation.

The Staff Recommendation is for approval of the Robbs MRD, with the following conditions: 1) A written agreement that addresses shared use of, access to and maintenance of the well that serves the two dwellings shall be submitted. This agreement shall be recorded with the Final Plat; the Plat shall note that an agreement regarding use and maintenance of the water well is being recorded along with the Plat. The Final Plat shall provide utility easements for the well and any service lines that cross lot boundaries; 2) Sufficient additional right-of-way to create a half right-of-way of 35 feet for County Road 11 along the frontage of this property shall be dedicated on the Final Plat (an additional 5 feet is required). Sufficient additional right-of-way to create a half right-of-way of 50 feet for County Road 64 along the frontage of this property shall be dedicated on the Final Plat (an additional 20 feet is required); 3) The Final Plat shall dedicate a 40' access easement for a future common driveway; a minimum 70' diameter turnaround must be provided at the end. Construction of a common driveway would be required IF either of the existing dwellings is replaced with a new house; this requirement and the requirement to obtain an access permit prior to construction shall be noted on the Final Plat. A sight distance analysis of the proposed common driveway location must be submitted before recording the Final Plat; 4) The Final Plat shall note that if new dwellings are constructed on these lots, the Section 2.8 Road Fee of $3,019 would be collected at time of building permit issuance; 5) The Final Plat shall show the existing ditch right-of-way for the Poudre Valley Canal which extends 20' from the top of the ditch bank outward. No development should be allowed within the ditch company right-of-way, and there should be no fencing or other structures/obstructions on the ditch company right-of-way; these restrictions shall be noted on the Final Plat; 6) A written agreement between the applicant and the North Poudre Irrigation Company shall be recorded with the Final Plat. If the ditch company determines that they do not require such a written agreement in this case, written notice of that decision should be submitted to the Planning Department prior to recording the Final Plat; 7) Payment of Larimer County Park fee is required if either of the dwellings on these lots is replaced with a new residential structure. The requirement to pay this fee at building permit issuance shall be noted on the Final Plat; 8) The Final Plat shall note that uses on these lots are limited to single family residential and permitted accessory uses; 9) The applicant shall pay all recording fees required for the Final Plat and any documents recorded with the Plat; 10) All conditions shall be completed and the Final Plat recorded by December 5, 1995, or this approval shall be null and void.

M O T I O N

Commissioner Duvall moved that the Board adopt the Staff Findings and Staff/Planning Commission Recommendations and approve the Carriage Hills 1st Filing, Lots 33 & 34 Amended Plat (#95-SA0699); Centro Business Park, Lots 4 & 5 Amended Plat (#95-SA0698); Taft Canyon Block 5, Lots 73 & 74 Amended Plat (#95-SA0697); Tamasag Ranch Special Review (#94-ZR0531); and the Robbs Minor Residential Development (#94-EX0434); each, with the conditions as outlined.

Motion carried 3 - 0.

6. CIMARRON LAKE TRACT A LOTS 20-24 AMENDED PLAT (#95-SA0700):

23-08-69; NORTH OF DOUGLAS ROAD (COUNTY ROAD 54) AND EAST

OF SHIELDS (COUNTY ROAD 17); 12.12 ACRES; 5 LOTS; FA-FARMING

ZONING (6-05-95).

This is a request to amend four lots by adding adjacent property above the high water line of Reservoir No. 4. Mr. Kadera submitted a map of the site to the Board and explained the changes along the reservoir. Staff Findings are: 1) Cimarron Lake Subdivision was approved in 1994; 2) The high water line for the reservoir adjacent to this site was found to be different from the boundary shown on the subdivision plat. This Amended Plat shows the correct high water line and adds the extra real estate to each adjacent lot; 3) The alignment of County Road 17, north of County Road 54H, was found to be in error on the Final Plat. This Amended Plat realigns the right-of-way to coincide with actual field conditions and amends the adjacent lot; 4) The County Health and Engineering Departments and all utilities serving this area reviewed the proposed Amended Plat and stated no objections. The Staff Recommendation is for approval of the Amended Plat of Lots 20 through 24 and Tract A, Cimarron Lake Subdivision.

Commissioner Duvall inquired about the reason for the change; Bill Hall explained that the original survey made by the ditch company was incorrect and this amendment will correct the error.

M O T I O N

Commissioner Clarke moved that the Board adopt the Staff Findings and Staff Recommendation and approve the Cimarron Lake Tract A, Lots 20-24 Amended Plat (#95-SA0700).

Motion carried 3 - 0.

