PROCEEDINGS OF THE BOARD OF COUNTY COMMISSIONERS
TUESDAY, SEPTEMBER 2, 1997
The Board of County Commissioners met at 9:00 a.m. in regular session with Neil Gluckman, Assistant County Manager. Chair Pro-Tem Olson presided and Commissioner Clarke was present; Chair Disney is out of town this week. Also present were: Judy Heiderscheidt, Larimer County Pollution Prevention Coordinator; Ralph Jacobs, Director Human Resources; Brice Miller, Chief Building Official; Larry Timm, Director of Planning; Frank Lancaster, County Manager; Deni La Rue, Community Information Officer; and Donna Hart, Commissioner's Office Staff Services Manager. Recording Clerk, S. Graves.
1. OPEN SESSION FOR PUBLIC COMMENT: No one came today to address the Board during the Open Session for Public Comment.
2. APPROVAL OF MINUTES FOR THE WEEK OF AUGUST 25, 1997:
M O T I O N
Commissioner Clarke moved that the Board of County Commissioners approve the Minutes for the week of August 25, 1997, as submitted.
Motion carried 2 - 0.
3. APPROVAL OF SCHEDULE FOR THE WEEK OF SEPTEMBER 8, 1997:
M O T I O N
Commissioner Clarke moved that the Board of County Commissioners approve the Schedule for the week of September 8, 1997, as submitted.
Motion carried 2 - 0.
4. APPROVAL OF CONSENT AGENDA ON DOCUMENT REVIEW:
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 September 2, 1997:
PETITIONS FOR ABATEMENT, as recommended by the County Assessor, were approved for the following: Guy & Winona Mills; Colour & Design; Ft. Collins Bingo; AT & T Capital SVC Corp.; NTFC Capital Corp.; Michael Ricker Pewter; J & S Design; Carl Walding; C.L. & Dolores Young; Larry Soucek; Ronald & Lucille Adams; Robert & Helen Evenson; Paul & Sara Duchateu; Timberline Tech. Center, Ltd.; Willard Cressler/Diane Vella; Kent & Eileen Heusinkveld; Janet Tarlecki; R.D. & Carolyn McGinnes; Jo Ellen Isaly; Scott & Jolaine Wyatt; R & N Investments, Inc.; Douglas Lake LLC; James R. Gallenstein/Mariam Flood; and Sandcreek Assoc.
MISCELLANEOUS DOCUMENTS: Porter Minor Land Development Plat; Continental West First Filing Amended Plat for Lots 24 & 25; Glacier View Meadows 8th Amended Plat for Lots 14 & 15. LIQUOR LICENSES: County approval was granted to the Charco Broiler - 6% - Fort Collins, CO.
C97-43 PURCHASE OF SERVICE CONTRACT BETWEEN THE BOARD OF
COUNTY COMMISSIONERS AND FRANCIS GAEBLER PSY.D
AND RAINA DENMARK, PSY.D.
C97-44 CONTRACT BETWEEN THE BOARD OF COUNTY
COMMISSIONERS AND THE STATE OF COLORADO,
DEPARTMENT OF LOCAL AFFAIRS, ECONOMIC DEVELOPMENT
COMMISSION (Marketing Funds for the Larimer County Enterprise
R97-130s FINDINGS AND RESOLUTION APPROVING THE
COMMENCEMENT RIDGE SUBDIVISION
R97-131s FINDINGS AND RESOLUTION WAIVER OF CONDITIONS OF
APPROVAL FOR LENART MINOR RESIDENTIAL DEVELOPMENT
R97-132s RESOLUTION REGARDING RELEASE OF COLLATERAL FOR
REPLAT OF LOT 1, TRACT 36A, HIGHLAND PLACE SUBDIVISION
R97-133s RESOLUTION REGARDING RELEASE OF WARRANTY
COLLATERAL FOR TRI-CITY SUBDIVISION
Motion carried 2 - 0.
