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 MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

 

Monday, September 27, 2004

 

LAND USE HEARING

(#114)

 

The Board of County Commissioners met at 3:00 p.m. with Rob Helmick, Senior Planner; Chair Rennels presided and Commissioner Gibson was present.  Also present were:  Matt Lafferty, Planning Department; Traci Downs, Engineering Department;  Claudia DeLude, Zoning Enforcement; Jeannine Haag, Assistant County Attorney; and Gael Cookman and Angela Myers, Deputy County Clerks.

 

Chair Rennels opened the meeting with the Pledge of Allegiance and then asked for public comment on the Land Use Code and County Budget.  There was no public comment on these issues.  Chair Rennels noted that staff requested the first item on the agenda, regarding the Harvey Zoning Violation, be tabled until November 8, 2004.

 

M O T I O N

 

Commissioner Gibson moved that the Board of County Commissioners table the Harvey Zoning Violation, file number 03-ZV0173, to November 8, 2004, at 3:00 p.m.

 

Motion carried 2-0.

 

2.        PANEPINTO APPEAL - 04-G0066:

 

The subject request is an appeal to Section 4.2.1.D (Overlay Zone Districts – General Requirements) of the Larimer County Land Use Code, to be allowed subdivide, by the County Planned Land Division process, a parcel of land that is contiguous to the City limits, which would otherwise require annexation and subdivision the City of Loveland.   

 

In accordance with Section 4.2.1 (Overlay Zone Districts) of the Land Use Code, whenever an individual opts to subdivide a parcel of land that is situated within the boundaries of a Growth Management Area that parcel is contiguous with the incorporated area of the municipality, the County will not accept an application for Planned Land Division.  Rather, the applicant is informed that based upon the County regulations and adopted Intergovernmental Agreements (with certain municipalities); the applicant must work with the City to annex and subdivide the property.  The purpose of these regulations and agreements is to ensure the orderly development of areas within established Growth Management Areas by maintaining consistency with the Municipalities Land Use Plans, which Plans are more effectively administered by the applicable Municipal Departments.

 

Acknowledging the County regulations, the applicant for this request consulted with the City of Loveland Planning Department, which during the consultation it was determined by the City that while annexation is attainable, the applicants objectives for a two residential lots on the 8 acre property would not meet the land use objectives of the City, which would require High Density Residential.  Furthermore, the applicant indicated to the City that they would prefer to have some farm animals on the property, which according to the City is not permitted within the City limits.  Given the intentions of the applicant did not coincide with the City Planning Department, a letter was provided to the applicant by the designated representative of the City Planning Department indicating that while annexation is possible, the City would not require annexation of the property if it were to develop as the applicant is proposing.  Furthermore, the letter indicated that they would not object to an application submittal for a Planned Land Division through the Larimer County Planning Department. 

 

In accordance with Section 4.2.1.D.2.d (Overlay Zone District – General Requirements) the County Commissioners can in lieu of a denial of annexation by the City accept a written determination from a designated representative of the City stating that annexation is not required and why, which letter is attached to this report.  However, the County Commissioners may deny the request should they find a lack of reasoning for the City not pursuing annexation.  Given the nature of the applicants request and the City of Loveland’s letter to not require annexation, the Development Services Team believes that this application should be supported.

 

Based upon the comments regarding timing in the applicants request, the Development Services Team cautions the applicant as the current development review process for a Planned Land Division could take anywhere from 6 – 18 months.  Development Services Team findings include:  1.  That the appeal request to Section 4.2.1.D (Overlay Zone Districts – General Requirements) of the Larimer County Land Use Code meets the intent and procedures for as required by the same regulations.  2.  A Planned Land Division for the property within the appeal request to Section 4.2.1.D (Overlay Zone Districts – General Requirements) of the Larimer County Land Use Code can be developed consistent with the Larimer County Land Use Code requirements and should be compatible with the allowed and approved land uses in the area.   The Development Services Team recommends approval of the Panepinto Appeal (#04-G0066) to Section 4.2.1.D (Overlay Zone District – General Requirements) to allow a Planned Land Division application for the property at 2349 E. Garfield Avenue.

