PROCEEDINGS OF THE BOARD OF COUNTY COMMISSIONERS

Monday, March 20, 2000

LAND-USE PLANNING HEARING

(#587 @ 30)

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 Disney and Rennels were present. Also present were Matt Lafferty, Planner II; Rob Helmick, Senior Planner; Sean Wheeler, Planner II; Fred Starr, Planner II; Doug Ryan, Environmental Health Planner; Rusty McDaniel, Project Engineer; Rex Burns, Project Engineer; Sylvester Mabry, Civil Engineer; and Jeannine Haag, Assistant County Attorney. Recording Clerk, Jean O'Connor.

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. Mr. Starr provided the Board with amended recommendations for item #5, Timnath/Connell Pit Special Review and stated that the applicant was in agreement with the revisions. Mr. Dan Keen requested that item #5 be removed for discussion.

  1. COLONA CONDOMINIUMS SUPPLEMENT #1 (AKA- LAPORTE PLAZA PUD CONDOMINIUMS) #00-S1542: SE 1/4, 29-08-69; LOCATED ON THE SOUTH SIDE OF COUNTY ROAD 54G JUST WEST OF COUNTY ROAD 52.

This is a request to condominiumize the fourth of eight buildings located at the LaPorte Plaza PUD. Staff findings included: 1. The proposed Condominiumization is in compliance with the Larimer County Master Plan, the Larimer County Zoning Resolution and the Larimer County Subdivision Resolution; 2. The Condominiumization is compatible with other development in the surrounding area; 3. Approval of the Condominium 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 Condominiumization; 5. Maintenance of the building, parking lot, landscaping and other common areas will be the responsibility of the property owners association, pursuant to the Condominium Declaration and by-laws the Summit Commercial Center Condominiums Association. The staff recommends approval of Case # 00-S1542 - Condominium Map of the Colona Condominiums Supplement No. One (also referred to as LaPorte Plaza PUD).

2. VISTA ESTATES MINOR LAND DIVISION #99-S1514: W 1/2 15-04-69; ON THE EAST SIDE OF COUNTY ROAD 19, APPROXIMATELY 1.4 MILE NORTH OF HIGHWAY 56.

This is a request to divide a 120-acre parcel with an existing dwelling into 3 lots of 5.07 acres (for the existing dwelling), 3.50 acres (new lot) and 111.94 acres (remaining parcel to be developed later). Staff findings include: 1. The proposed Vista Estates Minor Land Division complies with the Review Criteria for Minor Land Divisions as contained in Section 5.4.3 of the Land Use Code. Staff recommendation is approval of the Vista Estates Minor Land Division #99-S1514.