5. SALARY RANGE FOR COMMUNITY SERVICES DIRECTOR:
Mr. Jacobs reminded the Board that when the Community Services Department was established, the resolution establishing that department stated that the Health and Human Services Director would also be the Community Services Director for an interim period; it has now become evident that this dual role is not going to be practical on an ongoing basis and it is necessary to create a position for a Community Services Director and establish a salary range for same before advertising for this position. Mr. Jacobs stated that the salary for this position should be placed in a range which is higher than the Deputy Community Services Director, but lower than the Health and Human Services Director, and should be reasonably close to the 50th percentile of the appropriate comparable positions; he reviewed how the salary range for this position was established. Mr. Jacobs forewarned the Board that it will be necessary to adjust the range for both the Community Services Director and the Health and Human Services Director for the 1998 pay plan.
M O T I O N
Commissioner Clarke moved that the Board of County Commissioners approve the creation of the Community Services Director position at a salary range of $56,967 to $76,905 and begin the process to fill the position, and increase the salary range of the Health and Human Services Director to a minimum of $59,815 to a maximum of $80,751.
Motion carried 2 - 0.
6. PROCLAMATION FOR POLLUTION PREVENTION WEEK:
Ms. Heiderscheidt introduced Margit Hentschel from the City of Fort Collins Natural Resources Department to the Board; she submitted a packet of information containing fact sheets, case studies, and a Press Release about the 1997 National Pollution Prevention Week. Ms. Heiderscheidt described the partnership of the Northeast Colorado Pollution Prevention Program, which promotes the environmental and economic benefits of pollution prevention and provides technical assistance to local businesses; she noted that the partnership was formed in 1995 and includes staff from Boulder, Larimer, Weld, and Northeast Colorado Health Departments. Ms. Heiderscheidt stated that the City of Fort Collins Department of Natural Resources is offering vouchers worth up to $50 to the first five businesses to call and have a pollution prevention audit and implement a pollution prevention measure; she informed the Board that the Fort Collins City Council will also be issuing a Proclamation at their meeting tonight. Chair Pro-Tem Olson read the Proclamation aloud.
M O T I O N
Commissioner Clarke moved that the Board of County Commissioners proclaim the week of September 14-20, 1997 as Pollution Prevention Week in Larimer County, and authorize the Chair Pro-Tem to sign the Proclamation.
Motion carried 2 - 0.
7. INTERGOVERNMENTAL AGREEMENT WITH ESTES PARK FOR PLAN CHECKS AND INSPECTION SERVICES:
Mr. Miller requested Board approval to enter into an Interim Intergovernmental Agreement with the Town of Estes Park to provide interim inspection and plan check services until the first quarter of 1998, at which time a new IGA will be developed to have Larimer County take over all Building Department functions from Estes Park. Mr. Miller stated that Larimer County has been informally assisting the Town with inspections within the Town limits on an as-needed basis for most of the year and the Town has been paying for said services; however, the Town and County would like to formalize the process now to facilitate the transition in 1998.
M O T I O N
Commissioner Clarke moved that the Board of County Commissioners approve the Intergovernmental Agreement with Estes Park for Building Inspection Services and Plan Check Services, and authorize the Chair to sign same.
Motion carried 2 - 0.
A97-137 INTERGOVERNMENTAL AGREEMENT BETWEEN THE BOARD
OF COUNTY COMMISSIONERS AND THE TOWN OF ESTES PARK
8. CONTRACTOR REGISTRATION:
As a point of information, Mr. Miller updated the Board on the possibility of contractor licensing in Larimer County; he noted that contractor licensing is supported by most construction contractors, but the State laws regarding contractor licensing don't have any backbone. Mr. Miller stated that a professional group he is involved with is trying to get this changed through the State legislators, as Colorado is the only State that does not require contractor licensing. At this time, Mr. Miller stated that he is recommending setting up a voluntary contracting registration program by 1998; he noted, however, that this would have an impact on staffing in his department and he asked the Board if they support this concept. Questions from the Board followed; Mr. Miller stated that through this program they would make sure contractors are bonded and insured properly and a minimal fee will be charged to cover costs. The Board concurred with the suggestion and stated that they will also discuss this with the local legislators; Chair Pro-Tem Olson asked that Mr. Miller keep the industry involved so they will not perceive this action as another governmental burden.
