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MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

Monday, December 16, 2002

LAND USE HEARING

(#118)

The Board of County Commissioners met with Rob Helmick, Senior Planner; Chair Gibson presided and Commissioners Bender and Rennels were present. Also present were Dave Shirk and Alison Chilcott, Estes Park Planners; Karin Knauf, Sarah Flick, Matt Lafferty and Sean Wheeler, Planning Department; Doug Ryan, Health Department; Roxann Hayes, Engineering; George Hass, County Attorney, and Jean O'Connor, Recording Clerk.

Chair Gibson stated the following items are consent and would not be discussed unless requested by the Board or members of the audience.

Ms. Chilcott stated that staff is now recommending that conditions 1, 3, 5, 6 & 8 be removed from the Sweet Boundary Line Adjustment. Mr. Helmick stated that the applicant for Rodeo Hills Subdivision Street Name Change has just requested that Rodeo Hill Lane be changed to Cattle Drive subject to approval by LETA and the Wellington Fire Department.

1. OLDHAM BOUNDARY LINE ADJUSTMENT: THE SITE IS LOCATED AT 1591 JACOB ROAD, WITHIN THE UNINCORPORATED ESTES VALLEY

This is an application for a boundary line adjustment to combine two lots into one lot pursuant to 10.1,B.2 of Estes Valley Development Code. Staff recommendation is approval with the following conditions 1. Removing "Minor Subdivision" from the title; 2. Compliance with Larimer County Engineering (Dale Greer) comments dated October 23, 2002; 3. Compliance with Town Attorney White's comments dated October 29, 2002.

2. SWEET BOUNDARY LINE ADJUSTMENT: THE PARCELS ARE LOCATED AT 1390 TYROLERNE LANE AND 2930 LITTLE VALLEY ROAD, WITHIN THE UNINCORPORATED ESTES VALLEY.

This is a request to adjust the boundary line between two parcels, Parcel 1 and Parcel 2 as shown on the plat. Staff recommendation is approval with the following conditions 1. Compliance with Ed Dragon's memo to Alison Chilcott dated October 21, 2002; 2. A note shall be added to the plat stating that approval of this plat does not affect the nonconforming status of the structure located on Parcel 1 with regard to the northern setback.; 3. The original size of Parcel 2 is the size prior to dedication of 0.41 acres of right-of-way in 1977, not the original size prior to recording this plat. This shall be clarified on the plat; 4. Per EVDC 10.5.E.5, the applicant shall dedicate ten foot wide utility easements along all property lines; 5. The applicant shall dedicate a ten foot wide electric utility easement with this plat and remove the reference to the unrecorded ten foot wide electric right-of-way held by the Town of Estes.

3. AMENDED PLAT OF A PORTION OF LOT 12, BLOCK 1, A PORTION OF LOT 41, BLOCK 2 RESTU SUBDIVISION AND A PORTION OF SECTIONS 2 & 3,T5N, R71W: SECTIONS 2 & 3, TOWNSHIP 5, RANGE 71 WEST; LOCATED ON THE NORTH SIDE OF U.S. HIGHWAY 34 IN MIDWAY, APPROXIMATELY 1 MILE SOUGHT OF THE INTERSECTION OF COUNTY ROAD 43

This is a request to amended plat to combine 2 parcels, resolve an encroachment and define the boundary along U.S. Highway 34. Staff recommendation is approval subject to the following conditions and authorization for the chairman to sign the plat when the conditions are met and the plat is presented for signature 1. The applicant shall address and resolve the issues identified in the letter to the Loveland Rural Fire Protection District from Dale Greer, Engineering Department dated November 21, 2002; 2. All conditions shall be met and the Final Plat recorded by June 16, 2003 or this approval shall be null and void.

4. RODEO HILLS SUBDIVISION NEW STREET NAMES: SECTION 36, TOWNSHIP 11N, RANGE 69W. APPROXIMATELY ONE MILE WEST OF RAWHIDE POWER PLANT IN NORTHERN LARIMER COUNTY.

