Elk in Rocky Mountain National Park
 

PROCEEDINGS OF THE BOARD OF COUNTY COMMISSIONERS

MONDAY, OCTOBER 17, 1994

SUBDIVISIONS

(#141 & #134 @ 3500)

The Board of County Commissioners met at 9:00 a.m. in regular session with John Barnett, Director of Planning. Chair Duvall presided; Commissioners Disney and Hotchkiss were present. Also present were: Russ Legg, Chief Planner; Jerry White, Zoning Administrator; Al Kadera, Subdivision Administrator; Rex Burns, Engineering; Jerry Blehm, Environmental Health; and Jeannine Haag, Assistant County Attorney. Recording Clerk, S. Graves.

Mr. Barnett informed the Board that the Eagle Kennels Special Review (#94-ZR0467) and the Lake Country Estates (#94-MS0426) have been withdrawn. Mr. Barnett requested the Board to table the Patterson Planned Unit Development (#94-MS0503) and the Wyndham Hill Planned Unit Development (#94-MS0428) until January 9, 1995; and to table the Lindacre Minor Residential Development (#94-EX0488) until November 21, 1994.

M O T I O N

Commissioner Disney moved that the Board table the Patterson Planned Unit Development (#94-MS0503) and the Wyndham Hill Planned Unit Development (#94-MS0428) until January 9, 1995; and table the Lindacre Minor Residential Development (#94-EX0488) until November 21, 1994, as requested by Mr. Barnett.

Motion carried 3 - 0.

1. CARTER LAKE ENTERPRISES SPECIAL REVIEW (#94-ZR0469):

N 1/2 NE 1/4 22-06-70; WEST OF COUNTY ROAD 27 AND SOUTH

OF COUNTY ROAD 32 APPROXIMATELY 1/2 MILE SOUTH OF

MASONVILLE; 52 ACRES; O-OPEN ZONING (10-17-94)

This is a request to expand quarrying operations by expanding the active mining area and extending hours of operation. Mr. White stated that a Public Hearing was held before the Board of County Commissioners on this item on September 12, 1994 and, at that time, was tabled until today to allow the staff time to work with the applicant and "incorporate clarifications regarding noise mitigation, planting of trees, and a detailed reclamation plan into the conditions for approval". Mr. White noted that the Planning Commission recommendation of August 17, 1994 is for denial of the request to designate 20 acres as a mining area; approval of the request to allow mining of the South Quarry; and approval of the yard area, North Quarry (including fueling area), South Quarry, and the connecting roadway, with numerous conditions. The staff recommendation is the same with the exception that they recommend denial of the request to allow mining of the South Quarry.