 

Commissioner Gibson asked if the property was being divided into two 5-acre lots.  Mr. Lafferty explained that the application is for two residential lots, but the specific lot sizes have not yet been designated.  Mr. Lafferty noted that there are a number of possibilities and different configurations that could be utilized as long as they were reasonable lot sizes and agreed with the public sewer requirements. 

 

Mr. Lynn Hammond, attorney for the applicant, explained that the driving force behind this application is the fact that the Mrs. Panepinto's mother is elderly and not in good health; therefore, the Panepinto's would like to build a second home on the property which they will move into, and still be close enough to care for their mother.  Mr. Hammond noted that at this point they are not looking into high density uses on the property; they simply want to add a second home.  The applicant, Paul Panepinto, addressed the Board and requested that this process be expedited due to his mother-in-law's health issues.

 

Chair Rennels noted for the record that there was no public comment regarding this issue; she then indicated her support in favor of the application, as did Commissioner Gibson.

 

M O T I O N

 

Commissioner Gibson moved that the Board of County Commissioners approve the Panepinto Appeal to Section 4.2.1.D (Overlay Zone District – General Requirements) to allow a Planned Land Division application for the property at 2349 E. Garfield Avenue, as recommended by the Development Services Team.

 

Motion carried 2 – 0.

 

There being no further business, the hearing adjourned at 3:10 p.m.

 

TUESDAY, SEPTEMBER 28, 2004

 

ADMINISTRATIVE MATTERS

(#114)

 

The Board of County Commissioners met at 9:30 a.m. with Neil Gluckman, Assistant County Manager; Chair Rennels presided and Commissioners Gibson was present.  Also present were Donna Hart, and Deni LaRue Commissioners’ Office; John Gamlin, Pam Stultz, and Wynette Cerceillo, Human Resources; Dave Spencer and Mike Milsapps, Facilities; Ginny Riley, Human Services; George Hass, County Attorney; Claudia DeLude, Zoning Enforcement; Steve Gillette and Ann Lujan, Solid Waste Department; and Gael Cookman and Angela Myers, Deputy County Clerks.

 

1.    PUBLIC COMMENT:  Jeff Holder, co-owner of Club Osirus, gave the Board an update on how the establishment is doing since their re-opening.  Mr. Holder also wanted to inform the Board that he intends to host private parties, such as wedding receptions, and corporate parties, during the evenings they are typically closed for business.  Mr. Holder noted that there is the probability there will be individuals in attendance at these functions that are between 18 and 21 years of age.  Mr. Holder assured the Board that there would be no underage drinking tolerated at these events and explained the measures they would use to accomplish this.  The Board acknowledged the fact that Club Osirus will be hosting private parties with minors in attendance, and thanked Mr. Holder for coming to them and keeping them informed regarding the circumstances surrounding this establishment.

 

2.    APPROVAL OF THE MINUTES FOR THE WEEK OF SEPTEMBER 20, 2004 :

 

MOTION

 

Commissioner Gibson moved that the Board of County Commissioners approve the minutes for the week of September 20, 2004 as presented.

 

Motion carried 2 – 0.

 

3.         REVIEW OF THE SCHEDULE FOR THE WEEK OF OCTOBER 4, 2004Ms. Hart reviewed the schedule with the Board.

 

4.         CONSENT AGENDA:  

 

MOTION

 

Commissioner Gibson moved that the Board of County Commissioners approve the following items as presented on the consent agenda for September 28, 2004:

 

PETITIONS FOR ABATEMENT: As recommended by the County Assessor, the following petitions for abatement are approved:  Kenneth Carlson; JCD Vet Investments; Loveland Black Steer Restaurant, Inc.; Dale Olhausen.

 

09282004A001           FOREST ROAD AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE U.S. DEPARTMENT OF AGRICULTURE , FOREST SERVICE, THE ARAPAHO AND ROOSEVELT NATIONAL FOREST AND THE LARIMER COUNTY ROAD AND BRIDGE DEPARTMENT

 

09282004A002           WARRANTY MEMORANDUM BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND DANIEL L. YOUNG AND CAROLYN YOUNG

 

09282004A003           WARRANTY MEMORANDUM BETWEEN THE BOARD OF COUNTY COMMISSIONERS, THE REDEEMER LUTHERAN CHURCH OF FORT COLLINS, AND THE BIG HORN RIDGE PROPERTY OWNERS ASSOCIATION, INC.

