Loveland Bike Trail
 

PROCEEDINGS OF THE BOARD OF COUNTY COMMISSIONERS

MONDAY, NOVEMBER 13, 1995

MEETING WITH OVERALL ECONOMIC DEVELOPMENT COMMITTEE

(#396)

The Board of County Commissioners met at 10:00 a.m. in regular session. Chair Disney presided; Commissioners Clarke and Duvall were present. Also present were the following persons from the Overall Economic Development Committee: Lew Wymisner, Frank Bruno, Kathy Koithan, Ann Lang, Judy Wagner, James Brewer, Pam Ross, Nancy McCambridge, Lupe Salazar, Alan Cunningham, and Gina Janett; County Manager Frank Lancaster also attended the meeting. Recording Clerk, S. Graves.

Mr. Wymisner reviewed the genesis of the Overall Economic Development Plan Committee and read aloud the names of the other members of the committee unable to attend today's meeting. The committee presented copies of the concise proposed Economic Development Policy for Larimer County for the Board to review and to either accept, revise, of reject; the proposed policy listed the goals, benefits to be derived, and the tools required to achieve those goals. Mr. Wymisner informed the Board that when this proposed policy is accepted, the existing OEDP Committee will sunset and then they will commence to advertise for an Economic Development Advisory Board.

Commissioner Duvall, who served as Commissioner Liaison on this committee, stated that this Committee was comprised of persons with a variety of viewpoints and perspectives; Mr. Cunningham added that arriving at this point has been a long effort of the members and he is happy with the point of view expressed in this policy. Ms. Koithan informed the Board that this one-page proposed policy does not begin to represent the trauma that went into development of this policy.

Questions and discussion among the Board followed. Mr. Lancaster recommended that, before the Board accepts this proposed policy, it should be made available for public comment, followed by an advertised public meeting with the Board to allow an opportunity for public input before final adoption. Mr. Lancaster also suggested that several press releases go out; Mr. Cunningham suggested that the press release include an invitation for interested persons to apply to serve on the Economic Development Advisory Board.

The Board expressed their appreciation to the committee for all their hard work and efforts in producing this concise proposed economic development policy and indicated what a helpful guide and model this policy will be for the Board in the future. Mr. Wymisner informed the committee members that they are now disbanded and he invited them to apply to serve on the Advisory Board. On behalf of the committee, Ms. Ross thanked Mr. Wymisner for all his hard work and time spent serving on this committee.

The meeting recessed at 10:50 a.m.

LAND USE PLANNING MEETING

(#397 & Side A of #396)

The Board of County Commissioners reconvened at 3:00 p.m. in regular session to discuss land-use planning matters. Chair Disney presided; Commissioners Clarke and Duvall were present. Also present were: Al Kadera, Subdivision Administrator; Jerry White, Zoning Administrator; Rob Helmick, Planner II; Harry Lynam, Project Engineer; Doug Ryan, Environmental Health Planner; and Jeannine Haag, Assistant County Attorney. Recording Clerk, S. Graves.

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

1. HORSETOOTH LAKE ESTATES LOTS 50-52 AMENDED PLAT

(#95-SA0782): 01-06-70 HORSETOOTH LAKE ESTATES OFF OF

COUNTY ROAD 38E; 1.12 ACRES; O-OPEN ZONING

This is a request to divide one lot in half and add each half to the adjacent lot. Three lots will become two building sites. Staff Findings include: 1) Horsetooth Lake Estates was approved in 1964; 2) The lots are relatively small and do not meet current minimum lot size requirements; 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 50, 51, and 52, Horsetooth Lake Estates, with the condition that the applicant provide written commitment for water and sewer service before the Plat is recorded.

2. LETITIA LAKE LOTS 8 & 9, BLOCK 3 AMENDED PLAT (#95-SA0790):

27-10-73, LETITIA LAKE SUBDIVISION IN RED FEATHER LAKES;

.59 ACRES; O-OPEN ZONING

This is a request to combine two subdivision lots and one metes and bounds parcel into a single building site. Staff Findings are: 1) Letitia Lake Subdivision was approved in 1928; 2) The lots are relatively small and do not meet current standards; 3) This request is to combine two existing lots with an adjacent parcel resulting in one building site; 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 8 & 9, Block 3, Letitia Lake Subdivision.

M O T I O N

Commissioner Clarke moved that the Board adopt the Staff Findings and Staff Recommendations and approve the Horsetooth Lake Estates Lots 50-52 Amended Plat (#95-SA0782) and the Letitia Lake Lots 8 & 9, Block 3 Amended Plat (#95-SA0790); with conditions as outlined.

Motion carried 3 - 0.

