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PROCEEDINGS OF THE BOARD OF COUNTY COMMISSIONERS

MONDAY, MARCH 21, 1994

SUBDIVISIONS

(#471 @ 1600)

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

Mr. Barnett noted that the applicant for the Noel Commercial Park (#93-SU0379) has requested that the Board table this item until May 16, 1994.

M O T I O N

Commissioner Disney moved that the Board table the Noel Commercial Park (#93-SU0379) item until May 16, 1994, as requested by the applicant.

Motion carried 3 - 0.

Mr. Barnett also requested the Board to table the Vista View Estates Planned Unit Development and Preliminary Plat (#93-MS0410) until April 25, 1994. Mr. Barnett stated that the neighborhood has made three requests: 1) To receive a copy of the corrected and revised plans by April 11, 1994; 2) Schedule a 6:30 p.m. hearing so more interested parties can attend; 3) Re-publish the notice of the hearing. Mr. Paul Bonomo, resident Horseshoe View Estates, noted that the reasoning behind the request is to allow time to implement the recommendations made by the Planning Commission.

M O T I O N

Commissioner Disney moved that the Board table the Vista View Estates Planned Unit Development and Preliminary Plat (#93-MS0410) until 6:30 p.m. on April 25, 1994 and direct the developer to submit to the neighbors a copy of the latest revisions of the plans by April 11, 1994.

Motion carried 3 - 0.

Mr. Legg noted for the record that re-advertisement of the hearing is not required legally, since the meeting was tabled to a date certain at this advertised hearing, but Planning will be glad to re-advertise the new hearing date and time, as requested.

Mr. Barnett noted that the next item is a Consent Item and will not be discussed in detail unless requested by the Commissioners or members of the audience.

1. THOMAS SPECIAL REVIEW (#93-ZR0383): SE 1/4 09-08-69;

WEST OF COUNTY ROAD 19 (N. TAFT HILL), 1 1/4 MILES NORTH

OF COUNTY ROAD 56 (5915 N. TAFT HILL ROAD); 35 ACRES;

RE-RURAL ZONING (03-21-94).

This is a request for Special Review to allow a veterinary clinic providing primarily off-site care with some on-site treatment. Staff Findings include: 1) The proposal complies with the intent and purposes of the County Land Use Plan and the Comprehensive Zoning Resolution; 2) The proposal is harmonious with the surrounding neighborhood, and will have no impact on the neighborhood or on property values in the area; 3) The proposal will not impair the public health, welfare, prosperity or safety by creating undesirable traffic congestion, undesirable sanitary conditions, overburdening of utilities, or adverse environmental influences in the area; 4) No objections have been noted by reviewing agencies.

The Staff/Planning Commission Recommendation is for Approval of the Special Review, with the following conditions: 1) The clinic is to provide primarily off-site treatment of animals; advertising and promotion of the business shall not encourage drop-in or scheduled on-site animal care; 2) All animals receiving care shall be kept inside the building; 3) A building permit will be required for conversion of the existing building to a commercial use; 4) Applicants must provide evidence of a road maintenance agreement, which is satisfactory to the County Engineering Department; 5) Except as otherwise modified by the above conditions, all development and use of the property shall be consistent with Zoning File Exhibit A (Application for Zoning Action dated December 17, 1993 and the project description.

M O T I O N

Commissioner Hotchkiss moved that the Board adopt the Staff Findings and Staff//Planning Commission Recommendation and approve the Thomas Special Review (#93-ZR0383), with the conditions as outlined.

Motion carried 3 - 0.

2. REQUEST FOR APPROVAL OF INTERGOVERNMENTAL AGREEMENT:

Mr. Legg requested the Board to approve and sign an Intergovernmental Agreement between the Board and the Town of Estes Park regarding their Comprehensive Planning efforts which have been on-going for some time.

M O T I O N

Commissioner Disney moved that the Board adopt and sign an Intergovernmental Agreement between the Board and the Town of Estes Park, Colorado, as recommended by Mr. Legg.

