Loveland Bike Trail
 

PROCEEDINGS OF THE BOARD OF COUNTY COMMISSIONERS

MONDAY, JANUARY 27, 1997

LAND-USE PLANNING MEETING

(#139)

The Board of County Commissioners met in regular session with Larry Timm, Director of Planning. Chair Disney presided; Commissioners Clarke and Olson were present. Also present were: Russell Legg, Chief Planner, John Pedas, Code Enforcement Officer; Rex Burns, Project Engineer; Doug Ryan, Environmental Health Planner; and Jeannine Haag, Assistant County Attorney. Recording Clerk, S. Graves.

CONSENT ITEM:

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

  1. GRASSLANDS SUBDIVISION 1ST, 2ND & 3RD FILINGS RELEASE OF

COLLATERAL (#S-115-91; #94-SU0495; & #95-SU0740): NE 29-05-69

This is a request for release of collateral for Grasslands Subdivision 1st, 2nd & 3rd Filings. The staff recommendation is for approval of the request to release the collateral for Grasslands Subdivision 1st, 2nd & 3rd Filings, with the condition that warranty collateral be provided and a final approval letter is received from Public Works.

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners adopt the staff recommendation and approve the Grasslands Subdivision 1st, 2nd, & 3rd Filings Release of Collateral (#S-115-91, #94-SU0495, & #95-SU0740), with condition as outlined.

Motion carried 3 - 0.

  1. SWITZER ALPACA/LLAMA RANCH ZONING VIOLATION (#97-ZV0958):

1236 GLACIER VIEW LANE

This alleged violation is for raising 3 llamas and 47 alpacas in the A-Accommodations Zoning District. Mr. Pedas submitted photos of the property to the Board and additional information recently received concerning this matter; he described the location of the property, provided the background information regarding this alleged violation, and reviewed the major concerns and issues. Staff findings include: 1) The subject property is zoned A-Accommodations; 2) The A-Accommodations District permits single family dwellings, restrictive residential zones permit garden, grazing, crop and orchard uses; 3) Negative effects resulting from the animals on the site have been minimal or non-existent; 4) The number of animals on the site (llamas, alpacas) is probably the maximum, provided current cleanup practices are continued.

The staff recommendation is to find that a violation does not exist, provided that: 1) The number of animals does not exceed 50, with an urging that when possible the number be reduced; 2) The owners maintain the current practice of daily clean-up and follow any recommendations the health department may have relative to health and sanitation on the site.

Phil Switzer, property owner, submitted petitions and letters signed by visitors to their property and adjacent and property owners in close proximity in support of the stocking levels and current use of the property. Mr. Switzer reviewed the history of the property and noted that the historical use of this property has always been agriculture; he informed the Board that prior to purchasing this property, they contacted the County and were told they could have up to 6 llamas per acre on the property, which would allow them 88 animals. Mr. Switzer stated that they continually sell their animals and the number of animals range from 50 to 70, but the extra 20 are newborns; he noted that the sale of the animals and fiber sales comprise 90% of their income and any reduction of their stocking rate would greatly deprive them of their livelihood. Chris Switzer added that the manure is very much the same as deer droppings and is very mild and much less noxious than other livestock; she noted that they do not sell the older animals, they sell the off-spring.

Alan Joseph from Wichita, Kansas reviewed the history of his family's ownership since 1946 of the adjacent property to the subject property; he noted that in recent years, the odor has become a problem with the increasing numbers of animals and this is reducing the value of his property. Mr. Joseph informed the Board that their home is used as a vacation home and the family spends approximately two months a year, usually in the summer, in Estes Park. Mr. Joseph stated that as the numbers of animals continued to grow, he decided to look at the County regulations and subsequently filed the complaint; he reviewed the regulations and the different types of zoning, each of which allows permitted uses and special uses and don't prohibit anything. In summary, Mr. Joseph stated that he is not asking the Board to take away this use, only that the numbers be reduced and the waste be removed from the premises and no longer spread on the fields. Mr. Switzer stated that if Mr. Joseph would let him know when he is coming to Colorado, he would make sure that the manure is not spread on the pasture close to their property during that time. Much discussion followed.

M O T I O N

Commissioner Clarke moved, in the matter of the Switzer Alpaca/Llama Ranch Violation, that the Board of County Commissioners find that a violation does not exist provided that: 1) The number of breeding stock does not exceed 50; 2) The owners maintain the current practice of daily clean-up and follow any recommendations the health department may have relative to health and sanitation on the site.