3. JENSEN BOAT & RECREATION CENTER (#95-MS-0717): SE 1/4

10-06-68, WEST SIDE OF INTERSTATE 25, SOUTH OF COUNTY ROAD

36; 63.27 ACRES; 2 LOTS; FA-1 FARMING ZONING

This is a request to subdivide 63.27 acres into 2 parcels of 25.39 & 37.88 acres and rezone from FA-1 Farming to C-Commercial to allow a boat sales & service operation, with the adjoining lake being used for test driving, boating safety classes, fishing and scuba classes. Mr. White reminded the Board that this request was heard by the Board on October 2, 1995 and, at that time, the Board requested staff and the developer to meet to discuss and resolve several concerns and to develop proposed conditions of approval. Mr. White submitted a memo from Mr. Ryan, dated October 3, 1995, responding to issues relating to the on-site sewer for the recreation center; he also submitted the applicant's narrative, and noted that the findings and conditions of approval presented today were drafted from that narrative. Mr. White noted that the applicant agrees to all the conditions as proposed, but would like to discuss the conditions relating to hours of operation and timing for the removal of the batch plant. The proposed findings are: 1) The proposed use is generally compatible with the surrounding area, and will not affect land uses or property values in the area; 2) The completion of the gravel mining operation represents a material change in the area, which makes the rezoning appropriate; 3) The reclamation and site development plan provide significant open space, which is consistent with the intent and purposes of the Plan for the Region between Fort Collins and Loveland; 4) Approval of the rezoning will not affect the public health, safety or welfare; 5) Approval of this rezoning is specific to the submitted development plan and proposed use; this approval shall not be considered as a precedent for other commercial development in this planning area.

Jim Sell, representing the applicant, noted that the applicant would like for the hours of operation be amended to daylight hours rather than 9:00 a.m. until 6 p.m., and requested that the concrete batch plant be removed prior to issuance of the Certificate of Occupancy rather than at the time of issuance of the building permit. Mr. Sell stated that condition #6 mentions food service and there is no food service being requested, and he indicated that the applicant is willing to provide a management plan for the lake, as suggested by Mr. Ryan. Mr. Sell presented three alternate plans of the site plan and noted that all three plans propose solid berming; Commissioner Clarke indicated that he much preferred the original site plan, dated May 16, 1995. Mr. Sell stated that in effect this is a TDR project as 25 acres are farm and not being rezoned, and 32% of the 37 acres being rezoned will remain in open space; he noted that the applicant is willing to put a deed restriction on the 25 acres, stating they will forever give up any other rezoning or development rights to that land and he noted that the applicant is contributing an easement without charge for the trail system. Questions from the Board and discussion followed concerning RV sales and amount of recreation equipment to be allowed.

The following persons addressed the Board in support of this proposal: Jack Swets, Del Brooks, and Rick Van Fleet; they all indicated that this is the best use for this site and is an opportunity to have what everyone is seeking -- landscaping, recreation, open space, etc. and it will all be privately maintained and will not cost the taxpayers anything. They also favor this use because of concern for other allowable uses which could go in on this site. Mr. Sell suggested a compromise for the landscaping and noted that they designed the other site plan options because they were trying to appease the Board and achieve minimal visual impact.

At this time, the public comment portion of the hearing was closed and opened for Commissioner's comments. Commissioner Clarke indicated he thinks this is an excellent use for this piece of property and it is totally unsuitable for residential use; with regard to the site plan, he would like a compromise of a combination of some of the new things proposed in the three alternative site plans which provide screening along I-25, but to include part of the original plan which involves the little pads. Commissioner Duvall reviewed the history of the Corridor Plan and how hard the Corridor Task Force worked to come up with goals, objectives, and a plan to maintain and protect separate community identities between Fort Collins and Loveland and to preserve open space; she stated that this Corridor Task Force entrusted the Board to implement and follow their Plan and now the Board is being asked to approve something that goes against the IGA and Corridor Plan. Chair Disney stated he is concerned about the impact of this potential use on the property to the west if it is developed and he suggested that the hours of operation end at 8 p.m. between May 15 and September 15 of each year. Commissioner Clarke noted that the main goal of the Corridor Plan is to preserve open space and this proposal is consistent with the Plan.

