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PROCEEDINGS OF THE BOARD OF COUNTY COMMISSIONERS

MONDAY, AUGUST 3, 1998

LAND-USE PLANNING MEETING

(#364 @ 400)

The Board of County Commissioners met at 3:00 p.m. in regular session with Larry Timm, Director of Planning. Chair Olson presided and Commissioners Clarke and Disney were present. Also present were: Rob Helmick, Senior Planner; Matt Lafferty, Planner II; Sean Wheeler, Planner I; Lonnie Sheldon, Project Engineer, and Linda Connors, Assistant County Attorney. Recording Clerk, Sherry Graves.

Chair Olson stated that the following are consent items and will not be discussed in detail unless requested by the Commissioners or members of the audience; she proposed that item #4, the Larimer County Commercial Mineral Resources Plan, be removed from the agenda as several citizens are here today to discuss this item with the Board.

1. RANCHERO ROAD STREET NAME CHANGE (#98-OS1259): E 1/2 OF

33-04-69 - PORTIONS OF SECTIONS 26, 27 AND 34-08-70, 1/4 MILE SOUTH

OF COUNTY ROAD 4 AND 1/4 MILE WEST OF HIGHWAY 287

This is a request to rename Cuerdo Street to Ranchero Road within an unnamed 35-acre lot development and the Horseshoe Park 3rd Filing Subdivision. Staff findings include: 1) Unique street names are important and needed to accommodate addressing of each dwelling. Having a specific street name within this subdivision that is easily pronounced will reduce confusion in locating specific addresses; 2) No objections to the proposed application or names proposed were received; 3) The County Health and Engineering Department, and all utility and emergency service providers in this area, reviewed the proposed street name changes and stated no objections. The staff recommendation is for approval of the request to change the street name Cuerdo Street, as illustrated on attachments, to Ranchero Road.

2. VAN RIPER MINOR RESIDENTIAL DEVELOPMENT AMENDED

EXEMPTION (#98-EX1267): NE 1/2 - 26-04-70 ON THE EAST SIDE OF

COUNTY ROAD 27E, 2 MILES SOUTH OF COUNTY ROAD 8E;

50 ACRES; 2 LOTS; O-OPEN ZONING

This is a request for an Amended Exemption of the Van Riper MRD #S-31-92 to adjust the lot lines between Lots 1 and 2; said adjustment will not reduce the lot area of either parcel within the MRD. Staff findings are: 1) The proposed Amended Exemption is in compliance with the Larimer County Master Plan, the Larimer County Zoning Resolution, and the Larimer County Subdivision Resolution; 2) The Amended Exemption is compatible with other development in the surrounding area; 3) Approval of the Amended Exemption 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 Amended Exemption of the Van Riper Minor Residential Development, subject to the following conditions: 1) All conditions and notes as set forth by the Van Riper Minor Residential Development #S-31-92, shall remain in effect for this amendment; 2) The Amended Exemption of the Van Riper Minor Residential Development shall delineate the hazard areas, and notes as depicted on the original Van Riper Minor Residential Development Plan.

3. CONVERSION OF THE LARIMER COUNTY ZONING MAPS TO GIS

FORMAT AND ADOPTION THEREOF

This request is for adoption of the official Larimer County Zoning maps. Staff findings include: 1) The official Zoning Map of the County should be accurate and current; 2) The current map is out of date and does not reflect all the changes adopted by resolution of the Board of County Commissioners; 3) The new map is current and reflects the current zoning; 4) The Larimer County Planning Commission shall certify to the Board of County Commissioners these maps for adoption.

The Planning Commission/Staff recommendation is for approval of these maps for adoption as the official zoning maps for Larimer County. Maps 1-66 of the Township zoning maps of Larimer County and the FIRM maps of Larimer County Community Panel numbers 080101 0001-0278 dated July 17, 1998.

Mr. Helmick showed the Board what the new format for the official GIS township by township zoning map will look like; he noted it will be available for public sale in a week or two.

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners adopt the staff findings and Planning Commission/Staff recommendations and approve the Ranchero Road Street Name Change (#98-OS1259); Van Riper Minor Residential Development Amended Exemption (#98-EX1267); and the Conversion of the Larimer County Zoning Maps to GIS Format and Adoption thereof; each, with the conditions as outlined.

Motion carried 3 - 0.