3. GUTIERREZ SUBDIVISION PRELIMINARY PLAT # 97-SU1045: 23-05-68; ON THE NORTH SIDE OF CR. 18 2000 FEET WEST OF CR. 3.

This is a request for Preliminary Plat approval to divide a 61.65-acre parcel into 8 single-family residential lots, ranging in size from 2.44 to 29 acres. Staff findings include: 1. The subdivision preliminary plat meets the minimum requirements of the regulations; 2. No traffic or safety hazards have been identified; 3. The requested Preliminary Plat is consistent with the Larimer County Master Plan; 4. The proposed use and design is consistent with the surrounding area. Planning Commission and staff recommendation is for approval of the Gutierrez Subdivision Preliminary Plat # 97-SU1045 with the following conditions: 1. The Final Plat shall be completed in strict conformance with the conditionally approved Preliminary Plat; 2. The following notes shall be included on the Final Plat or in a disclosure affidavit to be recorded with the Final Plat: a) Rural Area Issues- 1) during certain times of the year mosquitoes may present a significant nuisance. Larimer County does not have a mosquito abatement program. Any mosquito abatement activity will be the responsibility of the homeowner; such activity must be according to applicable Federal, State and local rules and regulations; 2) Prairie dog colonies do exist in the general area; prairie dogs can be a nuisance if they migrate to developed residential property. At times these animals are implicated in the transmission of plague to people or their pets. It is important for residents to observe animal control requirements for dogs and cats; 3) Farming practices on adjacent properties can produce odors, noise and dust at any time of the day or night, seven days a week. These are a normal part of agriculture and should be expected to occur. Larimer County will not take action to stop or hinder legal agricultural uses in this area; 4. If livestock will be kept on these lots, it will be important to carefully manage grazing in order to maintain grass cover in the pasture. Overgrazing will produce bare ground, weeds, erosion and polluted runoff. Lot owners who plan to keep livestock on these lots should contact the Larimer County Cooperative Extension Service for information about pasture management; b) Underground utilities will be required; c) Expansive soils may be present in this area and engineered footing and foundation plans will be required for construction on these lots. Depth to groundwater is not known; rising groundwater levels should be anticipated during the irrigation season. Site specific testing at the building sites on these lots should be conducted to determine soil and groundwater conditions and specific foundation requirements. All sub-grade construction should be accompanied by perimeter drains; d) 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 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; e) The following fees shall be collected at building permit issuance for new single family dwellings: Thompson R2-J school fees and Larimer County fees for County and Regional Transportation Capital Expansion and Larimer County Park Fee (in lieu of dedication). The fee amount that is current at time of building permit application shall apply; f) Bussing of students for the Thompson R2-J School District will be required at all grade levels. A bus stop with lighting on CR. 18 is required; 3. The developer is responsible for all required subdivision improvements. The Final Plat application must include applicable construction plans, erosion and drainage control plans, a development agreement, and collateral; 4. The Final plat shall include the necessary easements and agreements with AT&T; 5. The Final Plat shall indicate a building envelope for Lot 8; 6. The Final Plat and drainage plan must include agreements for and with the Hillsboro and Big Hollow Ditches; 7. The Final Plat must include a landscape plan for the buffer area along CR. 18; 8. The final Plat application must include Road maintenance agreements and agreements with the Intermill HOA for maintenance on Windflower Road.

  1. MACNAUGHTON SUBDIVISION PRELIMINARY PLAT #99-S1478: SW 1/4 01-09-69; APPROXIMATELY 7-MILES NORTHWEST OF WELLINGTON, AT THE INTERSECTION OF COUNTY ROADS 15 & 72.

This is a request for a Preliminary Plat to create 4, 10.0-acre +- lots at a 40-acre site for single family residential uses. Staff findings include 1. The proposed MacNaughton Subdivision is consistent with the Larimer County Comprehensive Plan, the previous Zoning Resolution and the previous Subdivision Resolution, under which this plan was reviewed; 2. The proposal is harmonious with the surrounding neighborhood as required by the Master Plan; 3. The proposal is supported by various review agencies including those noted above. Planning Commission and staff recommend approval of the McNaughton Subdivision with the following conditions; 1. The Final Plat of the MacNaughton Subdivision shall be consistent with the information contained in the file, #99-S1478 or as modified by conditions of approval; 2. The applicant shall comply with the following requirements of the Larimer County Planning Department; a)The applicant shall provide a pasture management plan and add a note to the final plat stating that lot owners must comply with its requirements, b) A note regarding the payment of Capital Expansion Fees, Fees in Lieu of Land Dedication and School Fees shall be placed on the final plat. It shall include language to indicate that the fees in place at the time of building permit shall apply; 3. The applicant shall provide the Larimer County Engineering Department a Final Drainage Plan and Erosion Control Plan in accordance with County requirements; 4. The applicant shall comply with the following requirements of the Larimer County Department of Health and Environment; a) The applicant must provide the Water Supply Information Summary, to be forwarded with the written commitment from the Northern Colorado Water District stating they can serve the proposed lots, to the Office of the State Engineer, b) The applicant should add the rural area plat notes provided by the Planning Division to the Final Plat. The notes should specifically advise owners of the existing feed lot to the north of the site, and inform them that Larimer County will not take action against the feed lot to limit its activities.

