Loveland Bike Trail
 

MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

Monday, December 15, 2003

EXECUTIVE SESSION

The Board of County Commissioners met with Jeannine Haag, Assistant County Attorney; Chair Bender presided and Commissioners Gibson and Rennels were present. Also present were Larry Timm and Tom Garton, Planning and Building Services.

MOTION

Commissioner Rennels moved that the Board of County Commissioners go into executive session at 1:45 p.m. and cited 24-6-402(4)(b).

Motion carried 3 - 0.

Executive session ended at 2:00 p.m.; no action was taken.

LAND USE HEARING

(#214 & 215)

The Board of County Commissioners met with Rob Helmick, Senior Planner; Chair Bender presided and Commissioners Gibson and Rennels were present. Also present were Sean Wheeler and Claudia DeLude, Planning Department; Dave Shirk, Estes Park Planning Department; Tom Garton, Chief Building Official; Jeannine Haag, Assistant County Attorney; Doug Ryan, Health Department; Roxann Hayes and Christie Coleman, Engineering Department; and Jean M. O'Connor, Clerk to the Board.

The Board presented Environmental Advisory Board Stewardship Awards to Poudre School District; Josie Plaut, Racinda Godbold, Katrina Korzyniowski, Kim Krenning and Nancy Dreider; MacGregor Ranch; and Mark Easter and the Resource Use Audit Committee. The Board also presented Recognition of Professionalism Awards to William Van Horn, Van Horn Engineering; Bruce, Kurt, Mark and Luke Hagen, Hagen Brothers; Brian Shear, Shear Engineering; Greg Bever, Gary Weeks, Weeks and Associates; and Kay Cody, Contract Drafting & Illustration Services.

Chair Bender stated that item #1, Crystal Landscaping Zoning Violation has been removed from the agenda and that the following items are consent and would not be discussed unless requested by the Board or members of the audience. Mr. Wilson Raines requested item #2 be removed for discussion.

3. EAGLE ROCK RANCHES AMENDED PLAT: THE SITE IS LOCATED AT 2300 HONDIUS WAY, WITHIN UNINCORPORATED LARIMER COUNTY.

This is a request for a minor subdivision to combine two lots of record into a single platted lot. Staff recommendation is approval of the requested Amended Plat of Lots 20 and 21, Eagle Rock Ranches.

MOTION

Commissioner Rennels moved that the Board of County Commissioners removed the Brown-Muggins Gulch Appeal from the consent agenda.

Motion carried 3 - 0.

MOTION

Commissioner Gibson moved that the Board of County Commissioners approve the consent agenda as amended and outlined above.

Motion carried 3 - 0.

2. BROWN-MUGGINS GULCH APPEAL: 11-4-72: ON THE WEST SIDE OF STATE HIGHWAY 36, SOUTHEAST OF ESTES PARK

This is a request for an appeal to the requirement in Section 5.3 of the Land Use Code, which states that development on a site larger then 30 acres, be subdivided as a Conservation Development. Staff recommendation is approval of the appeal to the requirement in Section 5.3 of the Land Use Code that parcels larger then 30 acres be divided as a Conservation Development, and to allow the property identified in this report to be processed as a Subdivision.

Mr. Raines asked why the applicant was requesting to submit application for a Subdivision instead of a Conservation Development? Mr. Wheeler stated the application is for an appeal to the Land Use Code and not consideration of a development. Mr. Wheeler further noted that topography of the parcel prohibits the applicant from developing the property with smaller lots as required with the Conservation Development process and therefore the applicant is requesting an appeal to utilize the Subdivision process.

MOTION

Commissioner Rennels moved that the Board of County Commissioners approve the Brown-Muggins Gulch Appeal as presented and outlined above.

Motion carried 3 - 0.

4. U STUFF IT ZONING VIOLATION: 3021 E. MULBERRY

This is an alleged violation of the Land Use Code Section 4.1.18: Outside storage is not a permitted use in the C-Commercial zoning district. Staff findings are 1. The property is zoned C-Commercial; 2. Outside storage is not a permitted use in the C-Commercial zoning district; 3. Outside storage is only permitted, only by Special Review approval, in the I-Industrial zoning district; 4. The continued use of the property, in violation of the Land Use Code, will affect property values in the area; 5. The continued use of the property, in violation of the Land Use Code, has affected the neighbor's ability to enjoy their own properties. Staff recommendation is to finds that a violation exists and require compliance within 30 days. Compliance would require that all outdoor storage be removed. In addition, legal action is authorized if the deadline is not met.

