PROCEEDINGS OF THE BOARD OF COUNTY COMMISSIONERS

MONDAY, APRIL 11, 1994

SUBDIVISIONS

(#484 & #486)

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: Al Kadera, Subdivision Administrator; 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.

1. NORTHEAST AREA COALITION FORT COLLINS TO PRESENT PETITION TO REQUEST MORATORIUM ON DEVELOPMENT IN NORTH FORT COLLINS URBAN GROWTH AREA: Ms. Ingrid Simpson, representative for the Northeast Area Coalition, presented petitions to the Board signed by over 1,000 persons along with their request proposing a moratorium on all major development projects within their outlined boundaries in order to enable an extensive review of the existing Larimer County Comprehensive Land Use Plan and the Intergovernmental Agreement with the City of Fort Collins. Ms. Simpson noted that existing neighborhoods in this area were established within County guidelines and the unique characteristic of these established neighborhoods should be protected from incompatible development to promote quality growth. The Coalition proposed that a Land Use Plan for the Northeast Area be developed as part of the Larimer County Comprehensive Land Use Plan in order to facilitate a more orderly transitional development, and requested action by the Board within thirty days.

The Board voiced their agreement with the proposal and suggested they expand their area outline to include the "North Lakes" and possibly consider asking for adoption of an interim policy rather than a moratorium. Ms. Simpson noted that this same proposal and request will be presented to the City. The Board agreed to give an answer to the Coalition in thirty days, as requested.




2. SLAB CANYON LIMESTONE QUARRY SPECIAL REVIEW (#93-ZR0289):

26-11-70; 20 MILES NORTH-NORTHWEST OF FORT COLLINS, WEST

OF COUNTY ROAD 23; 250 ACRES; O-OPEN ZONING (04-11-94).

This is a request for Special Review to expand existing mining area for limestone quarry. Mr. White reviewed the project description and noted that the quarry is located in a remote area and mining will continue at the same rate of production as previously. Mr. White noted that five phases are proposed, covering 250 acres total, and will take place over a period of 25 to 35 years. Mr. White stated that meetings have been held regarding objections which have been filed and he submitted a letter from the State from the Staff of the Division of Minerals and Geology indicating that most of their concerns have been addressed and included five stipulations, which are similar to the County's conditions. Mr. White stated that the State makes the final decision on the reclamation plan and mainly is concerned with drainage, wildlife, vegetation, erosion; the County's concerns deal with visual impact, compatibility with other land uses, and traffic impacts. Staff Findings include: 1) Under the conditions noted, the proposed use is consistent with the Comprehensive Zoning Resolution and the County Land Use Plan; 2) Under the conditions noted, the proposal is compatible with surrounding land uses, and will not impact properties or property values in the area; 3) Under the conditions noted, the proposal will not affect the public health, safety, welfare, or prosperity.

Mr. Paul Thomsen, Holnam Plant Manager, addressed the Board and provided a brief overview and summary of the Slab Canyon Quarry and presented photos of the area. Mr. Thomsen stated that Holnam and the State are almost in agreement, the one person stipulating that a tree pad be installed by July 1, 1994 has not visited the site and the request is not feasible. The Board suggested that several amendments be made to the proposed conditions with regard to inoperable machinery being removed from the site, institution of a schedule for Holnam and the County for dust control, grading and road maintenance, imposition of road impact fees with consideration given to amount of taxes paid by Holnam, etc.

After lengthy discussion, the Planning Commission/Staff Recommendation for Approval of the Special Review conditions were amended as follows: 1) Approval is granted only for mining and reclamation of Phases 1, 2, and 3; future requests to mine additional areas will take into consideration the success of the proposed reclamation plan and Phase 3 would be permitted only on successful evaluation of reclamation of Phases 1 and 2. Prior to any disturbance in Phase 3, Holnam shall provide a detailed report to County Planning, describing the results of the reclamation effort in Phases 1 and 2. If the County Planning Director agrees that the reclamation effort was successful, Holnam may continue with Phase 3; if the Director disagrees, additional hearings will be scheduled by the Planning Commission and County Commissioners regarding mining of Phase 3; 2) No more than 35 acres shall be disturbed at one time. Reclamation shall follow the mining activity in a sequential and timely manner; 3) Prior to requesting release of any performance bonds from the State Division of Minerals and Geology, the applicant shall provide a detailed report to the County regarding the status of the mining operation and reclamation efforts; 4) Revegetation shall be in conformance with the recommendations of the Soil Conservation Service; 5) The haul route for trucks shall be as indicated in the application, unless otherwise approved by the Larimer County Engineering Department; 6) In all areas where reseeding is to occur, Holnam shall provide a layer of topsoil, in addition to the blasted overburden/manure mixture. Mulching shall also be accomplished in these areas, in accordance with SCS recommendations; 7) Appropriate trees and shrubs shall be a mixture of 3' tall trees and seedlings at the time of planting in the first phase as a 25/75 mixture. The Planning Commission will conduct an evaluation of the success of the tree planting 2 years from the initial planting; 8) Applicant shall cooperate with the County Engineering Department to determine methods and locations for dust control on the roads to the project; this discussion shall include consideration of the availability of gravel; 9) Larimer County Engineering shall establish and collect a road impact fee, based upon use of the County roads by Holnam, and taking into consideration existing taxes paid by Holnam, and the current level of maintenance of County roads provided by Holnam; 10) Inoperable and unused equipment shall not be kept on the property; 11) Except as modified by the above conditions, all mining and reclamation shall be consistent with Zoning File Exhibit A (Application for Zoning Action dated May 14, 1993, document labeled "Adequacy Review", and plans for mining and reclamation dated October 20 and 21, 1993).

