Loveland Bike Trail
 

PROCEEDINGS OF THE BOARD OF COUNTY COMMISSIONERS

MONDAY, JUNE 26, 1995

LAND-USE PLANNING MEETING

(#315 & #316)

The Board of County Commissioners met at 9:00 a.m. in regular session with John Barnett, Director of Planning. Chair Disney presided and Commissioner Duvall was present. Also present were: Russ Legg, Chief Planner; Al Kadera, Subdivision Administrator; Richael Michels, Planner I; Rob Helmick, Planner II; John Pedas, Code Enforcement Officer; Vaughn Furness, Parks Planner I; Rex Burns and Harry Lynam, Engineering; Jerry Blehm, Director Environmental Health; and Jeannine Haag, Assistant County Attorney. Recording Clerk, S. Graves.

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

1. GLACIER VIEW MEADOWS 12TH FILING - LOTS 235 & 236 AMENDED

PLAT (#95-SA0723): 36-09-72; 2.14 ACRES; 1 LOT; E-ESTATE ZONING

This is a request to combine two existing lots resulting in one building site. Staff Findings include: 1) Glacier View Meadows Twelfth Filing was approved in 1980; 2) This request is to combine two existing lots resulting in one building site; the utility easement located along the intervening lot line will also be vacated by this action; 3) The County Health and Engineering Departments, and all utilities serving this area, reviewed the proposed Amended Plat and stated no objections; 4) The Glacier View Meadows Water and Sewer Association notes that this property owner will be liable for dues for two lots even if the Amended Plat is approved. The Staff Recommendation is for approval of the Amended Plat of Lots 235 & 236, Glacier View Meadows, Twelfth Filing.

2. GLACIER VIEW MEADOWS 8TH FILING - LOTS 9-11 AMENDED

PLAT (#95-SA0722): 24-09-72; 5.83 ACRES; E-ESTATE ZONING

This is a request to reconfigure three existing lots resulting in two building sites. Glacier View Meadows Eighth Filing was approved in 1978; 2) This request is to divide Lot 10 and add half of it to Lot 9 and half of it to Lot 11; the utility easements along both sides of the common lot lines will be vacated by this approval; 3) The County Health and Engineering Departments, and all utilities serving this area, reviewed the proposed Amended Plat and stated no objections; 4) The Glacier View Meadows Water and Sewer Association indicated that these lot owners will be responsible for the annual assessments for all three of the original lots. The Staff Recommendation is for approval of the Amended Plat of Lots 9, 10 and 11, Glacier View Meadows Eighth Filing.

3. GLACIER VIEW MEADOWS 1ST FILING - LOTS 44 & 45 AMENDED

PLAT (#95-SA0712): 14-09-72; 7.93 ACRES; O-OPEN ZONING

This is a request to combine two existing lots result in one building site. Staff Findings include: 1) Glacier View Meadows First Filing was approved in 1972; 2) This request is to combine two existing lots resulting in one building site; this action will also vacate the utility easement located along the intervening lot line; 3) The County Health and Engineering Departments, and all utilities serving this area, reviewed the proposed Amended Plat and stated no objections; 4) The Glacier View Meadows Water and Sewer Association indicated that this lot owner will be liable for the dues on two lots even if the Amended Plat is approved. The Staff Recommendation is for approval of the Amended Plat of Lots 44 and 45, Glacier View Meadows First Filing.

4. CRYSTAL LAKES 6TH FILING - LOTS 88 & 89 AMENDED PLAT

(#95-SA0724): 01-10-74 - WEST OF RED FEATHER LAKES; 1.13 ACRES;

O-OPEN ZONING

This is a request to combine two existing lots resulting in one building site. Staff Findings are: 1) Crystal Lakes Sixth Filing was approved in 1972; 2) This request is to combine two existing lots to result in one building site; this action will also vacate the existing utility easement located along the intervening lot line; 3) The County Health and Engineering Departments, and all utility providers in this, reviewed the proposed Amended Plat and stated no objections. The Staff Recommendation is for approval of the Amended Plat of Lots 88 & 89, Crystal Lakes Sixth Filing.

5. SOUTH NOKOMIS LAKE SUBDIVISION - LOTS 14-16, BLOCK 29

AMENDED PLAT (#95-SA0720); 21-10-73 - LOTS 14, 15 & 16; 35 ACRES;

O-OPEN ZONING

This is a request to reconfigure three existing lots resulting in one building site and to vacate a portion of a 10-foot utility easement. Staff Findings include: 1) South Nokomis Lake Subdivision was platted in 1924; 2) The resulting lot will be a .35 acre lot; 3) The cabin proposed will still meet the required O-Open Zoning District side yard setback of 5 feet; 4) All utility providers and the Engineering and Health Departments have signed off on the requested vacation; 5) The approval of this easement vacation and Amended Plat will not preclude access or utility service to any lot. The Staff Recommendation is for approval of the easement vacation and Amended Plat of Lots 14-16, Block 29, South Nokomis Lake Subdivision.

6. SMITHFIELD SUBDIVISION - LOT 2A & 3 AMENDED PLAT (#95-SA0711):

NE 1/4 16-7-68, NORTHEAST CORNER OF SMITHFIELD AND STOCKTON

DRIVES, NEAR INTERSTATE 25 AND MULBERRY (HIGHWAY 14),

NORTHEAST LOT EDGE IS THE I-25 FRONTAGE ROAD; 6.27 ACRES;

1 LOT; C-COMMERCIAL ZONING

This is a request to amend the plat of Smithfield Subdivision to consolidate 2 more lots into one lot of 6.27 acres to facilitate construction of a 90,000 square foot American Furniture Warehouse and to change the condition on the plat that access not be taken onto the I-25 Frontage Road. Staff Findings are: 1) The Smithfield Subdivision was platted in 1974; 2) Access onto the Frontage Road has been approved by the Colorado Department of Transportation; 3) County and City Departments have reviewed this proposal and have stated no objections to it, if certain conditions are met; 4) The approval of this Amended Plat and change of condition, with certain conditions, should not adversely affect the health, safety, or welfare of existing residents.