Motion carried 3-0.

The meeting adjourned at 4:05 p.m.

TUESDAY, JANUARY 28, 1997

ADMINISTRATIVE MATTERS

(#140)

The Board of County Commissioners met at 9:00 a.m. in regular session with Neil Gluckman, Assistant County Manager. Chair Disney presided; Commissioners Clarke and Olson were present. Also present were: Ralph Jacobs, Director of Human Resources; Kathy Snell, Health & Human Services Director; Joni Friedman, Employment & Training Services Director; Deni LaRue, Community Information Manager; and Donna Hart, Commissioner's Office Staff Services Manager. Recording Clerk, S. Graves.

1. OPEN SESSION FOR PUBLIC COMMENT:

Tom Jackson informed the Board that he is against the purchase of the Roberts Ranch for a number of reasons; he stated that he has no problem if the Nature Conservancy wants to spend their own money and buy it, but he doesn't think that GOCO or Larimer County monies should be spent because after review of the financial report for 1996 for the Nature Conservancy, it was realized that they have $1,290,946,000 in assets. Mr. Jackson stated that discussion held during an Open Space Meeting revealed that they were going to apply for $400,000 grant to clean up the tires on the Roberts Ranch, which would result in $1,400,000 the County will be contributing to the purchase, in addition to the million dollars from GOCO, and we will be giving them a ranch we aren't sure they will keep, as they only keep 30% of what they buy. However, if the County does buy it, he made the following recommendations: 1) Find out if the Nature Conservancy is going to keep it; 2) Retain an environmental attorney; 3) Find out about liability; 4) Appoint people to the Environmental Advisory Board that understand the law and real estate. In conclusion, Mr. Jackson stated that the Larimer County taxpayers shouldn't spend $1.4 million to subsidize an organization that has over $1 billion in assets -- there are too many problems and better ways to spend the money; if Larimer County does buy the ranch, put something in the contract that the Nature Conservancy can't ever sell it, or if they do, Larimer County retains their third of the property. Chair Clarke informed Mr. Jackson that he has the same concerns and he assured him that all the questions he raised will be answered.

John Aldrich, Timnath resident opposed to the road alignment and bridge reconstruction project at Harmony Road and CR 5, submitted two letters and a petition signed by 110 citizens and registered voters in Larimer County requesting the Board's attendance at the "Open House" on February 6, 1997 at the Timnath Presbyterian Church concerning this issue. Mr. Aldrich read both letters to the Board and stated that he has not received an official written response to the specific requests made in his cover letter with his report "Save the Timnath Historical Wetland Preserve"; the second letter was addressed to the U. S. Army, Corps of Engineers requesting their office to rescind the permit recently issued to Larimer County for this bridge project because the Larimer County Engineering Department did not adequately assess the negative impacts of the design for this intersection, which requires the destruction of a very valuable and unique wetland feature. Chair Clarke informed Mr. Aldrich that the meeting being held on February 6, 1997 is in response to the requests made in his letter and to other letters, phone calls, etc. and he takes exception to Mr. Aldrich's accusation that the Board has not responded to his requests. Chair Clarke and Commissioner Olson indicated they will attend the meeting; Chair Disney has a prior commitment and cannot attend.

  1. APPROVAL OF MINUTES FOR WEEK OF JANUARY 21, 1997:

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners approve the Minutes for the week of January 21, 1997, as submitted.

Motion carried 3 - 0.

  1. APPROVAL OF SCHEDULE FOR WEEK OF FEBRUARY 3, 1997:

M O T I O N

Commissioner Olson moved that the Board of County Commissioners approve the Schedule for the week of February 3, 1997, as submitted and revised.

Motion carried 3 - 0.

  1. APPROVAL OF CONSENT AGENDA:

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners approve the following documents, as listed on the Consent Agenda on Document Review for January 28, 1997:

PETITIONS FOR ABATEMENT, as recommended by the County Assessor, were approved for the following: MCS Business Center; Peloton Cycles; Robert & Janice Williams; Fred W. Wenninger; L. H. Schwarz; and Johnny & Mary Lou Hobbs.