After much discussion, the proposed conditions of approval for the Jensen Boat and Recreation Center were amended by the Board as follows: 1) Signage shall comply with the requirements of the Larimer County Zoning Resolution (as of October 26, 1996, this would allow one sign, maximum 90 square feet); 2) Hours of operation shall be daylight hours, Monday through Saturday, except May 15 through September 15, which shall be from 8:00 a.m. until 8:00 p.m.; 3) Fire protection facilities shall be installed in accordance with the requirements of the Poudre Fire Authority, and shall be operational prior to issuance of a permit for any above ground construction; 4) Landscaping shall be installed according to the submitted landscape plan, dated May 16, 1995, with the addition of the screening proposed in Option A of the October 25, 1995 plan, and any trees added to the berm will be coniferous. The landscaping and irrigation system shall be in place prior to issuance of a Certificate of Occupancy, or shall be guaranteed by a Development Improvements Agreement with collateral; 5) Display and storage of boats and vehicles shall occur only as shown on the site plan dated May 9, 1995 and a maximum of 25 display vehicles to be displayed on landscaped pads screened from I-25 with deciduous and coniferous trees; 6) Applicant must comply with all requirements of the County and State Health Departments pertaining to hazardous waste storage/disposal, on-site sewage disposal, and food service according to the memo dated October 3, 1995 from Doug Ryan to Jerry White; these must be addressed with Final Plat submittal; 7) A covenant shall be recorded which provides that use of Lots 1 and 2 is limited to that approved by the Board of County Commissioners under this proposal; 8) The concrete batch plant shall be removed prior to issuance of a Certificate of Occupancy for this project; that access shall be eliminated and the site reclaimed; 9) The existing advertising signs shall be removed within 120 days of approval of this project by the Board; 10) Water quality in the proposed lake shall be protected by full compliance with a management plan based on the recommendations contained in the memo from Stephen Johnson, Riverside Technology, to Jim Sell dated July 20, 1995; the management plan to be approved by the Larimer County Health Department; 11) Applicant has agreed to grant a trail easement through the property; said easement location and conditions to be determined by discussions between the applicant and the County Parks Department; 12) There shall be no storage of boats or vehicles, except as related to the sales and repair of those boats and vehicles; 13) All construction must comply with the requirements of the County Floodplain Resolution; 14) Client, employee, and service vehicle traffic shall be discouraged from using any unpaved County Road in the area; 15) Prior to site development, applicant must provide written evidence from the Colorado Division of Water Resources, that a substitute water supply plan has been approved; 16) A Final Plat must be submitted within one year of final approved; if development of Lot 1 is not commenced within two years, the County may reconsider or revoke the rezoning action; 17) Final Plat must include all utility easements requested by the utility companies; 18) Except as modified by the above conditions, all development and use of the site shall be consistent with Zoning File Exhibit A (Application for Rezoning and Subdivision, dated May 16, 1995, including all attached information and plans; also including site plans, landscaping plans, and narrative, dated October 25, 1995); 19) A conservation easement be granted on Lot 2 to prohibit further development; 20) There will be no motorized RV sales; 21) There will no public recreational use on the pond.

M O T I O N

Commissioner Clarke moved that the Board approve the Jensen Boat & Recreation Center (#95-MS0717), with the revised conditions as outlined above.

Motion carried 2 - 1; Commissioner Duvall dissenting.


4. MORNING STAR CHURCH MINOR RESIDENTIAL DEVELOPMENT

APPEAL (#95-EX0785): NE 33-10-73, SOUTH OF RED FEATHER;

2.86 ACRES; O-OPEN ZONING

This is a request for an appeal to the Board to allow the processing of a minor residential development application for a parcel that does not meet the MRD criteria for range, lot size, or use. Mr. Helmick described the request and reviewed the concerns and issues; he noted there is a significant amount of local support for this proposal and there have been no objections raised. 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) A variance to the minimum lot size has been approved by the Board of Adjustment; 5) The Morning Star Community Church is an established community use in the Red Feather Lakes area. The Staff recommendation is for denial of the requested appeal to the criteria for a minor residential development which would allow the Morning Star Community Church to apply for a minor residential development.

Pastor Brian Wechsler addressed the Board and described how the congregation has grown since 1986 and how they have outgrown their present facility; he stated that parking is at the maximum and they would like to have added to their present building, but it would have reduced the amount of the existing parking and there just is no room. Pastor Wechsler stated that their ministry is to minister to the needs of the community and this new building will enable them to do that more effectively, especially working with children; he noted that the subdivision process is a lot more costly and more time consuming and he would appreciate the expediency of going through the MRD process. Discussion followed; Mr. Lynam noted that one concern will be the access off County Road 74E, which will have to be addressed during the MRD process. Commissioner Duvall asked about the on-lot septic being adequate; Mr. Ryan responded that they did preliminary calculations and the applicant will have to design a system to handle the Sunday congregation. Chair Disney suggested that, if this appeal if granted, the MRD request should go before the Planning Commission because of the issues which need to be resolved.

M O T I O N

Commissioner Duvall moved that the Board approve the Morning Star Church Minor Residential Development Appeal (#95-EX0785), with the understanding that it will be reviewed by the Planning Commission.

Motion carried 3 - 0.

5. ASPEN ACRES MOBILE HOME PARK (#94-ZR0516): NE 1/4

11-04-69, WEST OF U.S. 287, NORTH OF COUNTY ROAD 10E AND

EAST OF THE BERTHOUD RESERVOIR

This is a request for an extension of time to fulfill conditions of Special Review for a 136 space mobile home park. Mr. White reviewed the background of the proposal and submitted copies of the minutes of the last meeting regarding this proposal with the Board. Staff Findings are: 1) The Board of County Commissioners on June 19, 1995 approved a Special Review to allow development of the Aspen Acres Mobile Home Park; 2) Two of the conditions of approval were not accomplished within the required time limit; 3) The developer has requested an extension of time to complete the conditions; 4) Approval of the request would not affect the health, safety, or welfare of the public.