The Staff Recommendation is for approval of the Amended Plat of Lot 2A of the Amended Plat of Lots 1 and 2, Smithfield Subdivision and Lot 3, Smithfield Subdivision, and approval of the Change of Conditions for the Amended Plat of Smithfield Subdivision, Lots 1 and 2, to allow direct access to the frontage road, with the following conditions: 1) Frontage Road access must be constructed and utilized in strict conformance with the conditions of the State Department of Transportation Access permit #495039; 2) Any signage in excess of 90 square feet must be granted a variance by the Board of Adjustment; 3) No other signage than that which is approved by the Board of Adjustment will be allowed including wording painted on the building or located on awnings with the exception of a few, small directional signs for the benefit of truck deliveries and customer pick-ups; 4) The building must be painted in the tan color scheme shown on the colored rendering submitted to the Planning Department; 5) Site development must occur according to the site plan and landscaping plan submitted to the Planning Department.

M O T I O N

Commissioner Duvall moved that the Board adopt the Staff Findings and Staff Recommendations and approve the Glacier View Meadows 12th Filing - Lots 235 & 236 Amended Plat; Glacier View Meadows 8th Filing - Lots 9-11 Amended Plat (#95-SA0722); Glacier View Meadows 1st Filing - Lots 44 & 45 Amended Plat (#95-SA0712); Crystal Lakes 6th Filing - Lots 88 & 89 Amended Plat (#95-SA0724); South Nokomis Lake Subdivision - Lots 14-16, Block 29 Amended Plat (#95-SA0720); and the Smithfield Subdivision - Lot 2A & 3 Amended Plat (#95-SA0711); each, with conditions as outlined.

Motion carried 2 - 0.



7. LENART MINOR RESIDENTIAL DEVELOPMENT APPEAL (#95-EX0725):

31-05-68; 1/2 MILE NORTH OF COUNTY ROAD 14 ON THE EAST SIDE

OF COUNTY ROAD 13, ADJACENT TO THE LAKE DITCH; 42.5 ACRES;

FA-FARMING ZONING

This is a request for an appeal to allow a Minor Residential Development application to be processed on a parcel that will not meet the minimum lot size. Mr. Helmick reviewed the site location and noted that the surrounding land usage is varied, but primarily agricultural in character with larger lots. Staff Findings include: 1) The Minor Residential Development process was amended to limit the types of parcels that are eligible to be divided by MRD; 2) Planning Staff has consistently recommended denial of all MRD appeals; this is a policy decision which is more appropriately made by the Board of County Commissioners; 3) The full subdivision process is available to divide parcels that are not eligible for consideration under the MRD process; 4) The 1.7 acre lot will need to obtain a variance from the Board of Adjustment before a Minor Residential Development application can proceed. The Staff Recommendation is for denial of the appeal of the Minor Residential Development Regulations submitted by Scott and Ann Lenart.

Ann Lenart, applicant, addressed the Board and described the location and surrounding uses, noting that the canal is a natural boundary and if they are required to meet minimum lot size they would have a problem with access; she noted that all utilities are in place. Chair Disney recommended that a note be placed on the Final Plat notifying future property owners of the existence of agricultural uses in the area.

M O T I O N

Commissioner Duvall moved that the Board approve the Lenart Minor Residential Development Appeal to allow a MRD application to be processed on a parcel that will not meet the minimum lot size, to allow time to look at the request more closely in terms of its potential impacts in the future on the agricultural lands in the area before final approval of the MRD is granted.

Motion carried 2 - 0.

At this time, Commissioner Clarke joined the meeting; he had been conducting interviews of applicants for the Community Corrections Advisory Board.

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

This is a request to form a new Fire Protection District in the Crystal Lakes area and to consider two exclusion requests from the fire district. Mr. Kadera reviewed the proposed boundaries of the fire district and noted that all the statutory requirements for notice have been met and that no negative comments have been received from any of the reviewing agencies; however, Budget Manager Mr. Keister reviewed the proposal and had a minor concern about the proposed mill levy and recommended that the original mill levy be set high enough to cover all the expenses of the new district. Mr. Kadera noted that the service plan meets all the minimum requirements of the state statute, addresses the need for the district that there is no other existing means of providing fire protection to this area, and there will be no bonded indebtedness proposed with this district. Staff Findings are: 1) A proposed service plan for the Crystal Lakes Fire Protection District was filed with the Larimer County Clerk and Recorder pursuant to state statute; 2) Notice of the proposed service plan was mailed to all taxing authorities within three miles of the proposed district pursuant to state statute; 3) A copy of the proposed service plan was sent to all referral agencies in the area to be served by the proposed district; 4) The proposed service plan meets all the minimum requirements of state statute regarding the formation of a new special district. The Staff/Planning Commission Recommendation is for unanimous approval of the proposed service plan for the Crystal Lakes Fire Protection District; however, Staff does not recommend the Board approve the two requests for exclusion from the fire district.