M O T I O N

Commissioner Disney moved that the Board adopt the Staff Findings and Staff/Planning Commission Recommendation and approve the Slab Canyon Limestone Quarry Special Review (#93-ZR0289), with the conditions as amended.

Motion carried 2 - 1; Chair Duvall dissented stating that alternatives need to be found for non-destruction of our scenic backdrop.

At this time, the Board moved into the Commissioner's Conference Room for discussion of several Worksession items.

WORKSESSION ITEMS NOT ON THE AGENDA:

1) Discussion of Letter to Care-A-Van: Discussion ensued regarding a letter to be sent to Care-A-Van from the Larimer County Human Resource Committee and the Office on Aging Transportation Committee regarding discontinuance of funding to Care-A-Van as of April 1, 1994 for the remainder of the year. As Care-A-Van currently has sufficient funds from other funding sources and matching funds to provide transportation for the remainder of 1994, the two above-named committees decided to expend funding in a more innovative way; therefore, a consultant will be hired to perform a needs assessment in the rural areas of Larimer County. After these results are obtained, a Request for Proposal will be release to provide paratransit service to meet those needs; and, of course, Care-A-Van will be encouraged to apply. The Board concurred with the Staff recommendation proposed in the letter; however, they suggested the letter might be written in a more positive tone noting it is important to identify Care-A-Van's role as a provider and that the Board has recently committed monies for a rural transportation study with John Daggett., Transfort General Manager. Ms. Mackrill will contact Mr. Daggett to coordinate studies and avoid duplication of efforts.

2. Corridor Plan: As Chairman of the Corridor Group, Chair Duvall is sensing difficulty in moving forward with this project. She proposed that it is time to hire a consultant to continue moving forward with the current Task Force and to bring the project to completion. Commissioner Duvall suggested giving the consultant the facts the County has obtained so far for a starting point; this would tie the three jurisdictions together to develop a land use plan which will preserve as much open space as possible between the Cities. After discussion, the Board concurred with the hiring of a consultant, if Fort Collins and Loveland participate equally in the funding of the consultant. There was discussion of selection of a sole source since they are in the middle of a project and have a deadline; however, it was decided that Mr. Barnett will work with Mr. Martell, Purchasing Agent, and submit an RFP to three firms, EDAW, DSW and BHA, and request a 10-day response.

3. Meeting with Bellvue Constituents: Chair Duvall stated that she is attempting to schedule a community meeting in her District to discuss the Pleasant Valley Proposal and the meeting is tentatively set for April 18, 1994.

The meeting recessed at 11:45 a.m.

MEETING WITH MIKE LLOYD, U. S. FOREST SERVICE

(#487)

The Board of County Commissioners reconvened at 3:00 p.m. in regular session with Mike Lloyd, U. S. Forest Service. Chair Duvall presided; Commissioners Disney and Hotchkiss were present. Also present were: Austin Condon, U.S. Forest Service; Glen Porzak and Pete Hondius, representatives from the Meadowdale Ranch and the Estes Valley Land Trust; John Barnett, Director of Planning; and Bill Gordon, County Administrator. Recording Clerk, S. Graves.