Ms. DeLude stated that this item came before the Board on September 8, 2003 and the Board found that there was a violation and required compliance within 30-days. The property owner, however due to an error on the hearing notice, was not present at that hearing so staff agreed to bring the violation back before the Board.

Ms. Siva Bushaham, the property owner, stated that the business was built in 1983 and outside storage has existed since then and there has never been any problems. Ms. Bushaham further noted that she takes pride in her business and surrounding parcels are more of an eyesore. Ms. DeLude stated that there are several other violations in the area and if Ms. Bushaham wanted to file a complaint, staff would address them.

Commissioner Rennels explained that it is only the cars stored outside that are the violation, not the entire business.

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

MOTION

Commissioner Rennels moved that the Board of County Commissioners amend the September 8, 2003 motion to allow six-months for compliance, which would require that all outdoor storage be removed; no new vehicles are to be stored at the site; and authorize legal action if the deadline is not met.

Motion carried 3 - 0.

5. ESTES VALLEY BOARD OF ADJUSTMENT BY-LAWS; INTER-GOVERNMENTAL AGREEMENT AMENDMENT: ESTES VALLEY

This is a request to amend the existing inter-governmental agreement between Larimer County and the Town of Estes Park, and to review proposed Board of Adjustment By-laws. Mr. Shirk stated that the inter-governmental agreement between the Town of Estes Park and Larimer County went into effect in February 2000. This agreement established the Estes Valley Board of Adjustment, which has been operating without by-laws since it's inception. The purposes of the by-laws are to provide clarity in terms of how meetings are run, votes are taken and general rules of procedure. The IGA currently provides for membership of five (5) members, three appointed by the Town, and two appointed by the County. Over the course of the last three years, it has become apparent that an alternate member is necessary. The amendment to the IGA is designed to provide for a single alternate member, who would be able to fill in for any absent member. The alternate could reside anywhere within the valley, be it in Town or not. This member would be appointed jointly by the Town and the County.

Mr. Shirk stated that staff is proposing two minor changes to the by-laws Section I.B. regarding work sessions, delete "...or staff..." and in Section III regarding Members; Quorum; and Terms add the language regarding an alternate as "D".

Commissioner Rennels asked if it is necessary for amendments to be review by the Town of Estes, the Board of Commissioners and the Board of Adjustment. Ms. Haag stated that the review process is like a "check and balance" system, which all parties have agreed to.

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

MOTION

Commissioner Gibson moved that the Board of County Commissioners approve the Estes Valley Intergovernmental Agreement amendment as well as the Estes Valley Board of Adjustment by-laws with the following changes: delete the words "or staff" from the first sentence in Section I.B. Also add the following sub-section to Section III as "D":

D. Alternate Member. The Town and County shall jointly agree on and appoint one alternate member for the EVBOA. The alternate member shall serve when any member is not able to attend a meeting of the EVBOA. The alternate member may be a resident of either the Town or the County and may serve in place of either a Town appointed or County appointed regular member of the EVBOA.

Motion carried 3 - 0.

12152003A001 AMENDMENT TO THE INTERGOVERNMENTAL AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE TOWN OF ESTES PARK

There being no further business, the hearing recessed at 4:50 p.m.

LAND USE HEARING

(#216)

The Board of County Commissioners reconvened at 6:30 p.m. with Jim Reidhead, Director of the Rural Land Use Center; Chair Bender presided and Commissioners Gibson and Rennels were present. Also present were Christie Coleman, Engineering Department; Doug Ryan, Health Department; Charlie Gindler, Parks and Open Lands Department; Jeannine Haag, Assistant County Attorney; and Jean M. O'Connor, Clerk to the Board.

Public Comment on the County Land Use Code: Mr. Greg Wild commented that the current Land Use Code should be totally re-written.