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners adopt the staff findings and recommendations and approve the Colona Condominiums Supplement #1 #00-S1542; Vista Estates Minor Land Division #99-S1514; Gutierrez Subdivision Preliminary Plat #97-SU1045 and MacNaughton Subdivision Preliminary Plat #99-S1478

Motion carried 3 - 0.

  1. TIMNATH/CONNELL PIT SPECIAL REVIEW #99-Z1291: SE 1/4 SECTION 3, T6N, R68W; NORTHEAST CORNER OF I-25 AND COUNTY ROAD 36.

This is a request for a Special Review application to allow commercial mining of sand and gravel resources. Staff findings include: 1. The proposed Timnath Connell Pit Special Review is consistent with the Larimer County Comprehensive Plan; 2. The applicant has indicated that the purpose of this request is as follows: a)Seek approval for a sand and gravel mining operation on 157 acres located at the Northeast Corner of I-25 Frontage Road and County Road 36, b) Mine 144 acres of the total 157-acre site, c) Operation of excavation, crushing, washing, sizing, sorting and selling of aggregate at the Timnath Connell Pit location, d) The proposed operation does not include operation of an asphalt batch plant at this location, e) Mining of up to 435,000 tons per year for 10 to 15 year time frame, f) Mining 10 to 20 acres per year at any one time, g) Up to 67 acres of the site will be disturbed at any one time, with up to 36 acres of the 67 acres disturbed for mining purposes, h) Transport of aggregate to the Wellington Downs Pit operation (95-ZR0643) for use in the asphalt batch plant. Planning Commission and staff recommendation is for approval of the Timnath Connell Pit Special Review with the following conditions; 1. Operation of the Timnath Connell Pit shall be for those uses specified in the Staff Findings in this report; 2. The applicant shall comply with the following requirements of the Larimer County Engineering Department; a. No parking, loading or unloading of any vehicles is allowed in the County right-of-way, b. Trucks shall not back onto or use the County Road for a turnaround, c. Larimer County will not issue overweight permits for trucks, and reserves the right to spot check weight on loaded trucks, d. The applicant is responsible for prompt and complete removal of material spilled onto the County roadway, e. The applicant will provide a revised Traffic Impact Analysis as requested and make any road improvements as may be required as a result of this revised study, f. Placement and monitoring of Groundwater Monitoring wells as directed by the Larimer County Engineer; 3. The applicant shall comply with the following requirements of the Larimer County Health and Environment Department; a. Before final approval, the applicant shall provide the County with an air quality impact model, estimating potential particulate matter concentrations and their relation to potential crystalline silica concentrations, for review and approval by the Department of Health and Environment. This report must demonstrate that particulate matter concentrations at downwind properties will not be expected to exceed National Ambient Air Quality Standards for PM-10 concentration, and that silica content of the mined material is within expected ranges, b. Before starting operations on the site, the applicant shall provide the County with proof of obtaining a Colorado Air Emissions Permit for the mining operation, c. Activities associated with this use shall be conducted in accordance with the fugitive dust control plan and Air Emissions Permit, d. Before starting operations on the site, a Colorado Process and Stormwater Discharge Permit for he mining and processing operation shall be submitted, e. Activities associated with this use shall be conducted in accordance with the Stormwater Management Plan and the Colorado Process and Stormwater Discharge Permit, f. The quarry and processing operations shall be conducted in accordance with the submitted noise mitigation plan and the Ordinance Concerning Noise Levels in Unincorporated Larimer County (Ordinance No. 97-3), g. The applicant shall agree to use a licensed firm to provide bottled water and chemical toilets for employee use, h. Before final approval, the applicant shall provide the County with an air quality impact model, estimating potential particulate matter concentrations and their relation to potential crystalline silica concentrations, for review and approval by the Department of Health and Environment. This report must demonstrate that particulate matter concentrations at downwind properties will not be expected to exceed National Ambient Air Quality Standards for PM-10 concentration, and that silica content of the mined material is within expected ranges, i. Before starting operations on the site, a Colorado Air Emissions Permit for the mining operation shall be submitted, j. Activities associated with this use shall be conducted in accordance with the fugitive dust control plan and Air Emissions Permit, k. Before starting operations on the site, a Colorado Process and Stormwater Discharge Permit for he mining and processing operation shall be submitted, l. Activities associated with this use shall be conducted in accordance with the Stormwater Management Plan and the Colorado Process and Stormwater Discharge Permit, m. The quarry and processing operations shall be conducted in accordance with the submitted noise mitigation plan and the Ordinance Concerning Noise Levels in Unincorporated Larimer County (Ordinance No. 97-3), n. The applicant shall use a licensed firm to provide bottled water and chemical toilets for employee use; 4. The applicant shall comply with the following requirements of the Larimer County Planning Division; a. The applicant must comply with the State noxious weed regulations, as recommended by the Larimer County Weed District Manager, b. The applicant shall use the following haul route: From the proposed entrance to the site to the I-25 East Frontage Road then either south to County Road 36, then east or west as indicated by the Traffic Impact Study submitted by the applicant, c. The Total Peak Hour Traffic shall comply with the volumes and directions of travel as indicated by Figure 6 of the Traffic Impact Study as attached to this report, d. The location of an asphalt batch plant shall not be part of this request and may only be permitted by either; Amending this Special Review application or submitting an separate Special Review application. 5. The applicant must comply with the requirements of the Poudre Fire Authority as referenced in this report; 6. The Applicant shall provide additional landscaping as required by the Larimer County Natural Resources Department referenced in this report; 7. The applicant is required by Colorado State Law (35-5.CRS1990) to submit a Weed Management Plan. The applicant must register a contact person with their office, and updated by January 30th of each year; 8. Any changes in the operations from those in the file or in conditions of approval will require review and approval by Larimer County, 9. The applicant will be required to have amended this Special Review application prior to December 31, 2000 to provide additional information relating to Traffic Impacts of the operation beyond that time period. Mr. Keen, area business owner, stated that he operated a pit south of the proposal and was required to improve County Roads 5 and 36 at a cost of approximately $350,000, as well as provide a 20-foot easement on said roads; and asked why this applicant was only being required to contribute $16,000 to Larimer County. Mr. Starr clarified that the application would be reviewed in two years and a new traffic study will be submitted for consideration of additional impacts; but at this time, no additional impacts are anticipated. Much discussion ensued regarding enforcement and clarity of recommendation #9.