This is a request to name two new streets that will serve a subdivision of 35-acre parcels (lots). Staff recommendation is approval of the proposed street names, Cattle Drive, and Cowpoke Lane, located in Section 36, Township 11N, Range 69W pending final approval by LETA and the Wellington Fire Department.

5. CEDAR PARK 2ND FILING STREET NAME CHANGE REQUEST: 34 & 35-16-71; IN CEDAR PARK SUBDIVISION 2ND FILING, NORTH OF DRAKE AND THE BIG THOMPSON CANYON.

This is a request to re-name two roads in Cedar Park 2nd Filing to eliminate duplicate street names in the area per Sections 5.11.4 and 5.11.5 of the Larimer County Land Use Code. Staff recommendation is approval of the proposed street names, changing Palisade Mountain Drive in Cedar Park 2nd Filing to Snow Top Drive and changing Palisade Court in Cedar Park 2nd Filing to Picacho Place.

6. BROKEN ARROW ROAD STREET NAME CHANGE: 36-05-70: SOUTH OF COUNTY ROAD #18, AND WEST OF THE LON HAGLER RESERVOIR

This is a request to name three sections of unnamed roads in the area west of Lon Hagler Reservoir. Staff recommendation is approval of the proposed street names as Ries Road, Old Stage Road and Broken Arrow Road, located in Section/Township/Range 36-05-69 & 70, south of County Road #18 and west of Loveland.

M O T I O N

Commissioner Bender moved that the Board of County Commissioners approve the consent agenda as presented and amended.

Motion carried 3 - 0.

7. BERNHARDT APPEAL (EXEMPTION): A PORTION OF THE SOUTHEAST 1/4 OF SECTION 18, TOWNSHIP 4 NORTH, RANGE 69 WEST - LOCATED AT THE NORTHEAST CORNER OF COUNTY ROAD 23E AND COUNTY ROAD 20.

This is a request for an appeal to allow use of the Minor Land Division process to change the status of a 20.25 acre parcel of land which is not considered a legal lot to a legal lot, where the Larimer County Land Use Code requires application through the Subdivision process. Staff recommendation is approval with the following condition 1. The applicant must submit for review and approval a Minor Land Division application to ensure compliance with the standards and requirements of the Larimer County Land Use Code.

Mr. Rob Persichitte, representative for the applicant, stated that he is in agreement with staff's condition of approval.

Chair Gibson noted that there is no public present to comment on this item.

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners approve the Bernhardt Appeal as presented by staff.

Motion carried 3 - 0.

The Board recognized the following citizens for volunteering on the Urban Growth Area Review Board: Robert Rudolph, Bob Long, Robert Long, and Chad Dovershpike.

There being no further business, the hearing adjourned at 3:15 p.m.

PUBLIC HEARING FOR PARK FEE ADJUSTMENTS

(#118)

The Board of County Commissioners met with Gary Buffington, Director of Parks and Open Lands; Chair Gibson presided and Commissioners Bender and Gibson were present. Also present was George Hass, County Attorney and Jean O'Connor, Recording Clerk.

Mr. Buffington stated that staff is proposing that park fees remain the same, however staff is recommending that three new annual passes be added. The three annual passes added are 1. Second Vehicle Annual Discount $40; 2. Annual Paddling Permit for non-registered, non-motorized boats $30; and 3. Annual permit for disabled persons $10. Mr. Buffington stated that all other fees will remain the same, but will likely be raised slightly next year.

Chair Gibson stated that there is no public present to comment on this item.

M O T I O N

Commissioner Bender moved that the Board of County Commissioners approve the adjusted park fees as presented and outlined above.

Motion carried 3 - 0.

There being no further business, the hearing adjourned at 6:45 p.m.

TUESDAY, DECEMBER 17, 2002

ADMINISTRATIVE MATTERS

(#122)

The Board of County Commissioners met with Frank Lancaster, County Manager; Chair Gibson presided and Commissioners Bender and Rennels were present. Also present were John Barthalow, Environmental Advisory Board (EAB) Chair; Ralph Jacobs, Human Resources; Melinda Keen, Donna Hart and Deni La Rue, Commissioner's Office; Carol Block, Financing; Candace Phippen, Building Code Enforcement; George Hass, County Attorney; and Jean O'Connor, Clerk to the Board.

