PROCEEDINGS OF THE BOARD OF COUNTY COMMISSIONERS

MONDAY, MAY 16, 1994

SUBDIVISIONS

(#30, #32, & #33)

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; Richael Michaels, Planner; Rex Burns, Engineering; Jerry Blehm, Environmental Health; and Jeannine Haag, Assistant County Attorney. Recording Clerk, W. Gebauer.

Chair Duvall read a letter to be sent to Ann Azari, Mayor of the City of Fort Collins, giving the County's support for the acquisition of 440 acres of open space in the Hogbacks between Fort Collins and Loveland. In the letter, the County commits $100,000 toward the purchase of the property, and Chair Duvall stated that the money would come from the Parks and Recreation carryover funds, as discussed previously. Commissioner Hotchkiss emphasized that no tax money would be involved, and that the funds would come from the State Lottery and from fees.

MOTION

Commissioner Disney moved that the Board authorize the Chair to sign the letter to Mayor Azari granting the County's support for the Hogbacks land acquisition.

Motion carried 3 - 0.

Mr. Barnett stated that the following is a consent item and will not be discussed in detail unless requested by the Commissioners or members of the audience.

1. MEADOWDALE HILLS 2ND AMENDED PLAT (#94-SA0471): 34-05-72; NORTH OF HIGHWAY 36, SOUTH OF ESTES PARK; 4.32 ACRES; 3 LOTS; O-OPEN (05-16-94)

This is a request to reconfigure two lots and to amend the boundary with an adjacent parcel to improve building sites and correct an encroachment. Staff Findings include: 1) Meadowdale Hills Second Filing was approved in 1964; the lots do not meet current

minimum lot size requirements; 2) The proposed Amended Plat is intended to correct an existing encroachment and to allow better access to the building sites; 3) The Amended Plat will not create any additional building sites; 4) The County Health and Engineering Departments and all utilities serving this area reviewed the proposed Amended Plat and stated no objections. The Staff Recommendation is for Approval of the Amended Plat of Lots 15 & 16, Meadowdale Hills Second Filing. The applicant, Vern Emery, was present, and stated that he was in agreement with the Staff Findings and Recommendation.

MOTION

Commissioner Disney moved that the Board adopt the Staff Findings and Recommendation, and approve the Amended Plat of Lots 15 & 16, Meadowdale Hills Second Filing (#94-SA0471).

Motion carried 3 - 0.

Mr. Barnett stated that the applicant withdrew the item related to Noel Commercial Park (#94-SU0379). He also stated that Jim Byrne, representing Poudre Valley REA, applicant for the Donath Special Review (#94-ZR04120), had requested that this item be tabled until June 13, 1994, because they had attempted to contact certain property owners and had not yet received a response, and also because they were looking into issues raised during a neighborhood meeting on Friday, May 13. Linda Rowland, an area property owner, asked the Board to hear the proposal, as several people had taken time off work to attend this hearing. After a show of hands of the audience indicating who was present to speak for and against the proposal, the Board agreed not to table the item and to continue with the agenda as written, but reserved the right to table or continue the item or to take it under advisement after hearing the testimony.

2. SAULCY MINOR RESIDENTIAL DEVELOPMENT APPEAL (#94-OS0472): 29-05-68; WEST OF COUNTY ROAD 9, NORTH OF COUNTY ROAD 16; FA-FARMING (05-16-94)

This is a request to allow a Minor Residential Development to be submitted which would create four residential lots. Mr. Kadera reviewed the major issues and concerns, and noted that Planning has no record of County approval being granted for an exemption or minor residential development (MRD) since 1972. Staff Findings include: 1) The Minor Residential Development regulations were amended to limit the number of parcels that could be created; 2) This applicant proposes the creation of four lots by Minor Residential Development; 3) There are three sets of improvements on this site, and three lots already exist even though they were not approved by the County; 4) The creation of four lots should be reviewed by the Planning Commission, and therefore the appeal should be denied. A full subdivision review is the appropriate method of creating these lots, if indeed they are to be approved. The Staff Recommendation is for Denial of the Saulcy Minor Residential Development Appeal. Mr. Kadera added that Planning would be more willing to accept an MRD for the three lots that are currently improved.

