PROCEEDINGS OF THE BOARD OF COUNTY COMMISSIONERS
Monday, December 20, 1999
LAND-USE PLANNING MEETING
The Board of County Commissioners met at 3:00 p.m. in regular session with Larry Timm, Director of Planning. Chair Olson presided and Commissioners Disney and Rennels were present. Also present were: Matt Lafferty, Sean Wheeler, and Fred Starr, Planners II; Sylvester Mabry, Civil Engineer; Doug Ryan, Environmental Health Planner; and Jeannine Haag, Assistant County Attorney. Recording Clerk, Sherry Graves.
Chair Olson stated that the applicant for the Larimer Terminals Sub, Lot 1, Block 3 and Lot 2 & 3, Block 2 ROW Vacation has requested this item be tabled until February 22, 2000 to allow time to obtain additional information for staff.
M O T I O N
Commissioner Disney moved that the Board of County Commissioners table the Larimer Terminals Sub, Lot 1, Block 3 & Lot 2 & 3, Block 2 ROW Vacation until 3 p.m. on February 22, 2000, as requested by the applicant.
Motion carried 3 - 0.
Chair Olson noted that the following are consent items and will not be discussed in detail unless requested by the Commissioners or members of the audience. A gentleman in the audience requested that the Vista @ Cottonwood Shores PUD 2nd Filing item be removed from the consent agenda. Several questions were asked about the Elijah MRD regarding plat notes and setbacks, which were answered satisfactorily, and the item was not removed from consent.
- ELIJAH MINOR RESIDENTIAL DEVELOPMENT (#99-S1428):
- KITCHELL SUBDIVISION, LOTS 13 & 14, AMENDED PLAT (#99-S1420):
- VISTA AT COTTONWOOD SHORES 2ND FILING PLANNED UNIT
- KELLY FARMS SUBDIVISION PRELIMINARY PLAT (#99-S1403):
SW 1/4 OF SECTION 20-06-68 - NORTHEAST CORNER OF THE
INTERSECTION OF COUNTY ROADS 11 AND 30; 16.8 ACRES;
2 LOTS; FA-1 FARMING ZONING
This is a request for approval of a minor residential development (MRD) to allow the division of a 16.8-acre into two lots. The existing tract has one single-family residence located on the site. The existing residence will be located on proposed Lot 1 (2.3 acres). Proposed Lot 2 will be 14.5 acres and proposed as a single-family residential building site. Staff findings include: 1) The proposed Elijah MRD complies with the requirements for Minor Residential Developments as contained in the Larimer County Subdivision Resolution. The proposal is consistent with the uses and minimum lot size requirements for the FA-1 Farming Zone District. The proposal is also consistent with the objectives of the Larimer County Master Plan; 2) Approval of the Elijah MRD, with certain conditions, should not result in any significant negative impacts on the natural environment, surrounding properties, the provision of services or transportation.
The staff recommendation is for approval of the Elijah MRD, with the following conditions: 1) The following notes shall be shown on the Final Plat: A) Passive radon mitigation measures shall be included in the construction of any residential structures on these lots. The results of a radon detection test shall be submitted to the Planning Department before issuance of a Certificate of Occupancy. 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 of the date of issuance of a Certificate of Occupancy; B) Rural Issues: Lot owners should be advised that there is a potential for nuisance conflicts with wildlife, such as skunks, raccoons, prairie dogs and snakes. Larimer County is not able to mitigate nuisances if they develop; C) Pasture Management: A pasture management plan may be required for lots within this development if Larimer County determines that overgrazing may cause bare ground, weeds, erosion and polluted run-off from the site; D) Capital Expansion Fees will be collected at time of building permit application; E) An "Access Permit" must be obtained from the Larimer County Engineer before construction of any new access to adjacent county roads; F) A "Building Envelop" shall be identified for Lot 2, at the time of application for a building permit on Lot 2. Location of the proposed building envelope is subject to approval by the Larimer County Health Department; G) All applicable Park, School and Drainage Fees shall be collected at the time of building permit application.