Mr. White stated that the applicant has submitted additional information responding to the comments of the public and the Board at the previous hearing and the conditions for approval, and the conditions as modified during today's hearing, of the yard area, North Quarry (including fueling area), and the connecting roadway, are as follows: 1) The days of mining activity will be Monday through Friday. The hours of mining activity will be from 8:00 a.m. to 6:00 p.m. There will be no mining activity on Saturday and Sunday. The activities allowed on Saturday will include maintenance of equipment or other work that does not produce unreasonable noise. Unreasonable noise is defined as bulldozing, stone cutting, grading, blasting, or use of other machinery that creates disturbing noises. Exceptions to the above are: A) During the months of June, July and August, mining activity will be allowed from 7 a.m. to 5 p.m. This exception recognizes the hot weather working conditions of quarry workers and that residents of the area will not be disturbed after 5 p.m.; B) During the months of December, January and February, mining activity may occur two Saturdays per month to allow for work days lost due to inclement weather. This exception is only weather related and should not be construed that mining activity will occur two Saturdays per month. Weekdays which are major holidays shall be considered the same as Saturdays and Sundays, for activities that are allowed on site; 2) Conditions on road impacts and traffic are: a) No parking, loading, or unloading of any vehicles will be allowed within the county right of way; b) Trucks shall not back onto the county road; c) All trucks will be subject to existing state statutes for maximum weight. No overweight permits will be issued and Larimer County reserves the right to spot check weight on loaded trucks; d) The applicant is responsible for prompt, complete removal of any material that spills onto the roadway; 3) Conditions on reclamation: a) Reclamation must be accomplished in accordance with the plans and information submitted by the applicant, including that attached to this report; b) The applicant and any subsequent owner or operator shall reclaim all existing and future quarry areas in accordance with the requirements of the Colorado Mined Land Reclamation Act and the specific provisions of the reclamation plan hereby approved by the County; c) Applicant shall provide additional information requested by the County Forester; d) Tree planting to provide a visual screening of the quarried areas shall be provided by the quarry operator. The County Forester shall review and approve the plans, including types of trees to be planted. Trees shall be properly maintained, and shall be replaced within one growing season if they die; 4) All conditions of approval shall apply to present and future quarry operators, owners, employees, agent and contractors; 5) Within 30 days after the date of approval, the perimeters of the yard area, North Quarry and South Quarry, as shown on the mining plan, shall be prominently posted with permanent identification posts or monuments. Mining activities shall not occur outside the posted area (including vehicle storage, maintenance, stockpiles, cutting, rubble piles, etc.) The County Planning Department shall be provided a plan showing the location of each monument, within the same 30-day period; 6) Rubble shall not be placed where it will interfere with natural drainage or existing creeks; 7) Rubble shall not be allowed within any public right-of-way; 8) Any blasting shall be conducted Monday through Friday, between 9 a.m. and 3 p.m., utilizing methods which cause the least amount of disturbance. No removal of overburden by blasting shall occur; 9) Operators shall keep equipment, pallets, vehicles, and trash located in a way that they are least visible from outside the property. Trash shall be properly disposed of; 10) The site shall be used primarily as a wholesale outlet; retail sales shall not exceed 2% of the total gross sales; 11) The stone cutter shall be located and operated in a manner that best minimizes the visual and noise impacts from its operation. To accomplish this, a physical sound barrier, such as large straw/hay bales or other adequate barriers, must be placed between the cutter and adjacent residences; 12) The applicant shall submit to inspections by the Loveland Rural Fire Protection District to insure compliance with the applicable provisions of the Uniform Fire Code; 13) Applicant shall comply with County Health requirements regarding placement of a portable restroom facility on-site, which shall be located behind the stone wall in the fuel area. No over-night occupancy shall occur on the site; 14) The quarry operation and reclamation shall be consistent with the plans as submitted, unless otherwise modified by these conditions; 15) This approval shall be null and void if, at any time after the date hereof, the subject mining operation substantially ceases for any period of 3 consecutive years; 16) The total disturbed area, including active mining, reclaimed areas and areas undergoing active reclamation and all accessory uses, shall be limited to a total of 7.5 acres, as submitted in the State application, with one acre of actual quarrying. All active mining shall be conducted within the boundaries of the historic North and South quarries; 17) The applicant shall notify the Zoning Administrator in writing upon approval of this special review and thereafter annually by December 31st, of the progress and status of mining and reclamation on the site. Such notification shall identify the following: areas of active quarrying, areas that are eligible for reclamation, areas in the process of filling and/or grading, areas that have been filled and/or graded, areas awaiting or in the process of being planted, areas where reclamation work has been completed, and any change in the placement of the stone cutter. The applicant's notification shall be accompanied with maps or diagrams to illustrate the location of such areas. The applicant shall allow the Zoning Administrator access to the site for periodic inspections to insure compliance with the conditions of approval.

Much discussion followed relevant to questions raised by the Board concerning monitoring, retail sales, etc. Lucia Liley, attorney representing the applicant, clarified for the Board the original request of the applicant and the three conditions which they have focused on since the hearing on September 12, 1994; namely, 1) an expanded definition of the stone cutter operation; 2) trees have been planted to meet the tree condition; and 3) the reclamation plan, which includes a voluntary reporting requirement. Ms. Liley submitted a map of the area showing the north and south quarry boundaries and noted that the condition regarding the inclement weather was arrived at after numerous meetings and negotiations with the most-impacted neighbors. With regard to the question about the retail sales, Ms. Liley noted that most of the sales are to surrounding neighbors and represent minimal sporadic sales - $1,000 in sales out of $221,000 gross annual sales. Ms. Liley stated that the applicant's request is not for an expansion of the quarry, they are simply trying to bring under the special review umbrella a large list of tighter conditions for the current operation, which are not included in the '85 permit. Bob McGlassen, Joe Thomas, and an unidentified woman addressed the Board and asked further questions about the reclamation plan, the conditions of the '85 permit, etc.

