PROCEEDINGS OF THE BOARD OF COUNTY COMMISSIONERS

MONDAY, DECEMBER 11, 1995

LAND-USE PLANNING MEETING

(#410)

The Board of County Commissioners met at 3:00 p.m. in regular session to discuss land-use matters. Chair Disney presided and Commissioner Duvall was present; Commissioner Clarke will be out of town this week. Also present were: Al Kadera, Subdivision Administrator; Jerry White, Zoning Administrator; Carol Evans and Richael Michels, Planners I; Rob Helmick, Planner II; John Pedas, Code Enforcement Officer; Harry Lynam, Project Engineer; Doug Ryan, Environmental Health Planner; and Jeannine Haag, Assistant County Attorney. Recording Clerk, S. Graves.

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

1. LYNN ACRES LOTS 5A & 5B AMENDED PLAT (#95-SA0796):

12-06-69 ON THE SOUTH SIDE OF TRILBY ROAD, EAST OF

HIGHWAY 287; 3.31 ACRES; FA-FARMING ZONING

This is a request to reconfigure two existing lots. Staff findings include: 1) Lynn Acres Subdivision was approved in 1971; 2) The proposed Amended Plat is intended to reconfigure two existing, contiguous lots; no new building sites will result from this Amended Plat; 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 5A and 5B, of the Amended Plat of Lots 4 and 5, Block 7, Lynn Acres.

2. WILFORD MINOR RESIDENTIAL DEVELOPMENT (#95-EX0780):

31-08-69 ON THE SOUTH SIDE OF COUNTY ROAD 50E AND THE

NORTHWEST SIDE OF CLAYMORE LAKE; 37.4 ACRES; 2 LOTS;

FA-FARMING ZONING

This is a request to divide 37 acres into two lots; one lot of 33 acres with an existing dwelling and one lot of 4 acres for a new dwelling. Staff findings are: 1) A Minor Residential Development appeal was granted by the Board of County Commissioners on August 28, 1995 to allow this application to proceed under the MRD regulations; 2) The proposed new lot has demonstrated that it is able to support a standard septic system; 3) The proposed new lot is in keeping with the existing zoning of the property and with the intentions of the LaPorte Area Land Use Plan; 4) All County, State, and other reviewing agencies, including utilities and fire protection providers, have been given the opportunity to review this proposal and have stated no objections to it; 5) The approval of this MRD, with certain conditions, will not adversely affect the health, safety, or welfare of existing residents.

The staff recommendation is for approval of the Wilford Minor Residential Development, with the following conditions: 1) Evidence that each lot has separate water service must be furnished to the Planning Department prior to recording the Final Plat; 2) The Planning Department must receive verification from the Engineering Department that the driveway has been upgraded to the standards specified by the Engineering Department prior to recording the Final Plat; 3) A document which clearly establishes the rights to the access easement and any maintenance requirements for both lots shall be recorded with the Final Plat; 4) The applicant must sign a document which obligates current and future lot owners to voluntarily rezone to RE Rural Estate, if such action is undertaken by the County. This document must be recorded with the Final Plat; 5) A 40' wide access easement must be shown on the Final Plat; 6) 20' of additional right-of-way must be dedicated along County Road 50E and shown on the Final Plat; 7) Any Public Service or other utility easements must be shown on the Final Plat; 8) The Final Plat must contain the following notes: a) Engineered footings and foundations are required for new residential construction; b) Uses are limited to single family residential only; c) Park fees are required with new residential building permits; d) Lots 1 and 2 utilize a shared point of access; e) This property may be rezoned by County action to RE Rural Estate in the future.

3. BEARD MINOR LAND DIVISION (#95-EX0795): SW 1/4 24-05-69 ON THE

WEST SIDE OF U.S. HIGHWAY 287, 2/3 MILE NORTH OF STATE

HIGHWAY 402; 1.82 ACRES; 2 LOTS; C-COMMERCIAL ZONING

This is a request to divide a developed property for the purpose of allowing the City of Loveland to purchase the southern portion of open-space; northern portion to be annexed. Staff findings include: 1) The purpose of this Minor Land Division is to break off a portion of the property to sell to the City of Loveland as open space; 2) The Minor Land Division process was created to provide for timely review of land divisions that result in no discernible impacts; 3) The proposed and existing uses, as well as the proposed annexation to Loveland, provides justification for allowing lots to be created with the Minor Land Division process which do not meet the minimum lot size requirements; 4) The approval of this Minor Land Division, with certain conditions, should not adversely affect the health, safety, or welfare of existing residents.