Joseph H. Fonfara, an attorney, spoke on the behalf of the applicant, Isla Saulcy, and her son Martin Glomb, who owns part of the property in question. Mr. Fonfara noted that three structures already exist on the property, and that the bulk of the unimproved land would become one vacant lot under the proposal. Mr. Glomb was also present, and he emphasized that they would not do any additional building, and that building permits were obtained for the current buildings at the time of construction.

Mr. Barnett clarified that the question for the Board at this time is whether or not to permit the applicant to proceed under the MRD procedures and regulations, instead of requiring Ms. Saulcy to proceed under the more complex subdivision procedures and regulations. Commissioner Hotchkiss emphasized that, if the Board were to approve proceeding under the MRD regulations, this would not mean that the Board would necessarily approve the MRD itself when and if it came up for review. Commissioner Disney noted that the Special Exemption Review Committee should submit their recommendations regarding MRDs in the near future.

MOTION

Commissioner Disney moved that the Board approve the Saulcy Minor Residential Development Appeal (#94-OS0472).

Motion carried 3 - 0.

3. DONATH SUBSTATION SPECIAL REVIEW (#94-ZR0412): NE 30-06-68; WEST SIDE OF COUNTY ROAD 11C, 1/4 MILE SOUTH OF COUNTY ROAD 30; 10 ACRES; FA-FARMING (05-16-94)

This is a request for a Special Review for an electrical substation to serve southeast Fort Collins and northeast Loveland. Ms. Michels reviewed the description of the proposal and the major concerns and issues. Staff Findings include: 1) This proposed substation is consistent with the guidelines and regulations contained within the Larimer County Comprehensive Plan and Zoning Regulation. Upon completion of a Minor Land Division, the application will conform with the Larimer County Subdivision Resolution; 2) The Larimer County Engineering and Health Departments, and other interested agencies, have reviewed this Special Review and have stated no objections as long as certain conditions are met; 3) The proposed Special Review can be made compatible with existing development through adequate screening and buffering; 4) Approval of the Special Review with the following conditions will not have a significant negative impact on transportation facilities, utility services, the natural environment, or on overall health and safety. The Staff Recommendation is for Approval of the Donath Lake Substation Special Review with the following conditions: 1) The applicant shall utilize the Minor Land Division process, condemnation, or other legal procedures to acquire fee ownership of the 10 acres; 2) Submit a revised landscape plan that incorporates a larger quantity of trees and shrubs, different varieties of trees and shrubs, more densely planted materials, and berms. This type of landscaping should be shown on the southern boundary, the road frontage, and at least the eastern half of the northern boundary. The plan must also address irrigation and maintenance and must be approved by the Planning Department and the County Forester; 3) All plant materials must be installed within 2 months of installation of the majority of the equipment. This deadline may be extended by the Planning Director if inclement weather is encountered; 4) All plant materials must be maintained and irrigated. If any plant material dies, it must be replaced in a timely manner; 5) All metal structures must be constructed of galvanized metal. Other structures must be painted an earth tone shade that blends with the surroundings. The Planning Commission Recommendation is for Denial of the Donath Lake Substation Special Review. Ms. Michels stated that the Planning Commission's decision was principally based on concerns about whether the MLD process was appropriate for this proposal, about the potential for the necessity of condemnation, and about potential health risks; copies of the Planning Commission minutes were not available at the hearing.

Speaking on the behalf of Poudre Valley REA, Mr. Byrne displayed an aerial map of the area taken in 1992. Mr. Byrne stated that the REA selected the proposed site largely because it is directly adjacent to existing transmission lines, and that other sites would require them to construct additional transmission lines that would cross occupied areas. Also, Mr. Byrne stated that the City of Loveland has indicated that they will likely construct a substation at this site in the future, and REA would like to develop a joint substation in the area instead of having two, separate substations. Ms. Michels confirmed that the Planning Department has received a letter from the City of Loveland in support of the substation proposal and indicating the City's interest in the site. In addition, Mr. Byrne presented a graph showing the magnetic field at a similar substation at the Fort Collins-Loveland Airport, and he stated that the electromagnetic field (EMF) would be no greater off the site with the proposed substation than that caused by the existing transmission line, and that the proposal fully complies with Colorado Public Utilities Commission (PUC) guidelines. If constructed, all new structures would be within a three-acre fenced area, except for one line replacement, and would consist of two 40-foot deading towers, one single-story building, and other structures that would be 20-feet tall or less. Mr. Byrne stated that they sent out close to 70 letters to area residents, and that only 3 people attended the public meeting. Furthermore, Mr. Byrne said that he believed that the Planning Commission's primary concern was with the appropriateness of the MLD, and that REA would proceed with condemnation only if they could not reach an accord with the present owner.