 

09282004A004           AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND MOUNTAIN CONSTRUCTORS, INC.

 

09282004A005           AGREEMENT AMENDMENT NUMBER 1 BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE STATE OF COLORADO FOR THE USE AND BENEFIT OF THE DEPARTMENT OF HEALTH CARE POLICY AND FINANCING, AND THE LARIMER COUNTY DEPARTMENT OF HUMAN SERVICES  

 

0928200A006            AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE STATE OF COLORADO FOR THE USE AND BENEFIT OF THE COLORADO DEPARTMENT OF TRANSPORTATION AND THE LARIMER COUNTY ENGINEERING DEPARTMENT

 

09282004A007           EMERGENCY FUND CONTRACT AGREEMENT FOR FOREST AND WATERSHED FIRE CONTROL AMENDMENT II BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE BOARD OF GOVERNORS OF THE COLORADO STATE UNIVERSITY SYSTEM ON BEHALF OF THE COLORADO STATE FOREST SERVICE

 

09282004R001           RESOLUTION REGARDING RELEASE OF WARRANTY FOR LANDSCAPE IMPROVEMENTS FOR THE HILL CONSERVATION DEVELOPMENT

 

09282004R002           RESOLUTION REGARDING PARTIAL RELEASE OF COLLATERAL FOR BIG HORN RIDGE SUBDIVISION LOTS 1 AND 2

 

LIQUOR LICENSES: The following licenses were both approved and issued:  Ptarmigan County Club - Transfer of Ownership and Temporary Permit - Fort Collins; The Forks Mercantile - Hotel & Restaurant - Livermore; The Forks Mercantile - 3.2% - Livermore; The Canyon Grill - Hotel & Restaurant - Fort Collins; and the Fort Collins Moose Lodge 275 - Club Liquor License - Fort Collins.

 

Motion carried 2 – 0.

 

5.         REQUEST TO IN-SOURCE FACILITIES SERVICES:  Mr. Spencer requested Board approval to reclassify $59,401 from their existing budget to provide 2 Full Time Employees to support cleaning, recycling, and increased demand for a variety of tasks related to meeting room support.  Mr. Spencer noted this service is currently being out-sourced and is not always available.  As a result, some facilities have been damaged or left in an unsuitable manner.  Mr. Spencer stated that this proposal will not increase the 2004 or 2005 facilities budget; it would merely be a shift in how allocated dollars are spent in order to hire, and equip the employees that will fill these positions.

 

M O T I O N

 

Commissioner Gibson moved that the Board of County Commissioners approve the transfer of $59,401.00 of Operating funds to Personnel within the Facilities budget and authorize the addition of 2 full-time employees in the Support Services division.

Motion carried 2 – 0.

 

6.         ON-CALL AFTER HOURS PAY PLAN FOR CHILD PROTECTION CASEWORKERS:  Ms. Riley explained that all Social Caseworkers II are exempt employees and currently receive a set-amount of bonus pay for responding to emergencies after hours and on weekends.  Ms. Riley noted that they are mandated by the State to respond to Child protection emergencies 24 hours a day, seven days a week; she further explained that historically there have been different methods of which their Department compensated employees for being on-call.  However, the Department's child protection units were recently reorganized due to budget cuts, increased caseloads, and new performance requirements from the State, which resulted in the elimination of what they had been utilizing as a separate after-hours unit.   Ms. Riley stated that as part of the reorganization, an employee group was given the task of recommending a cost-neutral system for covering the after hours on-call requirement.  Ms. Riley explained the proposed costs associated with the response levels and how they would rotate the duties.  Finally Ms. Riley noted that there would be no additional compensation for after-hours on-call responders during the weeknights, and that supervisors would not be eligible to receive additional compensation at all. Commissioner Gibson questioned why the employees were being further compensated, since the "exempt" classification usually carries with it the understanding that additional workload is expected in their job and is already incorporated into their salary.  Ms. Riley agreed, but also noted that the salaries are determined by using the market analysis compared to like counties and that it is standard practice for most counties to provide on-call pay for their caseworkers that respond after-hours.  Ms. Cerciello noted that the Human Resources Department supports this request, but will also be looking at the possibility of implementing a countywide on-call policy within the next six months.