4. LARIMER COUNTY COMMERCIAL MINERAL RESOURCES PLAN

(#98-RR1220):

This is a request for approval of the Larimer County Commercial Mineral Resources Plan. Staff findings are: 1) CRS 34-1-304 requires the Larimer County Planning Commission to develop a Master Plan for the identification and extraction of mineral deposits; 2) The Current Plan relies upon the mapping and identification done in 1974 and the policies of the Master Plan adopted in 1997; 3) The proposed plan only identifies sand and gravel resources. Information regarding the location and value is not currently available for other mineral resources in Larimer County; 4) If there is sufficient interest from the mineral resource community, the plan could be amended to include other resources, if they can meet the test of the Statutes; 5) The sand and gravel resources of the County are currently the most affected by development pressures over which the Board of County Commissioners has discretionary authority. The recommendation of the Planning Commission/Staff is for approval of the Larimer County Commercial Mineral Resource Plan.

Mr. Helmick submitted a copy of the resolution adopted by the Larimer County Planning Commission recommending and certifying the Larimer County Commercial Mineral Resources Plan and recommending that the Board of County Commissioners adopt same. Mr. Helmick reviewed the history and background of House Bill 1529, which was passed by the State Legislature in 1973, requiring the County, with the aid of studies done by the Colorado Geological Survey, to conduct a study of the commercial mineral deposits located within its jurisdiction and to develop a master plan for the extraction of such deposits and to certify same to the Board of County Commissioners. Mr. Helmick stated that the Larimer County Commercial Mineral Resources Plan identifies the mineral deposits to be preserved in Larimer County as those aggregate resources identified as high quality floodplain and terrace sand and gravel deposits and excludes resources overlain by the natural resources identified in the County's 1997 Master Plan; he noted that after the Planning Commission hearing, a number of phone calls were received, as well as letters from Colorado Lien Company and Holnam Cement Plant regarding their interests in silica sand, limestone, and gypsum being identified as commercial mineral resources. Mr. Helmick stated that the Planning Department is not adverse to investigating the inclusion of those minerals as an amendment to the resource plan, but the plan presented today is based upon the information and resources available, which includes mapped information; he noted that they don't have good mapping for the resources identified in either of those letters, nor do they have enough academic information to show that they meet the statutory test of being either economically or strategically important to the area, state or nation. Mr. Helmick stated that staff is suggesting that if the Board is inclined to examine these other resources, it should be a future planning project, and noted that there would be budget implications associated with it.

Sam Lien, President Colorado Lien Company, addressed the Board and referred to the letter she sent them regarding mineral interests (limestone, silica sand, and gypsum) which they believe should fit under the commercial minerals definition; she stated that she is here today to support the adoption of the Mineral Resource Plan, as presented, but asked that the Board consider inclusion of these other minerals in the future and noted that she would like to be involved in that process. Joel Brannam, Plant Manager Holnam Cement Plant, respectively requested that the Larimer County Commissioners turn the matter of commercial mineral resources over to the Planning Commission to allow the industry and the Planning Department to work jointly to identify commercial minerals; he noted that Holnam also sent a letter to the Commissioners and Planning Department identifying the areas that are of immediate concern to their plant. Dee Barger, owner of Ingleside Quarry, supports the statements of the previous two speakers and stated that she thought limestone was included in the original State Law; Mr. Helmick responded that limestone is included, but for construction purposes only. Judy Sprague, Vice President Arkins Park Stone Quarry in Masonville, stated that it has been stated that there are no maps available showing sandstone in the County; however, they had to present maps to get permits and they will be glad to furnish those maps and any other literature needed, at their expense, and will ask the other sandstone quarry operators in the County to do the same. Ms. Sprague stated that she feels sandstone is important to Larimer County, the state, and the nation and to eliminate sandstone from the law is prejudicial, discriminatory, and illegal according to the State Law; she noted that she also supports approval of the Commercial Mineral Resources Plan as presented today.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners adopt the staff findings and Planning Commission/Staff recommendation and approve the Larimer County Commercial Mineral Resources Plan (#98-RR1220), and that inclusion of other minerals (sand silica, limestone, and gypsum) be considered as an amendment to the Plan.

Motion carried 3 - 0.

The hearing adjourned at 3:50 p.m.

TUESDAY, AUGUST 4, 1998

ADMINISTRATIVE MATTERS

(#365)

The Board of County Commissioners met at 9:00 a.m. in regular session with Frank Lancaster, County Manager. Chair Olson presided and Commissioners Clarke and Disney were present. Also present were: Randy Jones, Superintendent Rocky Mountain National Park; Marc Engemoen, Director Public Works; Andy Paratore, Director Information Management Services; Kathy Snell, Director Health and Human Services; Ginny Riley, Director Human Services; Anne Keire, Child Care Supervisor; Doreen Scott, Manager Assistance Payments Team; Neil Gluckman, Assistant County Manager; Brice Miller, Chief Building Official; Donna Hart, Commissioners' Office Staff Services Manager; and Deni LaRue, Community Information Manager. Recording Clerk, Sherry 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 WEEK OF JULY 27, 1998:

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the Minutes for the week of July 27, 1998, as submitted and amended.