  1. PUBLIC COMMENT: None

2. APPROVAL OF THE MINUTES FOR THE WEEK OF NOVEMBER 25, 2002:

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners approve the minutes for the week of November 25, 2002 with noted correction.

Motion carried 3 - 0.

M O T I O N

Commissioner Bender moved that the Board of County Commissioners approve the minutes for the week of December 2, 2002 with noted correction.

Motion carried 3 - 0.

M O T I O N

Commissioner Bender moved that the Board of County Commissioners approve the minutes for the week of December 10, 2002 as presented.

Motion carried 3- 0.

3. REVIEW OF SCHEDULE FOR THE WEEK OF DECEMBER 23 AND 30, 2002: Ms. Hart reviewed the schedules with the Board.

4. CONSENT AGENDA:

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners approve the following documents as presented on the consent agenda:

PETITIONS FOR ABATEMENT: As recommended by the Assessor, the following are approved Everitt Enterprises; Lightfoot; Rhead; Zaina; A and E Enterprises; Dugal; Giesey (2); Gear; Harvey; Herbert; High Country Beverage Corp.; Lawson; and Loya.

12172002A001 AMENDMENT TO CONSOLIDATED AGREEMENT 95120108 BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND UNISYS CORPORATION

12172002A002 AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND PATRICIA KAY BLOCK FOR FIRST RIGHT OF REFUSAL ON BLOCK PROPERTY

12172002A003 AUDITING SERVICES AGREEMENT AND LETTER OF ENGAGEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND GRANT THORNTON LLP

12172002A004 MEMORANDUM BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND RIVER CENTER 30 PARTNERSHIP, LLP REGARDING LEASE AGREEMENT

12172002A005 ADDENDUM TO WASTE TIRE AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND SNOWY RIVER ENTERPRISES (Original approved 7/9/2002)

12172002R001 RESOLUTION APPROVING THE LAW ENFORCEMENT ASSISTANCE FUND (LEAF) CONTRACT #L-33-03 BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND COLORADO DEPARTMENT OF TRANSPORTATION FOR USE AND BENEFIT OF LARIMER COUNTY SHERIFF'S DEPARTMENT

MISCELLANEOUS: Amended Plat of Carriage Hills 5th Filing Lots 72 and 73 Block 12 and Amended Plat of Carriage Hills 3rd Lots 3, 4, and 7 Block 6

LIQUOR LICENSES: The following licenses were issued St. Louis Liquors, LLC- Retail- Loveland, CO; Archer's Poudre River Resort- 3.2%- Bellvue, CO; El Chubasco- H&R- Fort Collins, CO; Fort Collins Country Club- Club- Fort Collins, CO; Hilltop General Store- 3.2%- Red Feather Lakes, CO; and Sundance Steakhouse and Saloon- H&R- Fort Collins, CO.

Motion carried 3 - 0.

5. UPDATE FROM THE ENVIRONMENTAL ADVISORY BOARD (EAB): Mr. Barthalow briefed the Board on the EAB Annual Work Plan and the Recycle Solid Waste Plan and requested direction in prioritization of goals for the EAB. Mr. Engemoen noted his attendance at a conference last week at which a "Recycle Summit" was discussed. Mr. Engemoen stated that a summit of this type would last a minimum of - full day and would be attended by all stakeholders such as haulers, municipalities, EAB members, etc. Much discussion ensued regarding potential topics for a "Recycle Summit"

6. REQUEST TO DELETE PERSONNEL POLICY 625 re: EARLY RETIREMENT MEDICAL INSURANCE: Mr. Jacobs stated that approximately 15-employees responded to the notice of the elimination of this policy and that some were in favor and most opposed the cancellation for various reasons. One reason the elimination of this policy was discussed, Mr. Jacobs continued was due to budgeting and costs. Approximately 7 employees have utilized the program, yet Human Resources must budget annually for all eligible employees. Mr. Jacobs further noted that the early retirement program has not been utilized as originally intended and requested an effective date of February 1, 2003.

