Elk in Rocky Mountain National Park
 

    PROCEEDINGS OF THE BOARD OF COUNTY COMMISSIONERS

    MONDAY, JANUARY 4, 1993 

                                  SUBDIVISIONS  
                                   (#82 @ 75)   

    The  Board  of  County Commissioners met at 9:00 a.m. in regular session
    with  John  Barnett, Director of Planning.  Chairman Hotchkiss presided;
    Commissioners  Klassen  and  Mekelburg were present.  Also present were:
    Russ   Legg,   Development  Processing  Administrator;  Elaine  Spencer,
    Director  of  General  Engineering Services; Jerry Blehm, Public Health;
    Rex  Burns,  Special  Improvement District Administrator; Jeannine Haag,
    Assistant  County  Attorney;  and  Bill  Gordon,  County  Administrator.
    Recording Clerk, S. Graves. 

    Mr.  Barnett  advised the Board that the following are consent items and
    will  not  be  discussed  in detail unless specifically requested by the
    Commission or members of the audience.  

    1.    FLEMING   MINOR   RESIDENTIAL  DEVELOPMENT  (#92-EX0051):  NW  1/4
          02-07-69; EAST SIDE OF NORTH SHIELDS STREET (COUNTY ROAD 17)  
          1/4 MILE SOUTH OF WILLOX (COUNTY ROAD 50); 9.16 ACRES;
          2 LOTS; O-OPEN/UGA ZONING (1-4-93).   

    This  is  a request to divide 9.16 acres into two lots for single family
    dwellings.   Staff  Findings  include:  1)  The  proposed  Fleming Minor
    Residential  Development is consistent with the minimum requirements for
    Minor  Residential  Developments  as  contained  in  the  Larimer County
    Subdivision  Resolution  concerning  the number of lots created, access,
    and  zoning;  2)  A  Lot  Size  Variance  was  granted  by  the Board of
    Adjustment on August 25, 1992 to allow lots smaller than 10 acres in the
    O-Open   Zoning   District;  3)  The  County  Health,  Engineering,  and
    Floodplain  Departments  have reviewed the request and have made certain
    recommendations, which are contained in this report; 4) The City of Fort
    Collins  has  reviewed  the  proposed  Minor Residential Development and
    requested certain conditions, which are contained in this report; 5) The
    property  is  located  in  a prime gravel resource area.  Because of its
    small  size, existing residential uses in the area, and road improvement
    costs,  this  site is not feasible for a gravel extraction operation; 6)
    Approval of the proposed Fleming Minor Residential Development, with the
    conditions  noted,  should  not  adversely affect adjacent property, the
    natural  environment,  or  the  provision of services or transportation.

    Staff  Recommendation  is  for Approval of the Fleming Minor Residential
    Development,  with  the following conditions: 1) Fire protection must be
    provided by installation of a fire hydrant within 400' of the lots.  The
    fire  hydrant  must meet the requirements of Poudre Fire Authority.  The
    hydrant  may  be  installed  prior  to  recording  the  Final Plat, or a
    Subdivision  Improvements Agreement and collateral must be provided.  If
    the  water  line  serving  this  property  is  not adequate to support a
    hydrant,  residential  fire  sprinkler  systems  will  be  required.  If
    sprinklers  are  utilized  for fire protection, this requirement must be
    noted  on the Final Plat; 2) Additional right-of-way must be reserved on
    the  Final Plat to provide a half right-of-way of 50' along the frontage
  
