Elk in Rocky Mountain National Park
 

PROCEEDINGS OF THE BOARD OF COUNTY COMMISSIONERS

MONDAY, DECEMBER 8, 1997

MEETING REGARDING OPEN LANDS ACQUISITION AND DONATION

(#267 @ 1000)

The Board of County Commissioners met at 10:30 a.m. in regular session with K-Lynn Cameron, Open Lands Manager and John MacFarlane, Director of Parks and Open Lands. Chair Disney presided and Commissioners Clarke and Olson were present. Also present was Bob Keister, Budget Manager. Recording Clerk, Sherry Graves.

1. ACTION ITEMS:

-- Rimrock Trail Acquisition Project: Ms. Cameron requested Board approval for the acquisition of approximately 143 acres of the Rimrock Ranch; she noted that on November 20, 1997, the Open Lands Board unanimously approved a motion to recommend to the Commissioners that Larimer County acquire this property. Ms. Cameron stated that the property is located in the foothills between Fort Collins and Loveland and is an area identified as proposed open space by the Larimer County Comprehensive Parks Master Plan and also identified as top priority for trail development and open space protection; she noted that protection of this property is the first phase of a bigger project. Ms. Cameron stated that the price for this property is $2,000 per acre for a total of $286,000, which may vary slightly after the current survey is completed, and the financial terms are that we will pay $50,000 at time of closing, with the balance paid in five annual payments at an interest rate of 4.7%.

Questions from the Board and discussion followed; Ms. Cameron noted that they have applied to Great Outdoors Colorado (GOCO) for a grant for funding for construction of the trail on this property and they will be using Youth Services to help construct part of it.

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners approve the acquisition of the Rimrock Ranch property, as requested.

Motion carried 3 - 0.

-- Ramsay Donation: Ms. Cameron explained that this donation is for 29 acres of land which is being gifted to the Parks and Open Lands Department by Mr. Ramsay; this property is located in Weld County on the Larimer County line, east of the Berthoud Cemetery. Ms. Cameron stated that this gift is a memorial to Mrs. Ramsay, who was an artist and recently passed away; she noted that the understanding is that Larimer County will sell this property and the proceeds of the sale be used to finance the building of a Visitor's Center in the Carter Lake area in which his wife's art work would be displayed. Ms. Cameron stated that the value of this donation is estimated to be $218,000 and she requested Board approval of a contract for the donation of this land; she noted that the contract has been reviewed and approved by the County Attorney.

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners approve the Contract to Donate Real Estate, and authorize the Chair to sign same, and expressed the Board's appreciation to Mr. Ramsay for this donation of land.

Motion carried 3 - 0.

C97-58 CONTRACT TO DONATE REAL ESTATE FROM ROBERT D.

RAMSAY TO LARIMER COUNTY

Mr. MacFarlane noted that, as a part of his budget, he has submitted a challenge grant for a match of this donation from the Capital Improvements Fund to remodel the existing building and build the Visitor's Center; he asked the Board to seriously consider this request because he is already committed to other capital improvement projects in which funds have been allocated as matching funds for other GOCO grants and if his budget request isn't approved, he will have to use his Fund Balance, which would then be depleted. Mr. MacFarlane stated that he is asking for $150,000 in 1998 and $75,000 in 1999; he noted that if this Visitor's Center is not built, then we will not be complying with Mr. Ramsay's request to build the Visitor Center.

Mr. Keister indicated that Mr. MacFarlane's request is on the "No" list right now, as are all projects such as this request; however, the dollars requested could be derived from the Capital Expenditures Fund. Mr. Keister stated that there is going to be number of requests for monies from this Fund until the Courthouse and Jail projects are underway and we will have to tap into this Fund for remodeling for courtrooms in this building. Much discussion followed regarding the demands on the budget for next year and the Board concurred that they don't have enough information at this time to make a decision regarding Mr. MacFarlane's request. Mr. MacFarlane stated that he needs to have an answer by January or February of next year; Mr. Keister responded that in two weeks he will have a much better estimate how much will be required from the Capital Expenditures Fund for next year.