7. FLOYD HICKS SUBDIVISION REPLAT (#94-SU0534): 02-04-69;

SOUTHWEST OF THE INTERSECTION OF U.S. HIGHWAY 287 AND

COLORADO HIGHWAY 60 ON THE NORTHEAST SIDE OF PAGE

PLACE; 2.23 ACRES; 4 LOTS; R1-RESIDENTIAL ZONING (6-05-95)

This is a request for the replat of Lots 5 and 12 to create four lots for single family residential use ranging in size from 18,750 square feet to 36,600 square feet (the largest lot has an existing dwelling). Mr. Kadera submitted a map of this site and reviewed the neighborhood and project with the Board; he noted the main issue to be discussed today is the road improvements being required for Page Place. Mr. Burns stated there are two areas of improvements being required; the drainage must be improved from the newly created lots and Page Place must be improved so hard surfacing is 24 feet in width, which is required in the Larimer County Subdivision Resolution. The Staff Findings include: 1) The proposed replat of Floyd Hicks Subdivision is consistent with the zoning of the site, with the land use designation for this area and with existing development in the area; 2) The applicant has demonstrated that adequate access and utilities can be provided to serve the proposed lots; 3) The Town of Berthoud recommended approval; 4) Approval of the proposed replat of Floyd Hicks Subdivision, with the following conditions, will not result in any significant negative impacts on surrounding properties, utility services, transportation facilities, or the natural environment.

Susan Szymanski, applicant, stated that they are requesting an exception to the requirement that they widen the street; she noted that Page Place is only two blocks long, not a highly traveled road, and by adding the proposed lots, the traffic in the neighborhood will only increase by approximately 4.5%. Ms. Szymanski noted that to require them to bear the burden of the expense to widen the whole street seems like a heavy burden. Applicant Frank Szymanski stated that this area has low to moderate income houses, for which there is a great need in Larimer County, and they want to keep the cost of the houses as low as possible; if the road is widened, they will have to pass that cost onto the consumer. The applicants noted they have no problem with the request to improve the drainage.

Commissioner Clarke asked about the traffic count on this road; Mr. Szymanski noted that Mr. Gleiforst of the Larimer County Engineering Department informed him it was 650 vehicle trips per day. Commissioner Duvall stated she would like to meet with the fire authorities to discuss if requiring these wide roads out in the county is really necessary. Much discussion followed among the Board; they were sympathetic to the applicants about the high cost of widening the road but also concerned with the high traffic count on Page Place. Mr. Burns stated that if the Board is going to allow this exception to policy he recommends that the subdivision resolution be changed accordingly. Commissioner Clarke stated this particular situation appears to fall in the category of hardship and does not warrant changing the standards, and it fills a need for low-cost housing in the county. If the variance is allowed, Mr. Burns recommended that "No Parking" signs be placed along Page Place and the conditions changed accordingly.

Therefore, the Staff/Planning Commission Recommendation for approval of the Preliminary Plat for the Replat of Lots 5 and 12, Floyd Hicks Subdivision, with the following conditions, was amended as follows: 1) The Final Plat shall be submitted in strict conformance with the conditionally approved Preliminary Plat; 2) The Final Plat shall be completed in strict conformance with the minimum standards of the Larimer County Subdivision Resolution, except that a variance shall be granted for minimum street width, due to hardship; 3) Minimum Fire Safety Standards shall be met for all new construction on this site. If fire sprinkler systems are to be used to meet the standard, a note on the Final Plat shall notify prospective owners of the requirement. The note shall indicate that sprinklers will not be waived unless fire hydrants, acceptable to the Loveland Fire Prevention Bureau, are provided; 4) Construction plans shall be subject to the review and approval of the County Engineer, Town of Berthoud, Loveland Fire Prevention Bureau, and the City of Loveland; and shall include a 16-foot wide hard surface street, signed for "No Parking"; 5) The access easement to Lots 2, 3 and 4 shall be widened to 40 feet and the easement shall be designated as an access, drainage and utility easement; 6) The following notes shall be placed on the Final Plat: a) Larimer County Park Fees shall be collected when building permits are issued for each dwelling unit on this site; b) The results of a radon test shall be submitted to the Planning Division after each new residential structure is completed, but before a Certificate of Occupancy is issued; c) Engineered foundation plans shall be required for any construction on this site; 7) The setback of 100 feet from the centerline of Page Place shall be identified on the Final Plat.

M O T I O N

Commissioner Duvall moved that the Board adopt the Staff Findings and Staff/Planning Commission Recommendation and approve the Floyd Hicks Subdivision Replat, with the conditions as amended.

Motion carried 3 - 0.