Motion carried 3 - 0.

A94-56 INTERGOVERNMENTAL AGREEMENT BETWEEN THE BOARD

OF COUNTY COMMISSIONERS AND THE TOWN OF ESTES

PARK, COLORADO (Amendment to Comprehensive Plan)

The meeting recessed at 9:20 a.m. and the Board moved into the Conference Room for a Worksession with John Barnett regarding projects and research work plans.

The Board informed Mr. Barnett that during the Policy Worksession last Thursday, the Board discussed at length its interest in pursuing a number of important and overdue projects; such as, 1) Sign Code; 2) Special Exemption Review Group's work on MRD regulations and rural land use; 3) Planning Commission's work on long range planning and the Comprehensive Plan update; and 4) Introduction of the Sheriff's Department into land use application reviews. The Board requested, that by April 4, 1994, a report on the status of each of these projects, a date on which the effort is projected to be completed, and a detailed work plan of the work in progress be submitted to the Board.

The Board reminded Mr. Barnett that funds were provided to hire a consultant to assist Planning Staff in short-range operational and procedural projects and long-range research projects. By April 18, 1994, the Board requested a work plan be submitted for a research project on the development fee structure, revisiting of the Urban Growth Area and IGA in conjunction with the cities of Loveland, Fort Collins, Berthoud and Estes Park, and a recommendation for what position the Board should adopt regarding development in the north lake area. With regard to longer-range research projects, the Board would like in-depth research on what can be done to bring zoning into compatibility with the Comprehensive Plan, a cost/benefit analysis of growth in coordination with Loveland, Fort Collins and others, and research into design review overlay areas in other parts of the country to determine what has happened to their property values and rights. Chair Duvall also asked Mr. Barnett to look at providing incentives for certain kinds of development.

Mr. Barnett reported that during January and February of this year, building-permit requests were up 40%, revenues up 50%, and development applications are up considerably. Mr. Barnett noted that two new Planning FTE's will be starting work on March 28, 1994. Chair Duvall suggested having regular standing meetings with Mr. Barnett and worksessions with Planning Staff, either before or after the regular Planning Meetings. Mr. Barnett will work with Mr. Gordon to schedule these meetings and worksessions so the Board will have an opportunity to thoroughly understand the requests coming before them and have an opportunity to ask in-depth questions of Staff.

The Meeting adjourned at 10:45 a.m.

TUESDAY, MARCH 22, 1994

HEALTH AND ENVIRONMENT QUARTERLY MEETING

(#472 @ 2000)

The Board of County Commissioners met at 9:30 a.m. in regular session with Dr. Adrienne LeBailly, Director of Health & Environment. Chair Duvall presided and Commissioner Disney was present; Commissioner Hotchkiss was guest speaker today at the Golden Kiwanis Club. Also present was Donna Hart, Assistant to the County Administrator. Recording Clerk, S. Graves.

1. Communicable Disease Update: Dr. LeBailly reported on the Hepatitis A outbreak in Larimer County, which has been ongoing since November and spreading primarily among young children, and noted they are having problems getting it under control. A communicable disease team has been formed and they are desperately trying to keep the disease from spreading to the food handlers in the community. Dr. LeBailly noted that there is an experimental Hepatitis A vaccine, which hopefully will be licensed in twelve months. There has also been an ongoing outbreak of the disease in Boulder County and several cases reported in Weld County.

2. Health Care Access Update: Dr. LeBailly noted that the Health Care Access Group is trying to reach some consensus and prioritization on various options to address the health care access problem in Larimer County; they are currently using the consensus-building process for developing a plan. Dr LeBailly stated that the next meeting will be at 6 p.m. at McKee Medical Center on April 11, 1994 and invited Commissioner Disney to attend. Dr. LeBailly noted there are two nurse practitioner students from the Health Sciences Center helping gather information for Larimer County to get a designation from the Federal Government as being either medically under served in certain areas or having medically under served populations within our County. To have a medically under served area, you must have high infant mortality, high poverty, low numbers of doctors, and high numbers of people over 65. Geographically, 80% of the people in the County have health access, but the remaining 20% have fewer resources and the numbers are higher than for many other counties in Colorado; therefore, Larimer County might qualify and be eligible for Federal funding.