Lucia Liley, attorney for the petitioners seeking formation of the fire district, addressed the Board and noted that this is the first step in a rather lengthy statutory process to form the district; she noted that the service plan has been revised a number of times and the Board has the final recommended version. Ms. Liley reviewed the history of this district, noting that the Crystal Lakes Volunteer Fire Department was established in 1970 as an arm of the Crystal Lakes Road and Recreation Association, which is a private non-profit association. Ms. Liley stated that the association is finding it more important to spend its limited resources on the construction and maintenance of roads and finding it increasingly more difficult to provide even the minimal level of funding to the volunteer fire department. Ms. Liley further noted that the road association can only assess an equal amount against the property owners included in the Crystal Lakes area and this creates an equity problem because they service a much greater area than just Crystal Lakes; through a property tax levy, the assessment will be directly proportional to the value of the property and it will be a fair, more equitable funding mechanism and will include everyone in the area who has a need for this service. Ms. Liley stated that the proposed district is over 6,000 acres in size and has over 1,700 separate parcels, of which 1,600 are single family lots, and the population is highest when the fire danger is greatest; she indicated that there has been good support for this district from area residents. With regard to the two issues of the mill levy and the two petitions for exclusion, Ms. Liley stated that originally when the service plan was proposed, they recommended 5 mills; however, when new assessments were received and it was determined that $35,000 would cover the capital needs, they are now proposing a mill levy of 4.867. With regard to the two petitions for exclusion, statute requires that the Board take action on the exclusion petitions before acting on the service plan; therefore, the petitioners are asking the Board to deny the two requests for exclusion and find that it would not be in the best interest of the proposed district for these two properties to be excluded.

Commissioner Duvall expressed concern about the mill levy in the future and how will the district handle it in the future if the needs go beyond $35,000. Fire Chief Dick Rosecranz responded that they have calculated the present needs and have a plan for adding equipment and ultimately a new fire house; he noted that money will be set aside each year and go into a capital improvement fund. Chair Disney asked Chief Rosecranz about defensible space education and if they will be willing to be a reviewing agency to review proposed land use plans; Chief Rosecranz responded that they already do defensible space education and are a reviewing agency. After discussion, the Board concurred that they can find no reason why the two properties should be excluded from the fire district and it would not be in the best interest of the district to allow the exclusions. Commissioner Duvall commended the citizens in Crystal Lakes for acting responsibly in forming this fire district; Commissioner Clarke stated that it is incredible the fire district can operate with only $35,000 a year and he commended the volunteers for their time and efforts.

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners deny the two requests from Wayne Baasch and Larry J. and Maxine Meintzer for exclusion from the Crystal Lakes Fire Protection District.

Motion carried 3 - 0.

M O T I O N

Commissioner Duvall moved that the Board adopt the Staff Findings and Staff/Planning Commission Recommendation and approve the Crystal Lakes Fire Protection District with their proposed budget of $35,000 as their goal and their mill levy will at any time in the future exceed five mills.

Motion carried 3 - 0.

9. HIGHLAND HILLS PLANNED UNIT DEVELOPMENT AMENDED

MASTER PLAN (#94-MS0560): NE 1/4, 23-06-68; SOUTH SIDE OF STATE

HIGHWAY 392, EAST SIDE OF COUNTY ROAD 3; 210.09 ACRES;

120 LOTS; FA-1 FARMING ZONING

This is a request for an Amended Master Plan to create 120 lots on 210 acres with approximately 67 acres of open space and to change the size and phasing of Phases 2-4; this is an increase of 15 lots and a decrease of 7 acres of open space from the original Master Plan. Mr. Legg informed the Board that this is the first voluntary transferable development right (TDR) action in Larimer County and he noted that at the time Highland Hills was originally approved, the Board put a condition in the Findings and Resolution that the applicant investigate acquiring additional units through the TDR process and he has been working on that diligently. Mr. Legg described the receiving and sending parcels for the Board; he noted that the sending parcel is a 37-acre parcel located in the recently adopted Plan for the Region between the Cities of Fort Collins and Loveland. Mr. Legg noted that this request went before the Planning Commission last week and was approved 7-0, with the condition that the holder of the proposed Conservation Easement on the 37-acre parcel be the County and some other appropriate land trust entity. Mr. Legg reviewed the Conservation Easement with the Board; he noted that the additional 15 lots would be in Phase 3 and the additional lots would be subject to the same conditions of the original Master Plan and the PUD will maintain its integrity; in the original PUD, there was 35% open space and with the amendment and addition of the 15 lots, 32% of open space will remain, which is still above the required 30%. Staff Findings include: 1) Approval of the Highland Hills Planned Unit Development Amended Master Plan will not result in any significant negative impacts on surrounding properties, utility services, transportation facilities or the natural environment; 2) The sending parcel is an important visual resource to Larimer County; it is new open space recently acquired by the City of Fort Collins and Larimer County and is located in the planning area known as "The Region between Fort Collins and Loveland"; 3) Larimer County Planned Unit Development Regulations, combined with an exemption process, permits approval of the Transfer of Development Rights. The Staff Recommendation is for approval of the Highland Hills Planned Unit Development Amended Master Plan.

Jim Martell, attorney for the applicant, addressed the Board and noted that the applicant has tried to maintain the integrity of the subdivision and designed the 3rd Filing so the frontage of the lots on the streets remain approximately the same as the lots in the 1st and 2nd Filings and they have only reduced the amount of open space from 74 to 67 acres. Mr. Martell stated that the Conservation Easement is permanent and cannot be changed and noted that the Planning Commission recommended it be held by some joint easement granted to the county as a political entity and a non-political entity; he noted that the applicant has no objection to that recommendation and suggested the Larimer Land Trust. Mr. Martell stated that this proposal is an unique opportunity to try the TDR concept.