LIQUOR LICENSES: Licenses were issued to: Windjammer Liquors - 6% - Loveland, CO.; and Branding Iron Liquor - 6% - LaPorte, Co. County approval was granted to: Poudre River Resort - 3.2% - Bellvue, CO.; Glen Haven Inn - 6% - Glen Haven, CO.; Lopiano's Restaurant - 6% - Fort Collins, CO.; and a Waive of Hearing for a Change of Ownership for Sundance Fort Collins, LLC dba Sundance Steakhouse and Saloon, 2716 Mulberry, Fort Collins, Co. for a 6% Hotel & Restaurant License.

MISCELLANEOUS DOCUMENTS: Warrant Register for December 1996; Dilo Livestock Minor Land Development Plat; Glacier View Meadows 12th - Amended Plat for Lots 102 & 103; Niebor Minor Land Development Plat; North Poudre Minor Residential Development Plat; Statement of the Receipts, Disbursements, and Balances of Records by the Larimer County Treasurer for the Six Months Period ending December 30, 1996; Schneider Amended Exemption; Waffensmith Amended Exemption; and Personnel Authorization Request from Information Management.

A97-18 EXTENSION AGREEMENT (CONSTRUCTION EASEMENT) ON

COUNTY ROAD 30 BETWEEN THE BOARD OF COUNTY

COMMISSIONERS AND MICHAEL JAMES PRECHT (Project #181)

A97-19 PURCHASE OF SERVICES AGREEMENT BETWEEN THE BOARD

OF COUNTY COMMISSIONERS AND THE LARIMER COUNTY

DISTRICT ATTORNEY/DEPARTMENT OF SOCIAL SERVICES -

FRAUD UNIT (Reimbursement to the District Attorney for work done

for Social Services in Connection with Fraudulent Activities)

A97-20 PROFESSIONAL SERVICES AGREEMENT BETWEEN THE BOARD

OF COUNTY COMMISSIONERS AND DR. RICHARD MALEK, M.D.

(Provision of Psychiatric Services - Inpatient)

C97-01 CONTRACT BETWEEN THE BOARD OF COUNTY

COMMISSIONERS AND THE STATE OF COLORADO,

DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT

(Reimbursement Funds for Costs Incurred for Cleanup of Leaking

Petroleum Storage Tanks at the Wellington Shop)

D97-03 PERSONAL REPRESENTATIVE'S DEED OF DEDICATION BY

PATRICIA Q. BRADLEY FOR ESTATE OF MARY ROSS

QUAINTANCE (To correct an error on Deed previously approved on

October 30, 1996 - Project #109 - Dowdy Lake Road)

R97-11s RESOLUTION REGARDING RELEASE OF COLLATERAL FOR

EAGLE CREST SUBDIVISION

Motion carried 3 - 0.

5. APPOINTMENT OF INFORMATION MANAGEMENT SERVICES DIRECTOR:

Mr. Gluckman noted that an interview panel comprised of elected officials and staff unanimously selected S. Andrew Paratore to be the new Director of Information Management Services and recommend Board approval.

M O T I O N

Commissioner Olson moved that the Board of County Commissioners approve the appointment of S. Andrew Paratore as Director of Information Management Services, at an annual salary of $70,000, starting March 1, 1997, as recommended.

Motion carried 3 - 0.

6. APPOINTMENT OF DEFERRED COMPENSATION COMMITTEE:

Mr. Jacobs stated that for many years Larimer County has had a Deferred Compensation Program through Hartford, which provides that when an employee has an emergency and makes a request to withdraw cash from their account, they can go through a committee process for approval. Mr. Jacobs stated that since it has been several years since an employee has made such a request, the previous Committee appointments expired in 1995 and new appointments need to be made. Mr. Jacobs reviewed the recommended appointees and noted that they have all served on the Deferred Compensation Committee in the past.

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners approve the following appointments to the Larimer County Hartford Deferred Compensation Committee, each for a three-year term to expire January 28, 2000: Bobby Dorris, Neil Gluckman, Ralph Jacobs, Sonja Stephens, and Charles Woodward.

Motion carried 3 - 0.

At this time Commissioner Olson left the meeting.

7. ONE STOP CAREER CENTER LEGISLATION:

Ms. Snell and Ms. Friedman provided an update for the Board on the One-Stop Career Center legislation and requested Board approval of the official designation of Larimer County Employment and Training Services (LCETS) as the County entity to deliver employment and training services with Ms. Friedman to be the Career Center Manager. It was noted that between now and July 1, 1997, LCETS will be working on significant changes in coordination and delivery of services; these changes are designed to provide more flexibility in responding to employment and training needs and provide an opportunity to consolidate employment and training programs into an integrated system. Ms. Snell informed the Board that presently there are two pieces of legislation regarding this topic before the State legislators; both of these bills promote the establishment of a state-wide network of One-Stop Career Centers integrating various programs and both bills express the goal that such centers be locally administered. Ms. Snell requested the Commissioners to encourage our local legislators to pass these bills in this session.