N 1/2, 15-07-68 - LOCATION WITHIN THE KITCHELL SUBDIVISION ON
KITCHELL WAY, AT THE NW CORNER OF COUNTY ROADS 5 AND 44;
4.0 ACRES; FA-1 FARMING ZONING
This is a request for an amended plat of Lots 13 & 14 of the Kitchell Subdivision to reduce and reclassify the 60 foot wide reserve access easement (right-of-way) to a 40-foot wide easement for emergency and utility easements. Staff findings are: 1) The proposed amended plat is in compliance with the Larimer County Master Plan, the Larimer County Zoning Resolution, and the Larimer County Subdivision Resolution; 2) The amended plat is compatible with other development in the surrounding area; 3) Approval of the amended plat will not result in any significant impacts to neighboring properties, the natural environment, or the provision of services and infrastructure; 4) Property values in the surrounding area would not be adversely affected by the amended plat. The staff recommendation is for approval of the amended plat of Lots 13 & 14 of the Kitchell Subdivision to vacate the 60-foot wide reserved right-of-way and replace it with a 40-foot wide emergency access easement.
M O T I O N
Commissioner Disney moved that the Board of County Commissioners adopt the staff findings and staff recommendations and approve the Elijah Minor Residential Development (#99-S1428) and the Kitchell Subdivision, Lots 13 & 14 Amended Plat (#99-S1420); each, with the conditions as outlined.
Motion carried 3 - 0.
UNIT DEVELOPMENT (#99-S1427): NE 08-08-68 ON THE NORTH
SIDE OF COLORADO HIGHWAY 1, NORTHEAST OF THE INTER-
SECTION OF HIGHWAY 1 AND COUNTY ROAD 11; 143.04 ACRES;
14 LOTS; O-OPEN ZONING
This is a request for a Master Plan/Preliminary Phase Plan to divide 143.04 acres into 14 lots for single family residential use, along with open space tracts totaling 69.87 acres; lots range in size from 2.5 to 19.11 acres. Brad Pomeroy, member of a limited liability company which owns a 40% working interest in an oil field adjacent to the subject property, which has been producing oil since 1923, stated that he would like the developer to be cognizant of the pre-existing oil field and they need to have some access, not only for existing facilities, but also to complete the development of their underdeveloped minerals. Mr. Lafferty stated that staff was aware of the oil field and assumed that the applicant had resolved any access issues. Dino DiTullio, representing the applicant, stated that he didn't realize there was a problem and will try and address any concerns they have.
M O T I O N
Commissioner Rennels moved that the Vista at Cottonwood Shores 2nd Filing Planned Unit Development (#99-S1427), be continued until 3 p.m. on January 18, 2000 to allow time for the applicant and Mr. Pomeroy to resolve access and other outstanding issues regarding this proposal.
Motion carried 3 - 0.
SE 1/4 11-7N-68W - NORTHWEST CORNER OF THE INTERSECTION
OF COUNTY ROAD 3 AND STATE HIGHWAY 14, NORTH OF FORT
COLLINS & 2 MILES EAST OF I-25; 58.27 ACRES; 8 LOTS;
FA-1 FARMING ZONING
Mr. Wheeler stated that this request for a Preliminary Plat to divide 58 acres into 8 lots for single family residential use was continued from November 22, 1999; he briefly reviewed the proposal and noted that the remaining concern is with the condition that requires the applicant to pave County Road 3 for the length of the proposal's frontage to the standard recommended by the Engineering Department. Mr. Wheeler stated that the applicant has met with the Engineering Department to discuss this condition and the applicants' offer that he and the County share in those improvements; he noted that the Engineering Department has outlined their position is a memo dated December 6, 1999, in which they state that their position remains unchanged. Mr. Mabry stated that Engineering came to the conclusion not to recommend participation in the improvements for CR 3 for the following reasons: 1) The County has limited resources available for the maintenance and/or improvements to the overall County Road system and they feel they should focus on directing their resources toward county roads that will benefit more of the County; 2) If they participate in these improvements, it opens the door for the County to have to participate in improvements for projects in the future; 3) Liability for the construction - there could be scheduling conflicts, construction responsibilities, warranty periods, etc.
Mr. Heath reviewed his primary request to build the road below the farmstead and then pave that portion of CR 3 to Highway 14; he noted that, in his opinion, the concerns of the Engineers can be resolved and if he is required to design and build this road from ground up, it will be very expensive. Mr. Heath continued that in the interest of fairness and participation, he requested that the Road and Bridge Department grade the road and put down the base, which they do now in maintaining the road; he noted that this will establish the limits of the road and then he will proceed with paving it. Much discussion followed regarding other concerns-i.e., relocating the road in the subdivision creates problems with internal irrigation, and relocating the road will eliminate the lights from one neighbor's yard, but possibly cause them to be in someone else's yard. Mr. Wheeler stated that if the position of the road changes dramatically, they will need to re-advertise for another public hearing because this is the plan that was originally sent to the neighbors for review. Mr. Mabry stated that regardless of where the access is placed, Engineering still is recommending that the entire frontage of the road be paved. Commissioner Disney stated that he doesn't think we should participate in paving the road, because of the precedent it sets. Mr. Wheeler stated that he would be open to the applicant and the neighborhood working out a re-alignment of the road to some configuration that would satisfy everyone, and probably would not represent such a significant change to require another public hearing. Mr. Timm suggested that another alternative might be for the developer and the property owner to work out a landscaping screening arrangement.