Commissioner Duvall complimented Mr. Barstow for revising the Master Plan to incorporate transferable development rights and noted he is a pioneer in this endeavor; she suggested, however, that a land appraiser be consulted in the future to assure that the transfer is fair to both the sender and receiver. The Board concurred they agree with the recommendation of the Planning Commission that the Conservation Easement be shared with the Larimer Land Trust and Larimer County. Mr. Barnett added that, in his opinion, the sending parcel in this case is an excellent choice.

M O T I O N

Commissioner Duvall moved that the Board adopt the Staff Findings and Staff/Planning Recommendation and approve the Highland Hills Planned Unit Development Amended Master Plan (#94-MS0560) and the transfer of development rights and support the Planning Commission's recommendation that the Conservation Easement be shared between Larimer County and an appropriate land trust authority.)

Motion carried 3 - 0.


10. AULT (KLEEBERG) WRECKING YARD VIOLATION; 9929 NORTH

COUNTY ROAD 7, WELLINGTON

This alleged violation is for storing inoperable/unlicensed/wrecked vehicles in the O-Open District and expanding a vehicle salvage operation in the O-Open Zoning District without Special Review. Mr. Pedas submitted correspondence concerning this matter and photos of the site taken on two different occasions; he provided the background information, and reviewed the major issues and concerns, noting that in 1991, the status and magnitude of a non-conforming use of the property was confirmed and could continue at "its present level". Mr. Pedas continued that in 1994, a complaint was filed regarding a large number of cars being placed on the land west of the railroad tracks, which was not associated with the previously confirmed vehicle salvage use, and is a major expansion of the operation into an area not used previously. Staff Findings are: 1) The subject property is zoned O-Open District; 2) The O-Open District required Special Review approval for auto salvage or junk yards; 3) Continued use of the property inconsistent with the zoning will affect property values in the neighborhood. The Staff Recommendation is to find that a violation exists, require compliance within 30 days, and authorize legal action if the deadline is not met.

Debra Sweetman, attorney for the property owner, addressed the Board and stated that this property has been used for salvage operations since the mid 1950's; she noted that Mr. Kleeberg contacted Mr. Pedas in 1991, prior to purchasing the property, because he was concerned about the use of the property; and, at that time, he received the written statement indicating that the property is a legal non-conforming use. She noted that Mr. Kleeberg has attempted to obtain a permit to build a structure on the property to store the vehicles, but has been informed that no permit can be issued. Ms. Sweetman stated that it is their position that this is not a violation of the comprehensive zoning violation, but just a continuance of the current level of operation which existed when approval was obtained in 1991; their position is that the non-conforming use applies to both parcels on the east and west. Mr. Kleeberg stated that there were trucks and old busses on the property when he looked at it to purchase and at various times there were up to 50 vehicles stored on the property.

Commissioner Clarke asked for clarification of the statement "its present level" of use on October 7, 1991; Mr. Kleeberg responded that the use is the same. Mr. Pedas stated that to the best of his knowledge, and according to correspondence received from adjacent property owners, the west area has never been used for auto salvage. Counsel was requested to comment on the definition of non-conforming use; Ms. Haag stated that the rule is that you cannot expand beyond a non-conforming use. The question to answer is what exactly did exist in 1991 and how was the property being used at that time? Mr. Pedas suggested that Staff could contact Don Ault (previous owner) and ask for a statement how the property was being used in 1991. Ms. Sweetman noted for the record that there is active litigation going on between Mr. Ault and Mr. Kleeberg; if a statement is received from Mr. Ault, Ms. Sweetman requested a copy of the statement. After further discussion among the Board, it was suggested that this matter be continued until statements can be obtained from Mr. Ault and the Cox's (adjacent property owners).

M O T I O N

Commissioner Clarke moved that the Board table the Ault (Kleeberg) Wrecking Yard Violation until August 14, 1995 to allow Staff time to gather statements regarding the condition of this property on October 7, 1991 so it can be determined whether the current use is a more intense use than the use at that time, and those statements provided to the property owner's counsel for their examination, and, if possible, have Mr. Ault and the Cox's present at the August 14, 1995 hearing.

Motion carried 3 - 0.

11. GRAVES JUNK/DEBRIS VIOLATION; 2722 WEST MULBERRY

This is an alleged violation for accumulation and storage of junk materials and other household debris in a residential neighborhood. Mr. Pedas noted that the property owner was notified in April of the complaint; the property owner called and stated she was not living there and had just received the letter from the Health Department and requested an additional 30 days, which was granted; Mr. Pedas reported that in the past ten days about half of the junk has been removed and substantial effort and progress has been made. It was noted for the record that the property owner was not present for today's hearing. Staff Findings include: 1) The subject property is zoned FA-Farming; 2) The FA-Farming Zone allows single family dwellings and accessory uses; 3) The amount and nature of the outside storage is not normal or incidental to the use of the property for dwelling purposes; 4) The condition of the property and continued accumulation and storage of materials may pose a health hazard; 5) The condition of the property and continued storage of junk and debris will affect property values in the neighborhood. The Staff Recommendation is to find that a violation exists, require compliance with 30 days, authorize legal action if the deadline is not met.

M O T I O N

Commissioner Duvall moved that in the matter of the Graves Junk/Debris Violation, the Board of County Commissioners find that a violation exists, require compliance within 30 days, and authorize legal action if the deadline is not met.

Motion carried 3 - 0.