8. CRYSTAL LAKES FIRE PROTECTION DISTRICT (#95-RR0617):

CRYSTAL LAKES, WEST OF RED FEATHER (6-05-95)

This is a request to set a hearing date for the Board of County Commissioners' consideration of the proposed service plan. Mr. Kadera noted that the Planning Commission heard this proposal on May 17, 1995 and recommended approval; according to the Statute, staff is required to meet with the County Commissioners on their first regularly scheduled meeting at least ten days after the Planning Commission hearing to establish a hearing date for the Board of County Commissioners, at least 20, but not more than 30 days, after the Planning Commission meeting. The Staff Recommendation is for the Board of County Commissioners to set a hearing date for the Crystal Lakes Fire Protection District proposed service plan for Monday, June 26, 1995 at 9:00 a.m.

M O T I O N

Commissioner Clarke moved that the Board adopt the Staff Recommendation and set a hearing date for the Crystal Lakes Fire Protection District proposed service plan for Monday, June 26, 1995 at 9:00 a.m.

Motion carried 3 - 0.

9. BOARD UPDATE REGARDING GREAT WESTERN RAILWAY:

Mr. Barnett informed the Board that the Great Western Railway in the Loveland area is interested in developing a hazardous materials transfer station on or near the property of the old Great Western Sugar Plant. Mr. Barnett stated that Great Western has been informed of the county's process and procedure requirements and they had a concept technical review meeting last week with the City of Loveland Staff. Mr. Barnett assured the Board he will keep them apprised of this situation.

The meeting recessed at 9:50 a.m.

EXECUTIVE SESSION REGARDING A PERSONNEL MATTER

The Board of County Commissioners reconvened at 3:30 p.m. to discuss a personnel matter in Executive Session. Chair Disney presided; Commissioners Clarke and Duvall were present. Also present were: Ralph Jacobs, Director Human Resources; Suzanne Comcowich, Employee Relations/Classification Specialist; Neil Gluckman, Assistant County Manager; Frank Lancaster, County Manager; and George Hass, County Attorney.

M O T I O N

Commissioner Duvall moved that the Board go into Executive Session to discuss a personnel matter.

Motion carried 3 - 0.

The Board came out of Executive Session at 5:00 p.m. and took the following action:

M O T I O N

Commissioner Clarke moved that the Board terminate the services of Mike Burch, Risk Manager.

Motion carried 3 - 0.

The meeting adjourned at 5:05 p.m.

TUESDAY, JUNE 6, 1995

PUBLIC WORKS STANDING MEETING

(#300 & #301)

The Board of County Commissioners met at 9:30 a.m. in regular session with Rex Smith, Director of Public Works. Chair Disney presided; Commissioners Clarke and Duvall were present. Also present were: Bill Heiden, Director Road and Bridge; Elaine Spencer, Engineering Services Manager; Pam Duncan, Construction Engineer; Harry Lynam, Project Engineer; Erik Nilsson, Emergency Management Specialist; and Neil Gluckman, Assistant County Manager. Recording Clerk, S. Graves.

1. Slides at Horsetooth: Mr. Smith updated the Board on several slides which have occurred on 38E in the Horsetooth area; he stated that repairs will range from $50,000 to $500,000 and determination needs to be made how extensive they should be. Mr. Smith requested authorization from the Board to proceed with getting quotes from contractors on a time and material basis for the repairs, he noted that the initial cost will be covered out of Road of Bridge Funds; however, if the repairs get extensive, he will come back to the Board and ask for some emergency fund money. CONSENSUS OF THE BOARD was to authorize Mr. Smith to proceed with the necessary repairs and if it is determined that design work needs to be done, he will go with a bid contract.

2. Bridge on CR 5 over Poudre: Mr. Smith apprised the Board of a situation which has developed at the bridge on CR 5 south of Harmony over the Poudre River; he noted that the State is doing some underwater scour analysis and they have undermined one of the piers on the bridge. Mr. Smith stated they can't do anything with this problem until the water goes down; when that occurs, they will re-evaluate the situation to decide what to do on a permanent basis.

3. Brief Report on Past Weeks Activities: Mr. Nilsson reported that the Emergency Operations Center (EOC) opened last week; he noted there are a lot of road closures in the county; however, the situation has stabilized and they are waiting for Round #2 - which will probably be from runoff. Mr. Nilsson reported he met with Mr. Lancaster and Mr. Heiden yesterday and discussed how to approach releasing a series of press releases starting next week on Channel 14, in the newspapers, and radio announcements regarding what the county's response to flooding will be. The press releases will state that the county will not be giving sand bags out on an individual basis; however, they will publicize where they will be available for individual purchase. Mr. Nilsson noted that the plan is that the county will transport dump trucks of sand to be deposited in either city or county parking lots to have sand available to people who want to come and fill up bags; there will be personnel from Emergency Services available who will answer questions and give instructions on how to correctly fill the sand bags. The people will need to come with their own trucks, shovels, and bags. Mr. Nilsson reported on the current flow on the Poudre and made comparisons with the peak flow in '83. Commissioner Duvall thanked Mr. Nilsson for activating the EOC. At this time, Chair Disney discussed the existing drainage problems and resulting flooding in a subdivision along Fish Creek near Estes Park; he wondered if the county has someone to go in and assess the situation and help alleviate the situation if it is the county's fault. Mr. Smith cautioned we have to be careful with using county resources on private property because of liability; Mr. Gluckman will check with the County Attorney regarding this matter.