During Administrative Matters on March 23, 1994, Commissioner Disney alerted the Board to a situation which has arisen on the Meadowdale Ranch near Estes Park between the Forest Service and the owners of the Ranch; namely, in 1984 the Forest Service was granted an easement through the 1146 acre ranch and they are now requesting the road be open for vehicular public access. However, the Meadowdale Ranch owners do not want the road opened to vehicular public access and have requested the return of the easement. Estes Valley Land Trust is offering to mediate the problem and has requested a letter of support from the Board of County Commissioners. Before making a decision on this matter, the Board decided to schedule a meeting with the Forest Service to hear their side of the story and that meeting was scheduled for today.

Mr. Porzak presented an enlarged aerial photograph of the area and noted that this ranch is one of the last pristine areas in the Estes Valley and Rocky Mountain National Park. The Forest Service has been trying to acquire the property for over a decade; however, the owners are not interested in selling the ranch and have been working with the Estes Valley Land Trust to arrive at a solution - they are willing to grant a conservation easement to the Estes Valley Land Trust for $300,000, which would provide or allow for eight buildings to be built on the property. However, one important condition is that the Forest Service reconvey the current public access easement that exists along the roadway, which was granted in 1984 for $1. Mr. Porzak stated that a total vehicular public access through the property is against what they are trying to achieve and two good public accesses to the Forest Service land already exist. The whole purpose of the conservation easement is to protect the wildlife habitat; the owners are willing to allow the roadway to exist and for the Forest Service to continue to use it for their own administrative purposes. Mr. Porzak also stated that in the conservation easement the Forest Service will be named as a direct beneficiary with full rights of enforcement of that easement. Today, they are requesting support from the Board to convince the Forest Service to give up the public access easement for resolution of this problem; and Mr. Porzak noted that if the road is not conveyed by the Forest Service, the whole deal will fall through. Mr. Porzak stated that countless letters of support have been received from private citizens and legislators.

Mr. Condon submitted a letter from Skip Underwood, Forest Supervisor, outlining the Forest Service's position and he reviewed the history of the Forest Service's relationship with this land. Mr. Condon stated that the Forest Service has owned this land since 1917 and stated that when the Forest Service acquires land, they begin to look for ways to get public access to their land. They looked at several other road options for access and Grizzly Gulch Road (the road in dispute) was selected as the best possible access. Mr. Lloyd stated that the Forest Service feels that if they give up this access, it will be difficult or impossible to acquire an access in the future. Usually, when the Forest Service acquires administrative use of a road, eventually they acquire full rights to that road. Mr. Condon said that the Forest Service would really like to acquire this ranch and prohibit all development.

Mr. Porzak stated again that the main purpose of the Land Trust is to protect the wildlife habitat and preserve the aesthetic atmosphere and if public access is allowed, it causes severe reduction in property values. Mr. Porzak noted that if overwhelming public and governmental support are indicated, the Forest Service might be willing to relinquish their easement. Commissioner Hotchkiss stated the Board wants to do whatever is in the best public interest; Commissioner Disney indicated his full endorsement and support of this request After much discussion, CONSENSUS OF THE BOARD was to take this matter under advisement.

The meeting adjourned at 4:40 p.m.


WEDNESDAY, APRIL 13, 1994

ADMINISTRATIVE MATTERS

(#488)

The Board of County Commissioners met at 9:30 a.m. in regular session with Bill Gordon, County Administrator. Chair Duvall presided; Commissioner Hotchkiss was present. Commissioner Disney was attending the CCI Strategic/Long Range Planning Meeting in Denver today. Also present were: Myrna Rodenberger, Clerk & Recorder; Steve Miller, Assessor; Jim Stokes, Director Information Management; Russ Ragsdale, Clerk & Recorder Chief Deputy; Ron Kerr, Deputy Assessor; Wayne Nelson, Assessor's Mapping Supervisor; Barbara Balzano, Recording Department Supervisor; Rex Burns, Improvement District Administrator; Diane Martell, Engineering Staff Services Manager; Patty Arnett, Health Department Business Manager; Bob Keister, Budget Manager; and Patsi Maroney, Personnel Compensation & Benefits Specialist.

1. DISCUSSION OF AN ISSUE REGARDING INFORMATION MANAGEMENT: Mr. Ragsdale requested Board approval to begin the process of implementing a document imaging pilot system. Mr. Ragsdale provided the background for the request and submitted a graph which indicated that the volume of documents received in the Recording Department of the Clerk's Office has increased by 53% in the past two years and currently they are showing an increase of 44% over last year. Mr. Ragsdale noted that these documents are utilized by many internal departments, such as the Assessor's Office, Planning and Zoning, and Public Works, in addition to access by the public, title companies, real estate developers, etc., necessitating an increased demand for assistance by the Recording Staff. Mr. Ragsdale pointed out, however, that this increased volume of business has also greatly increased revenues for the County.

