PROCEEDINGS OF THE BOARD OF COUNTY COMMISSIONERS

    TUESDAY, JULY 6, 1993   
                                  SUBDIVISIONS  
                              (#266, #268, & #270)  

    The  Board  of  County Commissioners met at 9:00 a.m. in regular session
    with   Russ   Legg,   Development  Processing  Administrator.   Chairman
    Hotchkiss  presided; Commissioners Disney and Duvall were present.  Also
    present  were: Al Kadera, Subdivision Administrator; Richael Michels and
    Carol  Evans,  Planners;  Jerry White, Zoning Administrator; John Pedas,
    Code Enforcement Officer; Elaine Spencer, Manager Engineering Operations
    &  Planning;  Jerry  Blehm,  Environmental  Health;  and  Jeannine Haag,
    Assistant County Attorney.  Recording Clerk, S. Graves. 

    Mr.  Legg  stated  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.   CONNELL  RESOURCES SPECIAL REVIEW ((#93-ZR0249): NW 03-06-68: SOUTH
         SIDE OF COUNTY ROAD 38 (HARMONY ROAD), 1/4 MILE WEST OF I-25;  
         37.68 ACRES; FA-1 ZONING FARMING (7-6-93). 

    This  is a request for Amendment to Special Review to allow the addition
    of  an  asphalt  batch  plant  as an accessory use to an approved gravel
    extraction  operation.   Staff  Findings  include: 1) The proposed batch
    plant  will  be  operating  as an accessory use to the gravel extraction
    operation  permitted  by  Special  Review  #57-80; 2) The Larimer County
    Engineering and Health Departments, the fire district, all utilities and
    other interested agencies have reviewed this subdivision and have stated
    no  objections  as  long  as certain conditions are met; 3) The proposed
    batch  plant  will have minimal impacts on the surrounding land uses and
    appears  consistent  with  the Larimer County Comprehensive Plan; 4) The
    proposed  batch  plant will not increase the number of vehicle trips per
    day that currently exist on the site.   

    The  Staff/Urban Growth Area Review Board Recommendation is for Approval
    of  the  Special  Review to allow a mobile asphalt plant at the existing
    Connell Resources mining operation with the following conditions: 1) The
    batch  plant  will operate only from mid-March to mid-December each year
    from  6  a.m. to 6 p.m. Monday through Saturday; 2) Only sand and gravel
    that  is  extracted  on the site can be utilized at the batch plant.  No
    resource  may  be  brought in from other locations for use at this batch
    plant;  3) The State permit for operating a batch plant on a mining site
    must  be  obtained  prior  to  operation  of  the  plant; 4) A State Air
    Pollution  permit  is  required  prior to operation of the plant; 5) The
    fire  hydrant  required  by Special Review #153-92 must be installed and
    documented  to be operating properly prior to operation of the plant; 6)
    The approval for the batch plant will expire four years from the date of
    approval by the Board of County Commissioners, unless otherwise extended
    by the Board of County Commissioners.   

    2.   KARL  LANE  STREET  NAME  CHANGE  (#93-0S0295): 01-04-73; KARL LANE
         RUNS NORTH FROM STATE HIGHWAY 7, NORTH OF CARRIAGE HILLS; E-ESTATE 
         ZONING (7-6-93).   
  
    This  is  a  request  to  change the name of Karl Lane to Bluebird Lane.
    Staff Findings are: 1) The proposed street name, Bluebird Lane, has been
    reviewed  and  approved  by  all the appropriate public agencies; 2) The
    proposed street name does not duplicate any existing street names in the
    immediate  area;  3)  All  the property owners utilizing this street for
    access  have approved the proposed street name.  Staff Recommendation is
    for  Approval of the request to change the name of Karl Lane to Bluebird
    Lane.   

    3.  RIST  CANYON  VOLUNTEER FIRE DEPARTMENT SPECIAL REVIEW (#93-ZR0248):
        SE 33-08-70; 2 MILES OFF RIST CANYON ROAD, 5 MILES WEST OF BELLVUE; 
        .09 ACRES; O-OPEN ZONING (7-6-93).  

    This  is  a  request  to allow a fire truck shelter and parking area for
    volunteer  fire fighters.  Staff Findings include: 1) The structure will
    improve  the  ability  of  the  Rist Canyon Volunteer Fire Department to
    respond  to  and  fight fires in the Rist Canyon/Whale Rock Area; 2) The
    Larimer  County  Engineering  and Health Departments, the Fire District,
    all   utilities   and  other  interested  agencies  have  reviewed  this
    subdivision  and have stated no objections as long as certain conditions
    are  met;  3) The proposed structure will have no significant impacts on
    the  surrounding land uses or the natural environment as long as certain
    fire prevention actions are taken.  

    The Planning Commission/Staff Recommendation is for Approval of the Rist
    Canyon  Volunteer  Fire  Department  Special  Review  with the following
    conditions: 1) The structure and the water tank must be painted in earth
    tones  or  forest greens to blend in with the surroundings; 2) Trees and
    other  solid  fuel must be cleared within 30' of the proposed structure;
    3)  The structure may not be used for any other purpose than the storage
    of  fire  trucks or other fire fighting equipment and maintenance of the
    trucks  and equipment; 4) A drainage plan must be provided for review by
    the  County  Flood  Plain  Administrator at the time of building permit.

    4.   PTARMIGAN  PLANNED UNIT DEVELOPMENT, 2ND FILING (#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 ZONING (7-6-93).

    This  is  a  request for the release of the Special Improvement District
    Letter  of  Credit.  Staff Recommendation is for Approval of the release
    of  the  letter  of  credit  SLC021/92  for  $209,317.50 upon successful
    completion and release of the roadway subgrade construction.