The Planning Commission/Staff recommendation is for approval of the Kelly Farms Subdivision Preliminary Phase Plan, with the following conditions: 1) The Final Plat shall be completed in strict conformance with all application materials, except as modified by this action; 2) The following notes shall be included on the Final Plat and incorporated into an disclosure affidavit: A) Passive radon mitigation measures shall be included in construction of residential structures on all lots. The results of a radon detection test conducted in new dwellings once the structure is enclosed, but prior to issuance of a Certificate of Occupancy, shall be submitted to the Planning Department. As an alternative, a builder may present a prepaid receipt from a radon tester, which specifies that a test will be done within 30 days. A permanent Certificate of Occupancy can be issued when the prepaid receipt is submitted; B) Engineered footing and foundation plans shall be required for all construction on these lots; C) Underground utilities shall be required; D) Rural Issues: a) Lot owners should be advised that there is a potential for nuisance conflicts from wildlife such as skunks, raccoons and snakes. Lot owners should be prepared to address wildlife conflicts if they arise; b) 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; 3) The applicant shall satisfy all requirements of referral agencies including those of the County Health and Planning Departments; 4) The applicant shall pay the required fees for Capital Expansion and Fees in Lieu of Land Dedication as adopted by Larimer County Resolution on November 9, 1998; 5) Applicant will provide a cul-de-sac at the north end of Kelly Court; 6) Applicant will pave County Road 3 for the length of the proposals' frontage to the standard recommended by the Engineering Department; 7) The Final Plat will show the access road and location consistent with the preliminary plat, or relocate it along County Road 3, as approved by the Larimer County Engineering Department.
M O T I O N
Commissioner Disney moved that the Board of County Commissioners adopt the staff findings and Planning Commission/Staff recommendation and approve the Kelly Farms Subdivision Preliminary Plat (#99-S1403), with the conditions as revised and outlined above.
Motion carried 3 - 0.
The hearing recessed at 4 p.m.
LAND-USE PLANNING HEARING
REGARDING WESTCHASE PUD
(No Tape - Mechanical Dificulties)
The Board of County Commissioners reconvened at 7:00 p.m. for an advertised public hearing regarding the Westchase PUD application. Chair Olson presided and Commissioners Rennels and Disney were present. Also present were: Matt Lafferty, Planner II; Russ Legg, Chief Planner; Rusty McDaniel, Project Engineer; and Jeannine Haag, Assistant County Attorney. Recording Clerk, Gael Cookman.
- WESTCHASE PUD (98-S1310): PORTIONS OF THE SW 1/4 OF 08-06-68; LOCATED AT THE NORTHEAST CORNER OF THE INTERSECTION OF TIMERBERLINE ROAD AND TRILBY ROAD.
This is a request to create 43 Estate lots (1/2 acre lot size), 332 Single-family residential lots (6.500 - 14,000 square foot lot size), 45 Duplex lots (4,500 - 6,500 square foot lot size), 1 Neighborhood Center lot (7.05 acres) and 14 open space tracts (35.91 acres) on the 160 acre parcel located at the northeast corner of Timberline Road and Trilby Road. The subject site is currently zoned FA-1, and is situated within the Fort Collins UGA and the Fossil Creek Reservoir Area Plan.
Mr. Lafferty explained the proposal noting that there are some issues with connectivity and the design of the Neighborhood Center specifically pertaining to the orientation and size of the church and the overall size of the Center; he explained that according to the Intergovernmental Agreement with the City of Fort Collins, the Neighborhood Center can be no larger than 5 acres, but the proposed design has the Neighborhood Center at 7.05 acres. Mr. Lafferty noted that there is also a question of whether or not a right-of-way to the south of the property is dedicated or reserved; he explained that when the neighbor to the south formed an MRD, the Findings and Resolution for this MRD stated that a 30 foot ROW would be dedicated, but the final plat was recorded with the ROW as a reservation instead of a dedication. For this project to go forward, the ROW will have to be dedicated.