4. Drainage Issues: Mr. Smith noted that they are in the process of tabulating and developing an overall comprehensive listing of all the various drainage problems throughout the county to develop a policy to address them. Lengthy discussion followed regarding the drainage problem on the Rollins property at CR11 and 30; a video was shown of the site showing the ponding situation last year and this year. Mr. Smith described the road improvements completed this year on CR 30. He noted that the road project was not intended to correct the long-standing drainage problem on this property, nor was it their intent to make it worse; he offered a suggestion for what they can do in 1996 which might provide some relief from the ponding. Mrs. Rollins explained the situation prior to construction; she noted that the water use to drain within a day, now the water that is in the pond has been there since April. Ms. Rollins stated that the agreement they signed when they gave the ROW easement stated that the ditch along the road would be rebuilt and in her opinion, the new culvert is elevated about 6 inches higher than the previous one. Ms. Rollins suggested that the county reinsert the culvert at a lower elevation and dig a ditch to alleviate the problem. Mr. Smith stated that even if they would do these things, it would not solve the problem because there is no outlet for the water. Mr. Smith recommended that the county provide the outlet, as part of next year's projects; he noted that fences will need to be moved and additional right-of-way will need to be purchased because there is not enough ROW width to put in a deep ditch without going onto private property. Mr. Smith said they can go in and lower the culvert, as Ms. Rollins requested, but it won't help unless they provide an outlet. After further discussion, it was decided that the county will go out and lower the culvert and do some surveying to determine what exactly can be done to correct the problem.

5. Discussion of Washout on the X Bar 7 Road: Mr. Smith informed the Board that the X Bar 7 Road leads into 35 acre tracts and is not a county maintained road. JoAnn Gleason and Becky Martini came to address the Board about the situation; Ms. Gleason described the existing situation and noted that the 3-ft. culvert has washed out, the bridge is an island, the fire station is isolated, and there are 60 households in the area. Ms. Gleason further stated that the river is out of its banks and the homeowners spent over $7,000 last week for equipment to excavate and dredge and get one lane back; their road association has exhausted all their funds. Ms. Gleason stated they are not submitting a proposal to the Board at this time, however, she asked if there is something the county can do. Mr. Smith stated that they are a month behind on their own work and they don't have the county resources to come in and correct the problem. It was suggested to Ms. Gleason that the homeowners could form a special improvement district to appropriate funds to build a structure that could withstand a 100-year flood; Commissioner Clarke explained to Ms. Gleason how a special improvement district functions. Ms. Gleason will keep Public Works and Chair Disney informed of their situation and she will talk to the fire district about the possibility of an assessment.

6. Discussion of Other Road Problems: Commissioner Duvall described several other road problems which have arisen on FarView Drive; after discussion of the events which have occurred, Ms. Spencer offered to check with Ms. McKean, Right-of-Way Agent, to investigate the legality of the events. In response to other calls which Commissioner Duvall has received, she asked when grading will occur on Mirah Lane; Mr. Heiden responded that normally they would have completed 100% of the grading by this time of the year, but because of the inclement weather they have only completed 20%. Commissioner Duvall related several other complaint calls she received; after discussion, it was decided that in the future when the Board receives these complaints, they will send the names to Mr. Lancaster or Mr. Gluckman who will then decide if there are duplication calls relating to a particular problem and then send them on to Mr. Heiden.

7. Update on Closed and Previously Closed Roads in the County: Mr. Heiden provided a brief overview of the roads in the county that are currently closed and will have an impact on rescue and fire protection, etc.; he noted that the most concentrated road closures are in the Livermore district. Mr. Heiden also indicated which other roads in the county have been closed but are now open.

8. Goosh on the Roads: Commissioner Duvall stated that she is constantly being asked about the goosh that the county is putting on the roads and asked why the county keeps adding the red dirt, mud and clay rather than gravel; Mr. Heiden explained that what they are using is gravel, it just happens that the basic material is red. Commissioner Duvall asked if it could be the mag chloride that makes it gooshy and if ligum sulfate could be used instead; Mr. Heiden explained that ligum sulfate doesn't do as good a job long term.