The Staff recommendation is for the Board to approve an extension until December 1, 1995 to allow time for the Aspen Acres developer to provide the required study regarding dam break impact and a plan for the storage of Champion mobile homes. Mr. White noted that the dam break study has been provided and the storage issue is close to being resolved; he noted that Mr. Dave Shupe of Landmark Engineering has had some serious health problems which have contributed to the delay.

Craig White, representing D & B Construction, Inc. responded to questions from Commissioner Duvall relating to the condition requiring railroad signalization and noted that an understanding has been reached and a solution will be provided within one year, at a cost of $100,000 for the developer. Mr. White stated that they have been continuously working to resolve the Champion mobile home storage problem and he reviewed several options which have been considered. Discussion and questions from the Board followed and their reluctance to approve this request for an extension of time was evident. Mr. Craig White described the hardship which would result if the Board denies this time extension of seventeen days and he reiterated that they have tried to negotiate with Champion in good faith and are very close to working out a solution.

M O T I O N

Commissioner Duvall moved that the Board adopt the Staff findings and Staff recommendation and approve a time extension until December 1, 1995 for the Aspen Acres Mobile Home Park to allow time for the developer to provide the required plan for the storage of Champion mobile homes.

Motion carried 2 - 1; Chair Disney dissenting.

The meeting adjourned at 5:15 p.m.



TUESDAY, NOVEMBER 14, 1995

HUMAN RESOURCES STANDING MEETING

WITH RALPH JACOBS

(#398)

The Board of County Commissioners met at 9:30 a.m. in regular session with Ralph Jacobs, Human Resources Director. Chair Disney presided; Commissioners Clarke was present. Also present were: Ed Rutherford, Chair Retirement Board; Frank Lancaster, County Manager; Neil Gluckman, Assistant County Manager. Recording Clerk, A. Jensen.

1. Retirement Board Legal Budget: Mr. Jacobs began the meeting with an introduction of Mr. Rutherford as well as an explanation of today's topic. Mr. Rutherford expressed the concerns of the Retirement Board regarding their budget for legal fees. An explanation was provided by Mr. Jacobs and Mr. Rutherford with respect to how the fees were incurred. Discussion ensued regarding their responsibilities, the administrative costs of the retirement board, and where the funds are derived for these costs. The Commissioners offered suggestions as to how requests for attorney services from the Human Resources Department may be handled in the future.

At this time Mr. Keister joined the meeting.

2. Classified Employee Pay Plan: A brief summary was provided by Mr. Jacobs of the proposed classified employee pay plan. Referring to the information provided, Mr. Jacobs stated he is proposing Alternative 2 as outlined in the memo. Much discussion ensued regarding this pay plan, the Ten County Budget Conference Survey, and how this pay plan will affect pay for performance. Mr. Lancaster suggested that reaching the median salary range for County employees become the Commissioners next major project; low salaries are affecting morale adversely. Commissioner Clarke expressed his support of Mr. Lancaster's suggestion, inquiring as to how Larimer County fits compares to salaries in the other public entities as well as the private sector. CONSENSUS OF THE BOARD was to instruct Mr. Jacobs to calculate the cost of employee turnover and examine the turnover rate of each department. Mr. Lancaster noted that the listing of benchmarks and proposed grade increases needs to be re-examined.

M O T I O N

Commissioner Clarke moved that the Board implement Alternative 2 as outlined in Mr. Jacobs memo and set aside savings in the budget.

Motion carried 2 - 0.


3. Planned Sick Leave Discussions with Employee Human Resources Advisory Committee (EHRAC): Mr. Jacobs reported that he is about to engage in a discussion of sick leave policy and will be gathering information to review the current sick leave policies.

M O T I O N

Commissioner Clarke moved that the Board go into Executive Session at 10:35 a.m. to discuss contract negotiations.

Motion carried 2 - 0.

Executive session ended at 11:00 a.m.; no action taken.

MEETING WITH ILENE MONROE

DIRECTOR OF OPERATIONS FOR THE

HUMANE SOCIETY FOR LARIMER COUNTY

(#399)

The Board of County Commissioners reconvened at 1:30 p.m. in regular session with Ilene Monroe, Director of Operations for the Humane Society for Larimer County. Chair Disney presided; Commissioners Clarke and Duvall were present. Also present were: Frank Lancaster, County Manager; Neil Gluckman, Assistant County Manager; and Marla Hehn, Assistant County Attorney. Recording Clerk, A. Jensen.