  1. HIDDEN VALLEY ESTATES III PRELIMINARY RURAL LAND PLAN: SECTION 5, TOWNSHIP 5 NORTH, RANGE 69 WEST; GENERALLY LOCATED 1 1/2 - 2 MILES WEST OF WILSON AVENUE IN THE CITY OF LOVELAND, ROUGHLY 1 MILE NORTH OF HIGHWAY 34 AND IMMEDIATELY NORTHEAST OF THE PROPOSED HIDDEN VALLEY ESTATES II R.L.U.P

This is a request for preliminary approval to divide 158 +/- acres into nine (9) single-family residential lots situated on about 45 +/- acres with about 113 +/- acres of residual land (private open space) protected from further development in perpetuity by a covenant or a conservation easement. Staff findings are that the proposal is consistent with the policies of Section 5.8-Rural Land Use Process of the Larimer County Land Use Code.

Support for the Hidden Valley Estate III Preliminary Rural Land Plan is based on the following 1. Applicant's planning and design rationale for the project, which is consistent with the RLUP; 2. Conservation values of the residual land, including preservation of open space and wildlife habitat; 3. Careful location of residences; 4. The plan is generally compatible with the existing neighboring land uses.

Support for this proposed plan takes into consideration the various other land development and design options, particularly the 35-acre alternative, for which there is no County review. The greater number of residential units possible under the current annexation into the City of Loveland of the property and the general development pressure within the immediate area for use-by-right 35-acre division of land supports our belief that this is an appropriate project.

The site-based incentives (5 density bonus units) are allowed under the Rural Land Use Process. As proposed, this project will also provide commensurate long-term benefits to citizens of Larimer County. Those benefits are 1. Perpetual protective of residual land; 2. Transportation capital expansion fees received from the project; 3. School and park fees received from the project; 4. Fewer residences than likely allowed through subdivision process; 5. Ability to influence design of project, as compared to use-by-right division of property into 35-acre parcels.

Staff recommendation is approval with the following conditions 1. All roads constructed within the Rural Land Plan shall be in accordance with duly adopted Rural Land Use Process road standards in effect at the time construction is commenced. Design shall be prepared and stamped by a qualified professional engineer licensed in the State of Colorado. Internal roads may be contained in a private access and utility easement. Road names and addressing shall meet standards in Section 5.11 of the Larimer County Land Use Code; 2. Public water shall be provided for this project. A letter of commitment from the City of Loveland must be provided prior to final plat approval. This letter of commitment must specifically state that the water distribution system is (or will be) designed to meet the normal and minimum pressure design standards contained in Section 8.1.2.A.1 of the Land Use Code or more stringent standards as required by the District. If the water system will be designed to provide fire protection, the letter of commitment also must address the pressure and delivery standards outlined in Section 8.1.4 of the Land Use Code. Any extension of a public water system that is owned and operated by the City, into properties within Larimer County, must first have approval by City Council. Moreover, any public water system that will be owned and operated (including any water system, which may have the potential to become owned and operated by the City) shall be in conformance with the City's Water/Wastewater Master Plan and current Development Standards; 3. Lot sizes shall be a minimum of 3 acres since public water will be provided; 4. Building envelopes are required for each lot; 5. All building envelopes shall be located outside the floodplain and drainage areas; 6. In order to protect the soil resource and ensure water quality requirements, Developer shall construct erosion control facilities at the commencement of construction. The construction and establishment of acceptable erosion control facilities shall be assured and installed by Developer. If more than 1 acre will be disturbed, a water quality permit will need to be obtained from the Colorado Department of Public Health and Environment; 7. No cross fencing or structures should be allowed in the rear (east side). Lot areas outside of the building envelope and/or irrigated areas should maintain existing landscaping and new additional or replacement landscaping should be native foothills plants; 8. Automatic fire protection sprinklers will be required for all new residential structures or written permission for variance from this requirement from the fire district; 9. Secondary access shall be provided to this project; 10. An additional fee not to exceed $5000 shall be assessed against each approved residential lot, to be used solely for a professional traffic study and possible improvements at the US 34-Hidden Valley Drive intersection per CDOT requirements; 11. A Use Plan must be reviewed and approved by the RLUC Director prior to final plat approval. The Use Plan shall contain a wildfire hazard mitigation plan, including a periodic maintenance schedule (grazing, prescribed burn and/or mowing plans) to keep grasses to a minimum height, thus reducing the potential wildfire threat. The County Wildfire Safety Specialist and/or qualified rangeland expert/specialist shall approve this plan prior to final project approval; 12. The residual land protective covenant and management plans must be reviewed and approved by the County Attorney and the RLUC Director prior to final plat approval; 13. Restrictive covenants, if any, including provisions for internal road maintenance, must be reviewed and approved by the Rural Land Use Center Director prior to final plat approval; 14. The final development agreement must be reviewed and approved by the County Attorney prior to final plat approval; 15. The following must be listed as a note on the final plat and on a disclosure statement, approved by the County Attorney, available to lot buyers through the public records at the time of purchase a) The construction of any single-family residence in this development will require the installation of residential fire sprinklers unless written permission for variance from this requirement from the fire district is received; b) 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 Building 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; c) Engineered footings and foundations are required for new residential construction; d) Lot owners should be advised that there is a potential for nuisance conflicts from wildlife (such as skunks, mountain lions, bears, raccoons, foxes, coyotes, prairie dogs and snakes). The Colorado Division of Wildlife can provide information to property owners about how to handle these situations, but lot owners are responsible for addressing wildlife conflicts if they arise; e) 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; f) Prairie dog colonies 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; g) Agricultural operations and farming practices on adjacent properties can produce odors, noise and dust. These are a normal part of agriculture and should be expected to occur. In addition, plowing, planting, cultivating, spraying, harvesting, and various livestock operations may be carried out at all times including nighttime; h) 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. Management of these lots should be coordinated with drainage and erosion control issues, siting of sanitation systems, fencing and feeding; i) Larimer County has adopted a Right to Farm Resolution; j) The following fees shall be collected at building permit issuance for new single-family dwellings: Thompson R2-J school fees, Larimer County fees for County and Regional Transportation Capital Expansion, Larimer County Park Fees (in lieu of dedication), and Rural Land Use Process fees. The fee amount that is current at time of building permit application shall apply; k) An additional fee not to exceed $5000 be assessed against each approved residential lot, to be used solely for a professional traffic study and possible improvements at the US 34-Hidden Valley Drive intersection per CDOT requirements; l) Larimer County shall not maintain roads or streets in this development. Maintenance of the streets shall be the responsibility of the property owners. Failure to maintain streets may result in a lien being placed on these lots; m) At time of real estate closing, owner shall provide purchasers of residential lots and residual lands with the Code of the West, a County document which addresses differences between urban and rural living in Larimer County; n) The owners of the residual land parcel shall be responsible for providing an annual monitoring report for the residual land to Larimer County Rural Land Use Center; o) Lots in this Rural Land Plan are subject to the conditions and requirements of a Development Agreement. The Developer and Larimer County executed this agreement in consideration of the approval of this Development. This Agreement was recorded immediately after this plat. All purchasers should obtain and read the Development Agreement.