12. JOHNSON MOBILE HOME VIOLATION; 8725 WEST COUNTY ROAD 38E

This is an alleged violation for occupying a single wide mobile home as a dwelling in direct violation of conditions of the temporary building permit, occupying a single wide mobile home as a dwelling without domestic water, proper on-site sewage disposal, and electrical power. Mr. Pedas provided the background information and reviewed the major issues and concerns; he noted that the mobile home is actually located on Bureau of Reclamation property and the owner has been ordered to remove the mobile home by July 3, 1995--this deadline was established after a May 3, 1995 deadline was extended at the request of Ms. Johnson. It was noted for the record that the property owner was present for today's hearing. Staff Findings are: 1) The permit for the temporary mobile home was issued under false pretense; 2) The mobile home is being occupied without a final inspection or adequate water and sewer; 3) Conditions of issuing the permit for the mobile home were never met; 4) The mobile home does not meet the setback requirements; 5) Continued use of the mobile home as a dwelling will affect property values in the neighborhood. The Staff Recommendation is for the Board to authorize legal action to remove the mobile home.

Jim Struble, Right-of-Agent for the Northern Colorado Water and Conservancy District, addressed the Board and stated that they have also had problems with Ms. Johnson and re-emphasized that if the mobile home is not removed from the site by July 3, 1995, they will physically remove it themselves onto the Johnson property; he informed the Board that they have bent over backwards for Ms. Johnson and he stated they will be more than willing to work with the county to resolve this problem together.

M O T I O N

Commissioner Clarke moved that in the matter of the Johnson Mobile Home Violation, that the Board authorize Staff to work with the Northern Colorado Water and Conservancy District to remove this mobile home and removal be accomplished within 30 days, and further authorize Staff to obtain whatever legal assistance they need to accomplish removal of the mobile home from both sites.

Motion carried 3 - 0.

The meeting adjourned at 11:30 p.m.

TUESDAY, JUNE 27, 1995

STANDING MEETING WITH

DR. ADRIENNE LEBAILLY

(#317)

The Board of County Commissioners met in regular session at 9:30 a.m. with Dr. Adrienne LeBailly, Director of Health & Environment. Chair Disney presided; Commissioners Clarke and Duvall were present. Also present was Frank Lancaster, County Manager. Recording Clerk, A. Jensen.

1. Environmental Health Update: In response to the many calls received from the public complaining of the mosquitoes, Dr. LeBailly compiled a memo for the Commissioners summarizing mosquito control. Dr. LeBailly reviewed the memo, briefly discussing the varying degrees of regulating the mosquito population that may be undertaken by the Commissioners, the consequences involved with attempting to control the mosquito population, and the monitoring procedures for illnesses associated with the insect.

a. Hire of new Environmental Planner: Dr. LeBailly reported that the new Environmental Planner will commence employment with Larimer County on July 3, 1995.

b. Status of draft Individual Sewage Disposal system (SDS) regulations: Dr. LeBailly noted that at the last Board of Health meeting a quorum did not exist, therefore no action was taken regarding the draft Individual Sewage Disposal system regulations. The public hearing revealed little opposition to the regulations as proposed; the two Board of Health members that were present reported they would recommend it for approval. It was also noted that the State Department of Health has received a copy of the regulations for review of some minor changes. In response to Commissioner Duvall's question, Dr. LeBailly will send a copy of the minutes of the public hearing to Commissioner Duvall.

c. Draft statement of division values: Dr. LeBailly submitted a draft statement of division values for the Commissioners to review. Discussion ensued regarding the history of this statement. The Commissioners were complimentary of Dr. LeBailly and her staff's work.

2. Community Health Update: A brief overview of various health planning activities was given by Dr. LeBailly. It was also reported that the Healthier Communities Coalition is working with a consultant on the community health assessment to re-evaluate it's statistics. Discussion ensued regarding health care, delivery issues, providers and managed care.

a. Recent editorials/news regarding the Larimer County Department of Health and Environment. Dr. LeBailly distributed copies of recent articles from various local newspapers. Much discussion followed with respect to the e-boli virus, the recent measles infection, and the recent tobacco sting.

b. SDIC training update. Dr. LeBailly briefly commented on the recent SDIC training session.

Chair Disney requested that Dr. LeBailly research the Genesis project from Boulder County to see if there are any ideas that could be incorporated into any of Larimer County's health programs.

The meeting adjourned at 10:30 a.m.


STANDING BUDGET MEETING

(#318)

The Board of County Commissioners reconvened at 1:30 p.m. in regular session with Robert Keister, Budget Manager. Chair Disney presided; Commissioner Clarke and Duvall were present. Also present was Neil Gluckman, Assistant County Manager; George Haas, County Attorney; Frank Lancaster, County Manager; and Steve Miller, County Assessor. Recording Clerk, A. Jensen.

1. Status of Tax Credit Concept: The meeting began with a concise discussion of the Gallagher amendment and T.A.B.O.R. tax credits. Mr. Haas stated the general consensus of county attorneys throughout Colorado, after a careful review of T.A.B.O.R., is that tax credits can be given. Mr. Haas also stated that a tax credit can be given the year following the collection of the taxes, but recommends giving the credit the year the tax is collected to alleviate potential problems. Much discussion followed regarding the problems associated with giving a tax credit such as: how to designate the credit on the actual tax bill and certification of the tax rolls. CONSENSUS OF THE BOARD was to instruct Mr. Keister to proceed with the planning of issuing a tax credit for property taxes as needed.