M O T I O N

Commissioner Bender moved that the Board of County Commissioners approve the elimination of the Early Retirement Health Insurance Program effective February 1, 2003.

Motion carried 3 - 0.

7. REQUEST TO APPROVE CHANGES TO PERSONNEL POLICY 616 re: EMERGENCY LEAVE: Mr. Jacobs noted that this policy has been amended to reflect a 10-day per calendar year time off for response to or training for emergencies. Also proposed, Mr. Jacobs continued is for an Elected Official or the County Manager to extend the 10-day provision at their discretion.

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners approve the amendment to Personnel Policy 616 re: Emergency Leave as presented and to be effective January 1, 2003.

Motion carried 3 - 0.

8. REQUEST TO ADOPT PERSONNEL POLICY 331.5 TO REPLACE PAY GRADE STEPS WITH PERCENTAGES AND TO REQUIRE DIRECT DEPOSIT OF ALL NEWLY HIRED REGULAR EMPLOYEES: Mr. Jacobs stated that the new payroll system deals in percentages and therefore, staff is requesting that the "grade step" system for pay increases be deleted and the Board adopt a percentage system as proposed. Additionally, Mr. Jacobs requested that all newly hired regular employees be required to have direct deposit.

M O T I O N

Commissioner Bender moved that the Board of County Commissioners approve revisions to section 331.5A to implement the use of percentage increments for classified employee merit pay increases and the elimination of the existing 2.5% merit steps. Changes to be effective with the implementation of the new Oracle payroll system.

Motion carried 3 - 0.

M O T I O N

Commissioner Bender moved that the Board of County Commissioners approve the adoption of the new requirement that all new regular employees accept payment via direct deposit. This change to be effective with the implementation of the new Oracle payroll system.

Motion carried 3 - 0.

9. APPOINTMENTS AND RE-APPOINTMENTS TO BOARDS: Ms. Keen recommended the following citizens be appointed/re-appointed to the following Boards: Agricultural Advisory Board- Appointments Peggy Arevalos- 3-years- December 17, 2002- Expiring June 6, 2006; Gary Callahan; and Bruce Lindahl- 3-years- commencing December 17, 2002- Expiring June 30, 2005. Re-appointments: Minerva Lee and Phil Teeter- 3-years commencing January 2, 2003 and expiring June 30, 2005. Extension Advisory Committee: Appointments- Ralph Bender and Kelly Vaughan- 3-years commencing December 17, 2002 and expiring June 30, 2005. Reappointment: Gene Ulm- 3-years commencing July 1, 2002 and expiring June 30, 2005. Fair Board: Re-appointments: Craig Kern, Loren Maxey, Randal Stephens, and Everett Ban Campen- 3-years commencing December 1, 2002 and expiring November 30, 2005. Appointments: John Miller-3-years commencing December 17, 2002 and expiring November 30, 2005. Jim Wooldridge-2-years commencing December 17, 2002 and expiring November 30, 2004.

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners approve the appointment and re-appointments to Boards as recommended by staff and outlined above.

Motion carried 3 - 0.

10. RESCIND CLOSURE OF TREASURER'S AND CLERK'S OFFICES DECEMBER 31, 2002: Mr. Lancaster noted that after meeting with the auditors, Mr. Woodward and Ms. Rodenberger have concluded that early closure is not necessary and wish to rescind their previous request.

M O T I O N

Commissioner Bender moved that the Board of County Commissioners rescind approval for the Treasurer's and the Clerk and Recorder's offices to close at 1:00 p.m. on December 31, 2002.

Motion carried 3 - 0.