    of  County  Road  17;  3)  Access to the two lots must be shared.  A new
    access  permit  is required and the access must meet the requirements of
    the  County  Access  Policy;  4) The applicant's engineer must calculate
    fees  for  the Old Town Drainage Basin.  The amount of this fee, payable
    at  building permit issuance, must be noted on the Final Plat; 5) School
    Fees  of $8 for Tract 2 shall be paid prior to recording the Final Plat;
    6)  The Final Plat shall provide easements for the utilities serving the
    property.   A  note  shall  be placed on the Final Plat disclosing which
    utilities   will  be  provided  to  the  residential  development.   All
    easements  and  rights-of-way of record must be shown on the Final Plat;
    7)  The  Final  Plat  shall  be  drawn  and  titled  in conformance with
    requirements  for  final  exemption plats as revised January 5, 1987; 8)
    The  Final  Plat  must  be approved and signed by the County Engineering
    Department  prior to recording; 9) The following notes must be placed on
    the Final Plat; A) Engineered footings and foundations shall be required
    for all construction on this site; B) Radon detection tests are required
    in   any  new  residential  structure  prior  to  the  issuance  of  the
    Certificate  of  Occupancy;  C)  Uses on the lots shall be restricted to
    single  family  dwellings and permitted accessory uses.  Only one single
    family  dwelling  per  lot is allowed; D) Park Fees will be collected at
    the time of building permit; E) This property is within the flood-fringe
    area  of  the Cache La Poudre River.  All new structures must meet first
    floor protection elevations, including basements; F) Tracts 1 and 2 must
    share  access  from  County Road 17.  Only the one access is allowed.  A
    common  access  easement  shall  be  shown  on the Final Plat; G) Septic
    systems   must  be  designed  per  the  ISDS  Floodway  Zoning  District
    Regulations;  H)  Drainage  Fees for the Old Town Drainage Basin must be
    paid  at  building  permit issuance; I) Phone service is limited in some
    areas  of  Larimer  County  and  may not be available to these lots; 10)
    Recording  Fees  must  be  paid  prior to recording the Plat.  Seventeen
    folded  copies  of  the  Final  Plat  must  be submitted to the Planning
    Department  for  addressing and send-out; 11) All conditions of approval
    shall  be completed and the plat recorded prior to July 1, 1993, or this
    approval is null and void.  

    2.    GREELEY-BOULDER  COLONY  SUBDIVISION  AMENDED  PLAT  (#92-SA0183):
          34-05-73; TWO MILES SOUTHWEST OF ESTES PARK ON THE EAST SIDE OF   
          COLORADO HIGHWAY 66 (SPUR); 15.75 ACRES; 2 LOTS; SINGLE FAMILY
          RESIDENTIAL/TOURIST CABINS ZONING (1-4-93).   

    This  is  a  request for an Amended Plat of Amended Plat of Lots 1, 2, 3
    and  4  to  adjust the boundary line between Tract 1 of the Amended Plat
    and  a  metes-and-bounds parcel to the north of Tract 1.  Staff Findings
    are:  1) Greeley-Boulder Colony Subdivision was recorded in 1917; 2) The
    proposed  Amended  Plat  would  adjust  boundary  lines with an adjacent
    metes-and-bounds  parcel  to  resolve  a  building  encroachment; 3) The
    County  Health  and  Engineering  Departments have reviewed the proposed
    Amended  Plat and stated no objections; 4) All utility companies serving
    this  area  have  reviewed  the  proposed  Amended Plat and stated their
    concerns/conditions or no objections.   

    Staff Recommendation is for Approval of the proposed Amended Plat of the
    Amended Plat of Lots 1, 2, 3 and 4 and a portion of the S 1/2 of Section
    34,  T5N,  R73W (#92-SA0183) with the following conditions: 1) The water
    service for the building on Tract 1 must be from a service line on Tract
    1;  2)  The  Final  Plat must show utility easements for any power lines
    which cross the lots requested by Estes Park Light and Power Department.