Mr. Reidhead briefed the Board on the application and noted that the applicants are urged to dedicate a trail easement, but the easement is not a condition of approval. Commissioner Gibson inquired that trail easements would be needed on several other properties and Mr. Reidhead replied in the affirmative.

Commissioner Rennels asked why a strip of land south of lot 1 is proposed and Mr. Barnett, representative for the applicant, stated that the strip has an extreme southern slope.

Chair Bender asked if septics are approved at final plat and Mr. Ryan replied that with the layout and use of public water staff believes septics would be sufficient. However, prior to final plat approval, Mr. Ryan continued, staff will review soil reports for each lot, which could change the layout and design.

Mr. Barnett explained the topography of the site and potential locations for a secondary access. Due to the probability of a public trail across the site, Mr. Barnett noted that covenants would address architectural controls. Commissioner Rennels asked about the trail easement location, if the applicant agrees to such and Mr. Barnett pointed out a few potential locations and noted that cooperation is needed from all property owners.

Mr. Gindler stated that the Parks Department desires the easement for the Devil's Backbone Trail and that negotiations continue and that only one property owner is left.

Mr. Lynn Hammon, representative of an adjacent property owner, asked if water interests for adjacent properties was being addressed and Mr. Reidhead stated that TST had developed a "Mini Water Master Plan" for properties in the Urban Growth Area.

Mr. Greg Wild, adjacent property owner, stated that he had previously negotiated 9 access permits with the attorney from the City of Loveland and asked if approval of this proposal would change that and Mr. Reidhead stated it would not. Mr. Wild further noted that the proposed $5000 fee per residential lot, which is anticipated to be applied to all development in the valley, is very appropriate and stated the County should also participate due to the traffic impacts at the trailhead.

Ms. Kitty Wild asked if the requirement for City of Loveland water would be imposed on other development in the area and Commissioner Rennels stated that the Board could only impose conditions on the proposal before the Board.