The staff recommendation is for approval of the Beard Minor Land Division, with the following conditions: 1) The following notes must be placed on the Final Plat: a) Any development of Parcel 2, including a building permit, requires approval of a Planned Unit Development; b) If the use of Parcel 1 changes from the existing flea market, public sewer must be utilized; 2) Additional right-of-way must be reserved on the Final Plat, as required by CDOT.

M O T I O N

Commissioner Duvall moved that the Board adopt the staff findings and staff recommendations and approve the Lynn Acres Lots 5A & 5B Amended Plat (#95-SA0796); Wilford Minor Residential Development (#95-EX0780); and the Beard Minor Land Division (#95-EX0795); each, with the conditions as outlined.

Motion carried 2 - 0.

4. BONNELL WEST PLANNED UNIT DEVELOPMENT 4TH FILING

(#95-MS0643): NW 31-05-69 WEST OF COUNTY ROAD 23, 15 MILES

WEST OF CAMPION; 9.04 ACRES; 9 LOTS; FA1-FARMING ZONING

This is a request for a Preliminary Plan for 9 residential lots ranging in size from .74 acres to 1.1 acres. This item was on the consent agenda but Commissioner Duvall requested it be removed for further clarification of the request and to ask several questions about the conditions. Rob Helmick described the request and noted that two conditions which were presented to the Planning Commission have been resolved--the sanitation system site application has been revised to accommodate these 9 additional units and the question regarding the water pressure above a certain level on two of the lots has been resolved by Little Thompson confirming that there is adequate water pressure without requiring booster pumps for those two lots (Lots 1 and 9). Staff findings are: 1) This phase plan is consistent with the approved Master Plan, originally approved in 1992; 2) The application and plans do comply with the PUD and subdivision regulations; 3) Water service is available and approved for the phase; two lots may have restriction due to elevation; 4) The sewage treatment plant for this development was originally approved for 88 units; this phase would increase the number to 97. The applicant has applied to revise or amend the existing permit. All local agencies and the Colorado Department of Health have approved the request, and the amendment is being reviewed by the Water Quality Control Commission; 5) No other agency or individual has identified or indicated any conflict with the proposal.

The Planning Commission/Staff recommendation is for approval of the 4th Filing of Bonnell West PUD, with the following conditions: 1) The landscaping plan should continue as proposed and installed in prior phases; 2) Park fees of $65 shall be paid at the time of building permit; 3) Passive testing of residential structures for radon shall occur prior to the issuance of a Certificate of Occupancy; 4) All new structures are required to have engineered footing and foundations.

Commissioner Duvall asked about the addition of 9 units to the Master Plan; Mr. Helmick responded that the Master Plan included these nine units originally and he noted that the basic infra-structure is already in place, but for financial reasons the applicant did not choose to plat these nine lots in the 3rd Filing. Commissioner Duvall also asked about the ability of Little Thompson Water District to supply the water, Mr. Helmick noted that a letter has been received from them stating that even though Lots 1 & 9 are above 5280 ft. elevation, there are also parts of the 3rd Filing which are above that elevation and there has been no need for pumps or other improvements in that Filing.

M O T I O N

Commissioner Duvall moved that the Board adopt the staff findings and staff recommendation and approve the Bonnell West Planned Unit Development 4th Filing (#95-MS0643), with the conditions as amended.

Motion carried 2 - 0.

5. BABISH/STAPP TRAVEL TRAILER VIOLATION: 34-05-70 AT 3431

NORTH CARTER LAKE ROAD (WINDJAMMER, AKA JJ'S ROADHOUSE

This alleged violation is for occupying two travel trailers as living quarters for employees/operators of the bar located on the same property. Mr. Pedas submitted photos of the site and provided the background information of the alleged violation for the Board; however, he noted that one trailer has been removed and the 5th wheel has been moved several hundred feet to the north. Mr. Pedas stated that technically the alleged violation has been resolved, but now the process needs to be started on a violation for storage of that trailer on an adjacent property. Staff findings include: 1) The subject property is zoned T-Tourist; 2) Travel trailer parks are permitted in the T-Tourist District through Special Review; 3) The parking and use of travel trailers as dwellings is not accessory to the operation of the restaurant and bar; 4) The continued use of the property inconsistent with the zoning requirements may affect property values in the neighborhood. The staff recommendation is to find that a violation exists, require compliance within 15 days, and authorize legal action if the compliance deadline is not met.