2. Payroll Projects for Planning the 1996 Budget: Mr. Keister reviewed several compensation alternatives for the Commissioners to consider, in an effort to demonstrate the costs involved in carrying out different scenarios for personnel costs. Mr. Keister stated that the percentages in alternative 3, as detailed in his outline, would roughly maintain their position in the Front Range salaries study. The recommendation was to go with alternative 3.

3. Suggested Guidelines for Developing the 1996 Budget: Mr. Keister distributed an outline of suggested guidelines for preparing the 1996 budget. The meeting continued with a discussion of the outline and it's differences from previous years budget processes. As part of this budget process , departments will be required to have a capital replacement plan. Much discussion ensued regarding the current budgeting process, pay for performance, privatization, services offered by Larimer County, and the suggested 1996 budget preparation guidelines. Mr. Keister emphasized that this is only a proposal.

The meeting adjourned at 2:40 p.m.

FINANCE QUARTERLY MEETING

(#318)

The Commissioners reconvened at 2:45 p.m. in regular session with Starr Quam, Financial Reporting Supervisor and Georgeanne Rutledge, Accountant II. Chair Disney presided; Commissioners Clarke and Duvall were present. Also present were: Frank Lancaster, County Manager; Neil Gluckman, Assistant County Manager; Dick Spillman and Jeff Barnes of Hunt, Spillman and Associates. Recording Clerk, A. Jensen.

Ms. Quam stated the 1994 audit by Hunt, Spillman and Associates has been completed. Mr. Barnes submitted the 1994 Annual Comprehensive Report to the Commissioners, explaining the audit process, and the rules and regulations they must follow. The meeting continued with a detailed review of the audit and it's contents. It was noted that Amendment 1 does not have auditing or reporting requirements. Mr. Spillman suggested that the Commissioners publish a summary of the audit for easier reading for citizens. At this time, Mr. Barnes reviewed the management letter and highlighted several items, explaining the responses from individual departments. In summary Mr. Barnes reported that the County is doing well overall with no major problems. Mr. Spillman thanked the Finance staff for their excellent job in providing needed information for the auditors.

The meeting adjourned at 3:30 p.m.

WEDNESDAY, JUNE 28, 1995

ADMINISTRATIVE MATTERS

(#320)

The Board of County Commissioners met at 9:30 a.m. in regular session with Frank Lancaster, County Manager. Chair Disney presided; Commissioners Clarke and Duvall were present. Also present were: Brent Nittmann, Youth Services Bureau Program Manager; Ed Schemm, Assistant Director Field Environmental Health Services; Joan Duchene, Commissioner's Office Supervisor; Donna Hart, Assistant to the County Manager; and Neil Gluckman, Assistant County Manager. Recording Clerk, S. Graves.

1. DIVERSITY PLAN PRESENTATION: Mr. Nittmann presented a packet of information relating to a County Diversity Plan and requested the Board's approval to proceed with Phase II, which will be the administration, collection, and analysis of a survey regarding issues of diversity for county employees. Mr. Nittmann provided a brief historical overview of the process in developing the survey, noting that early in 1995 the Cultural Diversity Advisory Committee began working with the City of Fort Collins to jointly develop the survey and they have agreed to share costs in the distribution and analysis of the survey; he also has contacted the Hewlett Packard Loveland Manufacturing Plant and they have expressed interest in underwriting the cost. Mr. Nittmann presented a draft copy of a Memorandum of Understanding in which Larimer County, in conjunction with the City of Fort Collins, is interested in entering into an agreement with the Colorado Department of Local Affairs and Colorado State University Cooperative Extension to assist in developing, administering, collecting and analyzing the diversity survey. Mr. Nittman also presented a sample copy of the Employee Diversity Survey and presented a cost sheet associated with the distribution and analysis of the survey. Mr. Nittmann requested the Board's blessing to proceed; he noted that the survey will be sent out in late July or early August to include responses from temporary and seasonal employees, with the results calculated in September or October. Chair Disney suggested that a notice to employees about the upcoming survey be placed in "Inside Information" and he will also talk to the City of Loveland officials to see if they wish to be included in doing the survey.

M O T I O N

Commissioner Duvall moved that the Board authorize Mr. Nittmann to proceed with developing the County Diversity Plan and City/County Employee Diversity Survey, as outlined.

Motion carried 3 - 0.

2. BOXELDER SANITATION DISTRICT SITE APPLICATION: Mr. Schemm introduced Dean Smith, Manager Boxelder Sanitation District, and requested Board approval of the Boxelder site application before forwarding it on to the State; he noted that the application has been reviewed and approved by all the local reviewing agencies.

M O T I O N

Commissioner Clarke moved that the Board recommend approval of the Boxelder site application, as requested by Mr. Schemm.

Motion carried 3 - 0.

3. REQUEST FOR APPROVAL OF THREE RESOLUTIONS AUTHORIZING SUBMISSION OF 201 FACILITY PLANNING ADVANCE OF ALLOWANCE GRANTS Mr. Schemm requested Board approval and the Chair's signature on three resolutions authorizing the County, through the Health Department, to apply to the Colorado Department of Health for grant funds on behalf of the Boxelder Sanitation District, South Fort Collins, and Timnath for the three entities to cooperate with the City of Fort Collins on a Poudre River Basin Wastewater feasibility study.

M O T I O N

Commissioner Duvall moved that the Board approve a Resolution authorizing the submission of a 201 Facility Planning Advance of Allowance Grant on behalf of Boxelder Sanitation District for the purpose of participating in a regional feasibility study of wastewater treatment facilities for the Cache La Poudre River Basin.

Motion carried 3 - 0.