Motion carried 2 - 0; Commissioner Clarke dissenting as he was on vacation last week and did not attend the meetings.

3. APPROVAL OF SCHEDULE FOR WEEK OF AUGUST 10, 1998:

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners approve the Schedule for the week of August 10, 1998, as submitted and revised.

Motion carried 3 - 0.

4. REMOVAL OF TWO PETITIONS FOR ABATEMENT FROM CONSENT AGENDA:

M O T I O N

Commissioner Disney moved that the Board of County Commissioners remove the two Petitions for Abatement for Earl and Ida Johnson and Johnson Investments, Inc. from the consent agenda because of a conflict of interest with Chair Olson and, at this time, she left the room.

Motion carried 2 - 0.

5. APPROVAL OF TWO PETITIONS FOR ABATEMENT REMOVED FROM CONSENT AGENDA:

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the two Petitions for Abatement and Refund of Taxes, as recommended by the County Assessor, for Earl and Ida Johnson and Johnson Investments, Inc.

Motion carried 2 - 0.

Chair Olson re-entered the room and re-joined the meeting.

6. APPROVAL OF REMAINDER OF CONSENT AGENDA:

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the following documents, as listed on the Consent Agenda for Document Review for August 4, 1998:

PETITIONS FOR ABATEMENT OR REFUND OF TAXES, as recommended by the County Assessor, were approved for the following: James and Valire Moschetti; Robert L. Hill; Mabel Boland Rev. Trust; Jan and Lisa Schwarzburg; Sovick Design Builders, Inc.; David G. Alciatore; Leslie Voss, et. al; Todd & Heidi Wampler; Dale & Nedine Woodard; and Gerald & Marilyn Allen.

MISCELLANEOUS DOCUMENTS: Feldman Minor Residential Development Plat; Wild Minor Residential Development Plat; and the Second Quarter Report for 1998 for the Public Trustee.

A98-109 PROFESSIONAL SERVICE AGREEMENT BETWEEN THE

BOARD OF COUNTY COMMISSIONERS AND THE ARCHITECT'S

STUDIO (Waverly Shop Addition)

A98-110 CHILD CARE RESOURCES SERVICES AGREEMENT BETWEN

THE BOARD OF COUNTY COMMISSIONERS THROUGH THE

LARIMER COUNTY EMPLOYMENT AND TRAINING SERVICES

AND THE WOMEN'S CENTER OF LARIMER COUNTY

A98-111 WARRANTY COLLATERAL AGREEMENT BETWEEN THE

BOARD OF COUNTY COMMISSIONERS AND BEDROCK

DEVELOPMENT, LLC. (Wyndham Hill PUD, Phase I)

A98-112 AGREEMENT BETWEEN THE STATE BOARD OF COUNTY

COMMISSIONERS AND THE STATE BOARD OF COMMUNITY

COLLEGES AND OCCUPATIONAL EDUCATION (Scholarship

Vouchers for Education Training for Dislocated Workers)

A98-113 UNIFORM SERVICES AGREEMENT BETWEEN THE BOARD

OF COUNTY COMMISSIONERS AND AMERICAN LINEN

C98-35 ANNUAL MEDICAID CONTRACT BETWEEN THE BOARD OF

COUNTY COMMISSIONERS AND THE STATE OF COLORADO

FOR THE USE AND BENEFIT OF THE DEPARTMENT OF

HEALTH CARE POLICY AND FINANCE

R98-123s FINDINGS AND RESOLUTION APPROVING AN AMENDED PLAT

IN FOX ACRES COUNTRY CLUB, LOTS 1, 7, 8, 9 AND 11 OF

ENVELOPE I, A PORTION OF THE COMMON PROPERTY LINE

OF 3RD AND 4TH FILING

Motion carried 3 - 0.

7. PRESENTATION ON WILDERNESS DESIGNATIONS IN ROCKY MOUNTAIN NATIONAL PARK: Mr. Jones introduced Rocky Mountain Park Wilderness Coordinator Tim Devine and provided an update on the wilderness proposal; he noted that they have been working with the Colorado Congressional Delegation for several years trying to get the long-standing wilderness proposal recommendations for the Park through Congress. Mr. Jones stated that some controversial water rights language has held it up for several years, but that language has been dropped. Mr. Devine presented a map showing the recommended wilderness boundaries within Rocky Mountain National Park and reviewed the history, noting that in 1974, the Park became a recommended wilderness when President Nixon introduced it into Congress and since that time, it has been managed as though it was wilderness. Mr. Jones informed the Board that Grand County voted unanimously to endorse the legislation for the wilderness designation. Commissioner Disney stated he is very much in support of the wilderness proposal because it will give the remainder of the Park the protection it needs. The Board requested that Mr. Lancaster draft a letter for all three Commissioners to sign in support of the wilderness proposal to be sent to the Colorado Senators and Congressmen.