Ms. Babish commented to the Board that the trailers are removed from the site and that is what she was asked to do. She noted there is a trailer park nearby, but there are no vacant spots, and as soon as one opens, she will move her trailer there. Discussion followed regarding Ms. Babish possibly moving the trailer back and forth from one property to another in order to resolve pending violations.

M O T I O N

Commissioner Duvall moved that the Board find that this property (3431 North Carter Lake Road) is not suitable for the location of travel trailers and if they do re-appear, staff is authorized to take legal action immediately.

Motion carried 2 - 0.

6. COFFIN MINOR RESIDENTIAL DEVELOPMENT (#95-EX0726):

SE 35-05-69 ON THE WEST SIDE OF SOUTH GARFIELD AVENUE

(OLD U.S. HIGHWAY 287), 1/3 MILE NORTH OF COUNTY ROAD 18

AND CAMPION; 6 ACRES; 2 LOTS; R1-RESIDENTIAL ZONING

This is a request to divide a 6-acre parcel into 2 lots of 1 acre and 5 acres for single family dwellings; there is an existing single family dwelling located on the proposed 5-acre lot. Ms. Evans reviewed the proposal and noted that the applicants have requested the opportunity to discuss with the Board the condition requiring a shared access, as they are requesting a variance from the access policy; she noted that the Engineering Department has recommended that the two lots share a common driveway and the Planning Staff supports that recommendation. Ms. Evans noted that the applicant is in agreement with the remainder of the conditions. Staff findings are: 1) The proposed Coffin MRD is in compliance with the Larimer County Subdivision Resolution, Comprehensive Zoning Resolution, and the Comprehensive Land Use Plan; 2) Approval of the proposed Coffin MRD, with certain conditions, should not result in any significant negative impacts on the natural environment, adjacent properties, transportation, or provision of services.

The staff recommendation is for approval of the Coffin MRD, with the following conditions: 1) The Final Plat shall dedicate additional right-of-way of 10' for County Road 15 along the frontage of this property; 2) The two lots in this development shall utilize a common access point from County Road 15. The Final Plat shall provide easements as necessary to insure access to each lot; the access easement shall be a minimum of 40' in width. Construction of the common road and closure of the existing access point are the responsibility of the applicant. Written plans describing the road construction, along with a drawing of the typical cross-section, must be submitted and approved by the County Engineering Department prior to construction. A road maintenance agreement shall be submitted to address shared responsibility for maintenance; 3) Written verification from the Little Thompson Water District that all of the District's requirements for service have been satisfactorily completed shall be submitted; 4) A fire hydrant meeting the specifications of the Loveland Fire Protection District shall be installed for this development in a location approved by the Fire Marshal; 5) A written agreement with the Consolidated Home Supply Ditch and Reservoir Company shall be submitted for recording with the Final Plat; 6) Payment of school fees ($8) for the Thompson R2-J School District shall be required prior to Final Plat recording. The applicant is responsible for paying all recording fees for the plat and any required documents; 7) The following notes shall be included on the Final Plat: a) Uses in Minor Residential Developments are limited to single family residential and permitted accessory uses only; b) Street Waiver Fees for the Loveland Urban Growth Area shall be paid at building permit issuance for new residences; c) Larimer County Park Fees for the Loveland Urban Growth Area shall be paid at building permit issuance for new residences. The fee current at the time of building permit issuance shall apply; d) Shrink/swell soils are present at this site. Engineered footings and foundations shall be required for all new construction on these lots; e) Radon tests are required in all new residences after the building is enclosed, but prior to issuance of a Certificate of Occupancy. Test results shall be submitted to the Planning Department; f) The Loveland Fire Protection District highly recommends that new residences be protected with a residential fire sprinkler system installed in accordance with NFPA 13D because this property lies outside the recommended response areas for engine and ladder companies; g) These lots are subject to a written agreement with the Consolidated Home Supply Ditch and Reservoir Company regarding the irrigation facilities on this property; this agreement has been recorded with this Plat. The following restrictions also apply: Any crossing of the ditch, whether for roads, utilities or other facilities, requires prior approval from the Ditch Company. No landscaping is allowed within the ditch right-of-way. No fence is allowed within the right-of-way or across the right-of-way. The Ditch Company has the authority to install and maintain a road along each ditch bank for its purposes. The Ditch Company has indicated that there may be subsurface waters that arise in the area. Portions of the property may have significant amounts of water at or near the surface during some periods of time when water is flowing in the ditch system. Use of some portions of the property may be limited because of this situation. Historic irrigation and drainage patterns shall be maintained on the property. The quality of water entering the ditch from irrigation, precipitation and other sources should be maintained. No pollutants or hazardous material should be deposited in the ditch system. No livestock watering, swimming or other use of the ditch or its water is allowed. No dumping of refuse into the ditch or its right-of-way is allowed. No pumps for lawn or other irrigation are allowed in the ditch. The ditch easement cannot be used for hiking, biking, horseback or other motorized or non-motorized use; h) Prospective homeowners should be aware that during certain times of the year mosquitoes are numerous. Larimer County does not have a mosquito abatement program. Homeowners are responsible for mosquito control, which must be according to applicable Federal, State and local rules and regulations; 8) All conditions of approval must be completed and the Final Plat recorded by June 11, 1996, or this approval shall be null and void.