At this time, the public testimony portion of the hearing was closed and opened for Commissioner's comments. Commissioner Disney noted that his concern about the retail sales has been satisfied and he is comfortable with the recommendation of the Planning Commission; he stated that as development occurs, they are seeing a mixed use in this area and he thinks that small businesses, such as this one, are the backbone of this country. Commissioner Hotchkiss stated it would be nice if there was no mining out there, but there is and has been for over 100 years; we must recognize that changes do occur over time and Glades West is there now and more minor residential developments have been approved which haven't even been built yet. He stated he also plans to support the recommendation of the Planning Commission as he is for "reasonable, small mining operations with a steady, conscientious effort for reclamation". Chair Duvall stated she supports the staff recommendation as she thinks that when an area is depleted, we need to see a demonstration of the mined area itself before we open up other areas for mining. She stated that the county needs to carefully pin down what the 2.5 acres means - does it apply to only the disturbed areas. Mr. White responded that it includes only the area being mined and the area being reclaimed, it does not include staging areas, parking or stacking areas, processing, cutting, or fuel areas. Mr. Barnett stated that we need a designation of 2.5 acres for active mining and reclamation and also need a total disturbed area figure to become part of the condition.

M O T I O N

Commissioner Hotchkiss moved that the Board adopt the Staff Findings and Planning Commission Recommendation of August 17, 1994 and approve the Carter Lake Enterprises Special Review, with the conditions as amended and outlined above.

Chair Duvall moved that the motion be amended to change Condition #16 to include a definition of the total disturbed area to 7.75 acres, as submitted in the State application, with one acre of actual quarrying.

Motion carried 2 -1; Chair Duvall dissenting.




2. DISCUSSION ITEM - BERTHOUD LAKE RANCHETTES FINAL PLAT REVIEW:

Mr. Kadera reviewed the history of the Berthoud Lake Ranchettes and noted that the purpose of today's discussion is to inform the Board of the issues remaining to be resolved. Mr. Kadera stated that the Preliminary Plat has been conditionally approved and the developer is working on those conditions. The developer, Mr. Sparks, requested today's hearing before the Board as he feels he is close to getting approval of his subdivision; however, there may be a difference of opinion from the Town of Berthoud, which has review responsibilities for the water and sewer system. Mr. Kadera noted that as the Town of Berthoud will be providing these utilities, they have a statutory right and/or obligation to protect their water supply and have input as far as the drainage plan is concerned..

Bob Lord, Consulting Engineer representing the developer, noted that it is Mr. Sparks intention to comply with all the conditions and intends to build a quality development. Mr. Burns addressed the storm water drainage concerns. Ms. Lenahan, Berthoud Town Administrator, stated they have been working on this project since 1987 and are closer today than they have ever been to getting approval and standards met to the town's specifications; however, they are concerned about the raw water quality. Ms. Lenahan stated that a five-page letter listing the areas of concern was sent to Mr. Sparks on August 2, 1994; the town had not received any correspondence back, or any contact from Mr. Sparks, until a week ago Friday when plans were presented and subsequently sent to their engineering firm for review. Their engineer has not completed his review of those plans, so she cannot say if they will be acceptable to the Town of Berthoud. Ms. Lenahan stated that until the issues listed in the August 2, 1994 letter have been resolved and addressed in writing, the Town of Berthoud cannot support this project.