Ms. Monroe stated the reason for today's meeting was to review the proposed resolution and ordinance concerning animal control and dog licensing; stating concerns and problems such as barking dogs and livestock not covered by existing brand laws. Mr. Gluckman also stated that this meeting is a result of the Commissioners' desire to tighten up certain laws with respect to animal control, licensing and impound fees; this resolution and ordinance will lend uniformity to the fees charged and bring them in line relative to municipalities within Larimer County and surrounding counties. It was noted the last time the Humane Society fees were increased was approximately seven years ago. Discussion ensued regarding the proposed resolution and ordinance, penalty assessment, dangerous animals, court summons, and proposed and current fees. In response to the topic of animal control in densely populated areas, Mr. Lancaster suggested that the resolution and ordinance apply the criteria of 100 person per square mile. CONSENSUS OF THE BOARD is to not require cats located in unincorporated Larimer County to be confined. Much discussion ensued regarding the draft of this resolution and ordinance. Ms. Monroe expressed her concerns regarding the Humane Society's lack of jurisdiction over livestock not covered by brand law; such as goats, llamas, emus, sheep, pigs, etc. Ms. Monroe stated that the Humane Society needs some legal means by which to impound and process complaints involving these animals. Mr. Gluckman suggested that the definition of 'at large' be re-defined for different types of animals. Several suggestions and corrections were offered by the Commissioners, Mr. Gluckman and Mr. Lancaster. CONSENSUS OF THE BOARD was to leave the word 'Dogs' in Section IV, paragraph A and tighten up the nuisance regulations so that the Humane Society can address problems raised by citizens concerning vicious or dangerous animals. The Commissioners also expressed interest in developing regulations giving them the authority to deal with individuals who treat their animals inhumanely. Discussion followed regarding the fees for non-licensed animals, and reclaim and boarding fees. Commissioner Duvall noted that the audit of the Humane Society will be complete in two weeks, at which time discussion of the contract will take place.

Ms. Monroe distributed information regarding services offered by the Humane Society for the Commissioners to review.

The meeting adjourned at 3:00 p.m.

ABATEMENT HEARING FOR

AVIATION ADVENTURES ALOFT

(#400)

The Board of County Commissioners reconvened at 3:10 in regular session with Carla Woodard-Cowling, Senior Appraiser. Chair Disney presided; Commissioners Clarke and Duvall were present. Recording Clerk, A. Jensen.

Mr. Garcia began the meeting with testimony regarding the personal property owned by Aviation Adventures Aloft, schedule # 8137323, of which he is the owner. Mr. Garcia stated that he had not received his personal property declaration in 1992, since he had closed Aviation Adventures Aloft and moved from the address listed in the Assessor's office. Mr. Garcia also stated that during an audit of Aviation Adventures Aloft's personal property in January 1992 by the Assessor's office, he had mentioned he was closing the business. As a result he did not find it suspicious when he did not receive the subsequent personal property declarations that were mailed by the Assessor's office. Much discussion ensued regarding the equipment listed on the personal property declaration.

Ms. Cowling also presented information and gave testimony in support of the Assessor's office recommendation of denial for this request. Ms. Cowling noted that the 1994 declaration was mailed in January 1994 and was not filed by Aviation Adventures Aloft. On May 31, 1994 a letter was mailed to inform the business that the Assessor's office had not received their 1994 declaration and that a penalty for failing to file would be assessed; no response was received by the Assessor's office. A 25% penalty was added to the 1993 value for failure to file the 1994 declaration. A notice of value was mailed on June 15, 1994, from which no protest was registered.

Much discussion followed.

M O T I O N

Commissioner Clarke moved that the Board not concur with the Assessor's office recommendation for denial and approve the request for an abatement from Mr. J.J. Garcia for schedule number 8137323 in the amount of $555.56.

Motion carried 3 - 0.

The meeting adjourned at 4:00 p.m.

WEDNESDAY, NOVEMBER 15, 1995

ADMINISTRATIVE MATTERS

(#401)

The Board of County Commissioners met at 9:00 a.m. at Loveland High School for County Seat for a Day. Chair Disney presided; Commissioners Clarke and Duvall were present. Also present were: Gayle Morgan, Planning Staff Services Manager; Michele Yeager, Planning Administrative Services Assistant; John MacFarlane, Director of Parks; Ralph Jacobs, Director of Human Resources; Joan Duchene, Commissioner's Office Supervisor; Donna Hart, Assistant to the County Manager; and Frank Lancaster, County Manager. Recording Clerk, S. Graves.