3. Environmental Health Update: Dr. LeBailly reported to the Board that she put together several documents, which she sent to Deb Morgan yesterday, regarding the status of the LaPorte Air Quality Study. Chair Duvall requested Ms. Hart to give a copy of the letter the Board received recently from Ms. Morgan to Dr. LeBailly outlining all the questions from LAPAC.

Dr. LeBailly submitted to the Board the article recently published in the Coloradoan regarding the wetland system, a sewage-treatment system that replicates nature; she reviewed the background for this type of system. Dr. LeBailly stated that the wetland system being proposed by Horsetooth is very different from the one near Wellington, because it was installed in clay soil and not suited for a septic system. Dr. LeBailly stated that this type of sewage system has been used successfully in other places, but how this type of system will work in Colorado, when the temperature reaches 20 below zero and all the plants are frozen, is still unknown. Chair Duvall questioned whether development should be allowed in this area near Horsetooth before a sewage system is installed and maybe outside help should be sought to analyze the situation.

The meeting adjourned at 10:20 a.m.

WEDNESDAY, MARCH 23, 1994

ADMINISTRATIVE MATTERS

(#474)

The Board of County Commissioners met at 9:30 a.m. in regular session with Donna Hart, Assistant to the County Administrator. Chair Duvall presided; Commissioners Disney and Hotchkiss were present. Also present were: Ralph Jacobs, Personnel Director; Gerald Sigward, Supervisor Building & Grounds; Dick Anderson, Facilities Manager; and Rex Smith, Director of Public Works. Recording Clerk, S. Graves.:

1. REQUEST FOR APPROVAL OF A WAIVER OF POLICY: Mr. Jacobs noted that the Sheriff's Department would like to rehire a former Detention Deputy at the same pay rate she was receiving when she left the Department, August 1, 1993. The Sheriff's Department has a policy which allows former employees, who have left the Department in good standing, to be reappointed without going through the normal competitive hiring process as long as they have submitted a written request within one year of resignation; at the pay level paid at the time of departure. However, County Policy requires Board approval if the hiring rate of an employee is above "E" Step; Mr. Jacobs recommends Board approval of the re-instatement of Nancy Yarberry at Step "M".

M O T I O N

Chairman Hotchkiss moved that the Board approve the request from the Sheriff's Department for waiver of the Larimer County Personnel Policy to allow the rehiring of Nancy Yarberry at a pay rate of Grade 43, Step "M".

Motion carried 3 - 0.

2. REQUEST FOR APPROVAL OF A TRANSFER OF SICK LEAVE: Mr. Jacobs received a request for transfer of sick leave from Linda Martin to her husband Bob Martin while he is recuperating from surgery; County Policy requires that the transfer of sick leave be allowed for life-threatening illness, which this is not, even though it is serious. Mr. Sigward requested the Board make an exception to County Policy, as this is a transfer of sick leave within the family--from wife to husband and they are not soliciting time from other employees. Discussion followed.

M O T I O N

Commissioner Disney moved that the Board approve the request for a waiver of the Larimer County Personnel Policy and allow the transfer of sick leave from Linda Martin to her husband Bob Martin.

Motion carried 3 - 0.

3. REQUEST FOR APPROVAL OF A PROPOSED COMMUNITY CORRECTIONS SPACE LEASE: Mr. Anderson requested Board approval of a Lease Agreement for Community Corrections' space in the Rocky Mountain Building. Mr. Anderson noted that the rent for this space increased from $11.66 to $12.25 per square foot, which is basically market for Fort Collins; the lease renewal includes the second year renewal at a 3 1/2% maximum increase based on the Consumer Price Index.