    3.   PTARMIGAN  PLANNED UNIT DEVELOPMENT, 2ND FILING-FINAL PLAT APPROVAL
         (#92-MS0109):  S 1/2 OF 14-06-68; NORTHEAST CORNER OF COUNTY ROAD 5
         AND STATE HIGHWAY 392; 42.64 ACRES; 107 LOTS; E-1 ESTATE (1-4-93)  

    This  is a request to divide 42.64 acres into 108 lots for single family
    dwellings.    Staff   Findings   include:   Final   contract  documents,
    construction  plans,  and compliance with the conditions of approval are
    being  revised  by  the  applicant.  The Final Plat will not be recorded
    until   all  Preliminary  Plat  conditions  are  met.   The  Subdivision
    Improvements  Agreement  is for approximately $1-$2 million.  Collateral
    is  a  cash  escrow  account  governed  by  an  addendum to the standard
    Subdivision Improvements Agreement. 

    Staff  Recommendation  is for Approval of the Final Plat and Subdivision
    Improvements Agreement. 

    M O T I O N 

    Commissioner  Klassen  moved that the Board adopt the Staff Findings and
    Staff   Recommendations   and  approve  the  Fleming  Minor  Residential
    Development  (#92-EX0051);  Greeley-Boulder  Colony  Subdivision Amended
    Plat  (#92-SA0183);  and  the  Ptarmigan  Planned  Unit Development, 2nd
    Filing-Final  Plat  Approval  (#92-MS0109); each, with the conditions as
    previously outlined.

    Motion carried 3 - 0.   

    4.   TRAPPER'S POINT (PRELIMINARY PLAT) (#92-SU0156): N 1/2 OF 02-07-68;
         NORTH OF COUNTY ROAD 48, 1/2 MILE WEST OF COUNTY ROAD 3; 102.65
         ACRES; 18 LOTS; FA-1 FARMING ZONING (1-4-93).  

    This  is  a  request  to divide 102.65 acres into 18 lots of 4.1 to 11.3
    acres  with  18.2  acres of open space.  Mr. Legg noted this matter is a
    consent item between the applicant and Staff and is being heard today to
    provide  an  opportunity  for the Board to raise questions they may have
    concerning this item.  Mr. Leroy Waag, adjacent property owner, asked if
    a provision for installation of a 20 ft. gate across existing irrigation
    laterals   has   been   included  in  the  proposed  conditions.   After
    discussion,  an  additional  condition,  #15,  was  added  to allow this
    request.   Staff  Findings are: 1) This is the fourth review of Trappers
    Point  Subdivision.   The  subdivision has been reduced in amount of the
    total   development  area,  number  of  lots  potential  impact  on  the
    environment;  2) The site is zoned FA-1 Farming and the lots as proposed
    meet  or  exceed  the  minimum  lot  size for that Zone District; 3) The
    Larimer County Health Department and the applicant's revised soil report
    #6230-4-92 from Empire Laboratories, indicate that all lots will support
    standard  septic  systems;  4)  Approval of the proposed Trappers Point,
    with  the  following  conditions,  will  not  result  in any significant
    negative   impact   on   surrounding   properties,   utilities  service,
    transportation facilities, or the natural environment.  