1. OPEN SESSION FOR PUBLIC COMMENT: Dan Skipworth requested the Commissioners to inspect the condition of the roads (CR 20E, CR 20C, CR 9E north to the Water Park, and E. 7th Street) by his home at 1820 E. First St. in Loveland; Chair Disney stated he will check into improvements he thinks are going to be made to some of these county roads and report back to Mr. Skipworth. Mark Miller expressed his displeasure with the run around and incompetence he has encountered with the County for over a year in trying to obtain a lot size variance and MRD approval; he noted he has received inconsistent information, which has resulted in delay and additional expense. Chair Disney will look into the matter and call him back this afternoon. John Leismeister expressed concern regarding a meeting he recently attended regarding the transfer of management of the Larimer County Parks to the State of Colorado. He raised several questions and concerns about the transfer and noted there is no economic data to substantiate the proposal and he wants the Board to require more of an economic analysis on this transfer; he asked the Board to look at this transfer very carefully.

2. NINTH GRADE CIVICS CLASSES JOINED THE MEETING: The students were given a test containing questions about Larimer County and then the correct answers were discussed. The students asked the Commissioners questions, such as: 1) How did you get started in politics? 2) What are the boundaries of our County? 3) What issues are you dealing with right now? 4) What will the population of Larimer County be in 10 years? 5) What is the hardest part of your job? 6) How much money do you make and is it a full-time job? 7) What are your likes and dislikes about the job? 8) How much money does Larimer County have to spend each year and where does most of that money go? The Commissioners answered all their questions.

3. APPROVAL OF FINAL PLAT FOR WILLCOXON SUBDIVISION: The Board was requested to approve the Final Plat for the Willcoxon Subdivision.

M O T I O N

Commissioner Duvall moved that the Board approve the Willcoxon Subdivision Final Plat, and authorize the Chair to sign same.

Motion carried 3 - 0.

4. ROCKVIEW PUD FINAL PLAT: The Board was requested to approve the Final Plat for the Rockview Planned Unit Development.

M O T I O N

Commissioner Clarke moved that the Board approve the Rockview PUD Final Plat, and authorize the Chair to sign same.

Motion carried 3 - 0.

5. ADOPT POLICY ON DIVISION OF DUTIES: Mr. Lancaster requested Board approval of a written policy outlining the Board of County Commissioners Division of Responsibilities, Duties and Assignments.

M O T I O N

Commissioner Duvall moved that the Board of County Commissioners adopt the Commissioner's Policy on the Division of Duties for the Board of County Commissioners, and authorize the Chair to sign same.

Motion carried 3 - 0.

6. RESOLUTION DECLARING ELECTION RESULTS: Mr. Lancaster requested Board approval of a Resolution Concerning the Election on Initiated Issue 100.

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners approve the Resolution Declaring Election Results on the Open Space Initiative, and authorize the Chair to sign same.

Motion carried 3 - 0.

R95-172g RESOLUTION CONCERNING ELECTION ON INITIATED

ISSUE 100

7. PLANNING COMMISSION STAGGERED TERMS: Ms. Morgan requested the Board to approve the extension of several terms of members on the Planning Commission in order to stagger their terms and alleviate the problem of too many terms ending at the same time; Ms. Morgan submitted a memo outlining the terms to be extended and noted that the Board will also need to allow an exception to policy of term limitation for Steve Johnson, as he has already served two terms.

M O T I O N

Commissioner Clarke moved that the Board alter the terms of the following Planning Commission members to provide for staggered terms, as recommended by the Planning Department in their memo of October 30, 1995: 1) Allow an exception to the policy of term limitation and extend Steve Johnson's term from June 30, 1996 to June 30, 1997; 2) Extend Mike Doten's term from June 30, 1996 to June 30, 1998; 3) Extend Ed Haimes' term from June 30, 1996 to June 30, 1998.

Motion carried 3 - 0.

Ms. Morgan also requested the Board to allow the alternate positions on the Planning Commission to be filled with three-year terms in order to keep only three positions expiring per year, rather than the one-year term now allowed for alternates. Discussion followed; the Board decided to stay with the status quo on this policy, but will discuss this matter further at a later time.

8. PLANNING COMMISSION VACANCY: Ms. Morgan requested the Board to approve the appointment of either Pete Salg or George Wallace, both currently serving as alternates on the Planning Commission, to fill the unexpired term of Jim Hoeven who has resigned because of illness. Discussion followed and the Board concurred that both alternates are valuable members and would serve the Commission very well.

M O T I O N

Commissioner Duvall moved that the Board appoint George Wallace to the Planning Commission to fill the vacancy created by the resignation of Dr. Jim Hoeven, and request staff to draft a resolution of support for Pete Salg recognizing his innovative ideas.

Motion carried 2 - 1; Commissioner Clarke dissenting.