11. APPOINTMENT TO THE ESTES VALLEY PUBLIC LIBRARY DISTRICT: Mr. Lancaster noted that the Estes Park Town Board has unanimously appointed Julie Parker to complete Al Wasson's 4-year term to the Library Board. Ms. Parker's term would officially commence January 1, 2003. Mr. Lancaster recommended that the Board also approve this appointment.

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners approve Ms. Julie Parker to complete Al Wasson's 4-year term commencing January 1, 2003.

Motion carried 3 - 0.

12. WORK SESSION: Mr. Lancaster reminded the Board of a budget hearing this afternoon and asked if there are any outstanding issues/concerns; the Board did not.

Mr. Lancaster stated that FEMA would be holding an emergency response training tailored for Larimer County at their facility in Emmitsburg, MD. 75-attendees from Larimer County will be attending the training to be held March 16 - 21, 2003 and a Commissioner is needed to attend. Consensus of the Board is for Commissioner Bender to attend since he will be Chair at the Time.

Ms. O'Connor apprised the Board that a previously approved "Change of Corporate Structure" for Zippy's Liquor has been withdrawn by the owner due to a lack of funding.

13. COMMISSIONER REPORTS: The Board noted their attendance at events the past week.

14. RESOLUTION REGARDING USE TAX COLLECTION: Ms. Block stated that the collection of the use tax is estimated at the time of building permit application/issuance and stated that staff is recommending a mechanism for the collection of or refund of the actual use tax, based on "actual costs" once the building permit has been finaled. The settlement of the use tax, Ms. Block noted, would be administered by the Finance Department.

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners approve a resolution regarding use tax collection procedures.

Motion carried 3 - 0.

12172002R002 RESOLUTION REGARDING USE TAX COLLECTION

15. LEGAL MATTERS: Ms. Phippen informed the Board that the property owner of 326 Bobcat applied for a building permit to build a "shed" in April of 1999. It has come to the attention of Building Code Enforcement that there are children living in this "shed" for which no permits have been applied for the sewer/septic or electric. Ms. Phippen provided the Board with pictures of the "shed", which appears to actually be a very large home in the mountains. Ms. Phippen requested the Board authorize legal action to enforce the Building Code and Land Use Code to Hodson and Patricia Cunningham or the owners of record for 326 Bobcat Drive.

M O T I O N

Commissioner Bender moved that the Board of County Commissioners authorize the enforcement of the Larimer County Building and Land Use Codes for 326 Bobcat Drive, Drake, CO to current occupants believed to be Hodson and Patricia Cunningham.

Motion carried 3 - 0.

There being no further business, the meeting adjourned at 11:15 a.m.

COUNTY BUDGET HEARING

(#122)

The Board of County Commissioners met with Bob Keister, Budget Manager; Chair Gibson presided and Commissioners Bender and Rennels were present. Also present were Frank Lancaster, County Manager and Jean O'Connor, Recording Clerk.

Mr. Keister briefed the Board on the budget process and previous public hearings for comment, and presented several resolutions for adoption. The first is a resolution to revise the 2002 budget.

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners approve a resolution to amend the 2002 budget.

Motion carried 3 - 0.

12172002R003 RESOLUTION TO AMEND THE BUDGET AND TRANSFER AND APPROPRIATE MONIES FOR LARIMER COUNTY

Mr. Keister stated that the next resolution is to adopt the 2003 County Budget and set levies for County Government

M O T I O N

Commissioner Bender moved that the Board of County Commissioners approve a resolution to adopt the 2003 budget and set levies.

Motion carried 3 - 0.

12172002R004 RESOLUTION TO ADOPT THE 2003 COUNTY BUDGET AND SET LEVIES

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners approve resolutions to adopt the County 2003 budget, Larimer County Pest District and set levies for other entities.

Motion carried 3 - 0.