Chair Duvall announced that the Board would alternate between statements of support and opposition from the audience, and that they would permit each person to speak for three minutes. As no one in the audience wished to speak in favor of the proposal other than Mr. Byrne, the following people stepped forward to speak against the proposal: Gerald Armstrong, President of the Rocky Mountain Fuel Company, present owner of the property; Maria and Will Sedillo, area residents; Linda Rowland, area resident representing Denise Chrysler, Corridor Committee member, and other area residents; Rick Koehler, area resident; Wilson Spence, area resident and electrical engineer; and Bernard Rollin, area resident and bioethicist at Colorado State University. Mr. Armstrong stated that, in the company's opinion, the property is best suited for farming at the present and for residential development in the future. Mr. Anderson also stated that Planning never notified the company about the proposal, and that they became aware of the proposed substation when REA telephoned them about purchasing the property. Mr. Armstrong said that in each of the three telephone conversations, REA threatened the company with condemnation, and he stated that he believes that REA is failing to negotiate in good faith. Mr. and Mrs. Sedillo, Ms. Rowland, Mr. Koehler, and Mr. Spence stated that they never received the notification letters that REA claims to have sent, and that REA never otherwise notified them about the proposal. Furthermore, they collectively expressed their concerns about potential health risks and the resulting negative effect on property values. Ms. Rowland also questioned whether REA actually needs the substation, stated that apparently no study of environmental impacts has been done, and doubted that the proposal was consistent with the concern about corridor development. In addition, Mr. Spence and Prof. Rollin both noted that not enough is known about the long-term health effects of exposure to EMF, that the burden of proof of the proposal's safety in on the applicant, REA, and that the Board should be cautious in approving substation proposals until more is known.

Responding to some of the allegations of the area residents, Mr. Byrne stated that REA had sent notices to all area property owners listed on County records, and had also sent notices to individuals listed in REA's power service records. As such, Mr. Byrne said he could not explain why many residents stated that they were not notified. Mr. Byrne also said that REA had contacted the Colorado Division of Wildlife, who said that they could see no effect from the proposal on wildlife off the site itself. Furthermore, he added that REA definitely needs the substation and that they have made an extra effort to mitigate any negative effects by proposing to develop a ten-acre site instead of the usual two-acre substation development.

Chair Duvall and Commissioners Disney and Hotchkiss all stated that they have never discussed the proposal with anyone on either side of the issue before this hearing, and that they were gravely concerned with statements from area residents that REA had lead the residents to believe that County approval had been all but granted. Mr. Byrne replied that REA had never represented that the County itself wanted to develop the substation, and while REA could appeal to the State if the Board denied the application, he stated that REA had no desire to go through such a process, but would do so if necessary. Responding to a request from the Board to clarify the Health Department's position on potential health effects, Mr. Blehm stated while it is not currently possible to prove absolutely whether there are or are not negative health effects from EMF, the substation proposal is consistent with commonly accepted knowledge about EMF.

MOTION

Commissioner Disney moved that the Board continue the hearing on the Donath Substation Special Review until June 13, 1994.

Motion carried 3 - 0.

The Board took a short break at 10:55 a.m., and reconvened at 11:00 a.m.