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners continue the public hearing for Timnath/ Connell Pit Special Review #99-Z1291 until Monday, March 27, 2000 at 3:00 p.m. to allow staff additional time to re-write recommendation #9 for clarity and to ensure enforceability.

Motion carried 3 - 0.

6. PUEBLA VISTA ESTATES REPLAT TRACT A # 98-SA1216: SE 1/4 OF 36-08-69; - IN THE PUEBLA VISTA ESTATES SUBDIVISION BETWEEN LORRAINE DRIVE AND MARLENE DRIVE.

This is a request to vacate a portion of Tract "A" (a detention pond, drainage and utility easement) to allow the creation of a building envelope. Staff findings include 1. The applicant is requesting approval of the Amended Plat of Tract "A" of the Amended Plat of Lots 9 and 15, First Replat of Puebla Vista Estates to allow the creation of a building site within a portion of the existing tract which is designated as a Detention Pond, Drainage and Utility Easement; 2. The Larimer County Engineer has identified certain improvements, which must be made within Tract "A" relating to the detention pond and drainage easement as a condition of approval of this request. Staff recommendation supports the position of the County Engineer that improvements are to be made to Tract "A" before a building site is created. The Planning Department can only support the request for an Amended Plat of Tract "A" if the improvements identified by the County Engineer are made to Tract "A". The Planning Department recommends that the applicant should pay for the costs of improvements to the detention pond as identified by the County Engineer. Other staff recommendations are: 1. DENY, the request for an Amended Plat of Tract "A" if the applicant does not agree to pay for the costs of the required improvements or if an alternative satisfactory arrangement CANNOT be made regarding payment of the costs of the improvements to Tract "A"; 2. APPROVE, the request for an Amended Plat of Tract "A", if the applicant agrees to pay for the costs of the required improvements or if an alternative satisfactory arrangement CAN be made regarding payment of the costs of the improvements to Tract "A". The recommendation for approval is subject to the following conditions: a. The area currently identified as the proposed Building Envelope shall be identified as Lot 1, Amended Plat of Tract "A" of the Amended Plat of Lots 9 and 15, First Replat of Puebla Vista Estates; b. The remaining portion of the Tract "A" less the newly created Lot 1 is to remain Tract "A";

