Loveland Bike Trail
 

PROCEEDINGS OF THE BOARD OF COUNTY COMMISSIONERS

TUESDAY, January 2, 2001

ADMINISTRATIVE MATTERS

(#688)

The Board of County Commissioners met with Frank Lancaster, County Manager; Chair Olson presided and Commissioners Disney and Rennels were present. Also present were Neil Gluckman, Assistant County Manager; Ginny Riley, Director of Human Services; Chip Steiner, Fairgrounds and Events Center Project Coordinator; Troy Jones, City of Fort Collins Planning; Randy Jones, Rocky Mountain National Park Supervisor; Jeannine Haag and Brian Treu, Assistant County Attorneys; Donna Hart, Commissioner's Administrative Manager; Deni La Rue, Community Information Officer; Larry Timm, Director of Planning; Carol Evans, Planner II; and Jean O'Connor, Recording Clerk.

1. PUBLIC COMMENT: The Board is available to the public from 9:00 a.m. - 9:30 a.m.

  1. APPROVAL OF THE MINUTES FOR THE WEEKS OF DECEMBER 18 AND 25, 2000:
  2. M O T I O N

    Commissioner Disney moved that the Board of County Commissioners approve the minutes for the weeks of December 18 and 25, 2000 as presented.

    Motion carried 3 - 0.

  3. APPROVAL OF THE SCHEDULE FOR THE WEEK OF JANUARY 8, 2001:

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners approve the schedule for the week of January 8, 2001 as amended.

Motion carried 3 - 0.

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

4. CONSENT AGENDA:

M O T I O N

Commissioner Disney moved that the Board of County Commissioners rescind resolution #R00-289 (approved December 26, 2000) and approve a revised resolution along with the following documents as listed on the consent agenda for January 2, 2001:

A01-01 AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND GEORGE HASS FOR USE AND BENEFIT OF LARIMER COUNTY DEPARTMENT OF HUMAN SERVICES

A01-02 AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND PRO-SERVE INVESTIGATIVE SERVICES dba PRIVATE INVESTIGATIONS

A01-03 AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND COLORADO CHILD SUPPORT SERVICES, INC

A01-04 AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND CLEMENT M. McNANEY AND PRUDENCE McNANEY FOR ROAD IMPROVEMENTS ON COUNTY ROAD 64

A01-05 AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND TERENCE LYNN AND TAANJIA ENKE FOR REPLACEMENT OF COUNTY BRIDGE 5-0.2-64

A01-06 AMENDMENT TO AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND CORRECTIONAL HEALTHCARE MANAGEMENT, INC

A01-07 AMENDMENT TO AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND McKEE MEDICAL CENTER/BANNER HEALTH

A01-08 PROMOTIONAL SUBSCRIBER AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND NEXTEL FOR THE USE AND BENEFIT OF THE SHERIFF'S OFFICE

A01-09 ATTACHEMENT TO THE EMPLOYMENT AND TRAINING PROGRAMS GRANT AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND COLORADO DEPARTMENT OF LABOR AND EMPLOYMENT FOR EXPENDITURE AUTHORIZATION

R01-01 RESOLUTION CANCELING TAXES DETERMINED TO BE UNCOLLECTIBLE

R01-02 RESOLUTION DEGARDING DEPOSIT OF 2001 FUNDS BY COUNTY TREASURER

R01-03 RESOLUTION ESTABLISHING COMPENSATION FOR LARIMER COUNTY APPOINTED OFFICIALS

LIQUOR LICENSES: The following licenses were approved Berthoud Arts and Humanities Alliance Special Event- 6%- Berthoud, CO; Red Feather Carry Out- 6%- Red Feather Lakes, CO. The following licenses were issued Sundance Steakhouse and Saloon- 6%- Fort Collins, CO; St. Louis Liquors, LLC- 6%- Loveland, CO; Windjammer Roadhouse and Grill- 6%- Loveland, CO.

Motion carried 3 - 0.

5. RECOGNITION OF BETH MILLER FOR FOOD DRIVE COORDINATION:

Ms. Miller stated that final totals have not yet been tabulated but that some County departments exceeded last year's totals and Information Management exceeded their total by 700%. The Board recognized Ms. Miller for her annual efforts in the County Food Drive.

  1. RECOMMENDATIONS NOT TO PARTICIPATE IN MANAGED CARE
  2. TEMPORARY ASSISTANCE FOR NEEDY FAMILIES PROGRAM:

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners recess at 9:45 a.m. and convene as the Board of Social Services.