At this time the applicant, Marcus Palkowitsh addressed the Board noting that they have worked very hard with the surrounding neighbors in order to come up with a development that will "fit" in nicely with the existing rural feel of the community; he stated that they have had many neighborhood meetings and they have redrawn the plans to include a church and a fire station as a result of neighbor input. Mr. Palkowitsh explained that since the size of the Neighborhood Center and orientation of the church are not in accordance with the Intergovernmental Agreement and since they are unable to be approved at this time, they will delete them from the proposal and bring them back at a later date. Mr. Palkowitsh also noted that they will pipe irrigation water underground to the farmers below their development.
Linda Ripley addressed the Board and explained that the IGA requires the church to face inward to the neighborhood, but in their opinion, it would be better to have the church face west and outward to the community, noting that it will not only be a church for the neighborhood, but one for the community as well. Ms. Ripley explained that there is currently no variance process to amend the IGA; therefore, staff cannot recommend approval at this time; she strongly recommended that the Board formulate a variance process so that they can apply for and hopefully obtain a variance in the future. Dave Osborn, attorney for the applicant, reiterated that the issuance of the 30 foot ROW to the south of property needs to be resolved and that it is clear the intention of the Board at the time was to have this ROW dedicated, not reserved; he also stressed the importance of having a variance process to allow them, and future applicants, a means of appeal. Bill Brown, also an attorney for the applicant, explained that Mr. Maitland (a neighbor to the south) is claiming water rights in this area that he is not entitled to.
At this time Chair Olson opened the meeting up for public comment. Chuck Burchett, neighbor, explained that he has five cottonwood trees to the north of the property that he had the city forester come and look at; four of the five are in good condition with the fifth one being questionable. Mr. Burchett requested that the applicant move the road in order to preserve these trees. Chair Olson asked Mr. Burchett if the trees were in the right-of-way and Mr. Burchett stated that they are. Mr. Burchett also requested that the road be moved south just a bit so that the headlights from oncoming traffic will not shine directly into his home. Karen Weitkunat addressed the Board noting that she has served on the Fossil Creek Area Plan committee and she agrees that there needs to be a variance process and that this part was overlooked when the IGA was created; she explained that she feels this is a good project and asked that the Board support it. Commissioner Disney asked how long it might take to create an amendment to the IGA, and Ms. Weitkunat stated that in her estimation it would take at least several months to accomplish this. Wayne Leistikow stated his concerns regarding the condition of Trilby Road, the maximum building height that will be allowed, the construction schedule, and fencing and trash maintenance; he also noted that until the issue of the right-of-way is resolved, he cannot support the project. Jim Lefler, adjacent property owner, stated that he thinks this is an extremely well designed project and asked the Board to support it. Michael Ehler, Commercial Real Estate Broker for the church, noted that they have looked for a site for their church for over a year and he asked the Board if they could speculate on whether or not the church would be approved if they could allow for variances in the IGA. Ms. Haag stated that it would be inappropriate for the Board to comment on anything to do with approval or disapproval of the church at this time. Richard Park explained that the orientation of the church is important, and noted that there are only three church designs that are used across the nation and it would be difficult, if not impossible, to change the design of the building.
Mr. Palkowitsh once again addressed the Board noting that the construction schedule will begin with the earthwork and utilities being installed in the first phase; he explained that there will be fencing in certain areas and a trash deposit will be required from each builder in order to have funds available for trash removal. Mr. Palkowitsh noted that Trilby is designated as a collector road not an arterial road, and he is concerned about it connecting with Timberline Road. Regarding the orientation of the church, Mr. Palkowitsh stated that they would shift the entrance from the west to the south if necessary. And finally, regarding building heights, Mr. Palkowitsh noted that they used the City of Fort Collins standard of 40 feet for the maximum building height.
Under discussion, the Board agreed that Mr. Maitland's water storage right was settled by the Water Court and it should not be included in this development proposal.