c. The Dedication Statement shall be amended to read as follows: Known by all these presents: that the undersigned being the owners and proprietors of the following described land, to-wit; Tract "A" of the amended plat of lots 9 and 15, first addition of Puebla Vista Estates situate in the southeast 1/4 of the southeast 1/4 of Section 36, Township 8 north, Range 69 west of the sixth p.m., Larimer County, Colorado containing 57,431 square feet more or less, have caused the same to be subdivided into lot 1 and Tract "A" as shown on this plat to be known as the amended plat of Tract "A" of the amended plat of lots 9 and 15, first replat of Puebla Vista Estates, and do hereby reserve perpetual easements for the installation and maintenance of utilities and drainage facilities as are laid out and designated on this plat; d. Tract "A shall be labeled as a "Detention Easement"; e. Note #1 on the amended plat shall be changed to read as follows: Maintenance of the detention facilities on Tract "A" and the Outlet Drainage Facilities of the pond shall be the responsibility of the owner of Tract "A"; f. Lot 1 shall meet the minimum lot size requirement of the FA zone (21,780-sq. ft.). All conditions of approval to be completed prior to the recording of the Final Plat.

Mr. Starr reiterated that staff does not support the request without the recommended improvements as requested by the Engineering Department and that the Homeowners Association was not willing to participate monetarily and the applicant was only willing to contribute a proportionate fair share. Mr. Jack Blake, representative for the applicant, stated the applicant was willing to make the building envelope part of a platted lot, except that the proposed building envelope was smaller than the zoned minimum lot size as recommended in the staff report. Mr. Burns informed the Board that he had met with the applicant and the homeowners, and that no agreement was reached between the two parties. Mr. Burns stated that the need existed for construction of a drainage outfall system; however payment of such was undetermined. Commissioner Disney asked who would maintain the drainage system if it was built. Mr. Burns stated that the applicant proposes the future owner of the newly created lot adjacent to Tract A is responsible for maintenance and staff did not agree with such a proposal. After much discussion regarding the concept of the request, Mr. Blake stated that he could not commit the applicant in any way and asked that the item be tabled so the applicant could represent himself.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners table Puebla Vista Estates Replat of Tract A #98-SA1216 until Monday, April 24, 2000 at 3:00 p.m. so a solution to the situation could be worked out and the applicant could be present.

Motion carried 3 - 0.

There being no further business, the hearing was adjourned at 3:45 p.m.

TUESDAY, MARCH 21, 2000

ADMINISTRATIVE MATTERS

(#587 @ 10 & 588)

The Board of County Commissioners met in regular session at 9:00 a.m. with County Manager Frank Lancaster; Chair Olson presided and Commissioners Disney and Rennels were present. Also present were Al Kadera, Planner II; Jim Reidhead, Director of the Rural Land Use Center; Deni LaRue, Community Information Officer and Donna Hart, Commissioners Administrative Manager. Recording Clerk: Jean O'Connor.

  1. PUBLIC COMMENT: Mr. Richard Warner, county resident, stated that he had purchased land in the county June 1999 and recently discovered that the property was not a legal building parcel even though back in 1911 the railroad had purchased a right-of-way through the property causing his property to be physically separated from the balance of the original larger parcel. Mr. Kadera stated that Mr. Warner's property was approximately 7 acres in the O-Open Zoning District, which requires a minimum lot size of 10-acres. Mr. Warner could submit an application to the Board of Adjustment for a lot size variance, if granted, he could submit application for subdivision. The other option available under State Statute was for the Board to grant an exception to the subdivision regulation. Mr. Lancaster stated that the Board could not discuss potential land use applications outside an advertised public hearing. The Board suggested that Mr. Warner and staff proceed with an exemption to Senate Bill 35 instead of the subdivision process.