Ms. Friedman also requested Board approval, and the Chair's signature, on a letter to be sent to Margaret Porfido, Governor Romer's Chief of Staff and Chair of the Colorado Workforce Development Council; the letter states that the Larimer County Private Industry Council has been very much involved in shaping policy for employment and training programs in our area since 1981 and has been an effective board because of the balanced composition and has always maintained an excellent balance of dedicated members. Therefore, the letter continues, the Board finds it unnecessary and too restrictive to suggest that we now strip our public sector members of their right to vote as they transition from a Private Industry Council to a Regional Workforce Board and the current proposal would result in removing voting rights from key individuals who have been very much involved in our past success. The Board concurred with the letter; however, Chair Disney suggested that the letter include some antidotal specific evidence of how this action would be detrimental to the program.

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners formally designate Larimer County Employment and Training Services as the administrative entity for county-wide employment and training services, and authorize the Chair to sign the letter to Ms. Margaret Porfido representing the Private Industry Council's views on the composition of the Regional Workforce Development Boards, with the addition as suggested by Chair Disney.

Motion carried 2 - 0.

Ms. Friedman provided an update for the Board on the consolidation with Social Services.

8. WORKSESSION:

  • Office Changes: Mr. Gluckman apprised the Board of proposed changes to be made in the Commissioner's Office to provide office space for Ms. LaRue; funds for the remodeling will be derived from the Capital Replacement Fund.

  • Legislative Breakfast: Mr. Gluckman submitted a draft agenda listing topics to be discussed at the Legislative Breakfast on Monday, February 3, 1997 and requested Board approval and asked if there were other topics to be added; the Board reviewed the draft agenda and concurred with the topics as listed.

  • Invitations: Ms. Hart reviewed the pending invitations with the Board and they indicated to her which events they could attend.

  • Discussion of Hearing for Drink-N-Dawg: Ms. Graves presented the detailed incident reports from the Sheriff's Department, as requested by the Board, concerning renewal of the liquor license for the Drink-N-Dawg establishment; the Board was requested to review the reports and next week discuss whether or not a public hearing should be scheduled.

9. EXECUTIVE SESSION - PERSONNEL/POTENTIAL LITIGATION:

At this time, Finance Director Carol Block and Risk Manager Kate Tremblay joined the meeting for an Executive Session.

M O T I O N

Commissioner Clarke moved that the Board go into Executive Session at 10:45 a.m. to discuss a personnel/potential litigation matter.

Motion carried 2 - 0.

The Executive Session ended at 11:20 a.m., and the following action was taken:

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners approve the settlement of a Workman's Compensation claim made by Doris Salas-Vigil in the amount of $69,500.

Motion carried 2 - 0.

At this time, Commissioner Olson returned and Assistant County Attorney Jeannine Haag joined the meeting for Legal Matters.

10. LEGAL MATTERS:

-- Request for approval of Findings and Order regarding Mishawaka Inn, Inc.: Mr. Hass requested Board approval of the Findings and Order regarding the Mishawaka Inn, Inc., subsequent to a public hearing held on December 9, 1996 regarding renewal of the liquor license for this establishment.

M O T I O N

Chair Clarke moved that the Board of County Commissioners approve the Findings and Order in the matter of the Mishawaka Inn, Inc., and authorize the Chair to sign same.

Motion carried 3 - 0.

-- Report on Livermore Well: Mr. Hass informed the Board that Mr. & Mrs. Canino are not interested in assuming ownership of the Livermore "community" well; he noted, however, that John Pharris's client may be interested in assuming the ownership.

M O T I O N

Commissioner Olson moved that the Board of County Commissioners go into Executive Session at 11:40 a.m. to discuss confidential legal advice.

Motion carried 3 - 0.

The Executive Session ended at 12:10 a.m.; no action taken.

______________________________________

JIM DISNEY, CHAIR

BOARD OF COUNTY COMMISSIONERS

( S E A L )

ATTEST:

___________________________________

Sherry E. Graves, Deputy County Clerk,

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