Motion carried 3 - 0.

BOARD OF SOCIAL SERVICES

Ms. Riley requested Board approval to not participate in managed care with the State of Colorado for the current year until such time that outstanding issues have been resolved which would benefit Larimer County.

M O T I O N

Commissioner Disney moved that the Board of Social Services approve the recommendation to not sign a memorandum of understanding with the State of Colorado for managed care.

Motion carried 3 - 0.

Ms. Riley stated that since welfare reform, the Department of Human Services has worked with the Workforce Center which has resulted in the two departments developing a mission, values and agreements under which the program is operated and decisions about programming and resource utilization are made. The advantage of putting current practices in writing, Ms. Riley continued, is that they will provide a clear and consistent message to staff and community agencies about framework and priorities. Ms. Riley requested Board approval of the agreement between the two departments.

M O T I O N

Commissioner Disney moved that the Board of Social Services approve an agreement between the County Department of Human Services and the Workforce Center.

Motion carried 3 - 0.

M O T I O N

Commissioner Rennels moved that the Board of Social Services adjourn at 10:00 a.m. and reconvene as the Board of County Commissioners.

Motion carried 3 - 0.

8. FAIRGROUNDS AND EVENTS CENTER UPDATE:

Mr. Steiner briefed the Board on discussions/events since the last meeting; a possible connection between County Road 5 and State Highway 392; and progress on the site and financial plans. Commissioner Disney asked if the Loveland City Council has been briefed and Mr. Steiner said no. Mr. Lancaster suggested this be an agenda topic for the January 31, 2001 joint meeting. Commissioner Disney suggested a one-page newsletter be made available to keep all parties up to date on progress and it should be on the county web site.

9. REQUEST TO SIGN ANNEXATION PETITIONS WITH THE CITY OF FORT COLLINS AND AN INTERGOVERNMENTAL AGREEMENT FOR IMPROVEMENTS OF SOUTH TAFT HILL ROAD

Mr. Jones requested Board approval of an Intergovernmental Agreement regarding improvements of south Taft Hill Road as well as approval of Annexation Agreements for properties at Coyote Ridge and Fromm Prairie.

M O T I O N

Commissioner Rennels moved that the Board of County Commissioner approve Annexation Agreements and maps for properties specified at Coyote Ridge and Fromm Prairie.

Motion carried 3 - 0.

A01-10 ANNEXATION AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE CITY OF FORT COLLINS

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the Intergovernmental Agreement with the City of Fort Collins for improvements to south Taft Hill Road.

Motion carried 3 - 0.

A01-011 INTERGOVERNMENTAL AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE CITY OF FORT COLLINS

10. DISCUSSION REGARDING THE COUNTY WEB PAGE:

Chair Olson read a proclamation proclaiming Steve Moore the Best Web Administrator in light of Larimer County being voted Best of the Web by Northern Colorado Business Report in December 2000.

M O T I O N

Commissioner Disney moved that the Board of County Commissioner proclaim Steve Moore Best of the Web Administrator.

Motion carried 3 - 0.

11. UPDATE ON TRANSPORTATION ISSUES AT ROCKY MOUNTAIN NATIONAL PARK (RMNP):

Mr. Jones provided an update on transportation issues at RMNP and noted that the Board's support of an entrance fee increase was approved in Washington D.C. as a result of that support. Mr. Jones also thanked the Board for significant efforts and achievements to Estes Park and RMNP during their terms as Commissioners. Mr. Jones also noted Mr. Lancaster's efforts on the Poudre River Project.

  1. WORK SESSION: None
  2. COMMISSIONER REPORTS: None
  3. LEGAL MATTERS:

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners go into Executive Session at 11:00 a.m. for discussion regarding pending litigation.

Motion carried 3 - 0.

Executive Session ended at 12:00 p.m.; no action was taken.

LAND USE MEETING

(689)

The Board of County Commissioners met with Larry Timm, Director of Planning at 3:00 p.m.; Chair Olson presided and Commissioners Disney and Rennels were present. Also present were Carol Evans, Fred Starr, and Al Kadera, Planners II; Brian Treu and Jeannine Haag, Assistant County Attorneys; Rex Burns, Project Engineer, Sylvester Mabry, Civil Engineer; and Jean O'Connor, Recording Clerk.

Chair Olson noted that the following item is consent and will not be discussed unless requested by the Board of members of the audience. Chair Olson reqused herself from action on this item.