9. LIONS PARK IMPROVEMENTS: Mr. MacFarlane informed the Board that the request for bids for Lions Park went out last summer and the bids came in $50,000 over budget; Mr. MacFarlane thought the bids were too high and requested a rebid, and the total bid came in at $165,000. Mr. MacFarlane noted that they have received a Federal Grant for $50,000 and the original budget was for $110,000, which includes the grant money; therefore, the difference for the county to pay is $100,000. Mr. MacFarlane suggested the Board allow him some flexibility to exceed his budget to take the difference out of the fund balance; or the other option is not to do the project and return the Federal Grant. Mr. MacFarlane plans to meet with the contractor and eliminate some items included in the project in an attempt to reduce the cost somewhat; discussion followed.

M O T I O N

Commissioner Duvall moved that the Board of County Commissioners allow Mr. MacFarlane the flexibility to utilize his fund balance for an additional $55,000, if needed, to get the Lyons Project completed.

Motion carried 3 - 0.

10. WAIVER OF POLICY FOR HIRING OPEN SPACE MANAGER: Mr. MacFarlane requested the Board approve an exception to the County Personnel Policy Manual Section 504; he noted that as the voters approved the collection of a sales tax for the purpose of acquiring open space and other uses, a Manager of the Open Lands Program needs to be hired at a salary grade of 159. Mr. MacFarlane stated that the request for the exception is to allow the Parks Director to hire at any step within grade 159 to provide him greater flexibility and permit him to hire a well-qualified employee. Mr. Jacobs stated that they are proposing to waive the policy so they can hire any where from A to M Step to give greater flexibility within Grade 159. Mr. MacFarlane described the type of person he will looking for; Commissioner Duvall requested that a job duty of this person be to help large land owners understand their options and other suggestions for qualifications were offered by the Board.

M O T I O N

Commissioner Duvall moved that the Board approve the Parks Department request that section 504 of the Larimer County Personnel Policy Manual be waived so that the Parks Director may hire a Manager of Open Lands Program at any step within pay grade 159.

Motion carried 3 - 0.

11. RECLASSIFY RISK MANAGER FROM APPOINTED TO CLASSIFIED STATUS: Mr. Jacobs stated that the Financial Services Director is requesting that the vacant position of Risk Manager be changed from an appointed official to a classified employee, at a salary grade of 161. Mr. Jacobs noted that this position was originally created as a classified position; however, in 1989 it was changed to an appointed position because of a conditional request made by the incumbent Mr. Burch. This action, if approved, will result in consistent treatment of both the department director positions within the Financial Services Division.

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners reclassify the Risk Manager position from an appointed to a classified position, as requested by the Financial Services Director.

Motion carried 3 - 0.

12. APPOINTMENTS TO LARIMER EMERGENCY TELEPHONE AUTHORITY: Ms. Duchene submitted the consent forms from the respective entities recommending that the Board make the following appointments to the Larimer Emergency Telephone Authority Board:

M O T I O N

Commissioner Duvall moved that the Board appoint the following persons to the Larimer Emergency Telephone Authority Board: Captain Chris Klass of the Loveland Fire Department, to represent the fire districts; Capt. David Davison, as a representative for the City of Loveland; and Chief Randy Repola of the Estes Park Police Department, to represent Berthoud, Estes Park, Timnath and Wellington; all for a two-year term ending December 31, 1997.

Motion carried 3 - 0.

13. APPOINTMENTS TO FAIR BOARD: Ms. Duchene noted that the terms of five members on the Fair Board will expire as of November 30, 1995 and those members are requesting reappointment; she also noted that Carl Danial will be completing his second term and is requesting a waiver of the two term limit in order for him to be reappointed. Ms. Duchene also requested the Board make an appointment of a new Fair Board member to complete the term of Dave Jones, who has resigned due to relocation out of the County. Chair Disney noted that he and Fairgrounds Manager Bob Holt conducted interviews of several of the applicants for this position, and their recommendation is that Judith Meier be appointed to fill the unexpired term of Mr. Jones.

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners appoint Judith Meier to the Fair Board, for a one year term to expire November 30, 1996, to fill the unexpired term of Dave Jones; and to reappoint John Cheney, Kathie Troudt, Phil Hein, and Danny Davis to the Fair Board, and also approve a waiver of the two-term limit and reappoint Carl Danial; each for a three-year term to expire November 30, 1998.

Motion carried 3 - 0.

14. APPOINTMENTS TO THE EXTENSION ADVISORY COMMITTEE: The Larimer County Extension Advisory Committee and Extension Director Laurel Kubin have recommended that the Board appoint the following persons to the Extension Advisory Committee:

M O T I O N

Commissioner Duvall moved that the Board appoint John Pfiffenberger, JoAnn Bjarko, Tara Zeleny, and Dan Fahrlander to the Extension Advisory Committee, each for three-year terms to expire June 30, 1998, and also appoint Jim Geist, term to expire June 30, 1997, as recommended by the Larimer County Extension Advisory Committee and Ms. Kubin.

Motion carried 3 - 0.