Mr. Blehm addressed the water concern and stated that in 1987 there was very specific documentation regarding this item in which the County acknowledged the storm water drainage, the sanitary sewer, the potable water supply, etc. in this area. At that time, the administration of this county, on the advice of the staff, felt it was absolutely critical that the Town of Berthoud be aware and have approval authority for storm drainage; they accepted that charge willingly and as utility providers have statutory authority to require specific, technical requirements and statutory authority to protect that drinking water supply. In summary, Mr. Blehm recommended that the Town of Berthoud, because of the absolute critical nature of the raw water storage and because of their statutory obligations to meet all kinds of drinking water standards, have approval authority on the storm water drainage plan for this subdivision. Mr. Blehm further recommended that when all conditions have been met, and the county has a letter from the Town of Berthoud stating they approve the storm drainage plan, then and only then, should the County approve the proposal; the Board concurred with this recommendation.


3. REQUEST FOR APPROVAL OF FINAL PLAT AND SUBDIVISION IMPROVEMENT AGREEMENT FOR CRESTVIEW ESTATES:

M O T I O N

Commissioner Disney moved that the Board approve the Final Plat and the Subdivision Improvement Agreement for Crestview Estates Subdivision, and authorize the Chair to sign both documents.

Motion carried 3 - 0.

A94-152 SUBDIVISION IMPROVEMENT AGREEMENT BETWEEN THE

BOARD OF COUNTY COMMISSIONERS AND ROGER HASS,

SUSAN HASS, AND GLORIA COALSON FOR CRESTVIEW

ESTATES SUBDIVISION

The meeting adjourned at 11:00 a.m.

TUESDAY, OCTOBER 18, 1994

PUBLIC WORKS STANDING MEETING

(#142)

The Board of County Commissioners met at 9:30 a.m. in regular session with Rex Smith, Director of Public Works. Chair Duvall presided; Commissioners Disney and Hotchkiss were present. Also present were Bill Heiden, Director Road and Bridge; Dick Anderson, Facilities Manager; Bob Keister, Budget Manager; and Frank Lancaster, Interim County Administrator. Recording Clerk, S. Graves.

1. Request to Purchase Truck to replace Truck #189: Mr. Heiden requested Board approval to purchase a tandum dump truck to replace a truck which was recently involved in an accident and considered a total loss by Risk Management. Mr. Heiden noted that the new truck will cost approximately $90,000 and by using the insurance proceeds of $27,400 from the old truck, $11,000 from the Capital Outlay Fund, and $51,600 from the Road & Bridge fund balance for 1994, they will have the necessary funds to purchase the new truck. Discussion followed; the Board requested Mr. Heiden to look into and consider the possibility of purchasing a used truck.

M O T I O N

Commissioner Disney moved that the Board authorize the expenditure of $51,600 out of the Road and Bridge fund balance for 1994 for the purchase of a tandem dump truck, to replace Truck #189 which was recently involved in a wreck, as requested by Mr. Heiden.

Motion carried 3 - 0.

2. Request to Purchase Primary Crushing Equipment: Mr. Heiden also requested approval from the Board to transfer $200,000 from the Road and Bridge fund balance to the Capital Outlay Fund for the purchase of a primary rock crusher and power unit. Mr. Heiden noted that during the past six months, his department has rented similar equipment for $14,000 per month, resulting in a total expenditure for the year of $98,000; if they continue to rent this equipment, they can expect the same if not greater expense in 1995 and each year thereafter. Mr. Heiden noted that the rental of a crusher was an experiment which proved very successful; they wanted to see if it would be more cost effective to do the crushing themselves rather than buy and haul gravel long distances. Mr. Heiden stated that his department cannot maintain their efficiency unless they start doing some things differently than they have in the past and the purchase of this crusher will pay dividends and this same amount will be paid out in rent in two years. Chair Duvall asked why this request wasn't included as a decision package in the Road and Bridge budget request for 1995; Mr. Heiden responded that it was referenced in the budget request noting they would be collecting more information to bring to the Board later. Mr. Smith informed the Board that this expenditure would be in lieu of spending rental money, which is included in the budget for next year. After further discussion, the Board requested Mr. Keister and Mr. Lancaster to put a pencil to this request to calculate the return investment, work with Mr. Heiden to determine if it is to the county's benefit to make this investment, and return to the Board with a cost benefit analysis.