9. Unpaved Road System: Mr. Smith informed the Board that there are over 700 miles of unpaved roads in the county and they only gravel 30 miles of road per year; Mr. Heiden noted that it is much more economical to pave a road than to gravel it.

10. Mr. Boney's Drainage Problem: Mr. Smith described Mr. Boney's drainage problem southeast of Loveland and he offered three options for the Board to consider: 1) Re-establish the open ditch; 2) Deepen the east ditch 2 1/2 ft.; or 3) Stall, as there is a MRD being proposed in this area and if it is approved, a dedicated easement would be required and drainage installed. Mr. Smith wanted to discuss these options with the Board so he could respond to Mr. Boney; he feels the county has some responsibility in this situation. After discussion, the Board decided they will wait on the MRD option.

The meeting recessed at 12:15 p.m.

MEETING WITH STATE FORESTER JIM HUBBARD

(#302)

The Board of County Commissioners reconvened at 2:00 p.m. in regular session with Jim Hubbard, Colorado State Forester. Chair Disney presided; Commissioners Clarke and Duvall were present. Also present were: Sgt. Bill Nelson, Emergency Operations; Dave Miller, United States Forest Service; and Dave Farmer, Bill Wilcox, and Steve Hart of the Colorado State Forest Service. Recording Clerk, S. Graves.

The purpose of this meeting was to discuss a program in which the County and State Forest Service would share and jointly fund a wildland fire migration specialist position. Before discussion of this shared position however, Mr. Hubbard described FEMA's position with regard to the Hourglass fire last year, noting that they did not get a FEMA declaration on Hourglass. Mr. Hubbard submitted a copy of a FEMA application, the 1994 Expenditure Summary of the Emergency Fire Fund, and an Invoice for the Hourglass fire. Mr. Hubbard described the FEMA procedures and qualifications for funding eligibility and noted that at the time of the Hourglass Fire, FEMA still required a principal advisor on the scene before allowing a declaration; a principal advisor is usually a U.S. Forest Service employee. Mr. Hubbard related that they called FEMA on Hourglass; however, the principal advisor was in Wyoming. Mr. Hubbard noted that FEMA's policy is that the fire must be approaching eminent threat to life and property and threatens to be a major disaster; if FEMA is called in after the homes have burned, even if there are fatalities, it doesn't count--their rationale is that FEMA assistance for fire is to avoid the loss of life and property and if it has occurred, you don't need additional assistance from the Federal Government. However, Mr. Hubbard noted that after last year and Hourglass, the Governor of Colorado was not happy about not getting a declaration on Hourglass and he called a meeting and wanted an explanation. As a result, the FEMA policy that a principal advisor must be on the scene has been changed and no longer required and the facts can be related by telephone; but unfortunately, the rule is not retro-active.

2. Fire Mitigation Specialist Position: Mr. Hubbard informed the Board that with regard to the Fire Mitigation Specialist position, he has worked with this same type of arrangement in Boulder and Jefferson Counties and from the State Forest Service's standpoint it is very productive and he is pleased to see this type of action being initiated by the county and very willing to support this position. Dave Miller informed the Board that he also has some help financially to get this position established and has the staff to get it going; however, he cannot commit beyond this year. Sgt. Nelson stated they will be doing this on a year-to-year basis and it makes sense to contract with the State Forest Service for one of their employees and have them be a part of the Planning Staff; he will design the job responsibilities and the position will start July 1, 1995 and the cost will be shared 1/3 (Federal, State and County) which will be between $15,000 to $18,000 each. Commissioner Clarke requested that a job description, goals, and a timetable for how the position will be designed and this information then presented to the Board.

The meeting adjourned at 2:45 p.m.

WEDNESDAY, JUNE 7, 1995

ADMINISTRATIVE MATTERS

(#303 & #304)

The Board of County Commissioners met at 9:30 a.m. in regular session with Neil Gluckman, Assistant County Manager. Chair Disney presided; Commissioners Clarke and Duvall were present. Also present were: Erik Nilsson, Emergency Management Specialist; Sgt. Bill Nelson, Emergency Operations; Ralph Jacobs, Director Human Resources; Stacy Hart, Staff & Development Specialist; Aimee Jensen, Staff Services Manager Clerk's Office; Joan Duchene, Commissioner's Office Supervisor; and Donna Hart, Assistant to the County Manager. Recording Clerk, S. Graves.

1. GUIDELINES FOR FLOOD ASSISTANCE: Mr. Nilsson and Sgt. Nelson presented the Guidelines for Flood Assistance and requested feedback from the Board about same. The Board reviewed the Guidelines in detail and made suggestions for revisions and it was suggested that they list the things they will do rather than the things they will not do to give a positive tone to the Guidelines. Much discussion followed.