9. INTERGOVERNMENTAL AGREEMENT FOR SEPARATOR PROJECT AND REGIONAL WORK PROGRAM:
Mr. Lancaster provided a briefing regarding the Northern Colorado Regional Planning Group which has a grant from GOCO to work on a community separator planning process, similar to the Region between Fort Collins and Loveland, to look at other areas, particularly Berthoud, Loveland, Windsor, and Greeley. Mr. Lancaster informed the Board that they will probably be asking for financial support; he noted that Mr. Timm will be working with the group to find out who is going to be doing what, how much it will cost, etc. Mr. Lancaster stated that he thinks this is going to be a good project and has a lot of potential, but he does not recommend the Board approve funding at this time.
-- Policy Worksession: Mr. Gluckman suggested that during Policy Worksession this week, the Board may want to discuss specific issues relating to Pinewood Springs before going to County Seat for a Day in Pinewood Springs on September 9, 1997; he noted that during the Policy Worksession on September 11, 1997, the Board will have further discussion with Director of Planning Larry Timm regarding IGA's.
-- Invitations: Ms. Hart reviewed the pending invitations with the Board and they indicated to her which events they could attend.
-- Budget Hearings: Mr. Lancaster asked the Board how they want to schedule the budget hearings this year; he noted they plan to have one hearing televised on cable, which will be a call-in show. Mr. Lancaster stated that in the past, the Board has held three budget hearings - one each in Fort Collins, Loveland, and Estes Park; he noted that they have had a request to also have a hearing in Wellington. Mr. Lancaster asked if the Board wants to expand or reduce the number of hearings since one hearing will be televised; he noted that they do need to have a hearing in Estes Park because they cannot get the cable. Chair Pro-Tem Olson suggested that for those persons not having cable, they could go to a central location, such as the Loveland City Hall or Berthoud Town Hall, with those locations set up for call in capabilities; after discussion, the Board decided that there will be two budget hearings this year - the one televised, call-in show in Fort Collins and one in Estes Park.
-- City Fees for Detention Center Addition: Mr. Lancaster submitted a memo received last Friday from Facilities Manager Dick Anderson concerning City fees to be charged for water and wastewater utility, street oversizing fee, light and power, storm drainage, Building Department review, etc. in the amount of $335,134 for the Detention Center Addition; after much deliberation, the Board stated they will discuss these fees with the Mayor and City Manager of Fort Collins during their meeting with them this afternoon.
-- Update on Financing for Facilities: Mr. Lancaster provided an update for the Board from the underwriters regarding financing for facilities; he noted they are reviewing several options and with regard to the jail issue, it looks like they could lower the tax rate to 2 cents rather than 2 1/2 cents on a $10 purchase, and the impact of combining the Fort Collins and Loveland facilities issues could also result in a 1/2 cent reduction in the tax, by financing Loveland for a longer period of time, resulting in a tax rate of 4 cents on a $10 purchase rather than the 5 cents projected now. Mr. Lancaster stated that the ending cost of the facilities will be the same, even though the tax will be lower; he noted that public opinion seems to be pretty much divided on whether or not the Loveland and Fort Collins facilities issues should be combined. The Board will discuss this further and their final decision will be made next Tuesday, September 9, 1997. Chair Pro-Tem reported that Chair Disney called in and said if the tax rate can be lowered, he would think positively about combining the two facilities issues. Commissioner Clarke stated that in reality, combining the two issues doesn't save any money in the cost of the facilities, but it leaves more money in the pockets of the taxpayers; he noted that it amounts to a 20% reduction in the tax rate.
11. COMMISSIONER REPORTS:
-- Commissioner Clarke reported that he attended the CCI Tax & Finance Committee meeting in Denver last Friday and they discussed policies that relate to revenue, taxes, tax policy, etc., and one of the things he was able to get instituted was the Board's concern about impact fees; he noted that there are other Counties in the State that are interested in a real estate transfer tax and he informed them that the Board would like impact fees to be in the policies equal to a real estate transfer tax. Commissioner Clarke stated that there is a lot of opposition in some Counties for impact fees, but he informed them that there is also a lot of opposition to a real estate transfer tax.
-- Chair Pro-Tem Olson submitted a written Human Resources activity update for Commissioner Clarke and Chair Disney to review.