After discussion the conditions for approval of this proposal were revised as follows: Staff findings: 1. If approved with Staff's recommended conditions the Westchase PUD will comply with the Master Plan, the Fossil Creek Reservoir Area Plan, the Intergovernmental Agreement for Fort Collins. 2. The Larimer County Health, Engineering, Open Lands Department, City of Fort Collins, and other reviewing agencies, have reviewed this proposal and have stated their recommended conditions of approval for this project. 3. The proposal is consistent with the recommendations of the referral departments and agency reviews and comments. 4. If constructed as stated in the applications materials and in compliance with County regulations and conditions of approval, the proposed use should not result in negative impacts on area properties, provision of services, access and traffic, or the natural environment.
Staff recommendation is for approval of the Westchase PUD Master Plan and Preliminary Plan for Phase I (file: #98-S1310) subject to the following conditions: 1. The plat of the subdivision is to be completed in strict conformance to the preliminary plat and application materials submitted as part of application file number 98-S1310. 2. Final Plat approval will be provided by Larimer County after review comments by the City of Fort Collins have been addressed to the satisfaction of Larimer County and the IGA. The final construction plans for all required improvements shall be carefully coordinated with the City of Fort Collins to insure that all technical requirements are addressed. 3. Fencing and signs shall be installed along the northern side of the pedestrian trail where the trail encroaches into the 300 foot setback from the Eagle Tree of Convenience. Said signs shall indicate that no pedestrian activity is allowed beyond the fence, and shall also provide explanation as to why. 4. The final construction documents for the project shall represent a pedestrian pathway as shown on the preliminary plat open areas, to the width required by the IGA, and shall also illustrate enhanced crosswalks to the satisfaction of the City of Fort Collins Planning Department. 5. Final Drainage, traffic and erosion control reports shall be submitted with the final plat. Said reports shall be reviewed by the City of Fort Collins and the Larimer County Engineering Departments. 6. The Final Plat shall not be recorded until the project site has been incorporated into the South Fort Collins Sanitation District. 7. Construction activity within the 1/4 mile Natural Resource Area will be scheduled and coordinated with the County Parks and Open Lands Department so as to limit disturbance of the wildlife during sensitive seasons. The sensitive nesting period of the herons is of particular importance in scheduling construction activity. Construction activity is defined as development improvements such as detention areas as well as housing construction. 8. The applicant shall submit for review, by the Larimer County Parks and Open Lands Department, City of Fort Collins Natural Resource Department, and the Division of Wildlife, a final mitigation plan for encroachment into the Natural Resource Area in the southeast portion of the site. The final plat shall not be recorded until such review and approval is achieved. 9. A proposal for assessment and remediation of the abandoned dump near the northeast corner of the property shall be submitted for review and approval by the County Health Department prior to submittal of the final plat. 10. Remediation of the abandoned dump shall be complete prior to the issuance of building permits for the project. 11. The applicant shall incorporate into the final construction plans all recommendations by the State Geological Survey Department, as outlined by the Geological Survey Department in their letter dated February 2, 1999. Said recommendations shall be reviewed and approved by the Larimer County Engineering Department. 12. Perimeter Drains shall be incorporated into the construction of dwellings. 13. Larimer County Transportation Capital Expansion Fees will be collected at the time of building permit for each new residential structure in this development. Said fee collected shall be the fee in effect at the time of building permit application. 14. Cash In-lieu of School Fees for the Poudre R-1 School District will be collected at the time of building permit for new residential structures in this development. Said fee collected shall be the fee in effect at the time of building permit application. 15. A formal fugitive dust control plan, as may be required by the State, shall be submitted to the Colorado Department of Health and Environment if the development will create more than a 25 acre contiguous disturbance or exceed six months in duration. 16. A Stormwater Management Permit may be required from the Colorado Department of Health and Environment, Water Quality Control Division. Application shall be made by the developer directly to this state agency with a copy included with the final plat application materials or a letter from the State indicating that the Permit is not required. 17. Fire hydrants are required with a maximum spacing of 600 feet with required flows of 1000 gallons per minute and residual pressure of 20 p.s.i. No dwelling may be located more than 800 feet from a fire hydrant. 18. Address numerals shall be visible from the street fronting the property through the use of 6-inch numerals on a contrasting background. This requirement shall be specified in the covenants for the project and enforced by the Home Owners' Association. Utility plans shall be submitted to the appropriate utility districts for review and approval. An engineer registered in the State of Colorado shall prepare these plans. 20. Utility easements as requested by Public Service Company shall be illustrated on the final plat. 21. Fees in Lieu of Park Land Dedication fees will be required for each new dwelling at the time it is built. Since this property is within the Growth Management Area, the UGA park fee will be charged. The fee in effect at the time a building permit is applied for will be charged. 22. Individually calculated Drainage Basin fees will be collected for each lot at the time a building permit is issued. 