2. REVIEW OF FINANCE DIRECTOR POSITION: Mr. Jacobs submitted the job description for the vacant Financial Services Director position; he noted that he and Mr. Lancaster have worked together on this job description and they are ready to post, advertise, set a closing date and move forward on this. Chair Disney asked if the salary listed is comparable with other counties; Mr. Hart responded that based on surveys which have been conducted, the salary listed is an average between entry level and top salary. Commissioner Duvall stated she would like an outside opinion from someone who is more versed regarding what should be required of a financial director; Mr. Jacobs responded that county government is unique in how financing is arranged and this is tailored around what Larimer County has done historically, along with the combination of the positions of Controller and Budget Director. Mr. Gluckman asked if the Board is ready to give Mr. Jacobs some direction in setting up two teams for the interviewing: 1) Team #1 - composed of the Commissioners, Treasurer, Mr. Lancaster, and the Social Services Finance Manager; and 2) Team #1 - composed of Employees from Risk Management, Purchasing and Accounting. Commissioner Duvall asked about having a CPA from the private sector on one of the teams; it was decided that they will ask our auditor to be on a team and to review the proposed job description before posting. In addition to placing the position advertisement in the county newspapers and the Denver Post, there was discussion whether or not to place the advertisement in the professional journals; however, Mr. Jacobs noted that would delay the process six weeks. After discussion, the Board directed Mr. Jacobs to also place the advertisement in the Rocky Mountain News in order to reach the largest number of readers.

3. WAIVER OF SECTION 504 OF THE PERSONNEL MANUAL: Mr. Jacobs stated he has received a request from the Clerk and Recorder's Office to waive Section 504 of the Personnel Policy Manual to allow them to fill a vacancy with a current employee who is presently making more money than this vacancy would normally provide. The request is to allow this employee to keep her current salary, even though she is going down in grade. Because of the valuable experience she will bring to this position, Mr. Jacobs recommends approval of the request, as it will be in the best interest of the county to do so.

M O T I O N

Commissioner Clarke moved that the Board approve the request to waive Section 504 of the Larimer County Personnel Manual to allow the Clerk and Recorder's Office to hire Ms. Dawn Stroh at a level higher than Step E.

Motion carried 3 - 0.

4. RESOLUTION REGARDING JOINT FACILITY PLANNING WITH THE CITIES OF FORT COLLINS AND LOVELAND: Mr. Gluckman reminded the Board that during their meeting with the City of Fort Collins approximately a month ago, staff was given direction to draft a resolution regarding joint facility planning with the Cities of Fort Collins and Loveland. Mr. Gluckman presented that resolution today and requested Board approval and the Chair's signature; he noted that all three jurisdictions will have similar resolutions to approve and sign.

M O T I O N

Commissioner Duvall moved that the Board approve the resolution of the Larimer County Board of County Commissioners concerning Joint Facilities Planning with the Cities of Fort Collins and Loveland, and authorize the Chair to sign same.

Motion carried 3 - 0.

R95-78g RESOLUTION OF THE LARIMER COUNTY BOARD OF

COUNTY COMMISSIONERS CONCERNING JOINT FACILITIES

PLANNING WITH THE CITIES OF FORT COLLINS AND

LOVELAND

5. YOUTH SERVICE BUREAU BOARD APPOINTMENT: Ms. Duchene received a request from the Community Corrections Director Paul Cooper to appoint Bernadette Felix to fill the probation officer position on the Youth Service Bureau Advisory Board, which was recently vacated by Chuck Pierce.

M O T I O N

Commissioner Clarke moved that the Board approve the appointment of Bernadette Felix to the Youth Service Bureau Advisory Board to fill the probation officer position vacated by Mr. Chuck Pierce, term to expire June 30, 1998.

Motion carried 3 - 0.

6. EXECUTIVE SESSION - PROPERTY:

At this time, Assistant County Attorney Marla Hehn and Facilities Manager Dick Anderson joined the meeting for an Executive Session.

M O T I O N

Commissioner Duvall moved that the Board go into Executive Session at 10:25 a.m. to discuss property acquisition.

Motion carried 3 - 0.

The Board came out of Executive Session at 10:50 a.m.; no action taken.

At this time Assistant County Attorney Jeannine Haag and Planning Director John Barnett joined the meeting for Legal Matters.


7: WORKSESSION:

-- Office Security: Mr. Gluckman informed the Board that locks have been installed on the doors in the Commissioner's Office to provide security for the computers and confidential information. Mr. Gluckman asked the Board if they agreed with all the offices in the Commissioner's Office being locked; the Board concurred.