R95-91g RESOLUTION AUTHORIZING THE SUBMISSION OF A 201

FACILITY PLANNING ADVANCE OF ALLOWANCE GRANT

ON BEHALF OF BOXELDER SANITATION DISTRICT

(Participation in a regional feasibility study of wastewater

treatment facilities for the Cache La Poudre River Basin)


M O T I O N

Commissioner Clarke moved that the Board approve the Resolution authorizing the submission of a 201 Facility Planning Advance of Allowance Grant on behalf of the Town of Timnath for the purpose of participating in a regional feasibility study of wastewater treatment facilities for the Cache La Poudre River Basin.

Motion carried 3 - 0.

R95-92g RESOLUTION AUTHORIZING THE SUBMISSION OF A 201

FACILITY PLANNING ADVANCE OF ALLOWANCE GRANT

ON BEHALF OF THE TOWN OF TIMNATH (Same as Above)

M O T I O N

Commissioner Duvall moved that the Board approve a Resolution authorizing the submission of a 201 Facility Planning Advance of Allowance Grant on behalf of South Fort Collins Sanitation District for the purpose of participating in a regional feasibility study of wastewater treatment facilities for the Cache La Poudre River Basin.

Motion carried 3 - 0.

R95-93g RESOLUTION AUTHORIZING THE SUBMISSION OF A 201

FACILITY PLANNING ADVANCE OF ALLOWANCE GRANT ON

BEHALF OF SOUTH FORT COLLINS SANITATION DISTRICT

(Same as Above)

4. RESOLUTION OF SUPPORT FOR RESTORATION OF VIRGINIA DALE STAGE STOP: Mr. Lancaster stated that the Virginia Dale Community Club is applying to the Colorado State Historical Fund for a grant to restore the Virginia Dale Stage Stop and they have requested Board approval of a Resolution of Support for the grant and a Resolution to waive any building permit fees to complete the restoration.

M O T I O N

Commissioner Clarke moved that the Board approve two Resolutions supporting the grant application of the Virginia Dale Community Club to the Colorado State Historical Fund to restore the Virginia Dale Stage Stop, and to waive any building permit fees required to complete the restoration, and authorize the Chair to sign both documents.

Motion carried 3 - 0.

R95-94g RESOLUTION SUPPORTING THE GRANT APPLICATION OF

THE VIRGINIA DALE COMMUNITY CLUB TO RESTORE THE

VIRGINIA DALE STAGE STOP

R95-95g RESOLUTION SUPPORTING THE GRANT APPLICATION TO

RESTORE THE VIRGINIA DALE STAGE STOP AND WAIVE

ANY BUILDING FEES REQUIRED BY THE COUNTY TO

COMPLETE THE RESTORATION

5. BOARDS AND COMMISSIONS POLICY: Mr. Gluckman submitted Draft No. 4 of the Larimer County Boards, Commissions, Councils and Committee Policy and requested Board approval so the policy can be included in the format for the Operations Procedures Manual. CONSENSUS OF THE BOARD was to approve the Boards and Commissions Policy, as presented by Mr. Gluckman.

6. APPROVAL OF COMMISSION REDISTRICTING: Mr. Lancaster requested Board approval of a Resolution Revising Commissioner Districts and noted that the Resolution needs to be approved and signed by July 1, 1995. Mr. Lancaster stated that the Democrat and Republican Parties and Executive Committees have reviewed the redistricting maps (which only include minor changes) but they have not been reviewed by the public; however, it was noted that public input is not required by statute. Mr. Lancaster stated that the reason for the redistricting is to adjust precinct boundaries based upon population; discussion followed and the Board concurred that in the future they would like the redistricting boundaries be made available for public input.

M O T I O N

Commissioner Clarke moved that the Board approve the Resolution Revising Commissioner District Boundaries, as indicated on the maps and proposed by the County Clerk and Recorder and as required by State Statute, and recommend to the Clerk that the next time the redistricting of Commissioner district boundaries occurs, the maps be made available for public review.

Motion carried 3 - 0.

R95-96g RESOLUTION REVISING COMMISSIONER DISTRICTS

7. WORKSESSION:

-- Items for Next Week's Standing Meeting: The agenda items for next week's Public Works Standing Meeting were discussed and amended.

8. INVITATIONS: Ms. Hart reviewed the pending invitations with the Board.

9. COMMISSIONER REPORTS:

-- Commissioner Duvall reported she had a meeting with Rick Rider, a political strategist, and they discussed the Courthouse Facility and the need for a person to champion the cause to the public; she asked the Board if they would like to meet Mr. Rider to hear what he has to say concerning strategic thinking as he has worked on a lot of public projects. Mr. Lancaster noted that the Board has a meeting scheduled with the Adams County Commissioners and their Project Team in the near future and he suggested they have that meeting first; Commissioner Duvall would like to also meet with Montrose County. Commissioner Duvall indicated that the Board needs to take the lead on the Courthouse Facility Project if there is going to be coordination between the City of Fort Collins, the School District, Chamber of Commerce, Loveland, etc.

-- Commissioner Duvall asked the Board if they need to revisit their 1995 Workplan; they concurred and instructed Mr. Lancaster to include this in the scheduling. Also, Commissioner Duvall expressed a desire to revitalize the internal and external survey to include it in the budgetary thinking.

-- Chair Disney reported he will be meeting with Federico Pena this Friday morning; he stated that the National Park Legal Counsel is of the opinion that the Federal Aviation Administration has the statutory authority to restrict site-seeing helicopter flights over National Parks. Chair Disney stated that Mr. Pena is going to be requested to exercise the authority to restrict these flights, if he has that authority; he asked the Board if they concur with this action; Commissioners Clarke and Duvall concurred.