23. Before the final plat is recorded, the Developer shall sign a binding Annexation Agreement guaranteeing future annexation of the property into Fort Collins. 24. Passive radon mitigation measures shall be included in construction of residential structures on these lots. The results of a radon detection test conducted in new dwellings once the structure is enclosed, but prior to issuance of a certificate of occupancy, shall be submitted to the Planning Department. As an alternative, a builder may present a prepaid receipt from a radon tester, which specifies that a test will be done within 30 days. A permanent certificate of occupancy can be issued when the prepaid receipt is submitted. 25. Engineered footings and foundations are required for new residential construction. 26. All utilities must be installed underground. 27. The applicant shall acquire adequate right-of-way along the southern boundary of the project site to accommodate the proposed Trilby Road alignment. 28. The applicant shall seek alternative compliance for those lots along the western boundary of the project site if the final alignment of Timberline Road creates a situation whereby the lots no longer comply with the IGA. 29. The existing trees along Timberline Road shall be analyzed by the applicant and the Larimer County Natural Resources Department before final alignment of Timberline Road is determined. 30. Phase II as denoted on the revised December 20, 1999 Plat of Westchase PUD is approved as a Master Plan for land uses as defined in appendix I of the Intergovernmental Agreement with the City of Fort Collins. The Preliminary Plat of Phase II shall be submitted to the Larimer County Planning Department for public review and consideration. Construction shall not occur on the site until such time as a plan has been approved. 31. The following notes shall be on the Final Plat: a. Mosquitoes may be a nuisance on this property. Larimer County is not responsible for mosquito abatement and any land owner initiated abatement activities must meet all Federal, State and Local rules and regulations. b. Prairie dog colonies exist in the area of this property and may migrate to this property. Prairie dogs have been known to carry plague. Larimer County does not perform prairie dog control. c. There are existing agricultural activities in this area that may produce dust, odors, and noise. Larimer County will not take any action to stop or hinder legal agricultural uses of nearby properties. d. There is the potential for wildlife interaction or property damage in this area. Property owners should take appropriate measures to protect property. Neither Larimer County nor the State Division of Wildlife is responsible for damage or control of wildlife.
M O T I O N
Commissioner Disney moved that the Board of County Commissioners approve the Westchase PUD Master Plan and Preliminary Plan for Phase I (#98-S1310) as outlined in the Staff findings and conditions above.
Motion carried 3-0.
Meeting adjourned at 9:00 p.m.
TUESDAY, DECEMBER 21, 1999
(#562 @ 100)
The Board of County Commissioners met at 9:00 a.m. in regular session with Frank Lancaster, County Manager. Chair Pro-Tem Disney presided and Commissioner Rennels was present. Also present were: Lt. Darrell Frank, Sheriff's Office Budget Manager; Kim Nohava, Fleet Manager; Marie Kincer, Director Business Office Health Department; Mark Peterson, County Engineer; Ralph Jacobs, Director Human Resources; Neil Gluckman, Assistant County Manager; Donna Hart, Commissioners' Administrative Manager; and Deni LaRue, Community Information Manager. Recording Clerk, Sherry Graves.
1. OPEN SESSION FOR PUBLIC COMMENT: Harvey Mabis, from Eddie's Towing, addressed the Board concerning the Sheriff's Department requirements for towing for departmental and seized vehicles. Mr. Mabis stated that lately there has been non-adherence to the contract which he has had with the Sheriff's Department since 1997 to tow their vehicles; he noted that the contract has been perpetrated by the Larimer County Fleet Department and other towing companies and this is supposed to be his domain exclusively because of the contract. Mr. Frank responded that he has been involved with the towing process for about 5 years; he noted that when it began, the main reason for bidding tow services was to have safe secure storage for crime-scene vehicles. Mr. Frank informed the Board that the current purchase order with Eddie's Towing expires December 31,1999; he noted that about 30 days ago, they were able to obtain secure indoor storage at the Emergency Services Operation at 1303 No. Shields and they have elected not to bid tow services next year, mainly because they will have inside storage in their new facility. Mr. Frank concurred that Mr. Mabis is correct that a breach of contract occurred on a few occasions and there is no explanation for that; he noted that he would like to use the Fleet Department for towing in the future. Mr. Mabis stated that he would like to know the total cost paid to each towing company this year; he feels that favoritism has been shown. Much discussion followed regarding towing costs; Mr. Lancaster suggested that the parties involved need to sit down with Kathryn Rowe, Purchasing Manager, and review those costs and put together an eligibility list for towing for next year, which should be on a rotation basis. Mr. Frank stated that he cannot guarantee that the rotation schedule will be followed exactly because he has 350 employees under him and cannot guarantee that they will follow the schedule exactly. Mr. Lancaster stated that, according to County policy, if someone calls a vendor that is not approved, the cost for towing comes out of their own pocket; t was suggested that the towing list could be with the insurance packet, which is in every car. Mr. Mabis stated that he is also a mechanic and sometimes can fix the vehicle, which then doesn't have to be towed; he suggested that the County continue with the bid process and make sure the person being called for towing service is a mechanic. Mr. Lancaster stated that they will talk to Ms. Rowe and make a decision before the end of the first quarter of next year.