Rob Persichitte, representing the applicant, stated that they are asking for a double access on this property because of cost; if a waiver is approved, they will not close the existing access but just build a new access to the second lot. Discussion followed.

M O T I O N

Commissioner Duvall moved that the Board adopt the staff findings and staff recommendation and approve the Coffin Minor Residential Development (#95-EX0726), with the conditions as recommended.

Motion carried 2 - 0.

7. SHINN MINOR RESIDENTIAL DEVELOPMENT APPEAL (#95-EX0793):

NW 29-08-69, 1/3 MILE NORTH OF COUNTY ROAD 54G, EAST OF

ROLLING HILLS ESTATES SUBDIVISION (ACCESS VIA RAWHIDE

DRIVE); 11.5 ACRES; O-OPEN ZONING

This is a request for an appeal to allow submittal of a MRD on a property that was divided in 1972, that will require a lot size variance, and does not appear to have direct access to the public road system. Ms. Evans submitted a letter to the Board from Dr. and Mrs. Shinn describing their reasons for the appeal; the applicant was not present for today's hearing. Staff findings include: 1) The MRD process was amended in February of 1993 to limit the types of parcels that are eligible to be divided without going through the full subdivision process. The subject parcels were created in 1976 without any county approval, do not comply with the minimum lot size in the Open Zoning District and do not have direct access to the public road system; 2) The full subdivision process is available to evaluate development of parcels that are not eligible for consideration under the MRD process. A subdivision request on this property would be subject to review and comment from the Larimer County Planning Commission; 3) Any division of this property, whether by MRD or subdivision, would in inconsistent with the LaPorte Area Land Use Plan and with the minimum lot size requirements in the O-Open Zoning District. The staff recommendation is for denial of the Shinn MRD appeal.

Commissioner Duvall noted for the record that she talked with Dr. Shinn and, at that time did not understand that if he went to a MRD it would be too small of a lot to fit the LaPorte Area Plan, she thinks it is important to be consistent with that Plan; therefore, she is having problems with this request even though initially she suggested it as a possible route and thought he should investigate it. Commissioner Duvall noted that staff's suggestion for petitioning the Board of Adjustment for a temporary mobile home on the property while their son is in school seems to be a good approach, rather than permanently subdividing this property.

M O T I O N

Commissioner Duvall moved that the Board adopt the staff findings and staff recommendation and deny the Shinn Minor Residential Development Appeal (#95-EX0793) on the grounds that it is not consistent with the LaPorte Area Plan.

Motion carried 2 - 0.

The meeting adjourned at 3:35 p.m.










WEDNESDAY, DECEMBER 13, 1995

ADMINISTRATIVE MATTERS

(#411 & #412)

The Board of County Commissioners met at 9:00 a.m. in regular session with Frank Lancaster, County Manager. Chair Disney presided and Commissioner Duvall was present; as noted previously, Commissioner Clarke is out of town this week. Also present were: Mike Lloyd and Ginny Deal from the Forest Service; Rex Smith, Public Works Director; Dr. Keith Olson, Mental Health Director; Doug Keasling, Social Services Director; Ralph Jacobs, Human Resources Director; Joan Duchene, Commissioner's Office Supervisor; and Donna Hart, Assistant to the County Manager. Recording Clerk, S. Graves.