 

 M O T I O N

 

Commissioner Gibson moved that the Board of County Commissioners approve the after-hours on-call pay plan for exempt Child Protection Social Caseworkers II.

 

Motion carried 2-0.

 

7.         2005 HEALTH INSURANCE RENEWAL:  Ms. Stultz described the options available to the County for 2005 health insurance renewal; she noted that the renewal proposed provides for a 17% premium increase for the HMO option and a 1.5% increase for the PPO option.  Ms. Stultz stated that there will be no changes to the PPO plan, but that there will be co-payment increases associated with the HMO plan.  Ms. Stultz stated that after conducting a countwide survey, in which approximately 350 employees responded to, the feedback indicated that if an increase was necessary then most would prefer increasing the inpatient hospital co-payment.  Ms. Stultz further noted that changes to the cost of prescription drugs was least preferred by the respondents.  As a result, the co-pay for hospital inpatient use will increase from $300 to $500, the office visit co-pays will increase from $15 to $20, and prescription drug co-pays will cost anywhere from $12 to $50, depending upon whether is a generic, brand name, or non-formulary drug.   In addition, Ms. Stultz continued, PacifiCare offered Larimer County another 1.5% decrease in the cost of the health premiums if Larimer County would contract with PacifiCare for dental plan administration.  As a result the dental benefits will remain the same; however, Delta Dental will no longer administer the County's Dental plan.  Chair Rennels asked if the increase for prescription drugs was based upon the costs of the drugs themselves, since there is not much abuse in the area of prescription drugs.  Ms. Stultz stated that yes, the cost of the drugs are on the rise, but in order to bring down the overall costs of the plan, increasing the co-pay for prescription drugs needed to be included as well. 

 

M O T I O N:

 

Commissioner Gibson moved that the Board of County Commissioners approve the 2005 PacifiCare health insurance renewal with the recommended plan design changes and change in dental administration services to PacifiCare.

 

Motion carried 2-0.

8.  WORKSESSION:  Mr. Gluckman informed the Board that he has been asked to serve on the Colorado State University Alcohol Task Force and that their first meeting would be this Thursday, September 30, 2004. 

 

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

 

10.  LEGAL MATTERS:  Ms. Delude updated the Board on a zoning violation in which the citizen requested a payment plan for landfill fees in order to be able to afford the clean up process; she noted that the total cost in landfill fees to clean up the property in this instance was $163.00 and that the owner is currently paying $25.00 per month.  Ms. Delude explained that the situation worked out well and she has received a second request from another property owner for the ability to do the same type of "payment plan" in order to be able to afford cleaning up his property in the prescribed time frame.  Consensus of the Board was to allow Mr. Ralph Horton to make pro-rated payments up to $300.00 in order to assist in the clean up of his property.  Some discussion ensued regarding this issue with Chair Rennels noting that this could be setting a precedent, and if the County will be agreeing to this as an option for individuals then there should be some rules and financial accounting set in place, because at some point an expense will have to be shown on the County's books in order to track and justify placing a lien on the property if that were to ever become necessary for any owner that did not keep up with their payment plan.

 

M O T I O N

 

Commissioner Gibson moved that the Board of County Commissioners go into Executive Session for Specific Legal Advice as outlined in 24-6-402-(4)(b) C.R.S.

 

Motion carried 2-0.

 

There being no further business, the meeting adjourned at 10:50 a.m.

 

 

 

 

__________________________________

KATHAY RENNELS, CHAIR

BOARD OF COMMISSIONERS

 

           

SCOTT DOYLE

CLERK AND RECORDER

 

 

(S E A L)

 

 

A T T E S T

 

 

 

____________________________________

Gael M. Cookman, Deputy County Clerk

 

 

 

 

 

Background Image: Rocky Mountain National Park by Sue Burke. All rights reserved.