At this time the hearing was closed to the public and Chair Bender stated that the trailhead would be generating additional traffic and the Parks Department should consider those impacts.

MOTION

Commissioner Gibson moved that the Board of County Commissioners approve the Hidden Valley Estates III Preliminary Rural Land Plan as proposed and outlined above.

Motion carried 3 - 0.

There being no further business, the hearing adjourned at 7:30 p.m.

TUESDAY, DECEMBER 16, 2003

ADMINISTRATIVE MATTERS

(#217)

The Board of County Commissioners met with Frank Lancaster, County Manager; Chair Bender presided and Commissioners Gibson and Rennels were present. Also present were Linda Coxen, District Attorneys' Office; Kate Tremblay, Risk Management; Ginny Riley, Director of Human Services; Ralph Jacobs, Director of Human Resources; Neil Gluckman, Bob Keister, Donna Hart, and Deni La Rue, Commissioners' Office; George Hass, County Attorney; and Jean M. O'Connor, Clerk to the Board.

  1. PUBLIC COMMENT: None

2. APPROVAL OF THE MINUTES FOR THE WEEK OF DECEMBER 8, 2003:

MOTION

Commissioner Gibson moved that the Board of County Commissioners approve the minutes for the week of December 8, 2003 as presented.

Motion carried 3 - 0.

3. REVIEW OF THE SCHEDULE FOR THE WEEK OF DECEMBER 22, 2003: Ms. Hart reviewed the schedule with the Board.

4. CONSENT AGENDA:

MOTION

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

12152003A001 AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE TOWN OF TIMNATH FOR COLLECTION OF COUNTY SALES AND USE TAX ON BUILDING MATERIALS

12152003A002 AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND IDEA INTEGRATION TO OBTAIN TECHNICAL WRITING SERVICES TO DOCUMENT PENNOCK/PALISADE IMS SERVERS

12152003A003 AMENDED AND RESTATED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR EAGLE'S NEST OPEN SPACE

12152003A004 DEVELOPMENT AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND RON AND COLLETTE KAPPERMAN FOR THE KAPPERMAN SUBDIVISION

12152003A005 AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND HBG FLATIRON (Const. Project #218)

12152003A006 AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY FOR INSTALLATION OF CONCRETE CROSSING SURFACES AT CR2E AND CR 15A

12152003A007 AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE LARIMER HUMANE SOCIETY FOR ANIMAL TREATMENT AND CONTROL

12152003A008 CONTRACT CHANGE LETTER BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND NEIGHBOR TO NEIGHBOR FOR HEALTH AND HUMAN SERVICES COMMUNITY PARTNERSHIPS PROGRAM

12152003A009 CONTRACT CHANGE LETTER BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE CITY OF FORT COLLINS FOR HEALTH AND HUMAN SERVICES COMMUNITY PARTNERSHIPS PROGRAM

12152003A101 CONTRACT CHANGE LETTER BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND LARIMER CENTER FOR MENTAL HEALTH FOR HEALTH AND HUMAN SERVICES COMMUNITY PARTNERSHIPS PROGRAM

12152003R001 RESOLUTION FOR STATUTORY VESTED RIGHTS FOR KAPPERMAN SUBDIVISION

MISCELLANEOUS: Department of Human Services payments for November 2003; Letter of Support for VISTA Americorp Application; The Retreat 4th Filing Lot 25 Amended Plat; Antrobus-Derschon Minor Land Division; and Kapperman Subdivision Final Plat.

LIQUOR LICENSES: The following licenses were both approved and issued Fort Collins Plaza- H & R- Fort Collins, CO; St. Louis Liquors, LLC- Retail- Loveland, CO; and Moose Lodge #275- Club- Fort Collins, CO.

Motion carried 3 - 0.

5. DISCUSSION OF FEEDBACK FOR STATUTORY WORKS ALLOCATION COMMITTEE (WAC): Ms. Riley stated that this committee was statutorily formed to direct the allocation process for federal funds given to Colorado for the Temporary Assistance for Needy Families (TANF) program. A sub-committee was appointed to study the allocation process and determine if there are better allocation options. Ms. Riley noted that the committee came up with four options and is asking county commissioners to "rank" their preferred method from 1 to 4 with 1 being the most preferred. Ms. Riley explained each of the 4 options to the Board. Commissioner Rennels noted that she chaired the subcommittee during the last CCI conference and agrees with the rating recommendation proposed by staff.