-- Letter to City of Thornton regarding farms in Larimer County: Ms. Cameron requested Board approval of a letter addressed to the City of Thornton from the County Commissioners regarding disposal of the farms in Larimer County owned by the City of Thornton. Ms. Cameron reminded the Board that the City of Thornton owns numerous farms in Larimer County, which were purchased for the water rights and one day will be transferred to Thornton for municipal uses; she noted that the purpose of the letter is to ask them to keep us informed of their short and long-term plans for these farms and to let us know when they are thinking of disposing of them. Ms. Cameron stated that one of the farms is adjacent to land owned by Colorado State University and the Agriculture, Research, Development and Education Center (ARDEC), which is interested in acquiring the farm to do dryland farming research and she noted that they have State appropriation for acquiring a portion of it. Ms. Cameron stated that they are interested in developing a partnership between CSU and Larimer County to work with Thornton to preserve the whole farm area and she noted that this fits in with the Open Lands Program to preserve some prime agriculture lands along the I-25 corridor. Ms. Cameron stated that she will advise the Ag Task Force of this matter at their meeting tomorrow night. CONSENSUS OF THE BOARD was to authorize Chair Disney to sign the letter to the City of Thornton.

2. INFORMATION ITEMS:

-- Open Space Map: Ms. Cameron presented the first draft of a map showing the open space which has been acquired in Larimer County; she noted she has worked with GIS (Geographical Information Systems) in developing this map.

-- Wetlands Initiative Legacy Grant Award - Smitherman Conservation Easement: Ms. Cameron stated that the Wetlands Initiative Legacy Grant, which was sponsored by the Division of Wildlife, and the Smitherman property, which is a conservation easement in the Estes area along the Boulder County line, has received $260,000; she noted that the Estes Valley Land Trust is the lead on this and will be working with the Open Lands Program.

-- Small Grants Program: Ms. Cameron noted that she has been receiving calls from the Estes Park and Red Feather areas regarding the Small Grants Program.

-- Invitation from Open Lands Advisory Board: Ms. Cameron informed the Board they will be receiving an invitation from the Open Lands Advisory Board for a holiday celebration on December 18, 1997.

3. EXECUTIVE SESSION:

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners go into Executive Session at 11:20 a.m. to discuss negotiations for acquisition of lands.

Motion carried 3 - 0.

The Executive Session ended at 11:30 a.m.; no action taken.

LAND-USE PLANNING MEETING

(#270)

The Board of County Commissioners reconvened at 3:00 p.m. in regular session with Larry Timm, Director of Planning. Chair Disney presided and Commissioners Clarke and Olson were present. Also present were: Richael Michels, Keith Schuett, and Dan Tasman, Planners II; Lonnie Sheldon, Project Engineer; Doug Ryan, Environmental Health Planner; and Jeannine Haag, Assistant County Attorney. Recording Clerk, Sherry Graves.

Mr. Timm requested the Board to table the Komer Special Review (#97-ZR1032) until January 12, 1998 because of a few unresolved matters.

M O T I O N

Commissioner Olson moved that the Board of County Commissioners table the Komer Special Review (#97-ZR1032) until January 12, 1998, as requested.

Motion carried 3 - 0.

Chair Disney noted that the following are consent items and will not be discussed in detail unless requested by the Commissioners or members of the audience. Two requests were received to remove the Home State Bank PUD & Rezoning item from the consent agenda.

1. BLUE MOUNTAIN SUBDIVISION - LOTS 7 & 23 - AMENDED PLAT

(#97-SA1147): 31-04-69 - 2101 SOUTH COUNTY ROAD 23E IN

BERTHOUD; 24,66 ACRES; 2 LOTS; FA-1 FARMING ZONING

This is a request to adjust the property line between two lots. Staff findings include: 1) The proposed Blue Mountain Subdivision, Lots 7 and 23 Amended Plat is in compliance with the Larimer County Land Use Plan, the Larimer County Zoning Resolution, and the Larimer County Subdivision Resolution; 2) The Amended Plat is compatible with other development in the surrounding area; 3) Approval of the Amended Plat will not result in any significant impacts to neighboring properties, the natural environment, or the provision of services and infrastructure; 4) Property values in the surrounding area would not be adversely affected by the Amended Plat. The staff recommendation is for approval of the Blue Mountain Subdivision, Lots 7 and 23 Amended Plat.

2. BERTHOUD LAKE RANCHETTES PLANNED UNIT DEVELOPMENT

LOT 16 AMENDED PLAT (#97-SA1160): NW 1/4 11-04-69 - 2319

BRECKENRIDGE COURT IN BERTHOUD; 73 ACRES; E1-ESTATE ZONE

This is a request for an Amended Plat to change conditions of approval on the Final Plat to reduce the required side yard setback on the north side to 13.74', and the south side yard setback to 12.91'. Staff findings are: 1) Approval of the Amended Plat will not result in any significant impacts to neighboring properties, the natural environment, or the provision of services and infrastructure. The staff recommendation is for approval of the Berthoud Lake Ranchettes PUD Lot 16 Amended Plat, with the following conditions: 1) The reduced minimum side yard setbacks apply only to the existing house as built and "shifted": All new accessory buildings and future additions to the house must comply with the 15' minimum side yard setbacks that normally apply in Berthoud Lake Ranchettes.