3. Response on Closure of County Road 23 (Centennial Drive): Mr. Smith stated he received a call from Doug Hittle, resident south of Dixon Dam, expressing his concern about the closing of CR 23 during the winter months and he asked that the Board reconsider the winter closure and consider an event (when it snows) closure. The pros and cons of this request were discussed. Mr. Smith's recommendation to the Board is that the road be closed during the winter months; the Board concurred.

The meeting recessed at 10:10 a.m.

ADMINISTRATIVE MATTERS

(#142 @ 2000)

The Board of County Commissioners reconvened at 10:15 a.m. with Frank Lancaster, Interim County Administrator. Chair Duvall presided; Commissioners Disney and Hotchkiss were present. Also present were the Principal, Counselor, and Students from Irish Elementary School; Lauri Klith and Representatives from the Sheriff's Department; Dick Anderson, Facilities Manager; John Barnett and Gayle Morgan, Director and Staff Services Manager of Planning; Neil Gluckman, Assistant County Administrator; and Donna Hart, Assistant to the County Administrator. Recording Clerk, S. Graves.

1. PROCLAMATION FOR RED RIBBON WEEK - OCTOBER 23 - 31, 1994: The Board moved into the Commissioner's Hearing Room to proclaim the week of October 23-31, 1994 as "Red Ribbon Week". Chair Duvall read the Proclamation aloud and students from Irish Elementary School presented red ribbons to the Board.

M O T I O N

Commissioner Hotchkiss moved that the Board of County Commissioners proclaim the week of October 23-31, 1994 as Red Ribbon Week to encourage its citizens to participate in drug prevention education activities and to make a visible statement that they are strongly committed to a drug-free community, and authorize the Chair to sign the Proclamation.

Motion carried 3 - 0.

2. APPOINTMENT OF COUNTY MANAGER:

M O T I O N

Commissioner Disney moved that the Board of County Commissioners proudly and happily appoint Frank Lancaster to the position of County Manger.

Motion carried 3 - 0.

At this time, Commissioner Hotchkiss left the meeting.

3. DISCUSSION REGARDING REMODELING FOR PROBATION: Mr. Anderson presented a sketch of the proposed plans for the window separation needed to provide security for the Probation Department Waiting Room/Clerical Area. Mr. Anderson noted that capital dollars are not usually invested in a building that is not owned by the county; however, in this case he thought it would be good to show support to Probation by agreeing to this expense and monies for this expenditure ($2,200) are available in his budget; CONSENSUS OF THE BOARD was to approve this expenditure.

4. PLANNING DEPARTMENT REQUEST FOR BUDGET INCREASE: Ms. Morgan provided an update on the expansion of the Planning Department into the hallway, as suggested by the Board previously as a measure to keep the department in the Courthouse. Ms. Morgan stated that additional funds of $10,235 are needed for furniture, chairs, file cabinets, office supplies, telephone installation, etc.; she noted that monies for this expenditure are available in the Facilities Manager's budget and he is agreeable to using those funds for this expansion. CONSENSUS OF THE BOARD was to agree to the use of funds in the Facilities Budget for the Planning Department expansion.

5. APPOINTMENTS TO THE OFFICE ON AGING ADVISORY COUNCIL:





M O T I O N

Commissioner Disney moved that the Board approve the appointments of Jean Peterson and Ellen Long to the Office on Aging Advisory Council, each for a three-year term ending June 30, 1997.

Motion carried 2 - 0.

6. WORKSESSION:

-- Capital Outlay Request Omission: Mr. Lancaster informed the Board that the capital outlay request for building inspection was omitted by the Commissioner's Office in the budget request. Mr. Lancaster noted they are asking for continuation of the Clerk for extra building inspections and the request is self-funded; therefore, the revenues will cover the cost.

-- Budget Hearings: Mr. Lancaster asked the Board if he should schedule the budget hearings before or after the election; due to the very busy schedule of the Board in the next few weeks, they suggested the hearings be held after the November 8, 1994 election.