-- Commissioner Liaison for Boards and Commissions: Mr. Gluckman stated that as they were reviewing the policy on Boards and Commissions, they realized that there is one Board and one Commission which do not have a Commissioner liaison - Placement Alternative Commission and Community Corrections; Commissioner Clarke offered to be the liaison for both. Chair Disney suggested that policy be waived that the liaison only attend the meetings when specifically requested to attend; he also recommended that the interview requirement for the liaison be waived unless in their best judgment they think they should attend. The Board concurred with the suggestion.

-- Art Displays: Mr. Gluckman informed the Board that glass-enclosed displays for art have been installed in the hallway and the plan is to ask different schools to display their artwork to make the halls more visually appealing and user friendly.

-- Strategic Plan Unveiling: Mr. Gluckman submitted a sample of the invitation for the Strategic Plan unveiling, as designed by Ms. Hart, and recommended Board approval; he also submitted the proposed agenda for the unveiling and asked for suggestions from the Board. The Board indicated approval of both the agenda and invitation, except that Commissioner Duvall suggested that the new county logo be used on the invitation.

-- Risk Management: Mr. Gluckman informed the Board that he talked to Frank Bruno of the City of Fort Collins and ohms, the county's third party administrator, and an idea was suggested to consider doing some partnering. Also, in an attempt to move the process along, Mr. Gluckman asked the Board if he could ask Human Resources to start putting together a job description for Risk Manager; the Board concurred with the request.

-- Kellogg Grant: Mr. Gluckman provided an update on the Kellogg Grant noting that in a meeting with Frank Bruno and Diane Jones it was suggested that Commissioner Duvall and Mayor Azari and city and county staff work together to clarify objectives for the Kellogg Grant.

-- Colorado Youth Retrieval and Achievement Center: Mr. Gluckman asked the Board if they would like to have a meeting to discuss the Colorado Youth Retrieval and Achievement Center; Chair Disney indicated he would like to have a meeting with Senator Stan Matsunaka, Brent Nittmann, Bob Keister, and Giles Louden; Mr. Gluckman will schedule the meeting.

-- Policy Worksession: Mr. Gluckman noted there are two agenda items for Policy Worksession tomorrow and he asked if the Board had additions. Commissioner Clarke recommended that in the future the Board needs to discuss policy for planning for facilities and how they can incorporate the concept of informed consent; Chair Disney suggested that a special meeting be scheduled for this discussion and Mr. Anderson, Mr. Gluckman and Mr. Lancaster be asked to attend.

-- Board's Calendar and Schedule: Much discussion ensued regarding coordination of the Board's work and personal schedule on the main calendar. It was decided that from now on, the Commissioner's will not use their personal calendar but instead will list everything on one master calendar so Ms. Hart can see at a glance what each Commissioner had scheduled at all times; if it is a personal matter, they could just blank out that time.

8. INVITATIONS: Ms. Hart reviewed the pending invitations with the Board and they indicated to her which invitations they could accept.

9. COMMISSIONER REPORTS:

-- Commissioner Duvall expressed concern about where we are headed with the Facilities Plan; she understood that Chair Disney, Commissioner Clarke and Mr. Lancaster had a meeting about this and she requested an update. They indicated to her that when they met they just agreed that they need to work on this.

-- Commissioner Duvall noted that the Community Action Board interviews were set up from 7 p.m. to 8 p.m. on Thursday evening and she is involved from 1 p.m. to 6 p.m. with Community and Schools and cannot attend the interviews. She suggested, rather than calling everyone and changing the time, that Ginny Riley go ahead and interview the applicants. Commissioner Clarke suggested that since the questions are pre-written, to have Ms. Riley record the applicant's responses; Commissioner Duvall concurred with the suggestion and indicated that will write a list of additional questions for Ms. Riley.

-- Commissioner Duvall reported she attended the TEAM Fort Collins meeting yesterday morning on "Build Generation" and they doing some exciting things; she noted it is a process for collecting data to know how kids are doing and to measure progress in helping solve youth violence. She stated that they are working with other groups like DARE, Community and Schools, Family Resource Center, etc. trying to pull them all together with the same data base. Commissioner Duvall stated that Chuck Green started "Build Generation" in Colorado and he is real committed to helping fund this "Build Generation" concept in a community and it looks like Fort Collins might be that community.

-- Commissioner Clarke reported on a meeting he attended yesterday with the wastewater people; he noted that the City of Fort Collins, the districts in south Fort Collins, Boxelder Sanitation, Elko, and Fort Collins/Loveland Water all got together to start talking about regional planning issues pertaining to utilities; he is interested in pursing this further.

-- Chair Disney reported that later today or tomorrow the list of tentative questions to be asked during the interviews for the Environmental Planner will be ready; when completed, a draft of those questions will be sent to the Board.