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 Blue Mountain Subdivision Lots 7 and 23 Amended Plat (#97-SA1147) and the Berthoud Lake Ranchettes Planned Unit Development Lot 16 Amended Plat (#97-SA1160); each, with the conditions as outlined.

Motion carried 3 - 0.

3. HOME STATE BANK PLANNED UNIT DEVELOPMENT AND REZONING

(#97-MS1047): NE 1/4 30-8-69 - NORTH OF COUNTY ROAD 54G AT

WHITE LANE NEAR COUNTY ROAD 23A AT THE EXISTING VERN'S

RESTAURANT IN LAPORTE; 3.59 ACRES; 3 LOTS; O-OPEN ZONING

This is a request to rezone 3.6 acres from O-Open to C-Commercial and a Master Plan/Preliminary Phase Plan to divide the property into 3 lots for a bank, mini storage warehouses, and an existing restaurant, and to vacate a portion of White Lane. Ms. Michels briefly described the project and noted that the main issue remaining to be resolved is with regard to drainage; she stated that after this concern was raised at the Planning Commission hearing, a detailed drainage report was completed and evaluated by the Engineering Department. Ms. Michels continued that Engineering's evaluation report stated that it would not change the historic point of outflow for this basin and that this development cannot be expected to control the large event runoff from the entire basin. Ms. Michels noted that the detention pond and ditch improvements will not change the path of the water and will only slightly lesson the quantity of large event stormwater runoff and the development will definitely improve storm drainage by providing a direct, definite, engineered path for small events. Ms. Michels noted that Engineering has suggested additional conditions for approval regarding right-of-way, stormwater detention area maintenance, and design of building pads.

Staff findings include: 1) This proposed Planned Unit Development, rezoning, and street vacation appear compatible with the surrounding land uses and future development plans for the area in which it is located; 2) The Larimer County Health and Engineering Departments, as well as other reviewing agencies, have reviewed this proposal and have stated no objections to it as long as certain conditions are met; 3) The proposed Planned Unit Development and rezoning meets the criteria of the Larimer County Zoning Resolution and the Larimer County Comprehensive Land Use Plan; 4) The approval of this Planned Unit Development, rezoning, and street vacation, with certain conditions, should not adversely affect the health, safety, or welfare of existing residents. The staff recommendation is for approval of the rezoning of the entire parcel from O-Open to C-Commercial, approval of the Master Plan and three-lot Preliminary Phase Plan for the Home State Bank Planned Unit Development, and approval of the vacation of the old alignment of White Lane; each of these approvals have conditions, which will be outlined in detail in the Minutes after the meeting on January 5, 1998.

Dave Lingle of Aller-Lingle Architects and representative for the applicants, stated they are in agreement with most of the conditions of approval and additions and revisions suggested by Ms. Michels; however, with regard to the new recommended conditions from Engineering, they do not feel it should be the sole obligation of the owners because, as stated in the drainage report, all of these improvements are off site and will improve the overall drainage of the entire area, independent of this site development. Also, without knowing what those expenses will be, the owners do not feel they can commit to these conditions. Commissioner Clarke recommended that this matter be tabled to allow time to resolve agreement to these conditions; Mr. Sheldon stated publicly that Engineering is not and cannot be flexible regarding these conditions.

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners table the Home State Bank PUD and Rezoning (#97-MS1047) until January 5, 1998 to allow time for staff and the applicant to discuss and resolve the conditions of approval.

Motion carried 3 - 0.

4. STANTON BRIDGE PLANNED UNIT DEVELOPMENT MASTER PLAN

AND PRELIMINARY PHASE PLAN (#97-MS0991): NE 24-6-69 - SOUTH

SIDE OF COUNTY ROAD 32, 1/2 MILE EAST OF U. S. HIGHWAY 287,

1/4 MILE WEST OF COUNTY ROAD 13 (LEMAY); 40.76 ACRES;

20 LOTS; FA-1 FARMING ZONING

This is a request to divide 40.7 acres into 20 lots of .7 - 3.82 acres for single family dwellings with 11.8 acres of open space. Ms. Michels noted that this item was heard by the Commissioners on November 24, 1997 and was tabled at that time to allow time for consideration both by the Board and the applicant of conditions that were being proposed by the Board during the hearing; those issues related to the appearance of the proposed bridge, the use of the creek/floodplain in the calculations for open space and overall density, as well as the issue of burrowing owls. Those conditions were revised and are included in the conditions outlined below.