-- Chair Pro-Tem Olson reported she met with the Retirement Board last Friday and their audit is completed; she put copies of same in the in-box for each of the Commissioners.
-- Chair Pro-Tem Olson noted that Frank Lancaster has been officially appointed by CSU President Al Yates to serve on the CSU President's Committee.
-- Chair Pro-Tem Olson stated that Rep. Bill Kaufman will be here for the signing of the IGA with Estes Park next Tuesday morning and he offered to stay and help the elected officials serve 'Brats on the Barbie' at noon.
The meeting recessed at 10:40 a.m.
LAND-USE PLANNING MEETING
The Board of County Commissioners reconvened at 3:00 p.m. in regular session with Larry Timm, Director of Planning. Chair Pro-Tem Olson presided and Commissioner Clarke was present; as noted previously, Chair Disney is out of town this week. Also present were: Jim Reidhead, Director Rural Land Use Center; Rob Helmick, Senior Planner; Lonnie Sheldon, Project Engineer; Doug Ryan, Environmental Health Planner; and Jeannine Haag, Assistant County Attorney. Recording Clerk, S. Graves.
Chair Pro-Tem Olson 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. GLACIER VIEW MEADOWS, LOTS 14 & 15, 8TH FILING AMENDED
PLAT (#97-SA1089): 24-09-72 - WEST OF LIVERMORE, 1425 MT.
MORIAH DRIVE; 4.03 ACRES; 1 LOT; E-ESTATE ZONING
This is a request to combine two existing lots and vacate the utility easement along the intervening lot line. Staff findings include: 1) Glacier View Meadows 8th Filing was approved in 1978; 2) Combining two lots into a single building site will reduce the density of this subdivision by one unit and allow better use of the site; 3) Vacating the utility easement along the common lot line will allow construction near the middle of the 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 14 & 15, Glacier View Meadows 8th Filing, and approval of the vacation of the utility easement along the common lot line.
2. GLACIER VIEW MEADOWS, LOTS 23 & 25, 6TH FILING AMENDED PLAT
(#97-SA1090): 15-09-72 - WEST OF LIVERMORE; 6.2 ACRES; 2 LOTS;
This is a request to combine two existing lots and vacate the utility easement along the intervening lot line resulting in one building site. Staff findings are: 1) Glacier View Meadows 6th Filing was approved in 1976; 2) The lots meet current zoning requirements but are relatively small for a mountain subdivision; combining two contiguous lots will allow better use of the site and reduce the density in this subdivision by one dwelling unit; 3) Vacating the utility easement along the common lot line will allow construction near the middle of the 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 23 and 25, Glacier View Meadows 6th Filing and approval of the vacation of the utility easement along the common lot line.
3. CONTINENTAL WEST SUBDIVISION, LOTS 24 & 25, 1ST FILING
AMENDED PLAT (#97-SA1091): 06-06-69 - WEST SIDE OF HORSETOOTH
RESERVOIR; .68 ACRES; 1 LOT; O-OPEN ZONING
This is a request to combine two existing lots and vacate the utility easement along the intervening lot line resulting in one building site. Staff findings include: 1) Continental West Subdivision was approved in 1970; 2) The lots are relatively small and do not meet current minimum lot size requirements; combining two lots to create one building site will allow better use of the site and reduce the density in this area by one dwelling unit; 3) The County Health and Engineering Departments, and all utilities serving this area, reviewed the proposed Amended Plat and easement vacation and stated no objections. The staff recommendation is for approval of the Amended Plat of Lots 24 and 25, Continental West Subdivision and approval of the vacation of the utility easement along the common lot line.
4. PTARMIGAN SUBDIVISION, LOTS 18 & 19, BLOCK 3, 3RD FILING
AMENDED PLAT (#97-SA1092): 14-06-68 - NORTH OF STATE HWY. 392,
EAST OF I25; .49 ACRES; E1-ESTATE ZONING
This is a request to reinstate two lots that had previously been combined by Amended Plat. Staff findings are: 1) Ptarmigan Third was approved in 1994; 2) An Amended Plat was approved to combine these lots; the sale of the property did not close and the owner is requesting that the original lots b e reinstated through this Amended Plat; 3) The County Health and Engineering Departments, and all utilities serving this area, reviewed the proposed Amended Plat and stated no objection. The staff recommendation is for approval of the Second Amended Plat of Lots 18 and 19, Block 3, Ptarmigan Third Filing.