Mr. Ragsdale informed the Board that for eight years they have been watching the development of imaging technology and now feel it has reached a level of maturity thereby allowing an acceptable cost justification. Mr. Ragsdale described for the Board how the imaging system works; the document is placed upon a scanner creating a digital image stored on computer which can be retrieved, indexed, transferred to another department, or reprinted without ever touching the original document. Mr. Stokes stated that this technology is ten times improved over what the County currently has and is accepted by the State as the proper way to store archives; the discs are environmentally controlled, will not deteriorate or break down, and provide a more economical and archival approach to saving documents.

Mr. Gordon noted that Commissioner Disney read the information regarding this request before leaving town and indicated his approval. Following questions and discussion, CONSENSUS OF THE BOARD was to approve the request to begin the process for a Request for Proposal for implementing a document imagery pilot system in the Clerk and Recorder's Office; Mr. Ragsdale noted he anticipates having the RFP ready for release in two to four weeks.

2. REQUEST FOR APPROVAL OF TWO GRANT AWARDS AND AN APPLICATION: Ms. Arnett requested Board approval of two Grant Awards (Child Health Clinics Grant and MCH State Systems Development Initiative Grant) and of an Application Request for a 25% FTE of PHN Time to work on the Van Project. Ms. Arnett stated that the State has additional monies available in the Maternal and Child Health Program which will provide supplemental funding to Larimer County to increase staffing and expand clinic services for an additional 120 children in the Well-Child Clinic.

M O T I O N

Commissioner Hotchkiss moved that the Board approve the application for two Grant Awards for the Maternal and Child Health Program to increase clinic services for 120 children and documentation of local child health collaboration activities, and the Application Request for a 25% FTE, as requested by Ms. Arnett.

Motion carried 2 - 0.

3. DISCUSSION REGARDING COLONY RIDGE SUBDIVISION: Ms. Martell stated that she and Mr. Burns have been working with the Homeowners' Association of the Colony Ridge Subdivision to form a District to rehabilitate the roads in the Subdivision and the Homeowners have asked if the County will accept the roads for maintenance if and when they are brought up to County standards. Ms. Martell noted that this project has been in the planning stages for approximately five years and during that time the Homeowners were informed several times that the County would accept the roads for maintenance, if brought up to County standards. The County recently adopted a new policy that no more new subdivision roads will be accepted for maintenance; however, in this instance, Ms. Martell asked if the Board is still willing to accept these roads for County maintenance when brought up to County standards and also willing to participate in two minor repairs (manhole repair and a street light) which need to be taken care of as soon as possible in Colony Ridge. Ms. Martell noted these repairs would be approximately $5,000, and our one-half share of this expenditure could be derived from the SID Admin Fund. Commissioner Hotchkiss acknowledged that a previous Board did make this commitment for road maintenance and he intends to honor it; it was also noted that the Public Works Director, Rex Smith, has stated he will support this request

M O T I O N

Commissioner Hotchkiss moved that the Board authorize Mr. Burns and Ms. Martell to proceed with the endeavor to establish the formation of a Local Improvement District in the Colony Ridge Subdivision, with the understanding that the County will participate in the street light and manhole repair and, if and when the roads are brought up to County standards, the County will place them on the County Road Maintenance System.

Motion carried 2 - 0.

4. REQUEST FOR APPROVAL AND SIGNATURE ON THE CONSULTING SERVICES CONTRACT BETWEEN WILLIAM M. MERCER, INC. AND LARIMER COUNTY FOR BENEFITS CONSULTING SERVICES: Ms. Maroney requested Board approval of a Consulting Services Contract between William M. Mercer, Inc. and the County, which has been reviewed and approved as to form by Assistant County Attorney, Marla Hehn. Ms. Maroney noted that last Fall, the County went out for bid to determine which benefits consulting firm would handle the County's benefits package; William M. Mercer, Inc. was selected and immediately proceeded taking the County's benefits package out for bid. The consultants were requested to draft a Consulting Services Contract to reflect the understanding of the services to be provided and the fees to be charged.

M O T I O N

Commissioner Hotchkiss moved that the Board approve the Consulting Services Contract between Larimer County and William M. Mercer, Inc., and authorize the Chair to sign same.

Motion carried 2 - 0.

C94-20 CONSULTING SERVICES CONTRACT BETWEEN THE BOARD

OF COUNTY COMMISSIONERS AND WILLIAM M. MERCER,

INC. (Benefits Consulting Services)

5. APPOINTMENTS TO THE ENVIRONMENTAL ADVISORY BOARD:

Mr. Gordon stated that a letter was received from the City of Fort Collins requesting the Board to appoint Bill Miller as the City's representative on the Environmental Advisory Board, and Tim Johnson as the alternate representative.