-- Northern Colorado Triangle Group: Mr. Lancaster received a letter from the northern Colorado Triangle Group, which is working on a land use plan, asking Larimer County to participate financially; our share would be $6,000, this amount calculated by population. Chair Duvall stated that her understanding was that these monies would be matched with a Kellogg Grant and used to look into how our urban area can grow and still maintain our agriculture and natural resource area. Commissioner Disney thought this group was doing a study and he thinks there have been enough studies; Mr. Lancaster noted that they are further along than that, the project is defined, the budget set and detailed how the money will be spent, and the work is to be done in six months. As the Board is unclear about the project, they directed Mr. Lancaster to respond to the Group that the Board wants to participate but they need more clarification before allocating money to the Group.

-- Imaging for Clerk & Recorder's Office: Mr. Lancaster stated that the subject of imaging needs to be clarified with the Clerk and Recorder as currently there is a miscommunication about this subject. Mr. Lancaster noted that Ms. Rodenberger is under the impression that this matter has been decided for sure, they have put out the requests for proposals, and Mr. Stokes, Director of Information Management, is planning to come to the Board in November with a recommendation. If this has not been decided upon for sure, Mr. Lancaster stated that the Board needs to inform the Clerk and Recorder immediately; Commissioner Disney indicated he wants to continue the commitment to support it. Chair Duvall is not comfortable going ahead with this until there is a clear understanding among all the parties. In the meantime, they will let the Clerk & Recorder know it is not a "done deal" before they move any further and they will put imaging on hold until November when Mr. Stokes plans to make his presentation to the Board.

-- Numbering of Agreements: Discussion ensued regarding how the Clerk to the Board should handle the agreements (under $5,000) which Mr. Lancaster will sign in the future and will not come before the Board for approval and the Chair's signature. Mr. Lancaster has been authorized to sign these agreements to relieve the Board of some of their numerous administrative duties, but the Clerk needs copies of the documents to assign numbers to facilitate easy access to them in the future. It was decided that a listing and copies of the agreements will be placed in the basket, which is handled during Administrative Matters, and numbers will be assigned accordingly.

-- Department Head Meeting: Mr. Lancaster asked if one of the Commissioner's will be coming to the Department Head Meeting on Friday, October 21, 1994. As each Commissioner has a prior commitment on that day, no one will be able to attend. Chair Duvall requested advance notice of these meetings in the future, as she would like to attend these meetings.

-- Challenge to Board of County Commissioners: Mr. Lancaster received a challenge for the Larimer County Commissioners from the Salt Lake County Commissioners on this week's Colorado State University and University of Utah football game. The Salt Lake Commissioners suggested that if their team lost, one member of their Commission would come to Fort Collins and do some useful public service and vice versa. The Board said they didn't have time to do that; however, they suggested a leg of lamb from us and a case of honey from them.

-- Carpooling to Estes Park: The Board discussed carpooling to the "County Seat for a Day" meeting in Estes Park this evening; Mr. Lancaster will drive his van and they will meet at Commissioner Disney's house at 4:30 p.m.

-- Discussion Items for Cabinet Worksession: Mr. Lancaster submitted a listing of possible discussion subjects for the Cabinet/Policy Worksession on Thursday, October 27, 1994 and requested input and prioritization of those subjects from the Board. After discussion, the Board prioritized the subjects as follows: 1) Information regarding Budget Presentations for Staff; 2) Discussion about Fund Balance Philosophy; and 3) Technology Committee.

-- Board Invitations: Ms. Hart reviewed the following invitations with the Board: 1) Community Action Board Meeting on October 20, 1994 at 4 p.m.; Chair Duvall will attend; 2) Volunteer Forest Rangers Meeting, October 20, 1994 at 2:30 p.m.; Chair Duvall and Don Griffith of Emergency Services will attend; 3) Health Care Access Coalition Open House, October 20, 1994 from 4 p.m. until 7 p.m.; Commissioner Disney will attend; 4) Seminar on "Danger in the Comfort Zone", November 10, 1994 from 4 p.m. until 6 p.m. at Lincoln Center, sponsored by Chamber of Commerce; the Board declined; 5) Colorado Rural Legal Services Priority Meeting on November 17, 1994 at 7 p.m.; the Board declined; 6) Wellington Public Library Open House, October 26, 1994 from 3 p.m. until 7 p.m.; Commissioner Disney will be Denver that day and Chair Duvall cannot attend.