Mr. Jones informed the Board that there is a 30+ acre tract of land for sale along Highway 34 in the Fall River corridor that the Parks' Friends Group is considering in which the County may also be interested; he noted that the property borders the Park and is a critical sheep habitat. Mr. Jones informed the Board that negotiations are moving forward on the Fall River Visitor's Center. Mr. Jones thanked Commissioner Clarke for his leadership and support of the Park and expressed regret that he is not running for re-election; in appreciation, he presented John Fielder's book on Parks to Commissioner Clarke.

8. NATIONAL NIGHT OUT PROCLAMATION:

M O T I O N

Commissioner Disney moved that the Board of County Commissioners proclaim August 4, 1998 as National Night Out for 1998, and authorize the Chair to sign the Proclamation.

Motion carried 3 - 0.

9. ADOPTION OF TRUCK PARKING RESOLUTION FOR MOUNTAIN RANGE SHADOWS: Mr. Engemoen stated that last Fall he was contacted by some residents of Mountain Range Shadows concerned about the large tractor-trailer truck combinations parking in their neighborhood and so be began working with them to find a solution to the problem; he noted that a lot of the residents want the trucks out of the subdivision because of the safety concern for the children playing in the narrow streets, and they are concerned about the noise and damage to the roads from the heavy trucks on the streets. Mr. Engemoen continued that he also heard from a lot of people who drive trucks for a living that live in this subdivision because of the access onto the Interstate. Mr. Engemoen stated that neighborhood meetings were held and several compromise options were discussed and they reached a reasonable compromise to prohibit tractor-trailer combinations, but allow existing residents to park the cab portion of the trucks and other commercial trucks in the neighborhood provided they are current residents; however, if they move out and new residents move in, the new residents will not be allowed to park there, so gradually through attrition, trucks will be eliminated in the neighborhood. Mr. Engemoen stated that most of the residents were willing to accept this compromise so they proceeded to finalize the regulations and sent a letter to everyone saying that if they have a truck, they need to register with the Public Works Department to be exempted under the proposed regulations. Mr. Engemoen requested Board approval of a resolution and regulation relating to parking in Mountain Range Shadows Subdivision. Mr. Engemoen introduced Ken Edwards, a resident in the subdivision, who addressed the Board and expressed concern that the proposed regulation allows residents that are either owners or operators to get this exemption and he thinks it should only be for the owners. Mr. Edwards presented pictures showing the large tractor trailers on the narrow streets and expressed his concern for the safety of the children. Mr. Lancaster pointed out that #3 in Section III - Exempted Vehicles should be modified to read "owned or operated" rather than as written "owned and operated"; the Board concurred with the modification. Much discussion followed.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners adopt the resolution and regulations relating to parking in Mountain Range Shadows Subdivision, with the change to #3 under Section III - Exemption Vehicles to read "This regulation shall not apply to prohibited vehicles owned or operated by residents of the subdivision on the effective date of this regulation ...", and authorize the Chair to sign same.

Motion carried 3 - 0.

R98-124g RESOLUTION AND REGULATIONS RELATING TO PARKING

IN MOUNTAIN RANGE SHADOWS SUBDIVISION

10. APPOINTMENT OF NEW GIS DIRECTOR: Mr. Paratore stated that after a thorough interview and screening process, the interview teams overwhelming selected Jeff Rulli as the newly Appointed Official of GIS and Mapping Manager at a yearly salary of $56,150, and he requested Board approval of his appointment. Mr. Paratore introduced Jeff Hertz, the Year 2000 Coordinator recently hired for Larimer County.

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners approve the appointment of Jeff Rulli as the newly Appointed Official of GIS and Mapping Manager, with a yearly salary of $56,150, starting September 14, 1998.

Motion carried 3 - 0.

11. REMOVAL OF MEMBERS FROM MENTAL HEALTH ADVISORY BOARD: Ms. Snell asked the Board about removing two members from the Mental Health Advisory Board who have missed three consecutive meetings; Commissioner Disney noted that the ByLaws state that if a member misses 3 consecutive meetings, they are automatically out. Commissioner Clarke stated that if this action is taken, in order to be fair and consistent, all Boards and Commissions need to be looked at as well; it was agreed that the Board Liaison to each Board and Commission needs to be tracking this

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners approve the removal of Ron Schmidt and Ken Henschke as members of the Mental Health Advisory Board.