  1. STORRS EXEMPTION: NE1/4 18-06-68; SOUTHWEST CORNER OF COUNTY ROAD 11 (TIMBERLINE) AND COUNTY ROAD 32

This is a request to create a 7-acre parcel that is divided from a 75-acre parcel by the existing railroad right of way. Staff recommendation is to approval of the subdivision exemption to create a 7.02 acre parcel at the southwest corner of County Road 11 and County Road 32 with the condition that the subject parcel shall be used only for open space that is owned and administered by a public entity.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the Storrs Exemption as outlined above.

Motion carried 2 - 0.

This item was tabled from December 18, 2000:

2. GRAYBILL PLANNED UNIT DEVELOPMENT - WAIVER: SW 1/4 OF SECTION 24, TOWNSHIP 5 NORTH, RANGE 69 WEST - MORE SPECIFICALLY THE SUBJECT SITE IS LOCATED ON THE SOUTH SIDE OF SE 8TH STREET APPROXIMATELY 1/4 MILE EAST U.S HIGHWAY 287 IN LOVELAND COLORADO.

This is a request for a waiver of Section 5.2.C of the Intergovernmental Agreement for the Loveland Urban Growth Area. Staff recommendation is that the developer shall deposit with the County Engineering Department the sum of $15,000. Developer agrees this amount represents his share of public improvements which are required under the Intergovernmental Agreement with the City of Loveland for the Growth Management Area and which improvements are necessitated by and roughly proportional both in nature and extent to the impacts of his development. The Engineering Department shall use the funds to pay for preparation of designs and plans for improvements to 8th Street between Highway 287 and St. Louis Street. Upon completion of the plans, the County shall undertake to form a local improvement district to construct the improvements specified in the plans. Should the local improvement district ultimately be formed and an assessment imposed upon the properties in the district, Developer's three lots shall each be obligated to pay its respective assessment. Developer's three lots shall, however, each be credited an amount based on its prorata share of the $15,000 expended for the plans. (For example, if there were 15 lots in the district and an assessment is imposed equally on a per lot basis, each lot's share of the cost of the plans would be $1,000. Developer's three lots have already effectively paid $5,000 each so they would each receive a credit of $4,000 toward their assessment). Developer understands and agrees that in no event will he be entitled to a refund of all or any part of the $15,000 should the local improvement district fail to be formed. Mr. Buck Graybill noted for the record that he agrees with the staff recommendation.

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners approve the Graybill PUD Appeal #00-G0016 as outlined above.

Motion carried 3 - 0.

3. WOLF SPECIAL REVIEW SHOW CAUSE HEARING: NW 1/4 1-7-71; APPROXIMATELY 10.5 MILES WEST OF LAPORTE LOCATED ABOUT 2.5 MILES SOUTH OF RIST CANYON ROAD ON FIRE ROUTE 11.

This is a hearing to determine whether the W.O.L.F. Special Review should be revoked for failure to comply with condition of approval #2 (reduction in animals). This hearing has been scheduled at the direction of the Board of County Commissioners. The purpose of the hearing is to allow W.O.L.F. to present evidence or "show cause" why its Special Review approval should not be revoked for failure to meet the condition requiring it to reduce the number of animals to 30 by December 13, 2000. Condition #9 of the Special Review specifically provides "failure to comply with any conditions of the Special Review approval may result in reconsideration of the use and possible revocation of the approval by the Board of Commissioners." Ms. Haag stated that the number of animals at the W.O.L.F. facility is not at issue since the case in District Court has been decided and ruled in favor of the Board of County Commissioners for the reduction of animals to 30. Commissioner Rennels noted that she had received numerous calls and emails regarding this issue and the common concern in conversations was what to do now. Commissioner Rennels stated that perhaps as a result of those conversations, the applicants have proposed an alternative condition #2.

Mr. Frank Wendland, applicant addressed the following questions raised in the staff report for the Board to consider. 1. How many animals are currently on the site? 42 animals currently. 2. Have any of the 42 animals listed on the inventory dated March 29, 2000 died or been removed from the site? If so, have those animals been replaced? One animal died and was replaced with KiKi (already listed in the inventory). 3. What efforts has W.O.L.F. made to reduce the number of animals during the last 12 months? Alternatives are too expensive or morally unacceptable. 4. Is any hardship to W.O.L.F. "self imposed" in light of the fact that W.O.L.F. continued to increase animals after October 1995 when the County notified them that it was operating in violation of the County's zoning regulations? Not appropriate to discuss at this meeting. 5. Are there other acceptable alternatives, which could be agreed to by W.O.L.F. and the County in lieu of complete revocation of the approval or elimination of animals? W.O.L.F. agrees to progress toward a maximum number of animals at the facility of 30 through attrition. As animals die from natural causes they would not be replaced. W.O.L.F. agrees to inspections by the County or its representative to be conducted on a schedule to be determined by the County.