    5.   RIVERLAKES  ESTATES  PLANNED  UNIT  DEVELOPMENT (#S-79-90): NE 1/4,
         SW 1/4 221-5-68; NORTH OF STATE HIGHWAY 402, SOUTH OF THE BIG  
         THOMPSON RIVER, NORTHWEST OF PARADISE ACRES SUBDIVISION;   
         32.5 ACRES; 26 LOTS; (7-6-93). 

    This   is   a   request   for  partial  release  of  collateral.   Staff
    Recommendation  is  for Approval of the partial release of the Letter of
    Credit  in the amount of $96,889 with the condition that a new letter of
    credit  covering  the  remaining  subdivision  improvements agreement be
    provided by the applicant prior to release. 
    M O T I O N 

    Commissioner  Duvall  moved  that the Board adopt the Staff Findings and
    UGA  Review  Board/Planning Commission/Staff Recommendations and approve
    the Connell Resources Special Review (#93-ZR0249); Karl Lane Street Name
    Change  (#93-0S0295);  Rist  Canyon  Volunteer  Fire  Department Special
    Review  (#93-ZR0248);  Ptarmigan  Planned  Unit  Development, 2nd Filing
    (#92-MS0109);   and   Riverlakes   Estates   Planned   Unit  Development
    (#S-79-90); each, with the conditions as previously outlined.   

    Motion carried 3 - 0.   

    6.   ASPEN  BROOK  P.U.D., PHASE 2 SUBDIVISION IMPROVEMENT AGREEMENT AND
         FINAL PLAT.

    Mr.  Kadera presented the Final Plat for Aspen Brook P.U.D., Phase 2 and
    the  Subdivision  Improvement  Agreement  for  Board  approval  and  the
    Chairman's signature.   

    M O T I O N 

    Commissioner  Disney  moved that the Board approve and the Chairman sign
    the  Aspen  Brook P.U.D., Phase 2 Final Plat and Subdivision Improvement
    Agreement.  

    Motion carried 3 - 0.   

    A93-122  SUBDIVISION IMPROVEMENT AGREEMENT FOR ASPEN BROOK P.U.D.,  
             PHASE 2, BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND ASPEN   
             BROOK INVESTMENTS, INC.

    7.  ABC STORAGE & RON'S EQUIPMENT PLANNED UNIT DEVELOPMENT (#93-MS0243):
        SW 1/4 26-08-69; NORTH SIDE OF US HIGHWAY 287, EAST OF COUNTY ROAD  
        17 (1000 NORTH HIGHWAY 287-COUNTRY GENERAL STORE); 12.06 ACRES; 
        C-COMMERCIAL ZONING (7-6-93).   

    This  is  a  request  for a Preliminary Phase Plan to divide 12.06 acres
    into three tracts of 2.62, 4.32, and 5.13 acres for a commercial Planned
    Unit  Development  for  mini-warehousing,  equipment sales, and existing
    retail/gasoline sales.  Ms. Michels provided the project description and
    noted  that two concerns are the proximity of the building to Dry Creek,
    which  is  in  the floodway, and inadequate space for parking.  Mr. Gene
    Fischer,  attorney  for the applicant, stated they are in agreement with
    all  the  requirements  and  conditions except for the condition that an
    annexation agreement must be signed with the City of Fort Collins on all
    three  parcels.   Mr.  Fischer  stated  that  Con-Agra will not sign the
    agreement  for  the parcel they are retaining--Parcel A; but there is no
    problem  with signing the agreement for Parcels B & C--the parcels to be
    developed.   Staff Findings include: 1) The proposed uses are allowed in
    the  C-Commercial  Zoning  District;  2)  The site plan with recommended
    changes  is in conformance with the Planned Unit Development Resolution;
    3)  A  commercial  development  in  this  area  meets  the intent of the
    Comprehensive  Plan;  4)  Approval of this Planned Unit Development will
    have  no  detrimental  effects  upon  the  surrounding  land  uses,  the
    environment,  or on overall health and safety; 5) The County Engineering
    and  Health  Departments,  as  well  as  utilities  and other interested
    reviewing agencies, have reviewed this proposal and stated no objections
    to it as long as certain conditions are met.