1. OPEN SESSION FOR PUBLIC COMMENT: No one appeared for the open session for public comment today.

2. POLE HILL ROAD UPDATE: Mr. Lloyd provided an update for the Board and submitted maps of the area showing the location of the Pole Hill Road and the area of natural forest bounded on the north by Highway 34 and on the south by southwest by Highway 36. Mr. Lloyd informed the Board that they are currently negotiating with the landowners to acquire an administrative access through the property, as well as to obtain public access to most of the area, and a non-motorized trail through the entire area. Mr. Lloyd reviewed the history of the area back to 1939 when the Commissioners at that time entered into an agreement with the landowners in the area to abandon public rights on the road, with certain stipulations. Mr. Lloyd stated that, because of the uncertainty regarding the access between Pinewood Lake and the easterly forest boundary, they would ask that the county solidify and perfect the existing rights and possibly acquire some new rights. Mr. Smith reviewed the existing right-of-way situation in this area and stated that if the Forest Service comes up with a plan to utilize the area and develop public access into it, the policy of the previous Board of County Commissioners will prevail in that the county would take over maintenance of the Pole Hill Road up to the forest boundary, provided the existing road easement was transferred from the Bureau of Reclamation to Larimer County.

3. REQUEST TO RECLASSIFY AND EXPAND MENTAL HEALTH POSITION FOR COMMUNITIES IN SCHOOLS PROGRAM: Dr. Olson requested the Board approve the reclassification of position MH 1075 from PW II to Mental Health Therapist I for the Communities in Schools project. Dr. Olson stated that because of some resignations and reorganization within his department, he would like to take the part-time 1075 position and increase it to a full-time position and reclassify it to a Mental Health Therapist I position. Dr. Olson stated that Mr. Jacobs has reviewed and approved this reclassification and no additional funding is being requested, as funds will be derived from existing budgeted funds in the Mental Health Department.

M O T I O N

Commissioner Duvall moved that the Board approve the reclassification of position MH 1075 from PW II to Mental Health Therapist I for the Communities in Schools project, as requested by Dr. Olson.

Motion carried 2 - 0.

4. SOCIAL SERVICES PURCHASE OF MENTAL HEALTH SERVICES FOR YOUTH - USE OF TITLE IV-A FUNDS AS PART OF THE CHILD WELFARE SETTLEMENT AGREEMENT: Mr. Keasling stated that because of the child welfare lawsuit settlement that the State has made, a cooperative effort is being proposed between the Mental Health Center and the Social Services Department to bring mental health services to youth in the community and children of families in their custody. Mr. Keasling noted that an agreement has been negotiated, which has been approved by the State, and Board approval is required to receive approximately $104,000 in funding--it will be 100% funded through the State. The request today is for Board approval to allow the Mental Health Center to add two staff members to work solely with the department of Social Services children and youth next year; Dr. Olson described the method of the billing and noted that the new Mental Health staff members will be located in Social Services. The Board was requested to sign a Memo of Understanding, as required by the State and approved by the County Attorney. Commissioner Duvall expressed appreciation to Dr. Olson and Mr. Keasling for their collaboration and partnership in this endeavor.

M O T I O N

Commissioner Duvall moved that the Board approve the Memorandum of Understanding Agreement between the Larimer County Mental Health Center and the Larimer County Department of Social Services which will provide services for youth from Title IV-A and the Family Issues Cash Fund, in the amount of $104,000, to fund 2 FTE's and their related expenses.

Motion carried 2 - 0.

A95-135 MEMORANDUM OF UNDERSTANDING AGREEMENT BETWEEN

THE LARIMER COUNTY DEPARTMENT OF SOCIAL SERVICES

AND THE LARIMER COUNTY MENTAL HEALTH CENTER

5. REQUEST FOR ADDITIONAL MENTAL HEALTH STAFFING FOR YOUTH SAFE: Dr. Olson described another collaboration between the Mental Health Center and Social Services and requested Board approval of an increase in expenditure from Social Services to cover the cost, approximately $27,000, for an additional .5 staffing for a therapist from the Mental Health Center to provide mental health services to Youth Safe; thereby increasing the half time position in Social Services to a full time position. Monies for this request of a half-time therapist from the Mental Health Center will be derived from the Social Services fund balance.

M O T I O N

Commissioner Duvall moved that the Board approve .5 additional FTE staffing in the Mental Health Department to provide mental health services to Youth Safe, to be funded by the Social Services Department with existing funds.

Motion carried 2 - 0.