MOTION

Commissioner Gibson moved that the Board of County Commissioners approve what Larimer County should have on the survey regarding the Colorado Works Allocation Methodology so that it can be returned to Colorado Counties, Inc. by December 19th.

Motion carried 3 - 0.

6. APPROVAL TO RETAIN REFUNDS OF COUNTY MATCH FROM TANF: Ms. Riley stated that TANF program requires counties to provide matching funds, known as "Maintenance of Effort" in order to draw down federal funds. Occasionally, Ms. Riley continued, the State will refund dollars to counties as an incentive payment. This year the County received a refund of $310,552.29 made payable to the Commissioners. Ms. Riley requested those funds be allowed to be retained by the Human Services Department since the department anticipates significant non-reimbursable costs to implement the new Colorado Benefits Management System.

Commissioner Rennels expressed concern in that The Ranch, Road and Bridge, and IMS recently had their budgets reduced to cover other expenses and stated she preferred the dollars be returned to The Ranch. Commissioner Gibson stated if any dollars were allocated, he prefers the dollars be returned to Road and Bridge, but is in favor of Human Services retaining the funds. Chair Bender concurred. Ms. Riley further noted the dollars would also benefit childcare providers who have not had an increase in two-years.

MOTION

Commissioner Rennels moved that the Board of County Commissioners approve the refund dollars from Maintenance of Effort totaling $310,552.29 be retained by the Department of Human Services.

Motion carried 3 - 0.

7. ALLOW LAPTOP PC's TO BE REPLACED IN 2004: Ms. Coxen stated that the capital replacement fund allows for computer upgrades and requested 8 computers in the District Attorneys' be replaced with laptops instead of desk top computers.

Mr. Keister stated that the request is considered as a "service proposal" but was not submitted as such and that the request requires the allocation of an additional $8,000. Ms. Coxen stated that the request was not submitted as a service proposal because staff did not understand that when the request was granted in 2003, that it was a one-time approval.

Chair Bender stated that consideration should be considered after the first of the year when it is known what funds are available.

MOTION

Commissioner Gibson moved that the Board of County Commissioners approve the District Attorney's request to replace 8 desktop PCs with 8 laptops.

Commissioner Rennels expressed concern with approval prior to knowing what might be available and noted the request should be considered with all other needs.

Motion failed 1 - 2; with Chair Bender and Commissioner Rennels dissenting.

8. POLICY WAIVERS TO IMPLEMENT THE 2004 PAY PLAN: Mr. Jacobs stated that in order to implement the results of the Lee & Burgess study, several waivers of the Larimer County Personnel Policy Manual are necessary and explained each. Commissioner Gibson asked if the waivers could become the "norm" therefore justifying changing the manual. Mr. Jacobs stated that only the waiver regarding merit increases could become the "norm".

MOTION

Commissioner Rennels moved that the Board of County Commissioners approve the following waivers to the Personnel Policy Manual to implement the 2004-pay plan:

1. Provisions 331.5A.II.F, 331.5A.II.G and 331.5A.III.F. The intent of this waiver is that classified and appointed employees who have already received the 5% increase after 6-months of employment, will be limited to a potential merit increase of no greater than 2% in 2004, to be effective January 1, 2004.

2. Provisions of Section 331.5B.II.B.1 and 331.5B.III.B.2 in order to allow the use of salary information from the Lee & Burgess classification and compensation study as the primary resource in determining market based wage and salary increases for appointed and classified employees in the 2004 pay plan.

3. Waive policies to postpone the implementation of market based pay adjustments from January 1, 2004 to April 1, 2004.

4. Waive policies to postpone the implementation of reclassifications recommended as part of the Lee & Burgess study until April 1, 2004.

5. Waive Section 331.5A.II.H.1.b to limit the reclassification pay increases arising from the Lee & Burgess study to no more than 10% unless the employee's wage would fall below the minimum rate of his/her salary range, in which case the employee would be paid the minimum rate of the range.

6. Waive Sections 331.5A.II.B.2 and 331.5.III.B.3 to limit market based pay increase to a maximum of 10%.

Motion carried 3 - 0.

9. WORK SESSION: Mr. Lancaster stated that the reserved parking places are being moved to allow citizens the close-up parking.

Mr. Lancaster also noted that the acoustics in the Commissioners' Conference Room has been improved.