    The  Staff/Planning  Commissioner  Recommendation is for Approval of the
    ABC  Storage  and  Ron's  Equipment  Planned  Unit  Development with the
    following  conditions  as  amended:   1)  A  revised  site  plan must be
    submitted  with  the  following  changes shown: A) The storage units and
    office must be tan or brown with the roofs being a dark color.  No white
    shall  be used; B) The storage units on the eastern side of the property
    for  both current and future development sites must be set back at least
    50  feet  from  the  floodway  line of Dry Creek; C) Landscaping must be
    provided  on the southern portion of Tract B, which will provide a dense
    buffer; D) Landscaping along Highway 287 must be included in Tract A; E)
    Landscape   irrigation   and   maintenance  issues  must  be  addressed.
    Maintenance  must  be addressed in a Subdivision Improvements Agreement;
    F)  Parking  spaces  must  be provided in the quantities required by the
    Planned  Unit  Development Resolution, except at the storage unit office
    where  3  spaces are required; G) The grassy equipment display area must
    be  physically  delineated  from  the  remainder of the property; H) The
    access drive from Highway 287 must be shown 33 feet wide; 2) Development
    of  the  site  must be completed in strict conformance with the approved
    Phase  Plan,  including signs and off-premise signs; 3) The Leafy Spurge
    infestation  on  the  property must be addressed in conformance with the
    Larimer   County  Weed  District  Regulations;  4)  Lighting  should  be
    installed  so  that  no  light  leaves  the  site  or shines on adjacent
    properties;  5)  No storage or display of equipment can occur outside of
    the  approved storage area; 6) Future storage units must be developed in
    conformance  with  the approved site plan; 7) The access to all the lots
    must  be included in an access easement and a written agreement recorded
    defining  how  the  property  owners  will  maintain  said access; 8) No
    storage  of  vehicles,  equipment, materials, or any other items will be
    allowed  outside  of  a building on Tract B; 9) Only farm implements and
    equipment  may be displayed for sale on Tract C.  All vehicles displayed
    must  be operational.  No wrecked equipment, equipment stored for parts,
    mobile  homes, etc., are allowed on Tract C; 10) All equipment displayed
    on  Tract  C must be within the designated display area; 11) The display
    area  on  Tract C must be well maintained and weed free; 12) The storage
    units  on  Tract  B must not be used for living quarters, any commercial
    uses,  or  to store any hazardous materials; 13) Drainage issues must be
    addressed with a drainage plan and a 20-foot drainage easement along the
    north  side  of  Tract B and must be shown on the Final Plat; 14) A fire
    hydrant  must  be  installed  on  the  property  in  accordance with the
    recommendation of the Poudre Fire Authority, and tested prior to issuing
    a  building permit; 15) The flood plain must be shown on the Final Plat;
    16)  The  entire right-of-way for Highway 287 must be shown on the Final
    Plat;  17)  An  Annexation  Agreement  with  the City of Fort Collins is
    required for the developed parcels B & C.  Parcel A will remain excluded
    from  the  Annexation  Agreement, subject to obtaining a waiver from the
    City  of  Fort Collins; 18) The following notes must appear on the Final
    Plat: A) Development of this property must be done in strict conformance
    with  a  site  specific development plan on file with the Larimer County
    Planning  Office;  B)  Portions  of  Tracts  B  and C are located in the
    floodplain  and  subject  to  Larimer  County Floodplain Regulations; C)
    Structures  built on Tract B must have a finished floor elevation of 1.5
    feet  above  the  base  flood  elevation of 5,009.81 feet; D) Engineered
    footing  and  foundations  are  required  for  all  structures  on  this
    property;  E)  Maintenance  of  the  roads  in  this  subdivision is the
    responsibility  of  the  property owners.  Failure to maintain the roads
    may result in a lien upon the property.  Approval of the waiver from the
    requirement  to  hook up to sanitary sewer with the following condition:
    1)  Property owners must hook up to sanitary sewer when it is within 400
    feet  of  the  property  and  join any Special Improvement Districts for
    sewer that form within 400 feet of the property.

    M O T I O N 

    Commissioner  Duvall  moved  that the Board adopt the Staff Findings and
    Staff  Recommendations  and  approve  the  conditional  Waiver regarding
    sanitary  sewer  and  approve  the ABC Storage & Ron's Equipment Planned
    Unit  Development with Amended Conditions, subject to obtaining a waiver
    from  the  City  of  Fort Collins excluding Parcel A from the Annexation
    Agreement.  

    Motion carried 3- 0.

    8.    EHRLICH  MINOR  RESIDENTIAL  DEVELOPMENT  (#93-0S0309):  29-05-69,
           SOUTH SIDE OF COUNTY ROAD 18 NEAR THE WEST END OF BOEDECKER LAKE 
           (7-6-93).

    This is a request to appeal the Minor Residential Development regulation
    to  permit  a  Minor  Residential  Development  application  on a parcel
    created  after  1972.  Russ Legg reviewed the major concerns and issues.
    Staff  Findings  are:  1)  On  February  1,  1993, the Minor Residential
    Development  regulations were amended to require that all proposed Minor
    Residential  Development  lots meet the minimum lot size requirements of
    the  appropriate  zoning district; 2) The property in question cannot be
    divided  without a Lot Size Variance; 3) Property divisions that are not
    consistent  with  the  minimum  zoning requirements should be subject to
    review  of the Planning Commission through the full subdivision process;
    4)  Without  commenting on the merits of the case that could be made for
    dividing  this  site,  Staff will not support an appeal from the minimum
    requirements   of   the   Minor   Residential  Development  regulations.
    Therefore,  Staff  Recommendation  is  for  Denial  of the Ehrlich Minor
    Residential Development Appeal. 

    Mr. Ehrlich submitted a letter with the history of this property and the
    reasoning  for  his  petition to proceed with an application for an MRD.
    Discussion followed.

    M O T I O N 

    Commissioner  Disney  moved  that the Board adopt the Staff Findings and
    Staff  Recommendation and deny the Ehrlich Minor Residential Development
    Appeal  and  suggested Mr. Ehrlich proceed thru the subdivision process.

    Motion carried 3 - 0.   
    9.   LAMY  MINOR  RESIDENTIAL DEVELOPMENT (#92-EX0047): NW 1/4 25-05-73;
         SOUTH OF US HIGHWAY 34, ADJACENT TO THE ESTES PARK CITY LIMITS,
         ONE MILE WEST OF MORAINE AVENUE; 38 ACRES; 3 LOTS; T-TOURIST   
         ZONING (7-6-93).   

    This is a request for a Time Extension to divide 38 acres into four lots
    for  single  family  dwellings,  a  Time  Extension.   Mr.  Kadera  also
    requested  the Board to consider the same Time Extension for the Kaufman
    and Rice Minor Residential Developments, noting that the applicants have
    complied  with conditions of approval but matters beyond the applicant's
    control have created a delay.  Staff Findings include: 1) The Lamy Minor
    Residential  Development was conditionally approved on October 26, 1992;
    2)  The applicant has made steady progress toward meeting the conditions
    of  approval,  so  the  Final  Plat  could be recorded; 3) Circumstances
    beyond  the  applicant's control have resulted in a delay in meeting the
    conditions of approval; 4) Granting an Extension to January 6, 1994 will
    not  result  in  any  significant  negative  impacts on any interest the
    County has in this application. 