  1. APPROVAL OF THE MINUTES FOR THE WEEK OF MARCH 13, 2000:

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the Minutes for the week of March 13, 2000 as submitted.

Motion carried 3 - 0.

 

 

  1. APPROVAL OF THE SCHEDULE FOR THE WEEK OF MARCH 27, 2000:

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners approve the Schedule for the week of March 27, 2000 as amended.

Motion carried 3 - 0.

  1. APPROVAL OF THE CONSENT AGENDA:

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners approve the following Petitions for Abatement and Documents as listed on the Consent Agenda for Document Review on March 21, 2000:

PETITIONS FOR ABATEMENT, as recommended by the County Assessor, were approved for the following: John & Ashley Mason; Marvin & Virginia Almquist; Leland & Alice Asa; Janet Bonnema; Janet B Bonnema c/o Timothy Goddard; Calvin & Carol Bruxvoort; William, Carmen & Robert Castor; Larry & Judith Drake; Joseph Dumais; Frank & Viola Fisher; Richard & Irene Hornung; Kyong-Hui Kim; Susan & Gary Hutt; Jo Kosinski; Lakeland Company; Little Tokyo; Brandley & Haghighi; Mehzad Lucero; Don & Janet Morgan; Alyce & Lauck Cletus Moore; Mountain Man Nut & Fruit; Charles & Martha Neidt; Gary Nichols; Anthony Paglia; Dale & Freda Pew; Michael & Karen Reeves; Michael Rubin; S-Com Industries; Helen Simms; Gary & Lauren Smith; Gary & Cecilia Standley; Annie M & Jon Surbeck; Annie Surbeck; Clifford Bigil; and Earl & Beverly Wild.

MISCELLANEOUS DOCUMENTS: Policy and Procedure #100.8H, Vista Estates Minor Land Development, Ferguson Subdivision Amended Plat, Lots 11 & 75 of The Retreat, 1st Fining Amended Plat, and Final Plat for Prairie's End Rural Land Plan (aka Anderson Farms).

LIQUOR LICENSES: Licenses were approved for Cordova's Horsetooth Lighthouse-6%- Fort Collins, CO. and Best Western Coach House Resort- 6%- Loveland, CO. Licenses were issued to Glen Haven General Store- 3.2%- Glen Haven, CO., Lovin' Oven- 6%- Loveland, CO., Scorched Tree Bed and Breakfast- 3.2%- Bellvue, CO. and Loveland Country Store- 3.2%- Loveland, CO.

A00-40 AGREEMENT BETWEEN BECKY SALAZAR dba CUT-UPS AND THE BOARD OF COUNTY COMMISSIONERS (Inmate Haircuts)

A00-41 AGREEMENT BETWEEN SWANSON SERVICES CORPORATION AND THE BOARD OF COUNTY COMMISSIONERS (Provision for Inmate Commissary Services)

A00-42 INTERGOVERNMENTAL AGREEMENT BETWEEN LARIMER COUNTY, THE CITY OF LOVELAND AND THE CITY OF FORT COLLINS (Cost Sharing and Management of an Open Space Project)

A00-43 DEVELOPMENT AGREEMENT RELATING TO DEVELOPER'S OBLIGATION IN THE PRARIE'S END RURAL LAND PLAN (Formerly known as Anderson Farm RLP)

A00-44 AGREEMENT BETWEEN THE FOREST SERVICE AND LARIMER COUNTY FOR COOPERATIVE LAW ENFORCEMENT (USFS Agreement for Patrol of Campgrounds)

R00-66g RESOLUTION AUTHORIZING COUNTY PARTICIPATION IN INTERGOVERNMENTAL AGREEMENT CONCERNING CORRIDOR OPEN LANDS PROPERTY

R00-67g RESOLUTION OF THE LARIMER COUNTY BOARD OF COUNTY COMMISSIONERS REGARDING A CIVIL HABEAS CORPUS ACTION FILED AGAINST JAMES A ALDERDEN; SHERIFF OF LARIMER COUNTY

R00-68g RESOLUTION FOR STATUTORY VESTED RIGHTS FOR PRAIRIE'S END RURAL LAND USE PLAN (Formerly known as Anderson Farm RLP)

Motion carried 3 - 0.