Ms. La Rue updated the Board on the dedication plans for the Courthouse Office Building.

10. COMMISSIONER REPORTS: The Board noted their attendance at events the previous week.

11. LEGAL MATTERS: Mr. Gluckman stated that headway is being made regarding the County accepting credit cards and asked if the cost of doing business could be passed on to the card holder. Mr. Hass stated that the legislation is very clear on this issue and the cost can not be passed along.

Mr. Gluckman inquired about merchant agreements and if the County can sign them and Mr. Hass replied that the County could either join the state agreement or sign them individually.

EXECUTIVE SESSION

MOTION

Commissioner Gibson moved that the Board of County Commissioners go into executive session at 10:40 a.m. and cited 24-6-402(4)(b).

Motion carried 3 - 0.

Executive session ended at 10:50, the following action was taken:

MOTION

Commissioner Rennels moved that the Board of County Commissioners authorize George Hass, County Attorney to represent defendants Alderden, Sullivan, Newhouse and Bartran and pay all damages.

Motion carried 3 - 0.

Mr. Hass noted that the Supreme Court has ruled that the private diary of a county manager is not considered public information.

There being no further business, the meeting adjourned at 10:55 a.m.

PARK FEE INCREASE HEARING

(#218)

The Board of County Commissioners met with Gary Buffington, Director of Parks and Open Lands; Chair Bender presided and Commissioners Gibson and Rennels were present. Also present was Jean M. O'Connor, Clerk to the Board.

Mr. Buffington presented the proposed fee increases for 2004 and noted rate increases for three fees, daily vehicle permit for weekends May - September $7; Annual Vehicle increase of $5; and camping fee with electricity increase of $2 and non-electric increase of $1.

Mr. Buffington also noted that the Parks Department has contracted with DakSoft for site reservations at County campgrounds. Commissioner Gibson stated that his goal is for the Parks Department to operate as a non-profit. Mr. Buffington stated that open space use fees would be considered in 2004.

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

MOTION

Commissioner Gibson moved that the Board of County Commissioners approve the Park fee increases as proposed.

Motion carried 3 - 0.

There being no further business, the hearing adjourned at 7:00 p.m.

WEDNESDAY, DECEMBER 17, 2004

BUDGET ADOPTION HEARING

(#219)

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

Ms. Ann Courtney expressed concern with the proposed 2004 and the extravagant spending when food service inspections, child care and health services are being cut. Ms. Courtney asked why dollars are being allocated for mental illness and taken away from preventative health and dental care

There being no additional public comment, public comment was closed.

Commissioner Rennels stated the new Courthouse Office Building was funded with a citizen approved tax and that no general fund dollars were used. An additional $250,000 has been added to the proposed budget for the Health Department; and the Board approve a refund of TANF dollars to be retained by Human Services.

Mr. Lancaster stated that allocation of funds to mental health is the Health District and not Larimer County.

Mr. Keister stated that this hearing is the formal adoption of the 2004 and to amend the 2003 budget. Mr. Keister requested approval of a resolution to amend the 2003 budget.

MOTION

Commissioner Gibson moved that the Board of County approve a Notice and Resolution to transfer funds and amend the 2003 budget.

Motion carried 3 - 0.

12172003R001 RESOLUTION TO AMEND THE BUDGET AND TRANSFER AND APPROPRIATE MONIES

Mr. Keister requested the Board approve the 2004 budget, set levies for County Government.

MOTION

Commissioner Rennels moved that the Board of County Commissioners approve the 2004 budget and set levies for County Government.

Motion carried 3 - 0.

12172003R002 RESOLUTION TO ADOPT THE 2004 BUDGET AND SET LEVIES: COUNTY GOVERNMENT

Mr. Keister requested the Board approve the 2004 budget, set levies for Other Entities.

MOTION

Commissioner Gibson moved that the Board of County Commissioners approve resolutions to adopt the 2004 and set levies for Other Entities and correct the spelling for Ptarmigan.

Motion carried 3 - 0.