    Staff  Recommendation is for Approval of an Extension of Time to January
    6,  1994  for  the  recording  of  the  Lamy,  Kaufman,  and  Rice Minor
    Residential Developments.   

    M O T I O N 

    Commissioner  Disney  moved  that the Board adopt the Staff Findings and
    Staff  Recommendation  and  approve  the Time Extension until January 6,
    1994  for  the  Lamy,  Kaaufman and Rice Minor Residential Developments.

    Motion carried 3 - 0.   

    10.   GADSBY RANCH MINOR RESIDENTIAL DEVELOPMENT (#93-EX0226): SE 1/4 23
          AND SW 1/4 24-08-70; 1/4 MILE SOUTH OF THE INTERSECTION OF COUNTY 
          ROAD 25E AND COUNTY ROAD 54E ON THE WEST SIDE OF COUNTY ROAD 25E, 
          1 MILE NORTHWEST OF BELLVUE; 16.9 ACRES; 2 LOTS; O-OPEN ZONING
          (7-6-93). 

    This  is  a request to divide a 16.9 acre parcel with existing dwelling,
    barns  and  indoor  arena,  into  two  lots of 8.5 acres each for single
    family  dwellings.   Ms.  Evans  provided the background information and
    technical  and  regulatory  issues.   Ms.  Evans  stated  that Staff has
    investigated  several  alternatives  for "separating" the horse boarding
    from  the property and a good solution for resolving this situation does
    not  exist.   Staff  Findings  are:  1)  The proposed Gadsby Ranch Minor
    Residential  Development  is  not  consistent  with the requirements for
    Minor   Residential   Developments   contained  in  the  Larimer  County
    Subdivision  Resolution  concerning  permitted  uses,  and  the proposed
    access  exceeds the County Standard for a dead-end road.  The request is
    consistent  with requirements regarding number of lots requested and lot
    sizes  (Variance  approved  in 1991 with extension granted for 1993); 2)
    The  applicants  want  to  divide their horse boarding facility from the
    remainder  of  the  property  in hopes of obtaining better financing and
    insurance.   They wish to continue operating the horse boarding facility
    as  it  provides  their income; 3) The proposed development takes access
    from  County  Road  25E  at  a  location between two curves.  The County
    Engineering  Department  has  expressed concerns regarding the length of
    the proposed access and whether adequate sight distance is available for
    this  access; 4) The County Health Department has stated that commercial
    livestock  and/or  rodeo  activity  may  create  noise,  odor  and  dust
    complaints   from  adjacent  property,  and  that  mitigation  of  these
    potential  problems  should  be  addressed;  5)  Other various reviewing
    agencies  have  commented  on  this  request and stated no objections if
    certain  conditions  are  met;  6) Approval of the proposed Gadsby Ranch
    Minor Residential Development, with the continuation of the business and
    with  questionable  access,  would  result  in  negative impacts on area
    residences  and  transportation and access.  Staff Recommendation is for
    Denial  of  the  proposed  Gadsby  Ranch  Minor Residential Development.

    Gary  and Nancy Gadsby, applicants, stated that they are requesting this
    land  division  to obtain a good mortgage rate; the horse operation is a
    non-conforming  use  and  such  types  of  operation have a high rate of
    failure,  resulting  in  very high interest rates.  The Gadsby's have no
    intention of creating another building site.  Mr. Gadsby also noted that
    the  adjacent  property  owners  have  no objections to this division of
    land.  Discussion followed. 

    M O T I O N 

    Commissioner  Disney  moved  that  the  Board  take  this  matter  under
    advisement  for  approximately  thirty (30) days to allow time for Staff
    and  the applicants to draft new findings and conditions to mitigate the
    concerns of this request.   

    Motion carried 3 - 0.   

    11.   DOUBLE  L  RANCH  REZONING AND SPECIAL REVIEW (#92-MZ0186): SE 1/4
          21-09-72, ONE MILE SOUTHWEST OF GLACIER VIEW MEADOWS 6TH FILING;  
          116 ACRES; 3 LOTS; RURAL LAND USE DESIGNATION (7-6-93).   

    This  is  a request to rezone from E-Estate to O-Open and Special Review
    to  allow  a guest ranch/retreat center.  Mr. White provided the project
    description and reviewed the major concerns and issues--the main concern
    is  access,  not  the  request  for a guest ranch.  Therefore, Mr. White
    suggested  that  this matter be tabled until a new single plan regarding
    access  and  a new development plan can be determined.  It was noted for
    the  record  that  the  Planning  Commission recommended approval of the
    rezoning  and  special  review with thirteen conditions, based on a plan
    with different access.  

    Bill Wyatt, attorney representing the applicant, reviewed the history of
    this area and addressed the access problem.  Gus Eykholt, Frank Chapnick
    and Paul Porter cited their concerns of environmental impact, the impact
    on  roads,  single  access for firefighters, etc., and offered alternate
    solutions  for  access.   Applicant  Linda  Best  also  commented on the
    suggested tabling of the matter.
    M O T I O N 

    Commissioner  Disney  moved  that  the  Board  take  the  Double L Ranch
    Rezoning  and  Special  Review  under  advisement  to  allow time (until
    September  13,  1993) for  Staff  and  the applicant to solve the access
    problem   and   address  concerns  of  the  Glacier  View  Meadows  Fire
    Department. 

    Motion carried 3 - 0.   

    12.   DEVRIES  ALLEGED  BUILDING/ZONING  VIOLATION:  NE  1/4  5-4-69; SW
          CORNER OF WEST COUNTY ROAD 14 AND LONETREE DRIVE (7-6-93).