Motion carried 3 - 0.

12. CONTINUATION OF LETA TELEPHONE FEE: Mr. Lancaster noted that a letter was received from the attorney for the Larimer Emergency Telephone Authority requesting the Board to adopt a resolution approving a telephone exchange access facility charge and a wireless communications access charge, effective January 1, 1998, each at the rate of .45 per month.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve a resolution establishing a telephone exchange access facility charge and a wireless communication access charge for the Larimer Emergency Telephone Authority, effective January 1, 1999, each at the rate of .45 per month, and authorize the Chair to sign same.

Motion carried 3 - 0.

R98-125g RESOLUTION ESTABLISHING A TELEPHONE EXCHANGE

ACCESS FACILITY CHARGE AND A WIRELESS

COMMUNICATIONS ACCESS CHARGE FOR THE LARIMER

EMERGENCY TELEPHONE AUTHORITY

13. WAIVER REQUEST FOR THE CONSOLIDATED CHILD CARE PILOT: Ms. Riley stated that a while back the County applied to be one of the pilot projects on the Consolidated Child Care Project, whereby they would take many of the existing child care programs and try to develop coordination for delivering the programs; she informed the Board that Larimer County has been selected as a pilot and a part of that is they can ask for waivers of laws or regulations that stand in their way for providing good child care. Ms. Riley stated that the purpose for meeting with the Board today is to request permission to submit a request for a waiver. Ms. Scott explained that this waiver would involve 50 families and will simplify the eligibility process. Ms. Keire stated the State Law has held them back and now, through this pilot program, they can apply and it will provide a great opportunity to try some things that they have wanted to do for a long time.

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners approve the waiver request for the Consolidated Child Care Pilot, as requested.

Motion carried 3 - 0.

14. WORKSESSION:

-- Upgrade of Imaging System for Clerk's Office: Mr. Lancaster stated that he has been working with the Clerk's Office on upgrading their imaging system; he noted that Mr. Ragsdale has been working with Budget Manager Bob Keister identifying all the costs and the Clerk's Office would like to use some of their extra revenue for the expenditure of $90,000 for imaging upgrading. Mr. Lancaster informed the Board that he told them to proceed.

-- Appointment of Dr. John Young as Psychiatrist for Mental Health Center: Mr. Lancaster stated that Dr. Clare Arth, Staff Psychiatrist for the Mental Health Center, has resigned and Dr. John Young has agreed to take the position; he noted that policy allows that the appointment is actually made by the Chief of the Mental Health Center, but has to be approved by the Commissioners.

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners approve the appointment of Dr. John Young to the position of Staff Psychiatrist for the Mental Health Center, effective August 10, 1998, at an annual salary of $125,000.

Motion carried 3 - 0.

-- Discussion of Process of Sheriff's Department regarding liquor license establishments: Discussion ensued regarding the process the Sheriff's Department uses for identifying and reporting incident reports during the year for liquor establishments in the County.

-- Discussion of Proposed 1999 Legislative Issues: Mr. Gluckman submitted and reviewed a list of proposed Larimer County 1999 Legislative Issues for the Board to review; he stated that before he sends the list to Colorado Counties, Inc. (CCI), he wanted comments from the Board. The Board reviewed the list and omitted the issue of school inspections until they have an opportunity to discuss that issue with the school district.

-- Invitations: Ms. Hart reviewed the pending invitations with the Board.

15. COMMISSIONER REPORTS:

-- Commissioner Disney stated that at the Berthoud Town Board study session tonight they are going to discuss the Highway 287 Bypass; he noted there is a group of folks objecting to the preferred alignment and suggesting another route to align with CR 17. Commissioner Disney stated that the Mayor of Berthoud is requesting a position letter from the Board to be available at their study session tonight. After discussion, the Board stated they still support the preferred alternative and feel that if they start looking at other alternatives, CDOT will pull their funding again until they have decided for sure what route they want. The Board will ask Ms. Hart to write the letter in support of the preferred alternative for the Board to sign.

-- Chair Olson reported that Commissioner Clarke will attend the Road Standards meeting tomorrow night in her absence.

The meeting adjourned at 11:35 a.m.

_________________________________________

CHERYL OLSON, CHAIR LARIMER COUNTY

BOARD OF COMMISSIONERS

MYRNA J. RODENBERGER

LARIMER COUNTY CLERK & RECORDER

( S E A L )

ATTEST:

__________________________________________

Sherry E. Graves, Deputy County Clerk

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