M O T I O N

Commissioner Hotchkiss moved that the Board appoint Bill Miller as Fort Collins' Representative on the Larimer County Environmental Advisory Board and Tim Johnson as the City's Alternate to same Board, as requested by the City of Fort Collins.

Motion carried 2 - 0.

6. WORKSESSION:

-- League of Women Voter's Request: Mr. Gordon noted that in the past the Board of County Commissioners has contributed to the publishing of the "Facts for Citizen Action" pamphlet and the League is soliciting pledges of sponsorship again this year.

M O T I O N

Commissioner Hotchkiss moved that the Board appropriate $250 out of the Commissioner's Special Projects Fund for assistance in updating and publishing the "Facts for Citizen Action" pamphlet, as requested by the League of Women Voters of Larimer County.

Motion carried 2 - 0.

-- Systems Dynamics Presentation: Mr. Gordon requested assistance from the Board in selecting a date for David Neenan to come to the County to present his version of "Systems Dynamics". The dates suggested were May 10, 11, 17 & 18; the Board selected May 17 as the best date, and recommended that County Department Heads and the Cabinet be invited to attend; the presentation will be held from 7:30 a.m. until 10:30 a.m.

7. 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 April 4, 1994 and the Agenda for the week of April 18, 1994, as submitted.

Motion carried 2 - 0.

M O T I O N

Commissioner Hotchkiss moved that the Board approve the Final Release of Collateral for Wykoff Minor Residential Development.

Motion carried 2 - 0.

LIQUOR LICENSES: County Approval was granted to the Landings Resort and Beach Club - 6% - Fort Collins, CO. Licenses were issued to the Hauf Brau Restaurant - 6% - Fort Collins, CO.; Fox Acres Country Club - 6% WITH EXTENDED HOURS - Red Feather Lakes, CO.; and Carter Lake Marina, Inc. - 3.2% - Loveland, CO.

M O T I O N

Commissioner Hotchkiss moved that the Board approve the following documents:

A94-66 EXTENSION OF THE CARE-A-VAN FUNDING AGREEMENT

(1994 Human Resource Agreement - Original Date 1/1 thru 2/18/94)


A94-67 AGREEMENT BETWEEN THE BOARD OF COUNTY

COMMISSIONERS AND FRONT RANGE EXCEPTIONAL

EQUESTRIANS (1994 Human Resource Funding Agreement)

A94-68 AGREEMENT BETWEEN THE BOARD OF COUNTY

COMMISSIONERS AND THE WOMEN'S CENTER

(Same as Above)

A94-69 AGREEMENT AND GENERAL AND FULL RELEASE FOR

HAZEL L. ALPS BY THE BOARD OF COUNTY

COMMISSIONERS (Alps Project #198 - County Road 20)

C94-21 CONTRACT BETWEEN THE BOARD OF COUNTY

COMMISSIONERS AND CARE-A-VAN, INC.

(Office on Aging Title III Funding - February 28 thru

March 31, 1994)

D94-13 DEED OF DEDICATION BY TROY L. THOMPSON AND

TERRY M. COLBERT (Project #167 - County Road 11C)

R94-38s FINDINGS AND RESOLUTION APPROVING THE MALCHOW

MINOR RESIDENTIAL DEVELOPMENT

R94-39s FINDINGS AND RESOLUTION GRANTING THE ROBBS

MINOR RESIDENTIAL DEVELOPMENT APPEAL

R94-40s FINDINGS AND RESOLUTION APPROVING THE BAIRD

MINOR RESIDENTIAL DEVELOPMENT

R94-41z SPECIAL REVIEW FINDINGS AND RESOLUTION GRANTING

THE PETITION OF TRACY THOMAS

R94-42s FINDINGS AND RESOLUTION DENYING THE EXTENSION OF

TIME FOR THE MASTER PLAN AND PRELIMINARY PHASE I

OF PROMONTORY PARK PLANNED UNIT DEVELOPMENT










R94-43s FINDINGS AND RESOLUTION GRANTING THE EASEMENT

VACATION OF NUSSBAUMER MINOR RESIDENTIAL

DEVELOPMENT

Motion carried 2 - 0.

The meeting adjourned at 10:15 a.m.


_____________________________________

JANET S. DUVALL, CHAIR

BOARD OF COUNTY COMMISSIONERS

( S E A L )

ATTEST:



_______________________________________

Sherry E. Graves, Deputy County Clerk