Staff findings are: 1) This proposed subdivision is compatible with the surrounding land uses and future development plans for the area in which it is located; 2) The Larimer County Health and Engineering Departments, as well as other reviewing agencies, have reviewed this proposal and have stated their recommended conditions of approval for this project; 3) The proposed subdivision meets the criteria of the Larimer County Zoning Resolution, the Larimer County Planned Unit Development Resolution, and the Larimer County Comprehensive Land Use Plan; 4) The approval of this subdivision, with certain conditions, should not adversely affect the health, safety, or welfare of existing residents.

Jim Martell, attorney representing the applicant, stated that with regard to the three additional conditions staff has proposed, they have no problem with the condition that relates to density; he noted for the record, however, that as part of another PUD, the Board approved a very large pond as a part of the open space. Mr. Martell continued that they have no problem with the staff's proposal with respect to the crossing for Stanton Creek and will comply with the City of Fort Collins' standards; they also have no problem with a wildlife biologist preparing a study on the burrowing owls and submitting it to the Division of Wildlife (DOW) for review and comment, but they are concerned about the last part of the condition which states that the developer will do whatever the DOW recommends because this delegates the Commissioners' authority to another agency. Much discussion followed regarding the definition of development during the nesting period for the burrowing owls. Leo Schuester, applicant, stated that during the last hearing he interpreted development to be underground utility placement, street grading, etc.; however, Ms. Michels informed him the definition of development could be construed to mean bricks, sticks, foundations, etc.

Sandra Tinsman, adjacent property owner, stated that at the last hearing there was some misunderstanding and vagueness regarding clarification of policies; such as, the definition of developable land and she urged the Board to have very clear guidelines in the future. With regard to the environment and wildlife concerns in this area, she stated that resources need to be found to determine these matters before a hearing is held; she noted she appreciates the addendums to the conditions of approval but she would still like to see some compromise from the developer on lowering the density and as a compromise to the developer possibly some adjustment to the street width could be considered.

After much discussion, the Planning Commission/Staff recommendation conditions of approval of the 20-lot Stanton Bridge Planned Unit Development Master Plan and Preliminary Phase Plan were amended as follows: 1) 30 additional feet of right-of-way for County Road 32, which includes right-of-way for a bike lane, must be dedicated along County Road 32 on the Final Plat; 2) Internal streets must have a minimum 32' cross section from gutter flowline to gutter flowline and be paved; 3) Final engineering documents, including stormwater management plans, erosion control plans, drainage plans, grading plans, construction plans, and pavement designs must be submitted to and approved by Larimer County Engineering prior to construction; 4) A plan for fugitive dust control must be approved by the Larimer County Health Department; 5) A plan for prairie dog management must be approved by the Larimer County Health Department; 6) A plan for management of the open space area must be included in the Final Plat documents and provisions for this management included in the covenants or Homeowners' Association documents; 7) A vehicle barrier extending from County Road 32 to the end of Stanton Bridge Drive that is approved by the Loveland Fire Protection District must be part of the road design; 8) Fire hydrants with minimum flow of 500 gallons per minute and residual pressure of 20 psi must be installed, as shown on the submitted Preliminary Plat with the following exceptions: The hydrant on Lot 4 must be moved to the lot line between Lots 7 and 8 and the hydrant on Lot 20 must be moved to the lot line between Lots 19 and 20; 9) All cul-de-sacs shown on the Final Plat must have a 50' radius from the flowline; 10) A 12" water line must be extended from Lemay (County Road 13) to the western property line of this project; 11) A school bus waiting area must be constructed adjacent to County Road 32; 12) A pedestrian easement must be reserved on the Final Plat from the end of the western cul-de-sac to the southern property line to tie in with the existing pedestrian easement in Highland Park, to be dedicated if the use of the existing easement can be negotiated; 13) Easements as required by water, sewer and other utility providers must be shown on the Final Plat, including a 15' utility easement on both sides of Stanton Drive and in Outlots A and B, a 30' utility easement along the south side of County Road 32, and easements for any other improvements not placed within the public right-of-way must also be platted; 14) A final landscape plan must be submitted and approved by Larimer County with the Final Plat documents; 15) The Planned Unit Development restrictions regarding structure height and size must be included in the covenants for the property; 16) The following notes must be shown on the Final Plat: a) Setbacks for this project are: 20' from the perimeter of the Planned Unit Development, 15' from the edge of interior streets, and 160' from the centerline of County Road 32; b) No structure shall be taller than 40' nor larger than 6,000 square feet at the outside perimeter at grade; c) An off-site road fee of $950 per lot will be collected at the time of building permit; d) School fees of $332 will be collected for each lot at the time of building permit; e) Park fees will be collected for each lot at the time of building permit; f) Streets in this subdivision are not maintained by Larimer County; g) The Fossil Creek Drainage Basin fee must be paid at the time of building permit for each lot; this fee is not calculated by Larimer County; h) Lot specific geotechnical testing should be performed and the results should be incorporated into the building design. Groundwater may be locally or seasonally high and Lots 1 - 5 and 15 - 20 may require perimeter drains; i) Engineered footings and foundations are required for new residential construction; j) Passive radon mitigation measures shall be included in construction of residential structures on these lots. 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 repaid 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; k) All utilities must be installed underground; l) Mosquitoes may be a nuisance on this property. Larimer County is not responsible for mosquito abatement and any land owner initiated abatement activities must meet al Federal, State and Local rules and regulations; m) Prairie dog colonies exist in the area of this property and may migrate to this property. Prairie dogs have been known to carry plague. Larimer County does not perform prairie dog control; n) There are existing agricultural activities and livestock in this are that may produce dust, odors and noise. Larimer County will not take any action to stop or hinder legal agricultural uses of nearby properties; o) There is the potential for wildlife interaction or property damage in this area. Property owners should take appropriate measures to protect property. Neither Larimer County nor the State Division of Wildlife is responsible for damage or control of wildlife; p) No trees may be planted within 4' of gas lines and no structures may be placed within the Public Service easement; 18) The Final Plat must utilize a lot configuration that provides 30% open space which may include the water ways present on the site; 19) The bridge across Stanton Creek must comply with the City of Fort Collins standard bridge and railing details; 20) The applicant will have a qualified wildlife biologist prepare a report on how development (defined to be site infrastructure; i.e., streets, utilities and specifically excluding dwelling units) should proceed if burrowing owls are found on the property. This report must be submitted with other Final Plat documentation and then approved by the Colorado Division of Wildlife. Development on the site must be completed in strict accordance with this plan, if such plan is approved by the Board of County Commissioners. If the terms of the plan are modified by the Board of County Commissioners, development must be completed in strict accordance with the plan as modified.