6. MERIT SYSTEM SALARIES FOR 1996 FOR SOCIAL SERVICES EMPLOYEES: Mr. Keasling reminded the Board that every year under the State merit system rules, they have to make decisions regarding salaries, benefits, etc. for employees under the merit system for the following year; he reviewed what the Board has done previously, noting that they have tried to keep merit system and county salaries comparable. Mr. Keasling submitted a comparison sheet of merit system and county salaries and noted that under merit system, the salary increases for this year are across-the-board 2.5%; therefore, he requested the Board to allow this increase. Mr. Keasling also stated that as the county is giving more than a 2.5% increase to employees this year, he also requested that the Board allow him to structure a 1% bonus for any employee that has been with the County August 95 through July 1996, based on a satisfactory performance evaluation; and any employee with a salary difference of 6% and 8.5% would receive a 3.5% bonus. Mr. Jacobs stated that, at some point in the future, the county needs to reconsider the wisdom of comparing our salaries with the State of Colorado, as we are trying to meld two systems. Commissioner Duvall suggested that Mr. Keasling and Mr. Jacobs investigate how other counties in the State are handling this situation. After much discussion, Commissioner Duvall noted that even though the Board approves this request today, she recommended not continuing to follow this procedure in the future.

M O T I O N

Commissioner Duvall moved that the Board approve the merit system salaries, as approved by the State, and allow the Social Services Department to provide one-time bonuses to merit system employees to provide equity in compensation with the County pay plan.

Motion carried 2 - 0.

7. REQUEST FOR TRANSFER OF SICK LEAVE: Mr. Jacobs stated he received a request from Josh Zander on behalf of John Coupe, an employee in his department, for employees in the department to transfer up to 300 hours of sick leave in order for him to continue caring for his wife, who has a life-threatening illness; Mr. Jacobs requested the Board approve a waiver of the Larimer County Sick Leave Policy to permit the donation of up to 300 hours of sick leave to Mr. Coupe, as requested by Mr. Zander.

M O T I O N

Commissioner Duvall moved that the Board approve the transfer of up to 300 hours of sick leave to John Coupe from the employees in the Facilities Management Department, due to a life threatening illness of his spouse.

Motion carried 2 - 0.

8. APPOINTMENT TO COMMUNITY CORRECTIONS BOARD: Ms. Duchene noted that Commissioner Clarke is the Commissioner liaison to the Community Corrections Board and he is supporting the recommendation of Paul Cooper, Community Corrections Director, to appoint Leonard Medoff to fill the unexpired term of Harold Bauduit on the Community Corrections Board, term to expire in June 1997.

M O T I O N

Commissioner Duvall moved that the Board appoint Leonard Medoff to the Community Corrections Board to fill the unexpired term of Harold Bauduit, term to expire June 1997.

Motion carried 2 - 0.

9. APPOINTED SALARY REQUEST FOR TREASURER'S OFFICE: Mr. Lancaster reminded the Board that they approved an over-all salary package for next year for appointed and classified employees of 5.05%; he has received a letter from the Larimer County Treasurer requesting that his Chief Deputy's salary be increased 6% in order to match the other Chief Deputy's salary in the Clerk's Office, as the two appointed chief deputy positions should be equal in pay.

M O T I O N

Commissioner Duvall moved that the Board allocate additional funds to the County Treasurer for the purpose of providing a 6% salary increase to his Chief Deputy, to provide internal equity with the Chief Deputy of the Clerk and Recorder.

Motion carried 2 - 0.

10. FUNDING FOR SPACE ANALYSIS AT BLUE SPRUCE: Mr. Lancaster noted that when the Facilities study was done, the Blue Spruce, Social Services, and Health Department Facility was not included in that scope of work; he noted that because the Child Protection Lawsuit has ballooned staffing at Social Services, and was not expected, Facilities Manager Mr. Anderson was asked to work with Interplan to determine the cost for programming the space needs of HHS; that cost will be approximately $9,000. Mr. Lancaster stated that the allocation of funds for this study will come from the Capitol Expenditures Fund.

M O T I O N

Commissioner Duvall moved that the Board approve the expenditure of $9,000 from the Capital Expenditures Fund for analysis and recommendations of the space needs at the Blue Spruce facility.

Motion carried 2 - 0.

11. WORKSESSION:

-- Request for Salary Increase: Mr. Lancaster stated that after the Board approved all the appointed salaries, he was notified that Ed Schemm's salary, Assistant Director in the Health Department, exceeded the salary of the Director Jerry Blehm; therefore, Mr. Lancaster recommended that Mr. Blehm receive a 3% increase in salary with monies for this increase in salary to be derived from salary savings.