- APPROVAL OF MINUTES FOR WEEK OF DECEMBER 13, 1999:
- APPROVAL OF SCHEDULE FOR WEEK OF DECEMBER 27, 1999:
M O T I O N
Commissioner Rennels moved that the Board of County Commissioners approve the Minutes for the week of December 13, 1999, as submitted.
Motion carried 2 - 0.
M O T I O N
Commissioner Rennels moved that the Board of County Commissioners approve the Schedule for the week of December 27, 1999, as submitted and revised.
Motion carried 2 - 0.
- Invitations: Ms. Hart reviewed the pending invitations with the Board.
4. APPROVAL OF CONSENT AGENDA:
M O T I O N
Commissioner Rennels moved that the Board of County Commissioners approve the following action items and documents as listed on the Consent Agenda for Document Review for December 21, 1999:
ACTION ITEMS: Appointments of the following to the Community Corrections Advisory Board, to fill unexpired terms ending June 30, 2001: M. Janet Laughon, Public Defender, and Cliff Riedel, District Attorney's Office. Waiver of County Policy to pay Suzanne Schmidt, Josephine Cobb, Judy Dillon, and Linda Karl in the Senior Nutrition Program for the hours earned for the December 31, 1999 holiday.
MISCELLANEOUS DOCUMENTS: Approval of Amended Plat for Imperial Estates Subdivision and Amended Plat for Glacier View Meadows, Lots 96 & 97.
LIQUOR LICENSES: County approval for renewal of liquor licenses was granted to the Sundance Fort Collins, LLC, with CHANGE OF CORPORATE STRUCTURE, - 6% - Fort Collins, CO., and the Fort Collins Plaza Inn - 6% - Fort Collins, CO. Licenses were issued to the Spanish Manor - 6% - Fort Collins, CO. and St. Louis Liquors - 6% - Loveland, CO.
A99-205 INTERGOVERNMENTAL AGREEMENT CONCERNING HOME
REHABILITATION AND WEATHERIZATION COST-SHARING
BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND
BOULDER COUNTY (Provides Weatherization Services for Larimer
A99-206 COMMUNICATIONS AGREEMENT BETWEEN THE BOARD OF
COUNTY COMMISSIONERS AND PLATTE RIVER POWER
AUTHORITY (10 years of Fiber Bandwidth for Communications)
A99-207 DETOXIFICATION SERVICES AGREEMENT BETEEN THE BOARD
OF COUNTY COMMISSIONERS AND ISLAND GROVE REGIONAL
TREATMENT CENTER, INC. (Annual Service/Funding)
A99-208 LETTER OF INTENT AND PRECONSTRUCTION SERVICES
AGREEMENT FOR LOVELAND POLICE & COURTS COMPLEX
D99-21 DEED OF CONSERVATION EASEMENT BETWEEN THE BOARD
OF COUNTY COMMISSIONERS AND JAMES R. AND EILEEN S.
HUNTER (Preserve and Protect Conservation Values of the Property)
D99-22 DEED OF DEDICATION OF PROPERTY AS PUBLIC HIGHWAY
BY ORVILLE C. AND SHIRLEY M. HAWKINS)
R99-198g RESOLUTION APPROVING COMPENSATION REQUEST FROM
THE LARIMER COUNTY SHERIFF
Motion carried 2 - 0.