  1. REQUEST FOR GRANT APPLICATION FOR DURING AND AFTER DELIVERY (DAD) PROJECT GRANT: Ms. Beverly Bernschein, Administrator Child Support, requested grant submission to the University of Colorado School of Social Work in conjunction with Larimer County Departments of Human Services and Health & Environment; she noted that Human Services would match funds totaling $4,063 which would be needed for the project. The grant will work with 50 fathers whose pregnant partners are enrolled in a maternity program for high risk, low income women to increase the involvement of fathers in the beginning of a child's life in order to ensure continued responsibility and support of those children. Commissioner Disney stated that if grant funds were discontinued, the general fund could not support the project. Ms. Strand informed the Board that the application contained a statement, which stated if the project was successful, it would continue to be funded through TANF.

 

 

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the grant submission and county matching funds totaling $4,063 to come from Human Services.

Motion carried 3 - 0.

  1. REAPPOINTMENT OF VETERAN'S OFFICER: Mr. Glen Rathgeber, Human Services stated that State Statute required appointment of a Veteran's Officer on April 1, 2000 and Ms. Diana Stevens has requested reappointment. Mr. Rathgeber praised the past work of Ms. Stevens and recommended she be reappointed. Ms. Stevens thanked the Board for their continued support of veterans.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the reappointment of Ms. Diana S. Stevens as the Larimer County Veterans Service Officer for April 1, 2000 through March 31, 2002.

Motion carried 3 - 0.

  1. REQUEST FOR ACCOUNTANT POSITIONS IN PUBLIC WORKS AND FACILITIES: Mr. Lancaster reminded the Board that over the past few years, voters had approved additional sales tax to fund several construction projects and open land purchases; he noted that the complex lease/purchase and bond financing for these projects have greatly impacted the financial accounting for Parks and Open Lands, Public Works, Facilities and Road & Bridge. Therefore, Mr. Engemoen, Director of Public Works and Greg Pickett, Director of Parks and Open Lands, with the support of Ms. Carol Block, Director of Finance, are requesting the creation of two accounting positions; one to be located in Public Works to be initially assigned to work on the budget and accounting systems of Parks and Open Lands, and funded through Open Lands sales tax and transportation funds. He explained the second position will be assigned to the Facilities Department to manage construction projects, facility funds and the Fairgrounds and Events Center Funds and will be funded by the facilities project funds, funds for the Fairgrounds and Events Center and a portion from the general fund. Specific percentage splits to be determined. Ms. Block stated that Facilities is currently managing a 68 million-dollar budget and it is essential that the positions be created.

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners approve and authorize the creation of two new accountant positions; one to be located in the Public Works Division and the other in the Facilities Management Department.

Motion carried 3 - 0.

  1. PURCHASING POLICY ADOPTION: Mr. Lancaster informed the Board of two changes to the current county policy: 1. Under "Authority for Purchases", the following statement was added: "County funds shall not be used for purchases of alcoholic beverages." This prohibition has been in the "Travel and Employee Reimbursement Procedure" for many years, and was added here to provide clarity and consistency, 2. Under "Equipment Leasing and/or Lease Purchases", the dollar amount for contracts which require Board approval was raised from $5,000 to $10,000. Mr. Lancaster noted that this makes the amount consistent with changes being made to the Contract Policy.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the adoption of the Purchasing Policy 300.1I.

Motion carried 3 - 0.