7. COMMISSIONERS' REPORTS - ADMINISTRATIVE:

-- Commissioner Disney asked for a list of the Board's priorities to take for discussion at the CCI Legislative Priorities Meeting in Denver tomorrow, October 19, 1994; it was decided that he will take the list Mr. Gluckman compiled for the CSU Legislative meeting on October 4, 1994 which consists of the following: fire building issues, up-front payment for prisoners, 35-acre subdivisions, transportation funding, etc.

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

M O T I O N

Commissioner Disney moved that the Board approve the Minutes for the week of October 10, 1994 and the Agenda for the week of October 24, 1994, as submitted.

Motion carried 2 - 0.

M O T I O N

Commissioner Disney moved that the Board approve the Horsetooth Lake Estates Amended Plat of Lots 169 and 170 and the Little Valley Second Filing Amended Plat of Lots 50-54.

Motion carried 2 - 0.

LIQUOR LICENSE: Licenses were issued for the American Legion, George Beach Post No. 4 - 6% WITH EXTENDED HOURS - Fort Collins, CO., the Cow Palace - 6% WITH EXTENDED HOURS - Fort Collins, CO., and Kwik Korner - 3.2% - Berthoud, CO. County Approval was granted to the Rock Inn Steakhouse - 6% - Estes Park, CO., and Schrader Country Store No. 440 - 3.2% - Fort Collins, CO.

M O T I O N

Commissioner Disney moved that the Board approve the following documents:

A94-153 AGREEMENT BETWEEN THE BOARD OF COUNTY

COMMISSIONERS AND THE TOWN OF BERTHOUD

(Collection of Sales and Use Taxes on Motor Vehicles for the

Town of Berthoud).




A94-154 AGREEMENT BETWEEN THE BOARD OF COUNTY

COMMISSIONERS THROUGH THE LARIMER COUNTY

SHERIFF'S DEPARTMENT, THE POUDRE SCHOOL DISTRICT

R-1 BOARD OF EDUCATION, AND THE CITY OF FORT COLLINS

THROUGH THE FORT COLLINS POLICE SERVICES FOR THE

SCHOOL RESOURCE OFFICER PROGRAM

R94-131s FINDINGS AND RESOLUTION DENYING THE MASTER PLAN

AND PRELIMINARY PHASE PLAN OF CDL PLANNED UNIT

DEVELOPMENT

R94-132s FINDINGS AND RESOLUTION APPROVING THE VACATION

OF RIGHT-OF-WAY IN RANCH ACRES SUBDIVISION

R94-133s FINDINGS AND RESOLUTION APPROVING THE PRELIMINARY

PHASE PLAN OF THE POINT, PHASE III PLANNED UNIT

DEVELOPMENT

Motion carried 2 - 0.

M O T I O N

Commissioner Disney moved that the Board go into Executive Session at 11:20 a.m. to discuss a personnel matter.

Motion carried 2 - 0.

The Board came out of Executive Session at 11:40 a.m. and took the following action:

M O T I O N

Commissioner Disney moved that the Board appoint Diane Martell as Interim Director of Human Development and direct Mr. Lancaster and Mr. Jacobs, Personnel Director, to determine her compensation.

Motion carried 2 - 0.

The meeting recessed at 11:45 a.m.






MEETING REGARDING FIRE BILLING AND FIRE MITIGATION EFFORTS

(#143 @ 300)

The Board of County Commissioners reconvened at 2:00 p.m. in regular session with Jim Hubbard, State Forester. Chair Duvall presided and Commissioner Disney was present; Commissioner Hotchkiss was absent. Also present were: Ray Mehaffey, District Forester for Colorado State Forest Service; Sgt. Bill Nelson, Emergency Operations; Cpl. Don Griffith, Emergency Services; John Barnett, Director of Planning; Brice Miller, Chief Building Inspector; George Hass, County Attorney; and Frank Lancaster, County Manager. Recording Clerk, S. Graves.