At this time, County Attorney joined the meeting for Legal Matters:

10. LEGAL MATTERS:

Mr. Hass presented two Stipulations on the Hewlett Road Case and requested Board approval and the Chair's signature; he noted these Stipulations will partially resolve an existing right-of-way issue in which the north loop north of the Anthony improvements will be a public right-of-way and the old public right-of-way, which went between Anthony's house and barn, will no longer be a public right-of-way.

M O T I O N

Commissioner Duvall moved that the Board approve the two Stipulations, as presented, to settle a portion of the Hewlett Gulch Road Case with the defendant Thomas H. Anthony and Wanda Krebill, who is not a party to the case.

Motion carried 3 - 0.

A95-74 STIPULATION BETWEEN THE BOARD OF COUNTY

COMMISSIONERS, PLAINTIFF, AND THOMAS H. ANTHONY,

ET. AL, DEFENDANTS

A95-75 STIPULATION BETWEEN THE BOARD OF COUNTY

COMMISSIONERS, PLAINTIFF, AND WANDA KREBILL,

DEFENDANT (Public Right-of-Way on Krebill Property)

11. DOCUMENT REVIEW:

M O T I O N

Commissioner Duvall moved that the Board approve the Minutes for the week of June 19, 1995, as submitted and amended.

Motion carried 3 - 0.

M O T I O N

Commissioner Clarke moved that the Board approve the Schedule for the week of July 3, 1995, as submitted and amended.

Motion carried 3 - 0.

M O T I O N

Commissioner Duvall moved that the Board approve the following documents, as listed on the Document Review Consent Agenda for June 28, 1995:

MISCELLANEOUS DOCUMENTS: Form 5500 and Schedule F Form for the County's Flexible Spending Account (FSA) Plan; Crystal Lakes 13 Filing, Amended Plat for Lots 130 & 131; Crystal Lakes 13th Filing, Amended Plat for Lots 18 & 19; Crystal Lakes 1st Filing, Amended Plat for Lots 36 & 39; Grasslands 3rd Filing Plat; and Letter to Micki Hackenberger of Colorado Counties, Inc. regarding Emergency State Bridge Funds. LIQUOR LICENSES: Licenses were issued to: The Horsetooth Inn - 6% WITH EXTENDED HOURS - Fort Collins, CO., and Windjammer - 6% WITH EXTENDED HOURS - Loveland, CO. County Approval was granted to: Red Feather Super Market - 3.2% - Red Feather Lakes, CO.; Conoco #06354 - 3.2% - Fort Collins, CO.; Conoco #06358 - 3.2% - Loveland, CO.; Ptarmigan Club - 6% - Fort Collins, CO.; and the Hauf Brau Restaurant - 6% WITH REQUEST TO CHANGE TRADE NAME TO LINCOLN STREET GRILL - Fort Collins, CO.

A95-76 WARRANTY COLLATERAL AGREEMENT FOR COUNTRY

MEADOWS PHASE II BETWEEN THE BOARD OF COUNTY

COMMISSIONERS AND HILLSIDE COMMERCIAL GROUP

C95-27 CONTRACT BETWEEN THE BOARD OF COUNTY

COMMISSIONERS AND COLORADO STRIJPE WRIGHT LTD.

OF AURORA, COLORADO (1995 Pavement Marking Program)

C95-28 EMERGENCY SHELTER GRANT (ESG) PROGRAM CONTRACT

BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND

NEW BRIDGES, INC.

C95-29 EMERGENCY SHELTER GRANT (ESG) PROGRAM CONTRACT

BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND

CROSSROADS SAFEHOUSE

C95-30 EMERGENCY SHELTER GRANT (ESG) PROGRAM CONTRACT

BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND

CATHOLIC COMMUNITY SERVICES/NORTHERN

C95-31 EMERGENCY COMMUNITY SERVICES HOMELESS (ECSH/CFN)

CONTRACT BETWEEN THE BOARD OF COUNTY

COMMISSIONERS AND THE STATE DEPARTMENT OF LOCAL

AFFAIRS

C95-32 CONTRACT BETWEEN THE BOARD OF COUNTY

COMMISSIONERS AND THE STATE DEPARTMENT OF

PUBLIC HEALTH AND ENVIRONMENT (Reimbursement of

Clean-up Costs at the Shields Street Site)

C95-33 CONTRACT BETWEEN THE BOARD OF COUNTY

COMMISSIONERS AND THE STATE DEPARTMENT OF

HEALTH CARE POLICY AND FINANCING (Medicaid Contract)

R95-97s RESOLUTION REGARDING RELEASE OF COLLATERAL FOR

COUNTRY MEADOWS PHASE II

R95-98s FINDINGS AND RESOLUTION APPROVING THE PLAT OF

ROBBS MINOR RESIDENTIAL DEVELOPMENT

R95-99z SPECIAL REVIEW FINDINGS AND RESOLUTION APPROVING

THE PETITION OF TAMASAG RANCH














R95-100d FINDINGS AND RESOLUTION CONCERNING CRYSTAL LAKES

FIRE PROTECTION DISTRICT

Motion carried 3 - 0.

The meeting adjourned at 10:50 p.m.


_______________________________________

JIM DISNEY, CHAIR

BOARD OF COUNTY COMMISSIONERS

( S E A L )

ATTEST:


______________________________________

Sherry E. Graves, Deputy County Clerk


_______________________________________

Aimee Jensen, Deputy County Clerk

June 27, 1995

Background Image: Loveland Bike Trail by Sharon Veit. All rights reserved.