  1. ICMA RECOGNITION: Mr. Lancaster stated that he had submitted an application to International City/County Management Association (ICMA), of which he is a member, on behalf of Larimer County; recognition is based on, among other criteria, structure, policy and management of a government entity. Mr. Lancaster was please to inform the Board that in January 2000, the ICMA Executive Board had formally recognized the position of Larimer County Manager as one of Overall Professional Management under the General Management Criteria and presented a certification plaque to the Board.

  1. WORKSESSION: Ms. Doreen Kemp, Human Resource Specialist presented the Board with a Certificate of Appreciation for their support of the Multi-Culture Conference held the previous weekend at Poudre High School.

11. COMMISSIONER REPORTS: Commissioner Rennels stated that she would be traveling to Washington, D.C. in an effort to recuperate PILT dollars which had been reduced by the government.

Chair Olson stated that she had received several calls regarding noise at the Canyon Grill and that Sheriff's Deputies could not do anything about the noise. Mr. Lancaster stated he had spoken with Captain Nelson regarding the County Noise Ordinance and the enforcement of and asked Captain Nelson to contact him if the deputies needed additional training on the ordinance.

Commissioner Disney distributed a sample resolution supporting the North Front Range Feasibility Study and its' objectives and suggested the Board draft a similar resolution for signature showing support. Commissioner Disney also had in hand, a copy of the State Highway Improvement Study which included funding for the I-25/ Mulberry Interchange as well as $226,000 for a Transportation Study in Estes Park. He further stated that a Federal Grant had been approved for $225,000 and asked the Board if they would support expanding the scope of the Transportation Study in Estes Park if the additional federal dollars came to fruition. The Board concurred with both the resolution and the expansion of the study.

12. LEGAL MATTERS: At this time George Hass, County Attorney; Jeannine Haag and Brian Treu, Assistant County Attorneys joined the meeting. Mr. Hass informed the Board that he met with the representatives of Foothills Gateway and they asked for a mill levy to assist with expenses associated with the facility. Mr. Hass stated that the Board could sign a resolution to set an election authorizing a mill levy of 1 and dedicate the money to Foothill Gateway. The Board agreed and suggested Foothill Gateway circulate a petition to gain support and public awareness of the levy and suggested the levy be placed on the November ballot to keep cost to a minimum.

M O T I O N

Commissioner Rennels moved that the Board go into Executive Session at 11:00 a.m. to discuss pending litigation and negotiations.

Motion carried 3 - 0.

The Executive Session ended at 11:30, no action taken.

LIQUOR LICENSE RENEWAL HEARING

DRINK-N-DAWG

(#589)

The Board of County Commissioners reconvened at 1:30 p.m. with Nate Donovan, Assistant County Attorney, for a Renewal Hearing regarding BG's Inc., dba the Drink-N-Dawg, License Number 03-42727-0000. Chair Olson presided and Commissioners Disney and Rennels were present. Recording Clerk, Gael Cookman.

Mr. Donovan noted that Ron Glick, owner of the Drink-N-Dawg has requested a continuance in order to obtain legal counsel for this hearing. Commissioner Disney asked why Mr. Glick has just now determined that he needed legal counsel when he had been notified of this hearing since February 9, 2000. Mr. Glick stated that he received a detailed supplemental notice on March 17, 2000, and it was at that time that he realized he needed legal counsel to represent him. Don Johnson, special prosecutor for Larimer County, stated that he also received the detailed supplemental notice on March 17th and, in his opinion, there were significant changes in the revised notice. Mr. Johnson agreed that a short continuance would be in order.

M O T I O N

Commissioner Disney moved that the Board continue this hearing to a date to be determined, and that public notice will be published prior to the hearing.

Motion carried 3 - 0.

The hearing adjourned at 1:45 p.m.

 

 

 

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CHERYL OLSON, CHAIR LARIMER COUNTY

BOARD OF COUNTY COMMISSIONERS

 

 

 

MYRNA RODENBERGER

LARIMER COUNTY CLERK AND RECORDER

 

(S E A L)

ATTEST:

 

 

____________________________________

Jean M. O'Connor, Deputy County Clerk