4. HAASE SPECIAL REVIEW-WESTSIDE CONOCO (#94-ZR0358): SE 1/4 OF 07-05-69; NORTHEAST CORNER OF INTERSECTION OF GLADE ROAD AND WEST HIGHWAY 34; 5649 WEST HIGHWAY 34; 1.44 ACRES; T-TOURIST (05-16-94)

This is a request for a Special Review to allow a convenience store to be added to an approved gift store and gas station (See prior application #92-ZR0181). Mr. White reviewed the project description and the major issues and concerns, and stated that there was no opposition to the proposal at the Planning Commission hearing. Staff Findings include: 1) The proposal is generally consistent with the County Land Use Plan and the Comprehensive Zoning Resolution; 2) The proposal is generally harmonious with the surrounding land uses, and will have no impact on property values or other land uses in the area; 3) The proposal will not impair the public health, welfare, safety, or prosperity, if operated in accordance with the recommended conditions. The Planning Commission/Staff Recommendation is for Approval of the Haase Special Review with the following conditions: 1) All uses on the property shall be consistent with the Larimer County Zoning Resolution, and shall provide parking as required by that document; 2) No outdoor storage or sales shall be allowed; 3) Lighting shall be designed and installed such that it does not result in glare on the adjacent roadways or on other properties in the area; 4) The building shall not be occupied until all improvements required by this and previous approvals are installed, including landscaping, access, parking, fire protection, drainage, etc; 5) Signage shall be limited to a single 60 square feet identification sign as shown on the submitted plan. There shall be no banners, flags, logos, product identification signs, or other signage; 6) Access will be allowed only from Wild Lane. All other potential access points shall have barriers or curbing to preclude vehicular traffic; 7) Evidence shall be provided from the Loveland Fire Prevention Bureau that their requirements have been met, prior to occupancy of the building; 8) Owner shall comply with the follow requirements of the Colorado Department of Transportation: A) No new structures or signs shall be constructed within 75' of the centerline of the Highway 34 right-of-way, except those which have received a building permit prior to April 21, 1994; B) New plan showing drainage features outside highway right-of-way, and showing barriers mentioned in Condition 6. Plan should also delete reference to "State Department" on leach field; 9) Compliance with all food service and sewage disposal requirements of the County Health Department; 10) All conditions of approval from the 1992 Special Review shall apply to the present request; 11) Except as modified by the above conditions, all development and use of the site shall be consistent with Zoning File Exhibit A (Application for Zoning Action dates December 14, 1993, with attached information). Mr. White added that Planning would like the applicant to remove the existing billboard, but that they also understand that the applicant is obligated to honor the current lease. Therefore, Planning would like to make it a condition for approval that the billboard will be removed when the current lease either expires in 1999 or is terminated at an earlier date. Mr. Blehm stated that he is confident that all of the health issues have been worked out, and Mr. Burns added that they do not expect traffic to increase on Wild Lane and that the Flood Review Board has required all tanks and pumps to be located on an island above the flood plain. Staff/Planning Commission Recommendation is for conditional approval as outlined above.

Bill W. Haase, the applicant, was present and stated that he wanted to clarify a few issues. First, the lights to be installed on the property are of a special design, currently in use in only one other gas station in the state, that shine straight down with no stray lighting off the site. Second, Mr. Haase noted that the Fort Medina convenience store and gas station will be closing due to the death of the current owner, and that therefore a need will exist for a convenience store in the area. Last, Mr. Haase pointed out that the areas marked as "rental" spaces on the proposal will actually be used as his personal office space and will not be rented out.

Barry J. Floyd, of NCA Real Estate Services, and Elton Johnson, area resident, both spoke in favor of the proposal, stating that the Haase proposal would be the nicest development in the area, and that an area will need a convenience store. Matt Delich, a traffic engineer, presented the results of a traffic study he completed, which shows that the convenience store sales will only be ancillary to the gas sales, that most of the increase in traffic on Wild Lane will be from area residents, and that most of the traffic from U.S. Highway 34 will be for the existing gas sales. Mr. Haase added that he had projected a 4% increase in traffic when he developed the proposal.

MOTION

Commissioner Disney moved that the Board adopt the Staff/Planning Commission Recommendation, and approve the Haase Special Review (Westside Conoco) with conditions as outlined above.

Motion carried 3 - 0.