M O T I O N
Commissioner Clarke moved that the Board of County Commissioners adopt the staff findings and staff recommendations and approve the Glacier View Meadows, Lots 14 & 15, 8th Filing Amended Plat (#97-SA1089); Glacier View Meadows, Lots 23 & 25, 6th Filing Amended Plat (#97-SA1090); Continental West Subdivision, Lots 24 & 25, 1st Filing Amended Plat (#97-SA1091); and the Ptarmigan Subdivision, Lots 18 & 19, 2nd Filing Amended Plat (#97-SA1092), as outlined.
Motion carried 2 - 0.
5. LUDWICK FARM RURAL LAND USE PLAN (#97-EX1086): NW 1/4
33-05-68 - 2 MILES WEST OF JOHNSON'S CORNER AT THE INTER-
SECTION OF COUNTY ROADS 9 AND 16; 160 ACRES; 9 LOTS,
This is a request to divide 160 acres into 7 new residential sites ranging in size from 3.45 acres to 10.15 acres, for a total of 33.2 acres; one pond/green space tract of 5.07 acres associated with the residential sites, for their benefit, to be protected in perpetuity by restrictive covenant; and one parcel of 121.73 acres, including the original homestead lot of approximately 2.5 acres, to be protected in perpetuity by restrictive covenant. There will be a total of 8 residential sites, with approximately 126.8 acres, or about 79% of the total acreage, protected in perpetuity by restrictive covenant. Mr. Reidhead reviewed the location of this project and described the project in detail; he stated that this is a good project which benefits the County because it protects prime agricultural land, has controlled and specifically sited roads, architectural controls, citing of residents to respect viewsheds and ridgelines, and it benefits the owner by allowing four additional residential lots to the use by right of 35-acre division of the land, and the ability to continuing farming. Mr. Reidhead noted that there is development going on adjacent to this property and the Rural Land Use Board (RLUB) felt this was an appropriate use of the Rural Land Use Process (RLUP) because it does allow the landowner to develop in a limited fashion while at the same time respecting the agricultural character of the area; he noted that there is a lot of pressure for development in this area because of the close proximity to I-25. Staff findings include: 1) This proposal is consistent with the policies of the Rural Land Use Board; 2) The community and the landowner benefit from this proposal in roughly an equivalent manner; 3) Soils tests will be performed prior to final platting; 4) Engineering designs will be submitted for approval with the Final Plat; 5) Protective covenants, deed restrictions, and a management plan will be reviewed and approved with the Final Plat. Included in these documents shall be a residual lands transition plan explaining how residual lands shall be managed in the event that irrigation water is no longer available, e.g., plan to establish appropriate native and dryland vegetation; 6) Architectural controls will be reviewed prior to final approval.
Questions from the Board and discussion followed regarding the community concerns as listed on pages 34 and 35 in the staff report; Kathay Rennels addressed the Board and stated that she and Ed Zdenek have worked on this project with the Ludwicks for over a year. Ms. Rennels submitted a map of the area and she discussed the concerns regarding augmentation of water, the pond, the Borland drain, percolation, etc.; she noted that possibly the home sites that have percolation problems could be moved slightly to mitigate the problem and she stated that the clustering of the homes should not harm the view of the surrounding neighbors, as there are no ridgelines on this property. Ms. Rennels informed the Board that some of the home sites will be moved 30 ft. to the east because of a right-of-way issue.
Steve Human requested clarification regarding the number of additional lots being allowed for this project; he noted that based on the acreage of the first RLUP case, 16 35-acre sites were allowed, and after going through the RLUP, the property owner was allowed 3 additional sites. However, Mr. Human continued, this project is only allowed 4 units by the 35-acre rule, and by going through the RLUP, it is being allowed double density. Commissioner Clarke responded that the reason is the underlying zoning - FA Farming, with water and sewer, allows 1/2 acre lots; whereas, the first RLUP case was in O-Open zoning, which allows 10 acre lots - he noted that there is a huge difference in the potential for development of the property. Mr. Reidhead added that because of the high pressure in this area for the sale of property, the RLUP felt comfortable with the maximum bonus.