1. FIRE BILLING: General discussion ensued regarding the various options for billing for fires within counties. In discussions with other county commissioners, Chair Duvall's understanding was that other counties have a choice either to pay on an acreage basis or by the amount of time spent fighting the fires, or given other choices; it appeared to her that Larimer County does not have choices and is billed by acreage only. Sgt. Nelson responded that Larimer County does have the flexibility and choices to be billed in several ways. Cpl. Griffith stated that we really are open ended and can negotiate the billing however we want; he noted that the least cost option is always chosen and assured the Board that they watch very carefully how the money is spent. Sgt. Nelson stated that Larimer County would like more financial help from the State in fighting fires; Chair Duvall asked Mr. Hass what we can do to get it. Mr. Hass responded that we need to get the bill for the fires this summer and analyze how it was figured; Sgt. Nelson and Cpl. Griffith will give Mr. Hass all the documentation and the breakdown, day-by-day, on the fires from this summer.

2. DEFENSIBLE SPACE/FIRE PROTECTION: Chair Duvall received a call from Frank Hooper who is trying to form volunteer forest rangers in the Red Feather area to work on defensible space and fire protection and he will be meeting with her at 2:30 p.m. this Thursday, October 20, 1994 to discuss this issue; she invited Mr. Hubbard to also attend, but he will be out of town. Mr. Hubbard described what some other counties are doing regarding this issue; for instance, Jefferson County asked for a State Forester, who had experience in this area, to serve on their planning staff for one year to determine what regulations should be in place, what site inspections should be, and who should pay; he noted that the cost is being passed on to the developer and Boulder is looking at doing the same thing. He stated that there are ways of addressing new development, however, existing developments are more of an problem--there need to be incentives. Mr. Hubbard noted that they are still in the process of updating hazard maps, and working on educational efforts with the homeowners and implementation of changes in the Uniform Building Code that deal with wildfire. The big questions are: How do we set reasonable standards and how do we go about enforcement of those standards? Mr. Barnett indicated he would certainly like to "borrow a Forester" for a year. Sgt. Nelson stated that they have hired a part-time person for the next six months who has started to identify subdivisions in the county and doing a hazard inventory and he will offer suggestions for improvement of their defensible space. Mr. Lancaster also reminded the Board that the county does have a County Forester. Mr. Hubbard stated he would be happy to help with training. Mr. Miller stated that we have to be very careful politically and to take one step at a time, we need to work on education and work together with Emergency Services and proceed with a real comprehensive program. It was stated that some national standards may be coming out, but that may be two or three years from now. The Planning Department is working on the roofing issue and then will start through the process for defensible space. Cpl. Griffith stated that there are things they can do right now with defensible space; he noted that we know what the problem is and we need to set down and decide what we are going to do - we need to solve the problem now. Mr. Miller stated they are close to putting together a proposal between the three jurisdictions (Loveland, Fort Collins, and Larimer County) that will work and will have uniform standards throughout the county. It was stated that the roofing issue will be complete by December 5, 1994. Chair Duvall asked if the plan will be comprehensive and cover existing subdivisions, 35 acres and new construction - the answer was "Yes". Mr. Barnett stated that we need to do a good job of educating the public; there are good videos of what defensible space looks like and it really is not so hard. Chair Duvall also stated that we need to look at our strategy for fighting fires, we need to do something to make the people motivated to do something. Cpl. Griffith offered to take the lead on organizing the worksessions to devise strategy for implementation of defensible space, wildfire mitigation measures, and fire protection. It was suggested that Mr. Miller and Mr. Hass be included in these worksessions and a State Forester will also be recruited; Mr. Hass also suggested that a real estate broker who sells 35 acre tracts be included.

The meeting adjourned at 3:30 p.m.


__________________________________________

JANET S. DUVALL, CHAIR

BOARD OF COUNTY COMMISSIONERS

( S E A L )

ATTEST:


_________________________________________

Sherry E. Graves, Deputy County Clerk








October 18, 1994

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