M O T I O N

Commissioner Olson moved that the Board of County Commissioners adopt the staff findings and the Planning Commission/Staff recommendation and approve the Stanton Bridge Planned Unit Development Master Plan and Preliminary Phase Plan (#97-MS0991), with the conditions as modified and outlined.

Motion carried 3 - 0.

The hearing adjourned at 4:00 p.m.

TUESDAY, DECEMBER 9, 1997

ADMINISTRATIVE MATTERS

(# 271)

The Board of County Commissioners met at 9:00 a.m. in regular session with County Manager Frank Lancaster. Chair Disney presided; Commissioners Clarke and Olson were present. Also present were: Dale Miller, Assistant Director for Road and Bridge; Loyd Berry, Agronomist; Dick Anderson, Facilities Manager; Marc Engemoen, Public Works Director; Ralph Jacobs, Human Resources Director; Doreen Kemp, Human Resources Specialist; Sam Blanco, ETS; Terri Bryant, Chief Accountant; Gayle Morgan, Planning Staff Services Manager; Deni LaRue, Community Information Officer; and Donna Hart, Commissioners Staff Services Manager. Recording Clerk; Gael Cookman.

1. OPEN SESSION FOR PUBLIC COMMENT: Mr. Bob Shields indicated that he would appear before the Commissioners to discuss the Bob Strang 160 acre farm that the County has purchased; Mr. Shields has voiced his displeasure regarding the County's maintenance of this property as there seem to be a huge population of prairie dogs from this property that are encroaching onto his property. Mr. Shields did not come to the meeting, but four members of the County staff did, and the Commissioners decided to address the problem. After some discussion the Commissioners asked Mr. Lancaster to work with County staff and draft a land use management plan for this property in order to resolve the problems and to determine the best future use of this property.

2. APPROVAL OF THE MINUTES FOR THE WEEKS OF 11/24/97 AND 12/1/97:

Commissioner Clarke moved that the Board of County Commissioners approve the minutes for the weeks of 11/24/97 and 12/1/97.

Motion carried 3-0.

3. APPROVAL OF THE SCHEDULE FOR THE WEEK OF 12/15/97:

Commissioner Olson moved that the Board of County Commissioners approve the schedule for the week of 12/15/97 as amended.

Motion carried 3-0.