    This  alleged  violation is for occupying a garage/storage building as a
    second  dwelling  on  a property, transforming a garage storage building
    into a dwelling without building permits.  Mr. Pedas submitted photos of
    the  site  and letters of complaint to the Board, and reviewed the major
    concerns  and  issues.   The  two  issues  which need to be resolved are
    whether  or  not a second dwelling is permitted and whether the building
    code  has  been observed.  Staff Findings are: 1) The zoning regulations
    allow  only  one  principal  building  per  lot;  2) A garage or storage
    building  on  the  property  was remodeled into a dwelling without first
    obtaining  a  building permit; 3) Any new construction or changes in the
    occupancy  of  a building requires permits and inspections to insure all
    safety   requirements   are  met;  4)  Continued  use  of  the  property
    inconsistent  with the building code requirements and zoning regulations
    may affect property values in the neighborhood. 

    Staff  Recommendation  is  to  find  that  a  violation  exists, require
    compliance  within  30  days,  authorize  legal action if the compliance
    deadline is not met.

    M O T I O N 

    Commissioner  Duvall  moved  that  the  Board  table the Devries Alleged
    Building/Zoning  Violation  until  August  9,  1993  to  allow  time  to
    determine if a zoning violation exists. 

    Motion carried 3 - 0.   

    13.  TUNNICLIFF/ELDER ALLEGED ZONING VIOLATION: 1051 SUTTON LANE, 1 MILE
         SW OF ESTES PARK (7-6-93). 

    This  alleged violation is for remodeling a garage/storage building into
    a   two-family   dwelling  (duplex),  occupying  the  duplex  without  a
    Certificate  of  Occupancy  or  building permit.  Mr. Pedas provided the
    background  information  for the Board and submitted a photo of the site
    and  several  letters of complaint from adjacent property owners.  Staff
    Findings  include:  1)  The  subject  property is zoned E-Estate; 2) The
    E-Estate  District  allows  only  single family dwellings and one single
    family dwelling per lot; 3) The use of the two story building for one or
    two  dwelling  units is not authorized with any building permits; 5) The
    building  is being occupied without any inspections or approvals; 6) The
    original building had several code deficiencies that were never 
    corrected;  7)  Continued  use of the building and property inconsistent
    with  the restrictions of the E-Estate Zoning may affect property values
    in the area.

    Staff  Recommendation  is  to  find  that  a  violation  exists, require
    immediate  compliance,  and  authorize legal action if compliance is not
    attained.   

    Mr.  Bill  Tunnicliff  stated  he  acquired  the  subject  property thru
    foreclosure  as property manager for Veteran's Administration.  A market
    analysis  and systems inspection of all recorded documents of easements,
    restrictions,  etc.,  was  conducted and there was no record of any code
    deficiencies.   Therefore,  Mr.  Tunnicliff  proceeded  with cleanup and
    repair  of  the three occupancy units on the property, which have had an
    existing  use  for  13 years.  Ms. Nancy Brown, adjacent property owner,
    addressed  the  Board  and  stated that the two-story building has never
    been  used  as  a  dwelling  until  purchased by the present owners--the
    building  was  empty  and  used as a garage.  Ms. Mary Tunnicliff stated
    that  there  has  been  occupancy  of  this property and there are three
    separate  meters  for  heat,  utilities,  etc.   Another  neighbor, John
    Kinear, stated the two-story building was rented as an apartment for one
    or two years in the late 1970's, and rented later on for a year; but for
    the  last  10  to  12  years  no  one  has  occupied the building.  This
    gentlemen  has  no  objection  to  the occupancy of the building because
    there  is  a housing shortage in Estes Park.  Mr. Tunnicliff asked if it
    would  solve  the problem if he applied for a Variance from the Board of
    Adjustments,  installed  an  interior stairway, etc.  Chairman Hotchkiss
    advised  this  would  be  determined  by  the BOA.  Discussion followed.

    M O T I O N 

    Commissioner  Disney  moved that the Board find that a violation exists,
    require  compliance  within  sixty  (60)  days, and recommended that the
    applicant apply for a Variance from the Board of Adjustments.   

    Motion carried 3 - 0.   

    14.   WATSON  ALLEGED  ZONING  VIOLATION:  NW  1/4 34-5-70; NORTH END OF
          CARTER LAKE (7-6-93)  

    This alleged violation is for parking travel trailers, busses, and RV's,
    in  an area not approved as a travel trailer park/campground.  Mr. Pedas
    reviewed the major issues and concerns and submitted photos of the site.
    Staff  Findings are:  1) The subject property is zoned T-Tourist; 2) The
    T-Tourist  Zoning  District  allows travel trailer parks through Special
    Review  Approval;  3)  The  indiscriminate  parking  of  travel trailers
    (occupied  or  stored)  is  not an accessory use to a restaurant; 4) The
    continued   use   of  the  property  is  inconsistent  with  the  zoning
    regulations and may affect property values in the area. 

    Staff  Recommendation  is  to  find  that  a  violation  exists, require
    compliance within 30 days, and authorize legal action if the deadline is
    not met.

    Ricki  Watson,  property  owner,  submitted pictures of his property and
    adjoining  properties  and  noted  that  the  bus  on  the site is under
    renovation,  as  required  by  the Health Department.  Mr. Watson stated
    that  another  bus  on the property is temporary and holds the tools for
    the renovation; the RV is occupied by his night watchman but is moved in
    and out twice a day.  Mr. Watson noted that he runs a bar and restaurant
    and many vehicles are left overnight due to over consumption of alcohol.
    Mr.  Watson  requested  clarification  regarding  how  many vehicles are
    allowed and stated he will eliminate the vehicles which are not allowed.

    M O T I O N 

    Commissioner  Duvall  moved that the Board find that a violation exists,
    require  compliance  within  60  days, and authorize legal action if the
    deadline is not met.

    Motion carried 3 - 0.   

    The meeting recessed at 12:10 p.m.  