15. WORKSESSION:

-- Items for Policy Worksession: Mr. Lancaster submitted a list of suggested topics for discussion during Policy Worksession tomorrow. As Commissioner Duvall recommended the Board attend the Planning Department's follow-up session on the Bleicker Seminar; the Board decided they will only discuss two items during Policy Worksession; i.e., the HHS Manager job description and GIS.

16. COMMISSIONER REPORTS:

-- Commissioner Clarke requested that during the discussion of the HHS Manager's job description during Policy Worksession tomorrow, he would also like a progress report on what is being done to resolve their space problem so he can report back to them at their next meeting.

-- Commissioner Duvall reported on the meeting she attended with the Multi-Cultural Commission; she noted that Larimer County is behind the other entities because we joined later; consequently, she thinks the Multi-Cultural Commission needs some immediate Commissioner attention and commitment. Commissioner Duvall noted that Larimer County has an internal team which has been appointed and they have been working very hard on their own and now the Commissioner's need to give them more visibility, support, and involvement; she offered to be the liaison to that Team, if the Board agrees, as she is really committed to making something happen on this Commission; the Board concurred with her suggestion.





17. DOCUMENT REVIEW:

M O T I O N

Commissioner Clarke moved that the Board approve the Minutes for the weeks of October 30, 1995 and November 6, 1995, as submitted.

Motion carried 3 - 0.

M O T I O N

Commissioner Clarke moved that the Board approve the Schedule for the week of November 20, 1995, as submitted.

Motion carried 3 - 0.

M O T I O N

Commissioner Duvall moved that the Board approve the following documents, as listed on the Consent Agenda on Document Review for November 15, 1995:

MISCELLANEOUS DOCUMENTS: West Hiawatha Heights Amended Plat; Windcliff Fifth Amended Plat; Horsetooth Lake Estates Amended Plat, Lots 50-52; Rockview PUD Final Plat; Willcoxon Subdivision Final Plat; and the Office on Aging 1996 Annual Plan. LIQUOR LICENSES: Licenses were issued for: The Loyal Order of Moose, Lodge #275 - 6% WITH EXTENDED HOURS - Fort Collins, CO.; River Forks Stage Stop - 6% WITH EXTENDED HOURS - Drake CO.; The Cow Palace - 6% WITH EXTENDED HOURS - Fort Collins, CO.; Verns Liquor - 6% - LaPorte, CO.; and Columbine Lodge - 3.2% - Bellvue, CO. County Approval was granted to: Young's Liquor - 6% - Fort Collins, CO.; Masonville Store - 3.2% - Masonville, CO.; The Hunt Club - 6% - Fort Collins, CO.; Indian Meadows Lodge - 6% - Bellvue, CO.; Sun Deck Restaurant - 6% - Estes Park, CO. and Red Feather Liquors - 6% - Red Feather, CO.

A95-122 EASEMENT GRANT AGREEMENT BETWEEN THE BOARD

OF COUNTY COMMISSIONERS AND HOWARD N. CARMAN

AND LENA S. CARMAN (ROW to Provide Ingress and Egress)

A95-123 COLORADO STATE UNIVERSITY CONSULTING AGREEMENT

BETWEEN THE LARIMER COUNTY DEPARTMENT OF

HEALTH AND ENVIRONMENT AND THE COLORADO STATE

BOARD OF AGRICULTURE THROUGH CSU ( Performance of

Pollution Prevention Activities According to State Health Department

Grant Requirements)

A95-124 PURCHASE, SALE AND LICENSE AGREEMENT BETWEEN THE

BOARD OF COUNTY COMMISSIONERS AND OPTICAL

INTERSTORE, INC. (Purchase and Sale of Computer Equipment and

Services)

C95-62 CONTRACT BETWEEN THE BOARD OF COUNTY

COMMISSIONERS AND THE STATE OF COLORADO,

DEPARTMENT OF LOCAL AFFAIRS, GOVERNOR'S

COMMUNITY PARTNERSHIP OFFICE (Americorps Program)

R95-173z SPECIAL REVIEW FINDINGS AND RESOLUTION APPROVING

THE PETITION OF ARROW VALLEY RANCH

R95-174s FINDINGS AND RESOLUTION APPROVING THE VACATION

OF UTILITY EASEMENT IN WESTERN MINI RANCHES

R95-175s RESOLUTION REGARDING RELEASE OF COLLATERAL FOR

CIMARRON LAKE SUBDIVISION

R95-176s RESOLUTION REGARDING RELEASE OF COLLATERAL FOR

TIMNATH MEADOWS ESTATES

Motion carried 3 - 0.

The meeting adjourned at 11:55 a.m.


______________________________________

JIM DISNEY, CHAIR

BOARD OF COUNTY COMMISSIONERS

( S E A L )

ATTEST:

______________________________________

Sherry E. Graves, Deputy County Clerk

_______________________________________

Aimee Jensen, Deputy County Clerk

November 15, 1995

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