12172003R003 RESOLUTION TO ADOPT 2004 BUDGET AND SET LEVIES FOR THE LARIMER COUNTY PEST DISTRICT

12172003R004 RESOLUTION TO ADOPT 2004 BUDGET AND SET LEVIES FOR LARIMER COUNTY PUBLIC TRUSTEE

12172003R005 RESOLUTION TO ADOPT 2004 BUDGET AND SET LEVIES FOR LARIMER COUNTY GID #1 IMPERIAL ESTATES

12172003R006 RESOLUTION TO ADOPT 2004 BUDGET AND SET LEVIES FOR LARIMER COUNTY GID #2 PINEWOOD SPRINGS

12172003R007 RESOLUTION TO ADOPT 2004 BUDGET AND SET LEVIES FOR LARIMER COUNTY GID #4 CARRIAGE HILLS

12172003R008 RESOLUTION TO ADOPT 2004 BUDGET AND SET LEVIES FOR LARIMER COUNTY GID #8 NAMAQUA HILLS MAINTENANCE

12172003R009 RESOLUTION TO ADOPT 2004 BUDGET AND SET LEVIES FOR LARIMER COUNTY GID #10 HOMESTEAD ESTATES

12172003R010 RESOLUTION TO ADOPT 2004 BUDGET AND SET LEVIES FOR LARIMER COUNTY GID #11 MEADOWDALE HILLS

12172003R011 RESOLUTION TO ADOPT 2004 BUDGET AND SET LEVIES FOR LARIMER COUNTY GID #12 CLUB ESTATES

12172003R012 RESOLUTION TO ADOPT 2004 BUDGET AND SET LEVIES FOR LARIMER COUNTY GID #13A RED FEATHER

12172003R013 RESOLUTION TO ADOPT 2004 BUDGET AND SET LEVIES FOR LARIMER COUNTY GID #14 LITTLE VALLEY ROAD

12172003R014 RESOLUTION TO ADOPT 2004 BUDGET AND SET LEVIES FOR LARIMER COUNTY GID #15 SKYVIEW SOUTH

12172003R015 RESOLUTION TO ADOPT 2004 BUDGET AND SET LEVIES FOR LARIMER COUNTY GID #16 KITCHELL SUBDIVISION

12172003R016 RESOLUTION TO ADOPT 2004 BUDGET AND SET LEVIES FOR LARIMER COUNTY GID #17 COUNTRY MEADOWS

12172003R017 RESOLUTION TO ADOPT 2004 BUDGET AND SET LEVIES FOR LARIMER COUNTY GID #18 VENNER RANCH

12172003R018 RESOLUTION TO ADOPT 2004 BUDGET AND SET LEVIES FOR LARIMER COUNTY GID #19 HIGHLAND HILLS

12172003R019 RESOLUTION TO ADOPT 2004 BUDGET AND SET LEVIES FOR LARIMER COUNTY GID #20 PTARMIGAN

12172003R020 RESOLUTION TO ADOPT 2004 BUDGET AND SET LEVIES FOR LARIMER COUNTY GID #21 SOLAR RIDGE

12172003R021 RESOLUTION TO ADOPT 2004 BUDGET AND SET LEVIES FOR LARIMER COUNTY GID #22 SADDLEBACK

12172003R022 RESOLUTION TO ADOPT 2004 BUDGET AND SET LEVIES FOR LARIMER COUNTY GID #24 WESTRIDGE

12172003R023 RESOLUTION TO ADOPT 2004 BUDGET AND SET LEVIES FOR LARIMER COUNTY GID #1991-1 ARAPAHOE PINES

Mr. Keister requested approval to appropriate sums of money for 2004.

MOTION

Commissioner Rennels moved that the Board of County Commissioners approve a resolution to appropriate sums of money for 2004.

Motion carried 3 - 0.

12172003R024 RESOLUTION TO APPROPRIATE SUMS OF MONEY FOR 2004

Mr. Keister requested approval to designate ending 2004 fund balances.

MOTION

Commissioner Gibson moved that the Board of County Commissioners approve a resolution to designate ending 2004 fund balances.

Motion carried 3 - 0.

12172003R025 RESOLUTION TO DESIGNATE ENDING 2004 FUND BALANCES

Mr. Keister requested the Board approve the certification of levies and revenue.

MOTION

Commissioner Rennels moved that the Board of County Commissioners approve the 2004 Certification of Levies and Revenue.

Motion carried 3 - 0.

12172003R026 2004 CERTIFICATION OF LEVIES AND REVENUE

There being no further business, the hearing adjourned at 2:50 p.m.

_________________________________

THOMAS G. BENDER, CHAIR

BOARD OF COMMISSIONERS

SCOTT DOYLE

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.