M O T I O N

Commissioner Duvall moved that the Board approve the appointed official salary increase for Jerry Blehm, Environmental Health Director, from 1% to 3% for 1996.

Motion carried 2 - 0.

-- Items for Cabinet Meeting on December 28, 1995: After discussion of whether or not to have a Cabinet Meeting on December 28, 1995, it was decided to postpone that meeting until early in January and, at that time, commence discussions of the budget for next year.

-- Update on Facilities Coordinator Position: Mr. Lancaster reported that interviews of a number of very qualified candidates were held last week, and that the position of Facilities Coordinator was offered to Deni LaRue; she started employment today.

-- Food Drive Representatives: Mr. Lancaster noted that traditionally the Board has allowed a personal day off for the Food Drive Coordinators and he asked if the Board would like to allow that personal day again this year.

M O T I O N

Commissioner Duvall moved that the Board grant the request for a personal day for the Food Drive Coordinators again this year.

Motion carried 2 - 0.

-- Items for Policy Worksession: Policy Worksession agenda items were discussed and because of a previous commitment for Commissioner Duvall for tomorrow, it was decided to have a short worksession and only discuss the final budget adjustments.

-- Invitations: Ms. Hart noted she received a request from Len Bammer asking which Commissioners will be attending the breakfast meeting at the Lincoln Center at 8:30 a.m. on January 17, 1995 to sign the "Clean Cities Memorandum of Understanding"; the Board stated that all three Commissioners will attend and the time for Administrative Matters that day will be rescheduled.

-- Mr. Lancaster reported that last night he attended the Loveland City Council worksession and they discussed the juvenile holding facility and reviewed the funding options; they are concerned about cost and they want to see some firmer numbers and want to know what the benefit will be to Loveland, what the facility would like, and they want more information on the operation.

12. COMMISSIONER REPORTS:

-- Commissioner Duvall reported she attended a meeting yesterday with Mental Health Center professionals, representatives from Poudre Valley Hospital, and others who are interested in a club house for the mentally ill; she stated there is a great deal of excitement and lots of community interest and support and Colorado State University might be able to apply for some grants. Commissioner Duvall noted that any support the Board can give for this cause would be appreciated.

-- Commissioner Duvall noted she received a call concerning the lack of disabled parking around the Courthouse; Mr. Lancaster will contact Facilities Manager Dick Anderson about adequate signage directing people to the disabled parking spaces. Chair Disney noted there also needs to be signs on the door indicating the times the different offices in the Courthouse are open.

Commissioner Duvall stated she would like for the Board to have a follow-up meeting with the Sheriff.

13. DOCUMENT REVIEW:

M O T I O N

Commissioner Duvall moved that the Board of County Commissioners approve the Minutes for the week of December 4, 1995, as submitted.

Motion carried 2 - 0.


M O T I O N

Commissioner Duvall moved that the Board of County Commissioners approve the Schedule for the week of December 18, 1995, as submitted.

Motion carried 2 - 0.

M O T I O N

Commissioner Duvall moved that the Board approve the Petitions for Abatement, as recommended by the County Assessor Steve Miller, for the following: Gebo, Klen, Heddens, Metal Castings of Colorado, Bearden, Howell, Lindenthal, Gabriel, Houska, and Georg.

Motion carried 2 - 0.

M O T I O N

Commissioner Duvall moved that the Board approve the documents as listed on the Consent Agenda for December 13, 1995.

MISCELLANEOUS DOCUMENTS: Tamlin Minor Land Development Plat and the David Beard Minor Land Development Plat. LIQUOR LICENSES: Licenses were issued to: The Rock Inn Steakhouse - 6% WITH EXTENDED HOURS - Estes Park, CO.; Indian Meadows Lodge - 6% - Bellvue, CO.; Red Feathers Carry Out - 6% - Red Feather, CO.; and The Masonville Store - 3.2% - Masonville, CO. County Approval was granted to: St. Louis Liquor - 6% - Loveland, CO.; Change of Location for Ptarmigan Club - 6% - Fort Collins, CO.; and Best Western Coach House - 6% - Loveland, CO.

A95-136 AMENDMENT TO AGREEMENT FOR LARIMER COUNTY

SHERIFF'S OFFICE DETENTION CENTER MEDICAL UNIT

SERVICE BETWEEN THE BOARD OF COUNTY

COMMISSIONERS AND PREFERRED CORRECTIONAL

MEDICAL TEAM, INC.