    The Planning Commission/Staff Recommendations are for 1) Approval of the
    Variance  for  exceeding the maximum required cul-de-sac length with the
    following  conditions:  1) Individual residential sprinkler systems will
    be  required for the lots required by the Poudre Fire Authority.  A note
    shall  be placed on the Final Plat identifying the lots and the required
    sprinkler  system  installations; 2) An emergency secondary access shall
    be  provided  and  approved by the Poudre Fire Authority and the Larimer
    County  Engineer;  and  2) Approval of the Preliminary Plat for Trappers
    Point Subdivision for 18 single family lots as shown on the Revised Plat
    submitted  December  9,  1992,  with  the  following  conditions: 1) All
    concerns  of  the  County Engineer and the County Drainage Administrator
    shall   be   addressed  by  construction  plans,  signed  agreement  and
    collateral  before  the  Final Plat is approved; 2) The Final Plat shall
    not  be  recorded  until the required improvements are completed for the
    ELCO  Water  System;  3)  Final  Plat documents shall include an overlot
    grading  plan  and  drainage plan which address irrigation laterals, and
    downstream  drainage  from  the site; 4) Tract A shall be eliminated and
    the  right-of-way  for the east cul-de-sac extended to the east property
    line;  5)  All  internal  roads shall be paved to current Larimer County
    Standards;  6) Easements denoting where the septic field must be located
    shall  be  identified  on  each  lot and a note placed on the Final Plat
    indicating  this  requirement and warning that the Larimer County Health
    Department  may  not approve engineered septic systems on the lots; 7) A
    Homeowners  Association  shall  be  established  for  maintenance of the
    existing  lake  and  other  common  areas.   The Covenants shall address
    responsibility  of  the homeowners regarding the irrigation systems that
    exist on the site; 8) A site for the Westgas Company meter site shall be
    provided on the Final Plat; 9) An agreement with WYCO shall be submitted
    with the Final Plat; 10) The following notes shall be added to the Final
    Plat:   A)  Engineered  foundation  plans  shall  be  required  for  all
    construction  on  this  site;  B)  The  Larimer County Park Fee shall be
    collected  when a building permit is issued for a single family dwelling
    on  each  lot;  C) The results of a radon test shall be submitted to the
    Planning  Department before a Certificate of Occupancy is issued for any
    individual  structure  on  the  site;  D)  Telephone  service may not be
    available  to  the  future  lot  owners  until upgrades to the telephone
    system in the general area are completed some time in the future; E) All
    access  shall be limited to internal subdivision roads; F) Wetlands have
    been  identified adjacent to the existing area.  Permits may be required
    prior  to  disturbing  this  area;  11)  A 10' utility easement shall be
    provided  along  all lot lines; 12) A high water easement shall be added
    to  the  lots  on  the  lake;  13)  A  report  regarding the lake usage,
    ownership  water  rights,  the surface rights, and a complete recreation
    and  maintenance  plan,  including  supporting legal documents, shall be
    provided  by the applicant; 14) Alternate locations for gas lines are to
    be  considered between the developer, Westgas and the adjoining property
    owner; 15) Fences which cross irrigation laterals shall be provided with
    a 20 ft. gate for ease of maintenance.  
    M O T I O N 

    Commissioner Mekelburg moved that the Board adopt the Staff Findings and
    Planning  Commission/Staff  Recommendations  with Amended Conditions and
    approve the Trapper's Point (Preliminary Plat) (#92-SU0156) with Amended
    Conditions. 

    Motion carried 3 - 0.   

    5.   TILEY  MINOR  RESIDENTIAL  DEVELOPMENT  -  REQUEST  FOR  CHANGE  IN
         CONDITION OF APPROVAL (#92-EX0109): NW 1/4 OF 33-7-68; EAST OF 
         COUNTY ROAD 9, 1/8 MILE SOUTH OF COUNTY ROAD 40 (HORSETOOTH ROAD); 
         6.76 ACRES; 2 LOTS; FA-1 FARMING/URBAN GROWTH AREA ZONING (1-3-93).

    This  is  a  request  to  divide 6.76 acres into two lots of 3.5 and 3.2
    acres  for  single  family dwellings.  Staff Findings include: This item
    was  approved on October 19, 1992, with the condition that the access to
    County  Road  9  be reserved as a public right-of-way.  The applicant is
    requesting  a  change in the condition eliminating the requirement for a
    reserved  public  right-of-way and substituting a restriction on further
    development  until  another  access  is provided (Reference Letter dated
    December 1, 1992 from A. E. March, Jr., Attorney).  

    The  County  Engineer  has  reviewed  the  request  and does not object,
    provided the development restriction is placed on the property. 

    M O T I O N 

    Commissioner  Klassen  moved  that  the  Board  approve  the Tiley Minor
    Residential  Development  Request  for  Change in Condition of Approval,
    (#92-EX0109),  with  the  condition  that the development restriction be
    placed on the property. 