4. CONSENT AGENDA:

Commissioner Olson moved that the Board of County Commissioners approve the following documents as listed on the Consent Agenda for document review for December 9, 1997:

MISCELLANEOUS DOCUMENTS: Hasenaur Amended Exemption; Amended Plat Lots 8 & 9, Envelopes A & B and a Portion of the Common Properties of 2nd Amended Plat Fox Acres CC 1st and a Portion of Fox Acres 3rd ; RAE MRD No. 97 Ex 1013

LIQUOR LICENSES: Licenses were issued to: Red Feather Liquors - 6% - Red Feather, CO.; Rock Inn Steak House - 6% - Estes Park, CO.; Young's Liquor - 6% - Fort Collins, CO.; Windjammer Lounge - 6% - Loveland, CO.; Mexican Inn - 6% - Loveland, CO.; and Columbine Lodge - 3.2% - Bellvue, CO. County approval was granted to: Schrader Oil Company, Inc. - 3.2% - Fort Collins, CO.; Masonville Store - 3.2% - Masonville, CO.; St. Louis Liquors - 6% - Loveland, CO.; and Spanish Manor - 6% - Fort Collins, CO.

P97-05 POLICY AND ORDINANCE DEVELOPMENT PROCESS

P97-06 POLICY ON AUTHORITY GRANTED TO COUNTY MANAGER

P97-07 POLICY CREATING LARIMER COUNTY OFFICES IN WHICH APPOINTEES SERVICE AT THE PLEASURE OF THE BOARD OF COUNTY COMMISSIONERS

A97-153 MEMORANDUM OF UNDERSTANDING BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE LOVELAND CITY COUNCIL (regarding cooperation on facilities)

A97-154 LEASE AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND CACTUS HILL RANCH COMPANY, INC., (regarding the county right of way for establishing and maintaining electrical supply and telecommunications cables)

A97-155 INTERGOVERNMENTAL AGREEMENT REQUIRING THE CONTROL OF LEAFY SPURGE AND CANADA THISTLE ALONG COMMON WATERWAYS AND COUNTY BORDERS

A97-156 AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND ROCKY MOUNTAIN SAFETY SERVICES FOR WORK ZONE TRAFFIC CONTROL

A97-157 AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS, THROUGH THE LARIMER COUNTY DEPARTMENT OF SOCIAL SERVICES, AND PUBLIC SERVICE COMPANY OF COLORADO (low-income energy assistance program (LEAP) vendor agreement)

97-158 AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS, THROUGH THE LARIMER COUNTY DEPARTMENT OF SOCIAL SERVICES, AND K N ENERGY, INC. (low-income energy assistance program (LEAP) vendor agreement)

A97-159 AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS, THROUGH THE LARIMER COUNTY DEPARTMENT OF SOCIAL SERVICES, AND FERRELLGAS, LP (low-income energy assistance program (LEAP) vendor agreement)

A97-160 AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS, THROUGH THE LARIMER COUNTY DEPARTMENT OF SOCIAL SERVICES, AND THE TOWN OF ESTES PARK (low-income energy assistance program (LEAP) vendor agreement)

R97-180s FINDINGS AND RESOLUTION APPROVING THE MORRIS MINOR RESIDENTIAL DEVELOPMENT APPEAL

R97-181s FINDINGS AND RESOLUTION APPROVING THE AMENDED SALOMONSON MINOR RESIDENTIAL DEVELOPMENT

R97-182g RESOLUTION ESTABLISHING A WIRELESS COMMUNICATIONS ACCESS CHARGE FOR THE LARIMER EMERGENCY TELEPHONE AUTHORITY

R97-183g RESOLUTION ON REGULATIONS RELATING TO LARIMER COUNTY PUBLIC RECREATION AREAS AND FACILITIES

Motion carried 3-0.

5. PROCLAMATION OF INTERNATIONAL HUMAN RIGHTS DAY

Ms. Kemp explained that the proclamation is an effort to raise diversity awareness, and to promote mutual respect for others; she noted that the United Nations has declared December 10, 1997 as International Human Rights Day. Commissioner Olson read the proclamation aloud.

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners proclaim December 10, 1997 as Human Rights Day in Larimer County.

Under discussion of the motion, Chair Disney wanted to know what we are doing to let citizens know that Larimer County actively promotes diversity. Ms. Kemp explained that the Cultural Diversity Advisory Committee is concentrating on building a strong foundation in order to address diversity issues, but that there has not been public outreach as of yet.

Motion carried 3-0.

6. COUNTY DIVERSITY PRINCIPLES: Ms. Kemp briefly explained the Diversity Principles and outlined the six major areas of emphasis contained therein; these areas define the County's internal and external diversity objectives. Ms. Kemp noted that all departments would be responsible to enforce and abide by these principles, but that the initial training would be conducted by Human Resources during new employee orientation. Chair Disney stated that it is a universal responsibility to treat each other with respect and he hoped that some of the educational efforts would be directed towards the public as well.