A95-137 AGREEMENT CONCERNING BRIDGE REPLACEMENT ON

COUNTY ROAD 24H BETWEEN THE BOARD OF COUNTY

COMMISSIONERS AND EDWARD R. BROWN (Project #176)

R95-196g RESOLUTION FOR THE CHARGING OF A REASONABLE

BOND FEE (Colorado Revised Statute 30-01-104 (1) (u)

R95-197s RESOLUTION REGARDING RELEASE OF WARRANTY

COLLATERAL FOR MANOR RIDGE ESTATES THIRD

FILING

R95-198s RESOLUTION REGARDING RELEASE OF WARRANTY

COLLATERAL FOR MANOR RIDGE ESTATES FOURTH

FILING

Motion carried 2 - 0.

M O T I O N

Commissioner Duvall moved that the Board go into Executive Session at 11:30 a.m. to discuss potential litigation.

Motion carried 2 - 0.

The Executive Session ended at 11:45 a.m.; no action taken.

PUBLIC HEARING CONCERNING TRANSFER OF OWNERSHIP

FROM COLUMBINE TO HERITAGE CABLEVISION OF DELAWARE, INC.

(#412 - Side B)

The Board of County Commissioners reconvened at 4:30 p.m. for a Public Hearing. Chair Disney presided and Commissioner Duvall was present; as noted previously, Commissioner Clarke is out of town this week. Also present were: Russ Legg, Cable TV Coordinator; Tom Duchen, President River Oaks Communications Corporation; and Jeannine Haag, Assistant County Attorney. Recording Clerk, S. Graves.

Chair Disney called the public hearing to order; Mr. Duchen provided a brief explanation of the request to transfer ownership of the Cable Agreement from Columbine Cablevision to Heritage Cablevision of Delaware, Inc. with the system to be managed by TCI of Colorado, an affiliate of TCI. Mr. Duchen noted that, under the provisions of the Cable Act and Federal Regulations, when an operator wants to sell its system, there is a procedure to follow in which the county has the right to review the transfer and the financial, legal, and technical qualifications of the prospective buyer. Mr. Duchen stated that the county has received the materials, and they are being evaluated, and under the provisions of the Cable Act, the county has 120 days from the time of committal to decide whether or not to allow the transfer.

Bob Carnahan, General Manager of Columbine Cablevision, addressed the Board and noted that Columbine has enjoyed a mutually beneficial relationship over the last 13 years. Bryan Shirk, Regional Vice President for TCI Cablevision of Colorado, informed the Board that Mr. Carnahan has been asked to join their company, and he has agreed to do so. Mr. Shirk stated that he understands that Mr. Carnahan has a very good reputation in this community and the manager is the key to the operation; he noted that their management philosophy is basically a "hands off" philosophy - the local manager makes the local decisions. In response to questions from the Board, Mr. Shirk noted that they have no plans to change rates, channel line up, structure of channels, etc. at this time; it is their intention to have satisfied customers and there is no plan to raise the rates.

Mr. Legg took this opportunity to state for the record that the county has enjoyed its relationship with Columbine Cablevision and noted they have been an excellent service provider to the citizens of Larimer County. Mr. Legg welcomed TCI to the community and stated that the county welcomes the opportunity to work with them.

At this time, a question and answer period followed; Mr. Duchen asked Mr. Shirk questions about customer service and how that is handled. Mr. Shirk responded that their customer service philosophy is that the customer is #1 and he explained how they respond to customers. Mr. Duchen stated that they have had discussions with Mr. Shirk regarding the requirements contained in the Cable Agreement, the transition between the two companies, InterConnect programming, bonding requirements, etc.; he noted these discussions are on-going and progressing very well.

Commissioner Duvall asked Mr. Shirk if he had any initial thoughts on the InterConnect as the county is installing cable TV and they want to go countywide; Mr. Shirk responded that this has been discussed with Mr. Carnahan and Columbine has done everything they can to make InterConnect work and they will be reserving a channel for the County. Ms. Haag asked Mr. Shirk if they plan to continue the local news program; he responded in the affirmative.

Chair Disney closed the public hearing by stating that the Board will take this matter under advisement and make a decision as quickly as possible. Mr. Carnahan expressed appreciation to Mr. Legg for his kind words and hopes their good relationship continues in the future.

The Board adjourned at 5:10 p.m.

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CHAIR DISNEY, CHAIR

BOARD OF COUNTY COMMISSIONERS

( S E A L )

ATTEST:


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Sherry E. Graves, Deputy County Clerk

December 13, 1995