    Motion carried 3 - 0.   

    M O T I O N 

    Commissioner Mekelburg moved that the Board go into Executive Session to
    discuss litigation. 

    Motion carried 3 - 0.   

    The meeting adjourned at 9:40 a.m.; no action taken.

    TUESDAY, JANUARY 4, 1993

                          PUBLIC WORKS STANDING MEETING 
                                  (#82 @ 1325)  

    The  Board  of  County Commissioners met at 9:30 a.m. in regular session
    with  Rex Smith, Director of Public Works.  Chairman Hotchkiss presided;
    Commissioners  Klassen  and  Mekelburg  were present.  Also present were
    Elaine  Spencer,  Director  of  General  Engineering  Services; and Bill
    Gordon, County Administrator.  Recording Clerk, S. Graves.  
    1.    U.S.  287  RELOCATION  -  DISCUSSION  OF  ALIGNMENT  ALTERNATIVES:
    Subsequent  to  a  meeting  held  in  early December with Larimer County
    Staff,  City  of  Loveland,  and  Anna  Lenahan representing the town of
    Berthoud,  regarding  the  pros and cons of the various alternate routes
    for  U.S.  287 north from County Road 4, preference of the group was for
    route furthest west and furthest north around the west and north side of
    Berthoud.  Mr. Smith suggested that if the Board of County Commissioners
    could  endorse  this  preferred  route  and  make  recommendation to the
    Department  of  Transportation,  time  and  dollars will be saved by the
    elimination  of  an  analysis  of  other  potential  alternatives.   The
    Loveland  City  Council  will  also  be  asked to take a formal position
    regarding this matter and make the same recommendation. 

    M O T I O N 

    Commissioner  Klassen  moved  that  the  Board  of  County Commissioners
    prepare  a  resolution  for  the  Board's endorsement and the Chairman's
    signature  supporting Alternate A (a northwesterly route coinciding with
    Berthoud's  choice  of  future  routing of Highway 287 around Berthoud);
    this   resolution   to  be  presented  to  the  Colorado  Department  of
    Transportation  at  the  meeting  scheduled  for  January 6, 1992 at the
    Berthoud Community Center.  

    Motion carried 3 - 0.   

    2.   TURMAN  DRIVE  - DISCUSSION OF COUNTY SUBSIDY FOR PAVING: Mr. Smith
    noted  that  earlier  this  year  the Board approved sharing the cost of
    extending  Turman Drive from Manor Ridge Estates into Bruns Subdivision.
    Ms.  Spencer  has  received  a bill from Manor Ridge Estates for $5,543;
    which  is  50% of the $11,086 statement received from Coulson Excavating
    Company for improvements to Turman Drive.  Mr. Smith requested direction
    from  the  Board  regarding the source of these funds.  CONSENSUS OF THE
    BOARD  was  that  funds for this expenditure should be derived from Road
    and Bridge Funds.   

    Motion carried 3 - 0.   

    Mr.  Gordon  presented  a  Law Enforcement Agreement between the Town of
    Timnath  and  Larimer  County  and  requested  Board  approval  and  the
    Chairman's signature.   

    M O T I O N 

    Commissioner  Klassen  moved  that  the  Board approve a Law Enforcement
    Agreement  between  the  Town  of  Timnath and Larimer County commencing
    February 1, 1993 thru January 31, 1994. 

    Motion carried 3 - 0.   