                          PUBLIC WORKS STANDING MEETING 
                                     (#277) 

    The  Board of County Commissioners reconvened in general session at 2:00
    p.m.  with  Rex  Smith,  Director  of  Public  Works. Chairman Hotchkiss
    presided;   Commissioners  Duvall and Disney were present.  Also present
    were:   Bill Gordon, County Administrator, and Bill Heiden, Director and
    Dale  Miller, Assistant Director, Road and Bridge Department.  Recording
    Clerk, D. Lord. 

    The  first  item  on  the  agenda  was  the Water Augmentation Agreement
    between  the  County and the Platte River Power Authority to provide for
    the  augmentation  of  100 acre feet annually for the Strang Gravel Pit.
    Mr.   Miller  explained the reason for the agreement and the benefits to
    the County. 

    MOTION  

    Commissioner Disney moved that the Board approve the following document:

    A93-123  AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE
             PLATTE RIVER POWER AUTHORITY FOR 100 ACRE-FEET OF WATER ANNUALLY   
             AS AUGMENTATION WATER FOR THE STRANG GRAVEL PIT.   

    The motion carried 3 - 0.   

    Mr.  Heiden  explained  to  the Board that over the years the County has
    accepted the responsibility for upkeep on various public access roads in
    sub-divisions  approved  many  years  ago.   The Department is currently
    updating  and  attempting  to standardize the agreements with several of
    these  developments  to  address  both fiscal and implied responsibility
    issues.   Two  of  the  agreements  are tentatively scheduled for action
    within  the near future.  The first item discussed was an agreement with
    Lockland  Park  regarding  the  public access road.   The subdivison has
    agreed  to pay half the costs of paving the main road and the total cost

    of  paving  the  three cul-de-sacs in Lockland Park.  The second project
    would  be  in cooperation with the city of Fort Collins and the Colorado
    Department  of  Highways  to  locate a weather monitoring station at the
    same  site  as  the  new  bridge  north  of  Fort Collins on 287.  After
    discussion,  the  Board agreed that the standardization of the agreement
    process,  as  well  as  the  responsibility implications carried over by
    decisions  of  past Boards, was progressing in the right direction.  The
    specific  agreements will be discussed in more detail when completed for
    Board  action.   CONSENSUS OF THE BOARD was NOT to accept tree limbs, or
    other wind-caused debris FREE at the Landfill.  

    There  being  no  more  business,  the meeting was recessed at 3:00 p.m.

                   MEETING REGARDING URBAN DISTRICT PRIORITIES  
                                     (# 277)

    The  Board  of  County  Commissioners reconvened at 3:10 p.m. in general
    session  with Jane Uitti, Urban District Liaison with Colorado Counties,
    Inc.  Chairman Hotchkiss presided;  Commissioners Duvall and Disney were
    present.  Also present was Bill Gordon, County Administrator.  Recording
    Clerk, D. Lord. 

    Ms.  Uitti explained that she was visiting urban counties to discuss the
    issues  that  each  of  the counties believed were most critical to them
    prior  to  the  August meeting in which the top priorities for proactive
    legislative  and  administrative  activities the Colorado Counties, Inc.
    should  focus  for next year.  She refered to the memorandum of June 16,
    1993  from  Ron  Stewart,  President of CCI, in which five categories of
    issues  were  identified for prioritization as the basis for the meeting
    agenda. 

    Commissioner    Disney   identified   Social   Services   Restructuring;
    Conservation/Easement  issues;  Property  Tax  Revision;  Transportation
    funding   equity;  and,  Subdivison  regulation  of  35+  acres  as  his
    priorities.  Chairman  Hotchkiss added Ag definition for property taxes;
    Change  in  abatement  interest  from  1%  per  month; Vacating obsolete
    subdivisions  (reintroduction  of  SB  1285);  and,  Clarification  that
    issuance  of  a  tax  deed  or  division  of property for tax assessment
    purposes  does  not  legally  subdivide  property.   Commissioner Duvall
    agreed with the above priorities, but asked for emphasis to be placed on
    Domestic  violence  monitoring  and  that  funding  for  the  program be
    redirected  from  the State General Fund back to the counties to pay for
    the  program.   Commissioner  Duvall  also  recommended  uniform generic
    application  forms  for all HHS Agencies and a need to reduce the number
    of  abatements.   There  was  consensus  also  on  consolidating Special
    Districts.  

    The  Commissioners  commended  CCI  for  the new direction and expressed
    support for the activities of the organization. 

    No  action  was  taken  and  the  meeting  was  adjourned  at  4:10 p.m.

    WEDNESDAY, JULY 7, 1993 

                             ADMINISTRATIVE MATTERS 
                                     (#280) 

    The  Board  of  County Commissioners met at 9:30 a.m. in regular session
    with  Bill  Gordon,  County Administrator.  Chairman Hotchkiss presided;
    Commissioners  Disney  and  Duvall  were present.  Also present were the
    following  members of the Customer Service Team: Len Bammer, Director of
    Fleet  Management,  John  MacFarlane,  Parks  Director,  Jeannine  Haag,
    Assistant   County  Attorney;  and  Wayne  Lawler,  Facilities  Manager.
    Recording Clerk, S. Graves. 

    1.   STATUS  OF  CUSTOMER  SERVICE  TEAM SURVEY: The Committee requested
    direction  from the Board regarding conducting an External Survey and if
    monies  will  be  appropriated  for  same.   The  Survey will attempt to
    determine  how  Larimer  County  is  doing  with  the services currently
    provided and also educate the public regarding what services are offered
    and  have  them  rank  these services as to importance.  The Survey will
    help  set  priorities  for  the  future.   CONSENSUS OF THE BOARD was to
    authorize  the  expenditure  of  up  to  $5,000 for the Customer Service
    External  Survey,  monies  to be derived from the Commissioners' Special
    Projects  Fund.   The Committee Members stated that a Status Report will
    be brought before the Board before October 15, 1993.