M O T I O N

Commissioner Hotchkis moved that the Board approve the Lease Agreement for Community Corrections' Space in the Rocky Mountain Building, and authorize the Chair to sign same.

Motion carried 3 - 0.

A94-57 LEASE AGREEMENT BETWEEN THE BOARD OF COUNTY

COMMISSIONERS AND ED F. BALDWIN (Rental Space in the

Rocky Mountain Building for Community Corrections')

4. WORKSESSION:

-- NEBA Road Improvements: The Board received a request to participate financially in the Fort Collins Business Center road improvement efforts by paying twenty-five percent of the total cost. Efforts of two years for road resurfacing and improvements have failed to materialize, due to the passage of Amendment I and the failure of an LID, and now the Board of Directors has developed a new plan; it has been designated an Enterprise Zone, and bank financing of assessments has been arranged for property owners, if needed. Commissioner Disney asked if there were additional avenues to pursue to help the property owners, such as fee waivers, property tax credits, etc.; he suggested that this question be discussed at the next cabinet meeting and, in the meantime, try to obtain more information regarding this possibility. Mr. Smith cautioned that he is concerned that if the County participates in these road improvements, it will set a precedent; there are over 200 miles of non-county maintained subdivision roads in Larimer County. Discussion followed; and by consensus the Board agreed they are interested in helping find a solution to this problem and want to pursue the possibility of the City annexing this area when the roads are brought up to County standards, if the County participates in these road improvements.

-- Revisions to the County Hearing Process: Commissioner Disney reported that the CCI Transportation Committee sent a letter to the Colorado State Transportation Commission recommending revisions to the County Hearing Process by replacing it with a Countywide Transportation Forum. Commissioner described how the Forum would operate and noted that the revisions will allow the merging of the repetitive planning process which currently exists. Commissioner Disney recommended that the Board also write a letter to the Chairman of CDOT indicating its support of the proposed revisions; Mr. Smith concurred.

M O T I O N

Commissioner Disney moved that the Board write a letter to the Colorado Department of Transportation Chairman indicating support of the recommended revisions to the County Hearing Process, as proposed by the Transportation Committee of Colorado Counties, Inc., and authorize the Chair to sign same.

Motion carried 3 - 0.

-- Support of House Joint Resolution #94-1036: Commissioner Disney also reported that the Transportation Committee Meeting indicated their support of the House Joint Resolution #94-1036 encouraging Congress to pass legislation authorizing the National Highway System (NHS). Commissioner Disney noted that Highway 287 has been nominated as part of the National Highway System and to obtain funding, improvements must be made by September, 1995. Therefore, Commissioner Disney recommended that the Board of County Commissioners draft a similar resolution, requesting the Congress of the United States to accelerate the process of developing and approving the National Highway System and send copies of same to President Clinton, the President of the Senate, the Speaker of the House, and all the members of the Colorado delegation to the United States Congress.

M O T I O N

Commissioner Disney moved that the Board draft a Resolution indicating their support of Congress authorizing the National Highway System, and authorize the Chair to sign same.

Motion carried 3 - 0.

-- Mr. Smith reported that the Bill is still alive to strip sovereign immunity from local government in certain cases and requested the Board to call their Senators and Representatives about this Bill.

5. COMMISSIONERS' REPORTS - ADMINISTRATIVE:

-- Commissioner Disney described a situation which has arisen on the Hohnholz Ranch near Estes Park. In 1984 the Forest Service was granted an easement through the 1146 acres of the Ranch; they have now made some improvements on the road and want to open it to allow public vehicular access--the current access is a horse and foot trail only. Commissioner Disney was contacted by Peter Hondius of the Estes Valley Land Trust, which is offering to mediate the problem and they are requesting a letter from the Board supporting the original land trust. Commissioner Disney suggested that a meeting be scheduled with Mike Lloyd, the Estes Park Forest Ranger, to provide an opportunity for the Board to hear their side of the situation; the Board concurred and a meeting with all the concerned parties will be scheduled.