    A93-01  LAW ENFORCEMENT AGREEMENT BETWEEN THE BOARD OF COUNTY   
            COMMISSIONERS AND THE TOWN OF TIMNATH   

    The meeting recessed at 10:15 a.m.  
         MEETING ON THE DISTRIBUTION OF PROCEEDS FROM THE SALE OF ASSETS
                                      (#83) 

    The  Board  of  County Commissioners reconvened at 10:30 a.m. in regular
    session  with Bob Keister, Budget Manager:  Chairman Hotchkiss presided;
    Commissioners  Klassen  and  Mekelburg were present.  Also present were:
    Rex  Smith,  Director  of  Public  Works;  Bill  Heiden, Road and Bridge
    Director;  Paul  Cooper, Director of Community Corrections; Bob Grewell,
    Finance  Director;  Jim Stokes, Director of Information Management; John
    MacFarlane,  Parks  Director;  and  Bill  Gordon,  County Administrator.
    Recording Clerk, S. Graves. 

    Subsequent  to  a memo from Jan Hawn of Finance concerning amplification
    of  the current guidelines on the distribution of proceeds from the sale
    of fixed assets, discussion was held.  The Board determined this concern
    relates  mainly  to  Road  and  Bridge.  Mr.  Smith stated that Road and
    Bridge  is working on an equipment replacement program and requested the
    Board  defer  action  on  this  matter  until this program is completed.

    The Board adjourned at 11:10 a.m.   

    WEDNESDAY, JANUARY 6, 1993  

                             ADMINISTRATIVE MATTERS 
                                  (#82 @ 2360)  

    The  Board  of  County Commissioners met at 9:30 a.m. in regular session
    with  Bill  Gordon,  County Administrator.  Chairman Hotchkiss presided;
    Commissioners  Klassen  and  Mekelburg  were  present.  Also present was
    Diane  Nelson,  Staff  Services  Manager.   Recording  Clerk, S. Graves.

    1.   REQUEST  FOR  APPROVAL  AND SIGNATURE ON AN EXTENSION AGREEMENT FOR
    SNOW  REMOVAL  FOR  NAMAQUA  HILLS - GID Number 8:  Ms. Nelson requested
    Board  approval  and  the  signature  of  all  three Commissioners on an
    Extension Agreement for snow removal for Namaqua Hills. 

    M O T I O N 

    Commissioner  Klassen moved that the Board approve and the Commissioners
    sign an Extension Agreement for snow removal for Namaqua Hills - GID No.
    8 for a one-year extension. 

    Motion carried 3 - 0.   

    A93-02  EXTENSION AGREEMENT BETWEEN NAMAQUA HILLS GENERAL IMPROVEMENT   
            DISTRICT NO. 8, LARIMER COUNTY, COLORADO AND PETE DEDECKER  
            OF LOVELAND, COLORADO   

    2.  WORKSESSION:

    --  Mr.  Barnett  requested the Board adopt a Resolution amending action
    taken by the Board on December 14, 1992 authorizing the submission of an
    application  for  an  Enterprise  Zone  for Larimer County and setting a
    January  5,  1993  deadline.   The application requires resolutions from
    each  local jurisdiction being considered and Fort Collins does not meet
    until January 19, 1993.  Subsequently, the application will be submitted
    to the Department of Local Affairs on January 20, 1993. 

    M O T I O N 

    Commissioner  Mekelburg  moved  that  the  motion passed on December 14,
    1992,  in  which  the  Board directed the Planning Director to submit an
    application  for  an  enterprise  zone to the Enterprise Zone Program by
    January 5, 1993, be amended to require the submission of the application
    by January 20, 1993.

    Motion carried 3 - 0.   

    M O T I O N 

    Commissioner  Mekelburg  moved  that  the Board adopt the Resolution for
    Enterprise  Zone  Designation  and  authorized  Chairman  to  sign same.

    Motion carried 3 - 0.   

    R93-01  RESOLUTION FOR ENTERPRISE ZONE DESIGNATION  

    --   The  District  Attorney's  Office  sent  a reminder to the Board of
    County  Commissioners  of  the  Red  Ribbon  Week and Drug Free Calendar
    Awards  Ceremony  scheduled for January 6, 1993 at 6:30 p.m. in the Fort
    Collins City Council Chambers.  