Commissioner Rennels asked how W.O.L.F. keeps track of the animals. Ms. Pat Wendland, applicant, stated that all animals have number tabs, medical records and photographs. Ms. Wendland further noted that W.O.L.F. staff is available for visits whenever requested. Chair Olson asked if the facility is willing to provide reports and Ms. Wendland replied in the affirmative, whenever requested.

Commissioner Disney asked if W.O.L.F. has ever been contacted by others to take animals and Ms. Wendland replied that most requests only want one animal and that is not acceptable due to the nature of the animal. Commissioner Disney asked if the "nature of the animal" would be equally as difficult if one dies and Ms. Wendland replied in the affirmative.

Commissioner Rennels confirmed that W.O.L.F. is agreeing to a photo log of the animals, impromptu visits by staff, and reporting; Ms. Wendland again replied in the affirmative. Commissioner Rennels asked if W.O.L.F. is willing to review annually and Ms. Wendland replied in the affirmative and that she would like to start over and place the lives of the animals 1st and allow attrition to decrease the number of animals.

Ms. Karen Schoondermark Salaz, an adjacent property owner, stated that the W.O.L.F. facility does not have a legal access easement beyond that of a seasonal single-family residence. The facility has increased traffic impacts to this "private road" significantly over the historical use. Ms. Salaz further noted that every other citizen in the county and state must adhere to rules and regulations, why this situation should be any different is not only questionable but the potential precedent also has serious ramifications.

Ms. Audrey Stockton questioned the special treatment given to the applicants and requested consideration be given to precedent setting.

Commissioner Rennels noted that the goal is to have true and accurate cataloguing of all animals on the property; W.O.L.F. can continue to operate and at the end of two-years, W.O.L.F. will submit a report to the County; which reflects the animals on the property and the animals that have died or have been relocated. This report is due to the County annually thereafter; Spot inspections by County staff or their designee; and once the facility attains 30 animals, it will not exceed the number of 30. Commissioner Rennels suggested that if any of the above are not complied with, the special review granted to W.O.L.F. will be revoked immediately.

Commissioner Rennels inquired about the access easement and what would happen if it is determined that the access is not legal and Ms. Haag replied that the Special Review would be null and void.

Chair Olson suggested this item be tabled to January 8, 2001 at 3:00 p.m. to allow the County Attorney to provide final verbiage of this condition.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners table W.O.L.F. Special Review Show Cause Hearing to January 8, 2001 at 3:00 p.m.

Motion carried 3 - 0.

There being no further business, the hearing adjourned at 4:30 p.m.

THURSDAY, JANUARY 4, 2001

The Board of County Commissioners met with Larry Timm, Director of Planning at 2:00 p.m.; Chair Olson presided and Commissioner Rennels was present. Also present were Fred Starr, Planner II; Jeannine Haag, Assistant County Attorney; and Jean O' Connor, Recording Clerk.

Mr. Starr requested Board approval of the Graybill PUD Final Plat and Development Agreement.

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners approve the Graybill PUD Final Plat and Development Agreement.

Motion carried 2 - 0.

A01-12 DEVELOPMENT AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND GRAYBILL PUD

Ms. Haag provided an update and status of the agreement drafted as a result of the W.O.L.F. Show Cause hearing held earlier in the week. Ms. Haag stated that research is in process regarding the best way to tag or uniquely identify each animal.

Much discussion ensued regarding the status of other conditions of approval for W.O.L.F.

Mr. Timm requested Board authorize the County Manager to hire Sherry Albertson Clark as a sole source consultant for the East Mulberry Project as discussed in a work session several months ago.

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners authorize the County Manager to retain Sherry Albertson Clark as a sole source contractor for the East Mulberry Project.

Motion carried 2 - 0.

There being no further business, the meeting was adjourned at 3:00 p.m.

__________________________________

CHERYL OLSON, CHAIR

BOARD OF COUNTY COMMISSIONERS

MYRNA J. RODENBERGER

COUNTY CLERK AND RECORDER

(S E A L)

A T T E S T

____________________________________

Jean M. O'Connor, Clerk to the Board

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