-- Commissioner Disney received a revised copy of a Resolution Establishing the Conditions and Procedures for the Imposition of School Impact Fees from the City of Loveland, which was modeled after a resolution adopted by Douglas County, and requesting the Board adopt a similar resolution for the County. Commissioner Disney suggested that the Resolution be sent to our County Attorney for his comments; the Board concurred.

-- Commissioner Disney reported that when he attended the Transportation Committee Meeting in Denver the other day, he became aware of Senate Bill 194, which is the Colorado Private Protection Act. Commissioner Disney became concerned that the Bill makes serious inroads into dismantling zoning and he requested it be sent to the County Attorney's Office for analysis of its impact on the County. Chair Duvall stated that she heard that clarification language has been proposed to be added to the Bill which would eliminate any impact on local governments.

At this time, Chair Duvall left the meeting to attend a 10:30 a.m. Corridor Study Meeting.

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

M O T I O N

Commissioner Hotchkiss moved that the Board approve the Minutes for the week of March 14, 1994 and the Agenda for the week of March 28, 1994, as submitted.

Motion carried 2 - 0.

M O T I O N

Commissioner Hotchkiss moved that the Board approve Petitions for Abatement, as recommended by the County Assessor Steve Miller, for the following: Fort Collins Tire and Alfred J. McKeon.

Motion carried 2 - 0.

M O T I O N

Commissioner Hotchkiss moved that the Board approve the Powers Minor Land Development Plat - #S-305-93.

Motion carried 2 - 0.

LIQUOR LICENSES: County Approval was granted to South Taft Liquor - 6% - Fort Collins, CO., and The Store - 3.2% - Fort Collins, CO.

M O T I O N

Commissioner Hotchkiss moved that the Board approve the following document:

D94-11 DEED OF DEDICATION - WILLIAM E. SCOTT II AND

SHANNAH C. SCOTT (Dedication of property - (CR 11C)

Motion carried 2 - 0.

The meeting recessed at 10:35 a.m.

MEETING REGARDING CHAPTER 70 OF THE UNIFORM BUILDING CODE

(#475)

The Board of County Commissioners reconvened at 2:30 p.m. in regular session with Rex Burns, Engineering. Chair Duvall presided; Commissioners Disney and Hotchkiss were present. Also present were Rex Smith, Director of Public Works; John Barnett, Director of Planning; Brice Miller, Chief Building Inspector; George Hass, County Attorney; Jeannine Haag, Assistant County Attorney; and Donna Hart, Assistant to the County Administrator. Recording Clerk, S. Graves.

A Worksession was held regarding possible regulatory authority the County may exercise over thirty-five acre subdivisions and implementation of Chapter 70 of the Uniform Building Code. Mr. Hass submitted a memo outlining, in his opinion, what the Board can and cannot do with regard to increasing the minimum lot size regulation. Much discussion followed.

The Engineering and Planning Departments submitted a memo outlining the need for review of rural excavation activities; a recommendation was made utilizing three types of permits to handle all types of excavation and fill: 1) Regular building permits; 2) Site Plan building permits; and 3) Expanded access permits. It was noted that one additional staff person would need to be hired to work full time in this area. Mr. Miller submitted a copy of proposed Larimer County site drainage basic requirements to be implemented with the regular building permit; after discussion, the Board directed Staff to proceed with adopting these site drainage requirements

There was discussion of allowing incentive fees and the Board directed Mr. Hass to research what the County can do regarding incentive fees.

The Board also asked Staff to develop a combination of Chapter 70 and county resolution and criteria for site management and road building plan. The Board indicated their desire to have further discussions regarding the minimum-lot size requirement.

The meeting adjourned at 3:50 p.m.


________________________________________

JIM DISNEY, CHAIRMAN, PRO-TEM

BOARD OF COUNTY COMMISSIONERS

( S E A L )

ATTEST:



__________________________________________

Sherry E. Graves, Deputy County Clerk


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