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners approve of the Diversity Principles as presented.

Motion carried 3-0.

7. LEGISLATIVE POLICIES: Ms. Bryant requested Board approval to pursue efforts to repeal the sections of the Colorado State Statutes that require the County to publish both the employee salaries and the County warrants; she stated that the salary publication often creates discomfort for employees and that there are other factors associated with an employee's salary such as experience, education, seniority, and longevity, which are not evident in the publishing. Ms. Bryant feels that this money could be better spent elsewhere but if the law cannot be changed she suggested publishing just the classified position and salary, without including the individuals name would be an improvement over the way this situation is currently. Chair Disney agreed that in his opinion it is a blatant waste of money, especially since it would be possible to publish the salaries on the web page and not have to pay anything extra to do so; however, he noted that this topic has come up in the past and the perception is that if we try to stop publishing the salaries in the newspaper, then citizens might feel we have something to hide. Mr. Lancaster explained that the County is the only level of government required to publish salaries. Commissioners Clarke and Olson noted that they would also support a change of legislation regarding this issue.

M O T I O N

Commissioner Olson moved that the Board of County Commissioners approve efforts to pursue with the State Legislature the repeal of Section 30-25-111 (1.5) (4) and Section 30-25-111 (1) of the Colorado State Statues requiring the publication of employee salaries and the publication of county warrants.

Motion carried 3-0.

8. INCREASE IN FTE IN PLANNING DEPARTMENT:

Ms. Morgan requested Board approval to increase one FTE Accounting Technician II position from .6 o .8 (from three days a week to four), effective January 1, 1998.

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners approve the increase in FTE from .6 to .8 (from three days a week to four days a week), for Jacquie Hadwick, effective January 1, 1998. Funds for this increase will come from the Building Department's approved 1998 budget.

Motion carried 3-0.

9. APPOINTMENT TO THE MENTAL HEALTH BOARD:

Commissioner Olson reviewed the applications requesting membership to the Mental Health Board, and explained that this is one Board that has a hard time filling the positions; she recommended they appoint Arthur Thomas "Tom" Linnell and Ed Wilkins to the Mental Health Board. Chair Disney asked if the Board had a geographical balance, and Commissioner Olson said she felt they did since one member was from Estes Park, two were from Loveland, and the Board meets in Loveland.

M O T I O N

Commissioner Olson moved that the Board of County Commissioners approve the appointment of Ed Wilkins to a two and a half year term on the Mental Health Board, beginning December 10, 1997 and Tom Linnell to a three and a half year term on the Mental Health Board, beginning December 10, 1997.

Motion carried 3-0.

10. WORKSESSION:

Mr. Lancaster stated that he has received pleas for a new DA in Loveland and another position in Extension; he then passed out a list of budget items that have been requested by departments for purchase in 1998. Mr. Lancaster stated that there is the possibility that some departments are not including their requests in the budget process, but instead they are waiting and coming to the Commissioners to request their needs in person with the hopes to gain immediate approval, rather than getting prioritized on a list. Mr. Lancaster wanted the Commissioners to be aware that there is the possibility this is happening.

Mr. Lancaster noted that during Administrative Matters two weeks ago, one employee requested the Commissioners' consider giving County employees the day after Christmas and the day after New Years off; he explained that he has received a lot of feed back from employees who are upset since a newspaper article made it look like all of the employees wanted this. Mr. Lancaster thinks that it is important that when one employee asks a question of the Commissioners, that question gets answered; he did feel badly that the newspaper article implied that all County employees are "whining" for a day off, when this is not the case at all, as most employees are very happy with their allotted days off. Mr. Lancaster also wanted to highlight just how many County employees will be working hard both on Christmas and New Years Day, these include: the Sheriff's Department, Youth S.A.F.E., 911 operators, Road and Bridge (if it snows), Mental Health, Youth Services Bureau (on call), child advocacy personnel, etc. Mr. Lancaster thinks it was a legitimate question from an employee and it deserved an answer, but not the bad press that went with it.

11. INVITATIONS:

Ms. Hart reviewed which invitations the Commissioners could attend.

12. COMMISSIONER REPORTS:

Commissioner Olson noted that the Rural Land Use Board held a public meeting last Thursday for their proposed fee schedule and Tom Bender was only person who came; she also noted that Larry Timm and Jim Reidhead want to schedule a worksession regarding evaluating the program and that the retreat and interviews are on the schedule for the first part of January.