    --  As  directed by the Board during the Public Works Meeting on January
    5,  1993,  a Resolution regarding preferred routing and funding for U.S.
    287  was prepared for the Board's adoption and the Chairman's signature.

    M O T I O N 

    Commissioner Klassen moved that the Board adopt the Resolution Regarding
    Preferred  Routing  and Funding for U.S. 287 and authorized the Chairman
    to sign same; this Resolution to be presented to the Colorado Department
    of  Transportation by Commissioner Klassen at the meeting scheduled this
    evening in Berthoud.

    Motion carried 3 - 0.   

    R93-02g  RESOLUTION REGARDING PREFERRED ROUTING AND FUNDING FOR U.S. 287

    3.  DOCUMENT REVIEW:  The following documents, of a routine nature, were
    considered by the Board:

    MINUTES/AGENDA  

    M O T I O N 

    Commissioner  Mekelburg moved that the Board approve the Minutes for the
    week  of  December  28, 1992, and the Agenda for the week of January 11,
    1993, as submitted. 

    Motion carried 3 - 0.   
    M O T I O N 

    Commissioner  Mekelburg  moved  that  the  Board  approve  Petitions for
    Abatement  for  Thomas  J.  Allen; Auto Holdings, Inc.; John H. Chilson;
    First  Federal  Savings Bank of CO; Linda L. Funk/J.D. Haley; Scott A. &
    Rose  Jones;  Loveland  Car Wash Partnership; Steve M. Schultz & Dorthea
    Boettcher;  and  Two  Eighty  Seven,  Ltd., as recommended by the County
    Assessor, Steve Miller. 

    Motion carried 3 - 0.   

    M O T I O N 

    Commissioner  Mekelburg  moved  that the Board approve the Marianna Park
    Amended Plat of Lots 6 and 7.   

    Motion carried 3 - 0.   

    LIQUOR  LICENSES:   A License was issued to Cloverleaf Race Track - 6% -
    Loveland,  CO.   County  Approval  was granted to Branding Iron Liquors,
    Inc.  -  6%  -  LaPorte, CO; and Horsetooth Marina Resort, Inc. - 3.2% -
    Fort Collins, CO.   

    M O T I O N 

    Commissioner  Mekelburg  moved  that  the  Board  approve  the following
    documents:  

      A93-03   AGREEMENT CONCERNING ROAD IMPROVEMENTS ON COUNTY ROAD #27
               BETWEEN THE BOARD OF COUNTY COMMISSIONERS OF LARIMER COUNTY  
               AND GAROLD M. AND JULAINE M. RADIEL (Project #189 - Buckhorn 
               Bridge)  

      A93-04   EXTENSION OF LEASE AGREEMENT BETWEEN THE BOARD OF COUNTY 
               COMMISSIONERS AND EDWIN R. FORCE (For use of Pasture Land)   

      A93-05   SUBDIVISION EXEMPTION AGREEMENT BETWEEN THE BOARD OF COUNTY  
               COMMISSIONERS AND WALLACE R. NOEL, CALVIN KOWALSKY, AND  
               KOWALSKY LAND & CATTLE COMPANY   

    Motion carried 3 - 0.   

    The meeting recessed at 10:20 a.m.  

                                  LEGAL MATTERS 
                                  (#83 @ 3387)  

    The  Board  of  County Commissioners reconvened at 10:30 a.m. in regular
    session with George Hass, County Attorney.  Chairman Hotchkiss presided;
    Commissioners  Klassen  and  Mekelburg  were present.  Also present were
    Mike  Burch,  Risk  Manager,  and  Bill  Gordon,  County  Administrator.
    Recording Clerk, S. Graves. 

    1.  Mr. Haas presented a Resolution to defend and indemnify the District
    Attorney for claims made while in the scope of employment arising out of
    a  motor  vehicle  accident  of  October  7,  1989,  and requested Board
    approval and the Chairman's signature.  