10. DOCUMENT REVIEW:

M O T I O N

Commissioner Clarke moved that the Board approve the Minutes for the week of May 29, 1995, as amended.

Motion carried 3 - 0.

M O T I O N

Commissioner Clarke moved that the Board approve the Schedules for the weeks of June 12 and June 19, 1994, as amended.

Motion carried 3 - 0.

M O T I O N

Commissioner Clarke moved that the Board approve the following documents, as listed on the Document Review Consent Agenda for June 7, 1995.

MISCELLANEOUS DOCUMENTS: Peterson Exemption, 2nd Amended Plat; Windcliff Estates 4th Amended Plat; and Project Completion Report for the Crossroads Safehouse Addition (Contract #93-830) Community Development Block Grant. LIQUOR LICENSES: Licenses were issued to: Hickory House South - 6% WITH EXTENDED HOURS - Fort Collins, CO.; White Buffalo - 6% WITH EXTENDED HOURS - Loveland, CO.; and Riverbend Resort - 3.2% - Loveland, CO. County Approval was granted to the Horsetooth Inn - 6% - Fort Collins, CO.; Gataeway Liquor, Inc. - 6% - Loveland, CO. and for a Waive of Hearing for a CHANGE OF OWNERSHIP for Robert C. Irvin, Jere B. Irvin, Catherine H. Irvin dba Wind River Ranch, 5770 South Saint Vrain, Estes Park Colorado for a 6% Hotel and Restaurant Liquor License.

A95-70 LEASE AGREEMENT BETWEEN THE BOARD OF COUNTY

COMMISSIONERS AND THE CITY OF FORT COLLINS

HOUSING AUTHORITY (Rental Lease for Stuart House)

D95-14 DEED OF DEDICATION AND ACCEPTANCE ON LOT 2 OF THE

REPLAT OF TRACT "A" HORSESHOE VIEW ESTATES

(Loveland Protestant Reformed Christian School ROW on CR 28)

D95-15 DEED OF DEDICATION AND ACCEPTANCE ON LOT 1 OF THE

REPLAT OF TRACT "A" HORSESHOE VIEW ESTATES

(Loveland Protestant Reformed Church Right-of-Way on CR 28)

C95-22 DEPARTMENT OF PUBLIC WORKS CONTRACT BETWEEN THE

THE BOARD OF COUNTY COMMISSIONERS AND JIM NYTES

OF JIM'S CONSTRUCTION MATERIALS (Road Work for Little

Valley GID)

R95-79s FINDINGS AND RESOLUTION GRANTING THE VACATION OF

UTILITY EASEMENT IN SPRING GULCH RANCH ESTATES 3RD

FILING

R95-80s RESOLUTION REGARDING THE RELEASE OF RESTRICTION

ON SALE OF LOTS FOR PROUTY MINOR RESIDENTIAL

DEVELOPMENT (#92-EX0186)

R95-81d RESOLUTION TO SET A HEARING DATE FOR CONSIDERATION

OF THE CRYSTAL LAKES FIRE PROTECTION DISTRICT

SERVICE PLAN

R95-82s SPECIAL REVIEW FINDINGS AND RESOLUTION APPROVING

THE PETITION OF SUN VALLEY MOBILE HOME PARK

R95-83s FINDINGS AND RESOLUTION GRANTING THE BAKER-

WILLIAMS MINOR RESIDENTIAL DEVELOPMENT APPEAL

R95-84s FINDINGS AND RESOLUTION GRANTING THE PARKER MINOR

RESIDENTIAL DEVELOPMENT APPEAL

Motion carried 3 - 0.

11. LEGAL MATTERS:

M O T I O N

Commissioner Duvall moved that the Board go into Executive Session at 11:50 a.m. to discuss pending litigation and a personnel matter.

Motion carried 3 - 0.

The Executive Session recessed at 12:35 p.m.; no action taken.


The Board of County Commissioners reconvened at 2:00 p.m. in regular session to approve a resolution regarding defense of punitive damage claim.

M O T I O N

Commissioner Clarke moved that the Board approve the adoption of a Resolution Regarding Defense of Punitive Damage Claim, in the Trost/Vandeputte Case against the Board of County Commissioners, and authorize the Chair to sign same.

Motion carried 3 - 0.

R95-85g RESOLUTION REGARDING DEFENSE OF PUNITIVE DAMAGE

CLAIM (TROST/VANDEPUTTE VERSUS BOARD OF COUNTY

COMMISSIONERS

The meeting adjourned at 2:05 p.m.



______________________________________

JIM DISNEY, CHAIR

BOARD OF COUNTY COMMISSIONERS

( S E A L )

ATTEST:



_______________________________________

Sherry E. Graves, Deputy County Clerk

June 6, 1995

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