12172002R005 LARIMER COUNTY PEST DISTRICT RESOLUTION TO ADOPT 2003 BUDGET AND SET LEVIES

12172002R006 PUBLIC TRUSTEE RESOLUTION TO ADOPT 2003 BUDGET AND SET LEVIES

12172002R007 LARIMER COUNTY GID#1 IMPERIAL ESTATES RESOLUTION TO ADOPT 2003 BUDGET AND SET LEVIES

12172002R008 LARIMER COUNTY GID#2 PINEWOOD SPRINGS RESOLUTION TO ADOPT 2003 BUDGET AND SET LEVIES

12172002R009 LARIMER COUNTY GID#4 CARRIAGE HILLS RESOLUTION TO ADOPT 2003 BUDGET AND SET LEVIES

12172002R010 LARIMER COUNTY GID#8 NAMAQUA HILLS RESOLUTION TO ADOPT 2003 BUDGET AND SET LEVIES

12172002R011 LARIMER COUNTY GID#10 HOMESTEAD ESTATES RESOLUTION TO ADOPT 2003 BUDGET AND SET LEVIES

12172002R012 LARIMER COUNTY GID#11 MEADOWDALE HILLS RESOLUTION TO ADOPT 2003 BUDGET AND SET LEVIES

12172002R013 LARIMER COUNTY GID#12 CLUB ESTATES RESOLUTION TO ADOPT 2003 BUDGET AND SET LEVIES

12172002R014 LARIMER COUNTY GID#13A RED FEATHER RESOLUTION TO ADOPT 2003 BUDGET AND SET LEVIES

12172002R015 LARIMER COUNTY GID#14 LITTLE VALLEY ROAD RESOLUTION TO ADOPT 2003 BUDGET AND SET LEVIES

12172002R016 LARIMER COUNTY GID#15 SKYVIEW SOUTH RESOLUTION TO ADOPT 2003 BUDGET AND SET LEVIES

12172002R017 LARIMER COUNTY GID#16 KITCHELL SUBDIVISION RESOLUTION TO ADOPT 2003 BUDGET AND SET LEVIES

12172002R018 LARIMER COUNTY GID#17 COUNTRY MEADOWS RESOLUTION TO ADOPT 2003 BUDGET AND SET LEVIES

12172002R019 LARIMER COUNTY GID#18 VENNER RANCH RESOLUTION TO ADOPT 2003 BUDGET AND SET LEVIES

12172002R020 LARIMER COUNTY PID#19 HIGHLAND HILLS RESOLUTION TO ADOPT 2003 BUDGET AND SET LEVIES

12172002R021 LARIMER COUNTY PID#20 PTARMIGAN RESOLUTION TO ADOPT 2003 BUDGET AND SET LEVIES

12172002R022 LARIMER COUNTY PID#21 SOLAR RIDGE RESOLUTION TO ADOPT 2003 BUDGET AND SET LEVIES

12172002R023 LARIMER COUNTY PID#22 SADDLEBACK RESOLUTION TO ADOPT 2003 BUDGET AND SET LEVIES

12172002R024 LARIMER COUNTY GID#1991-1 ARAPAHOE PINES RESOLUTION TO ADOPT 2003 BUDGET AND SET LEVIES

12172002R025 LARIMER COUNTY RESOLUTION TO DESIGNATE ENDING 2003 FUND BALANCES

12172002R026 LARIMER COUNTY RESOLUTION TO APPROPRIATE SUMS OF MONEY FOR 2003

12172002R027 RESOLUTION CERTIFYING 2003 LEVIES AND REVENUE BY LARIMER COUNTY COMMISSIONERS

Mr. Keister briefed the Board on the next steps in the budget process and Mr. Lancaster briefed the Board regarding the status of the Health Department and budget cuts.

Commissioner Rennels mentioned an email comment regarding the budget, which was received from Mr. Mark Easter.

At this time the hearing was opened to the public and Mr. Frank Henkthron stated that restaurant owners are in favor of keeping restaurant inspections and noted that the average citizen doesn't realize that the Health Department not only inspects kitchens but provides education to establishments all for the benefit and safety of patrons.

There being no further comment, the hearing adjourned at 2:45 p.m.

___________________________________

GLENN W. GIBSON, CHAIR

BOARD OF COMMISSIONERS

MYRNA J. RODENBERGER

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.