    M O T I O N 

    Commissioner Mekelburg moved that the Board adopt a Resolution regarding
    the  District  Attorney's  involvement  in  a  motor vehicle accident on
    October 7, 1989 while in the scope of employment.   

    Motion carried 3 - 0.   

    R93-03g  RESOLUTION REGARDING THE DISTRICT ATTORNEY'S INVOLVEMENT   
             IN A MOTOR VEHICLE ACCIDENT ON OCTOBER 7, 1989 

    2.   Mr.  Hass  presented  a Resolution approving the purchase of Surety
    Bond  for  Worker's  Compensation  Self  Insurance,  as  required by the
    Department  of Labor and Employment of Colorado to guarantee the payment
    of  Worker's  Compensation  claims incurred by the County, and requested
    Board  approval  and the Chairman's signature on the Resolution and on a
    bond application form to be submitted with the Resolution.  

    M O T I O N 

    Commissioner  Klassen moved that the Board approve and the Chairman sign
    the  executed  bond  application  form  and  a  Resolution approving the
    purchase  of  Surety  Bond  for  Worker's  Compensation  Self-Insurance.

    Motion carried 3 - 0.   

    R93-04g  RESOLUTION APPROVING THE PURCHASE OF SURETY BOND FOR WORKERS   
             COMPENSATION SELF INSURANCE

    The meeting recessed at 10:25 a.m.  

                               ABATEMENT HEARINGS   
                                      (#84) 

    The  Board  of  County Commissioners reconvened at 1:30 p.m. to consider
    several   petitions   for   abatement.    Chairman  Hotchkiss  presided;
    Commissioners  Klassen  and  Mekelburg  were  present.  Also present was
    Carla   Woodard-Cowling,  Senior  Appraiser,  and  Bill  Gordon,  County
    Administrator.  Recording Clerk, M. Bloom   

    1.   Winserv  Corp:   A  representative  from Winserv explained that the
    valuation  of $16,310 was not protested by the Office Manager because it
    was understood that actual and assessed value were the same.

    Carla   Woodard-Cowling   informed   the  Board  that  the  Assessor  is
    recommending  denial  of the petition because a declaration schedule was
    not filed by the property owner.

    M O T I O N 

    Commissioner  Klassen  moved  that the Board approve a partial abatement
    for Windserv Corporation in the amount of $600.00   

    Motion carried 2-1; Commissioner Mekelburg dissenting.  

    2.   Proctor  Oil  Company:   A  representative  for Proctor Oil Company
    explained  that  there  was an error in the valuation and requested that
    the Board approve the abatement.

    Carla  Woodard-Cowling  stated that a property declaration was not filed
    on  the  personal property and the Assessor must recommend denial of the
    abatement.  

    M O T I O N 

    Commissioner  Mekelburg moved that the Board approve a partial abatement
    for Proctor Oil Company in the amount of $1,000.00. 

    Motion carried 3-0. 

    3.   Prudential Insurance Company of America:  Chris Grubb stated that a
    declaration schedule was filed and the valuation is in error.   

    Following  a  review  of the file, Ms. Woodard-Cowling advised the Board
    that  the  recommendation  of  the  Assessor's  Office is erroneous, the
    petition for abatement should be approved.  

    M O T I O N 

    Commissioner  Mekelburg  moved  that  the Board approve the petition for
    abatement as submitted by Prudential Insurance Company of America in the
    amount of $221.44.  

    Motion carried 3-0. 

    The meeting adjourned at 2:40 p.m.  



                                   _______________________________  
    ( S E A L )                    COURTLYN W. HOTCHKISS, CHAIRMAN  
                                   LARIMER COUNTY COMMISSIONERS 
    ATTEST: 



    _____________________________________   
    Sherry E. Graves, Deputy County Clerk   



    ____________________________________
    Mary R. Bloom, Deputy County Clerk  

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