    2.  APPOINTMENTS TO OFFICE ON AGING ADVISORY COUNCIL:   

    M O T I O N 

    Commissioner  Disney  moved  that  the  Board  appoint  Laurel Kubin and
    Marjorie  Drew  to  the  Office  on Aging Advisory Council, both to fill
    unexpired terms which expire on December 31, 1993.  

    Motion carried 3 - 0.   

    3.  APPOINTMENTS TO ENVIRONMENTAL ADVISORY BOARD:   

    M O T I O N 

    Commissioner  Disney  moved  that the Board appoint the following to the
    Environmental  Advisory  Board:  Jim Meiman, Claudia Regan, & Ken Ashley
    for  a  One-year  term  ending  July 31, 1994; Mark De Gregorio and Deni
    LaRue  for  a Two-year term ending July 31, 1995; Chris Bolton and Chris
    Lembcke  for  a  Three-Year Term ending July 31, 1996; and Eric Sharp as
    Alternate for a One-Year Term ending July 31, 1994. 

    Motion carried 3 - 0.   

    It  was  noted that the Loveland City Council has appointed Patricia Ann
    Spaine  and  Fort  Collins  has selected Will Smith to the Environmental
    Advisory Board. 

    4.  COMMISSIONER'S REPORTS: 

    -- Commissioner Duvall requested assistance in determining the status of
    the many projects which have been requested from the various departments
    within  the  County.   Mr.  Gordon  and Commissioner Duvall will work on
    prioritizing this list. 

    5.  WORKSESSION:

    --    Dr.  Keith  Olson, Mental Health Executive Director, has requested
    Board approval to increase client rates from $85 to $89 per hour session
    effective  July 1, 1993.  Dr. Olson stated this rate change is necessary
    to reflect the change in State and Medicaid rates.  

    M O T I O N 

    Commissioner  Duvall moved that the Board approve the increase in client
    rates  for  the  Mental  Health Center from $85 to $89 per hour session,
    effective July 1, 1993. 

    Motion carried 3 - 0.   

    --  Loyd  Berry,  Larimer  County Agronomist, has requested the Board to
    accompany  the  Weed Advisory Board Members on a tour to view the extent
    of  Larimer  County's  weed  problems and is attempting to schedule this
    tour  at  the  Board's  convenience.   Commissioners  Disney  and Duvall
    expressed  interest  in the tour; Mr. Gordon will make the arrangements.

    --  Mr.  Gordon  advised  the  Board  that the date of July 14, 1993 for
    "Brats  on  the  Barbie", fundraiser for United Way, will be rescheduled
    because  so  many  of  the elected officials will be unable to attend on
    that date.  

    --   Rhonda  Ross,  United  Way Coordinator, has requested authorization
    from  the  Board  to  purchase  forty  (40)  t-shirts for the United Way
    Volunteers--approximately $240.  CONSENSUS OF THE BOARD was to authorize
    the  expenditure  of  $240  for  t-shirts for the United Way Volunteers,
    monies  to  be  derived  from  the Commissioners' Special Projects Fund.

    --  Discussion  was  held  with Mr. Lawler regarding the purchase of two
    lots immediately adjacent to the north of Blue Spruce for the purpose of
    potential  future  expansion and parking.  Commissioner Duvall expressed
    interest  in  reviewing other alternatives and in determining what other
    expansion  needs  the County will have in the future.  After discussion,
    the Board directed Mr. Lawler and Mr. Gordon to compile a list of future
    expansion needs and plans.  

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

    M O T I O N 

    Commissioner  Duvall  moved  that  the Board approve the Minutes for the
    week  of June 28, 1993, and the Agenda for the week of July 12, 1993, as
    submitted.  

    Motion carried 3 - 0.   

    M O T I O N 

    Commissioner Duvall moved that the Board approve the following Petitions
    for  Abatement,  as  recommended  by  the County Assessor, Steve Miller:
    Automated  Business Svs; Advanta Leasing Corp; Vector Sports; David/Kris
    Creager;  William & Joan Van Horn; Joan Van Horn; James/Nancy Schroeder;
    Everett/Mary   Yarber;  Thomas/Sharon  Carson;  Harvey/Marjorie  Penner;
    Don/Jocelyn  Carstens;  Robert/Jannette  Monson;  Alfred/Helen Thompson;
    Stanley/Suzanne   Brines;   John/Patricia  Rogers;  Larry  Nicolai;  and
    Dieter/Linda Bothe. 

    Motion carried 3 - 0.   

    M O T I O N 

    Commissioner  Duvall  moved  that  the  Board  approve  a Second Amended
    Cottonwood Farms Exemption. 

    Motion carried 3 - 0.   

    LIQUOR  LICENSES: A License was issued to Indian Meadows Lodge - 6% WITH
    EXTENDED  HOURS  -  Bellvue,  CO.  County Approval was granted to Rustic
    Liquors  - 6% - Bellvue, CO; Rustic Resort - 6% - Bellvue, CO; Southwest
    Liquors  -  6%  -  Loveland,  CO;  Waive of Hearing for a Special Events
    License  for  the  State  Board  of  Agriculture  for the Colorado State
    University,  Greater  Ram  Club Spirit Committee, Hughes Stadium Parking
    Lot,  Fort  Collins,  CO.  on  September  4, September 11, September 18,
    October  9, and October 30, 1993 for a 3.2% SPECIAL EVENTS PERMIT; and a
    Waive   of  Hearing  for  a  Change  of  Ownership  for  Horsetooth  Inn
    Corporation  dba  The Horsetooth Inn, 5918 Lakeview Drive, Fort Collins,
    CO. for a 6% Tavern License.