Commissioner Olson stated that Bruce Biggi asked when he might be moving since someone from the Sheriff's office was over measuring his area; she told him that he probably will not be going anywhere for a while. Mr. Lancaster stated that he needs a budget analysis from the Sheriff's Department to help determine the cash flow and time lines for movements.

Commissioner Olson asked what approach to take with LAPAC since they had a resignation from one of their committee members and they would like the Commissioners to appoint a new member as soon as possible; she stated that they are redefining their mission and she asked if now is a good time to appoint someone since she is not real sure how many active members there are anymore. Commissioner Clarke stated that he would attend a LAPAC meeting in January to try and determine what their personnel needs are, etc.

Commissioner Clarke noted that Mr. Gluckman is scheduled to have a meeting with the foster parents to help resolve some problems.

Commissioner Clarke explained that he is working with the kids from local schools for the alternative parties and that they will be asking for some money from the seizure fund and from the Fort Collins Police Department; he noted that they are working on a fund raiser video and he might be in and out of the PLUS meeting and he appreciated the Commissioners support and understanding concerning this project.

Chair Disney suggested that at some point in the near future it would be a good idea to have a worksession with the committee for the relocation of the fairgrounds; he recommended an evening meeting to facilitate maximum attendance.

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners go into Executive Session to discuss a personnel matter.

Motion carried 3-0.

Executive Session ended at 11:50 a.m.; no action taken.

LIQUOR LICENSE HEARING FOR

SOUTHLAND CORPORATION DBA 7-ELEVEN STORE # 32276

(#272)

The Board of County Commissioners reconvened at 1:30 p.m. for a Liquor License Hearing for the Southland Corporation dba 7-Eleven Store # 32276. Chair Disney presided and Commissioners Clarke and Olson were present. Also present was County Attorney George Hass. Recording Clerk, Gael Cookman.

Mr. Hass reviewed the contents of the application filed by Southland Corporation and asked their representative, attorney Mark Fisher, to proceed with their evidence. Mr. Fisher called Nicole Acevedo to the stand to be sworn in. Ms. Acevedo explained that she was in charge of training all new employees with regards to 7-Eleven's policies, including those pertaining to the sale of alcohol; she noted that as part of their "Come of Age" training guide, employees are trained to ID each individual who requests to purchase alcohol or tobacco. Ms. Acevedo further explained that their employees are trained on how to check for fake ID's, how to refuse a sale, and the legal restrictions on hours of selling alcohol. Mr. Fisher presented the "Come of Age" training guide as exhibit C. Mr. Fisher then called Max Scott of Oedipus, Inc. to the stand to be sworn in. Mr. Scott explained that he was hired to conduct the petitioning of the surrounding neighborhoods to determine the needs and desires of these neighborhoods. Mr. Scott presented the petitions as exhibit B, described the process he uses to circulate the petitions, and concluded that there is a need and desire to have this establishment in the area. Mr. Hass asked for a representative of the Corporation to acknowledge exhibit A as the posting of the premises, and Mr. Tony Mikulski was sworn in and attested that he photographed one of the pictures, and that the sign was posted for at least 10 days. For the record, Mr. Hass noted that there was no one appearing at today's hearing in opposition to the granting of this license.

This matter coming on to be heard this 9th day of December, 1997 of an application for a 3.2% Beer License from the Southland Corporation, dba 7-Eleven Store # 32276, and the Board of County Commissioners having heard the testimony and evidence has considered the same, and being fully advised on the premises, find that the requirements of the neighborhood and the desires of the inhabitants indicate that the said license should be granted. Therefore, it is ordered that a Colorado 3.2% Beer License be granted to the Southland Corporation, dba 7-Eleven Store # 32276, located at 6600 South College Avenue, Fort Collins, Colorado.

M O T I O N

Commissioner Olson moved that the Board of County Commissioners approve the application of the Southland Corporation, dba as 7-Eleven, for a 3.2% Beer License at the location of 6600 South College Avenue, Fort Collins, CO 80525, in the County of Larimer, and allow the license to be granted.

Motion carried 3-0.

The meeting adjourned at 1:50 p.m.

______________________________________

JIM DISNEY, CHAIR LARIMER COUNTY

BOARD OF COMMISSIONERS

MYRNA J. RODENBERGER,

LARIMER COUNTY CLERK & RECORDER

( S E A L )

ATTEST:

___________________________________

Sherry E. Graves, Deputy County Clerk

___________________________________

Gael M. Cookman, Deputy County Clerk

Background Image: Rocky Mountain National Park by Sue Burke. All rights reserved.