As there was no further public comment, the Board discussed the issues and made the following comments; Chair Pro-Tem Olson requested further clarification regarding the difference between this project review and the subdivision review. Ms. Haag responded that when doing a subdivision review, the Preliminary Plat approval stage is the important step in the process because at that point rights vest; however, the RLUP is a negotiated process and less formal at this level and the project is reviewed on a general type basis and then, if approved, it proceeds into the more final stages which involve more time and expense on the part of the landowner, and ultimately we end up with a fully negotiated development agreement that should address each and every issue, concern, and problem situation. Ms. Haag continued that at that time, if the development agreement doesn't reflect either the landowner's desires or intent, or if the County is not satisfied, neither party is obligated to sign off on that document. Chair Pro-Tem Olson expressed concern about the on-site septic systems working here; Mr. Ryan responded that he shares her concern and noted that several of the building sites are located in areas that have soils that are slowly percolating and have ground water problems, but he noted that the RLUP involves tradeoffs and if this land was being subdivided solely to meet the concerns of the Health Department, their recommendation would be that there are better places for placing the lots, but, with this site, that would be in the middle of the prime agricultural land. Mr. Ryan assured the Board, however, that they have asked for some soil tests to be performed before the Final Plat stage and he hopes in the meantime there will be flexibility to allow some minor redesign of the subdivision. Commissioner Clarke stated that he sees some constraints for the on-site septic systems, but he is confident that as we go through the review process, they will be addressed.
After further discussion, the Rural Land Use Board and Director's recommendation for conditional approval of the Ludwick Farm Preliminary Rural Land Use Plan was amended as follows: 1) Soils tests will be performed prior to final platting; 2) Engineering designs will be submitted for approval with the Final Plat; 3) Protective covenants and deed restrictions will be reviewed and approved with the Final Plat; 4) The small house used for hired help cannot be separated from (sold off of) the homestead lot; this shall be recorded on the Final Plat; 5) Architectural controls will be reviewed prior to final approval; 6) Engineered footing and foundations shall be required on all structures; 7) Commitment to follow established procedures for technical engineering approval and securing appropriate water rights in the event ponds are constructed; 8) The results of a radon detection test conducted in new dwellings once the structure is enclosed, but prior to issuance of a Certificate of Occupancy, shall be submitted to the Planning Department. As an alternative, a builder may present a prepaid receipt from a radon tester which specifies that a test will be done within 30 days. A permanent Certificate of Occupancy can be issued when the prepaid receipt is submitted; 9) Deed restrictions and easements shall be reviewed by the Rural Land Use Center Director prior to final plan; 10) The final plan shall identify a building envelope on each new residential lot; 11) The applicant shall provide information adequate to determine the feasibility of placing individual sanitation systems on each lot; 12) The applicant shall provide sales and other information to the Rural Land Use Center Director as necessary to insure that monitoring of the incentives can be conducted; 13) Road fees shall be paid at the time of building permit, if determined applicable by the Engineering Department; 14) Park fees shall be paid at the time of building permit; 15) School fees shall be paid at the time of building permit; 16) Purchasers of properties must be provided with a copy of the "Code of the West".
M O T I O N
Commissioner Clarke moved that the Board of County Commissioners approve the Ludwick Farm Rural Land Use Plan (#97-EX1086), subject to incorporation of the comments, issues, and conditions which have been presented by the Rural Land Use Board and the Director in the staff report and attached memos, and that those comments, issues and conditions be resolved before being brought back to the Commissioners for final approval, and add a condition that purchasers of property must be provided with a copy of the "Code of the West".
Motion carried 2 - 0.
The hearing adjourned at 3:50 p.m.
CHERYL OLSON, CHAIR PRO-TEM
LARIMER COUNTY BOARD OF COMMISSIONERS
MYRNA J. RODENBERGER
LARIMER COUNTY CLERK & RECORDER
( S E A L )
Sherry E. Graves, Deputy County Clerk