    M O T I O N 

    Commissioner   Duvall   moved  that  the  Board  approve  the  following
    documents:  

    A93-124  EASEMENT AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND   
             U.S. WEST COMMUNICATIONS, INC. 

    C93-36   CONTRACT FOR STATE REIMBURSEMENT OF CLEAN UP COSTS FOR LEAKING 
             UNDERGROUND STORAGE TANKS BETWEEN THE BOARD OF COUNTY  
             COMMISSIONERS AND THE STATE OF COLORADO, DEPARTMENT OF HEALTH  

    Motion carried 3 - 0.   

    The meeting recessed at 10:45 a.m.  

                WORKSHOP ON MAIL BALLOT AND COORDINATED ELECTIONS   
                                     (#281) 

    The  Board  of  County  Commissioners reconvened at 1:30 p.m. in general
    session  with  Myrna  Rodenberger,  County Clerk and Recorder.  Chairman
    Hotchkiss  presided;   Commissioner  Duvall was present and Commissioner
    Disney  was  attending  a meeting in Estes Park.  Also present were Bill
    Gordon,  County  Administrator,  and  Nancy Lubinski, Elections Division
    Supervisor.  Recording Clerk, D. Lord.  

    Ms. Rodenberger explained that the reason for the meeting was to discuss
    the  implementation  of  a  mail  balloting  system  for  Larimer County
    elections.   She  said  that  she  preferred  not  to implement the mail
    balloting  system  for  1993 for the following reasons:  1)  The current
    system  is  in  place  for regular balloting for the fall elections;  2)
    There  is no cost advantage to revising the system immediately, however,
    there  are  distinct  disadvantages  in  terms of staff time and initial
    procurement  of  equipment,  in addition to the lack of space in current
    county  space  to  process the ballots; and, 3) the technology to set up
    the  mail  balloting,  including the purchase, installation and training
    for scanning equipment to process the ballot envelopes.  Ms. Rodenberger
    stated  that  the  Board  must make the final decision, however, she was
    recommending  that elections be held at polling sites for the balance of
    1993.  The Board agreed to accept her recommendation.   

    Ms.  Rodenberger  then  discussed  coordinated elections, as mandated by
    Amendment  1.   The new law calls for the County Clerk to coordinate all
    elections,  general  issues, city, special district, and school district
    elections  to  be  held on the first Tuesday in November of odd-numbered
    years.   This  year  issues  of  the  city of Loveland, the city of Fort
    Collins,  School  District  elections,  and  one or two special district
    issues  that  may  be forthcoming from the county will be on the ballot.
    Chairman  Hotchkiss  asked  if  there  was  a  problem with the election
    budget,  given  the  mandate.   Ms.  Rodenberger stated that there was a
    carry-over  from  a  prior  election, and that the various entities that
    would  be placing issues on the ballot will be asked to pay their actual
    costs,  as before.  The Board agreed with this procedure for billing for
    election services.  

    Ms.  Lubinski  distributed  a  sample  format  for  the Sample Ballot in
    response  to  the mandates of the Tabor Act regarding the publication of
    the  Pro  and  Con  statements for ballot amendments.  She explained the
    format  that  would  have  to  be followed, including the acceptance and
    summary  of  comments  received  for  publication by the County Election
    Division.   The sample booklet format was discussed and the Board agreed
    that  this  suggestion  was an acceptable method to address the mandate,
    and  instructed  Ms. Rodenberger to proceed in her investigation of cost
    factors, printing resources and distribution.   

    There  being  no  more  items,  the  meeting  was  recessed at 2:15 p.m.

                      DEHYDRATOR EMISSION TASK FORCE REPORT 
                                   (#281/283)   

    The  Board  of  County  Commissioners reconvened at 3:00 p.m. in general
    session  with Maggie Carter, Facilitator of the Dehydrator Emission Task
    Force.   Chairman  Hotchkiss  presided;  Commissioner Duvall was present
    and  Commissioner  Disney  was  attending a meeting in Estes Park.  Also
    present  were:   Bill  Gordon,  County  Administrator;  Larry  Johnston,
    Director  of  Environmental  Health;  Roy  Cole,  Robert  Graves, Harvey
    Kittel,  Debby  Morgan,  Mary Lou Schmunk, and Karen Schneller-McDonald,
    members  of  the  Dehydrator  Task  Force.   Recording  Clerk,  D. Lord.

    Maggie Carter, Facilitator of the Task Force, presented the Board with a
    written   Consensus   Statement,   with   an   opening  statement,  five
    recommendations  and  an  outline  for a suggested COMMUNITY OBSERVATION
    STUDY.  The Chairman accepted the report on behalf of the Board and both
    the  Chair  and Commissioner Duvall expressed their appreciation for the
    time  and  effort  all  members  of  the  task  force  expended on their
    assignment. 

    The  recommendations and follow-up activities of the county and the task
    force  were discussed.  Ms. Carter expressed the Task Force's wish to be
    involved  in  the  Community  Observation Study, if the Board decides to
    initiate  it.   Mr.  Johnston  said that some of the recommended actions
    would  be  a part of the discussion of the Emissions Inventory Committee
    on July 13, and may be addressed by that group. 

    After  a  general  discussion, Chairman Hotchkiss accepted the report of
    the  Dehydrator  Task  Force as an interim report, and declared a 30-day
    grace period during which time the Board and Dr. Johnston will determine
    how these recommendtions can be implemented.

    No  further action was taken, and the meeting was adjourned at 4:15 p.m.




                                            ________________________________
                                            COURTLYN W. HOTCHKISS, CHAIRMAN 
                                            BOARD OF COUNTY COMMISSIONERS   
    ( S E A L ) 

    ATTEST: 



    ________________________________________
    Sherry E. Graves, Deputy County Clerk   



    ________________________________________
    Dolores Lord, Deputy County Clerk