5. REQUEST FOR POLICY WAIVER FOR HEALTH DEPARTMENT: Ms. Kincher requested Board approval to waive the provisions of Section 617 of the Larimer County Personnel Manual which require that leave without pay be granted only after all appropriate earned leave is exhausted; this approval would be effective with the month of December 1999 for employee Melanie Allison, and will allow grant obligations to be met and allow her to maintain some leave time. Mr. Jacobs stated that he supports this request as long as the employee is agreeable, which she is.
M O T I O N
Commissioner Rennels moved that the Board of County Commissioners approve a waiver of the provisions of Section 617 of the Larimer County Personnel Manual requiring that leave without pay be granted only after all appropriate earned leave is exhausted, for Melanie Allison, to be effective the month of December 1999.
Motion carried 2 - 0.
6. REQUEST FOR WAIVER OF PERSONNEL POLICY IN ENGINEERING: Mr. Peterson requested Board approval of a waiver of the salary provisions of the Larimer County Personnel Policy Manual to move Todd Jurgens to step 10 of pay grade 168; he noted that this request represents another 2.5% increase in his salary. Mr. Jacobs concurred with the requested waiver. Chair Pro-Tem Disney asked about budget impacts; Mr. Peterson responded that this will require them to re-do their budget to cover this additional salary expense.
M O T I O N
Commissioner Rennels moved that the Board of County Commissioners approve a waiver of the salary provisions of the Larimer County Personnel Policy Manual to move Todd Jurgens to step 10 of pay grade 168, which represents a 2.5% increase, and will become effective January 1, 2000.
Motion carried 2 - 0.
7. APPROVAL OF POLICIES FOR COMMISSIONER APPOINTED OFFICIALS AND DEPARTMENT HEADS: Mr. Lancaster requested Board approval of the final version of the Appointed Officials, Division Directors, Department Directors and similar Officials Policy; he reviewed the minor changes which have been made since the Board last reviewed the Policy.
M O T I O N
Commissioner Rennels moved that the Board of County Commissioners approve the Appointed Officials, Division Directors, Department Directors and similar Officials Policy, as requested.
Motion carried 2 - 0.
-- In preparation for the first meeting of the year, Mr. Lancaster submitted the Policy for the Board's Assignments and Division of Responsibilities and requested guidance on several matters. With regard to division assignments, the Management Team doesn't think they serve a purpose any more and he asked how the Board feels about this; Chair Pro-Tem Disney and Commissioner Rennels concurred that eliminating these assignments will facilitate the new management team approach. Also, Mr. Lancaster asked the Board to review the listing of Board/Commission Liaisons to see if they want to make changes and especially if they want to make any liaison changes to CCI committees; the Board said "No" to any changes to CCI committees because they don't want to change mid-stream. The Board did change the proxy for the Taxation and Finance Committee from Budget Manager Bob Keister to Finance Director Carol Block and they will review the Board, Commission or Task Force Liaison list to determine if they want to make any other changes.
9. COMMISSIONER REPORTS:
-- Chair Pro-Tem Disney reported that he attended the I-25 Corridor Study Policy and Oversight Committee recently and one of the attendees was Glen Vaad, Weld County Commissioner. Chair Pro-Tem Disney stated that Commissioner Vaad had some very strong feelings about the study, which Commissioner Disney welcomed; however, Weld County didn't contribute any money to this study and he asked if this was fair for him to be at the table trying to steer the direction of this study. Commissioner Vaad concurred and said he would go back to his fellow Commissioners and try and get their fair share of the money for the study.
At this time, Assistant County Attorney joined the meeting for Legal Matters.
10. LEGAL MATTERS:
-- Ms. Haag reviewed a list of the transition documents the Board will be signing on Tuesday Monday for the Mental Health Center
M O T I O N
Commissioner Rennels moved that the Board of County Commissioners go into Executive Session at 10:15 a.m. to discuss potential litigation.
Motion carried 2 - 0.
The Executive Session ended at 11:15 a.m. and the following action was taken:
M O T I O N
Commissioner Rennels moved that the Board of County Commissioners authorize the use of up to $17,500 of the Youth Services Bureau fund balance in 1999 to compensate Youth Services Bureau employees for all remaining compensatory time accrued as of December 21, 1999 and all remaining deferred holidays accrued as of December 21, 1999.
Motion carried 2 - 0.
CHERYL OLSON, CHAIR LARIMER COUNTY
BOARD OF COMMISSIONERS
MYRNA J. RODENBERGER
LARIMER COUNTY CLERK & RECORDER
( S E A L )
Sherry E. Graves, Deputy County Clerk
Gael M. Cookman, Deputy County Clerk