5. WELLINGTON KOA SPECIAL REVIEW AMENDMENT (#94-ZR0415): NE 15-09-68; SOUTH SIDE OF COUNTY ROAD 70; 1/4 TO 1/2 MILE EAST OF INTERSTATE 25; 25 ACRES; FO-FORESTRY (05-16-94)

This is a request to amend a Special Review approval for the expansion of an existing campground. Mr. White reviewed the proposal, and stated that the staff report emphasizes existing regulations and is not controversial. Staff Findings include: 1) The proposal is consistent with the intent and purposes of the County Land Use Plan and the Comprehensive Zoning Resolution; 2) The proposal will not affect property values or other land uses in the area; 3) If developed and operated in accordance with the plan and the conditions for approval, the proposal will not impair the public health, welfare, prosperity, or safety.

The Planning Commission/Staff Recommendation is for Approval of the request to amend the Wellington KOA Special Review with the following conditions: 1) Camping cabins must be at least 75' from the property line and 250' from the residence on the adjacent parcel; 2) Use of the property must be consistent with all County regulations, including the following: A) Campsites shall not be used for other than transient occupancy (30 consecutive days), and no campers, RVs, or other vehicles shall be used as "permanent" dwellings; B) All sales and services provided shall be primarily for the benefit of campground patrons, not the general public; C) The only signage permitted shall be on-premises, and shall not exceed 40 square feet in area; D) Storage of RVs, campers, boats, or other vehicles is not permitted; 3) The property owner acknowledges the existence of agricultural operations in the area, including feedlots, which can cause odor problems. The County will not intervene on behalf of the campground to resolve nuisances created by agricultural uses, unless they are in violation of State Law or County Regulations; 4) The applicant acknowledges that County Road 70 is a gravel road, and increased traffic may result in blowing dust in the campground. Larimer County is not obligated to improve County Road 70 as a result of expansion or operation of the campground; 5) Within 30 days of final approval, a detailed landscaping plan shall be provided for approval of the County Forester, and implemented; 6) Applicant shall comply with all rules, regulations, and requirements of the County Health Department regarding food service, sewage disposal, and solid waste disposal; 7) Applicant shall comply with recommendations of Colorado Division of Wildlife regarding trash containers and feeding of wildlife; 8) Except as otherwise provided in the above conditions, all development and operation shall be consistent with Zoning File Exhibit A (Application for Zoning Action dated January 28, 1994, with attached information); 9) The mobile home shall be removed by July 1, 1994. Mr. White added that the expected increase in traffic is primarily the result of the campground obtaining KOA affiliation, and that the five cabins themselves will have little effect on traffic. Mr. Burns noted that there are a couple of temporary solutions to the dust problem, such as applying a chipseal or Mag-Chloride coating to the road surface, that could be expected to last about three years. Mr. Burns stated that chipseal application would cost about $5,000 for a quarter mile, and that a Mag-Chloride application would cost about twice as much.

The applicant, Doug Miles, was present, and stated that the property was once called Camper Country and will now be known as the Wellington KOA campground. Mr. Miles stated that the additional cabins are a requirement of KOA, and would contain no cooking facilities. Mr. Miles acknowledged the existence of a large feedlot nearby, and stated that he did not foresee any conflicts or complaints from campers.

Commissioner Disney stated that, as an additional condition for approval, the area agricultural operations should be notified of the restriction in Condition #3 above. Chair Duvall asked the Staff whether the applicant should be required to improve the road, and Mr. Blehm emphasized that the County's dust control plan has been approved by the State, and that the County is not obligated to improve the road. Mr. Burns suggested that, since Mr. Miles is amenable to the dust control suggestions, an additional condition be added to the Staff Recommendations to read: As a condition of this approval, the applicant shall be required to install, for the 800 feet between the end of the existing State asphalt mat and the entrance to the campground, a dust suppressive of either Mag-Chloride or chipseal, as approved by the County Engineers.

MOTION

Commissioner Hotchkiss moved that the Board adopt the Staff/Planning Commission Findings and Recommendation, and approve the Amendment to the Wellington KOA Special Review with additional conditions as outlined above.

Motion carried 3 - 0.

The meeting adjourned at 11:30 a.m.

STANDING MEETING WITH REX SMITH,

DIRECTOR OF PUBLIC WORKS

(#33 @ 0350)

The Board of County Commissioners met at 1:40 p.m. in regular session with Rex Smith, Director of Public Works. Chair Duvall presided; Commissioners Disney and Hotchkiss were present. Also present were: Neil Gluckman, Assistant County Administrator, and Bill Gordon, County Administrator. Recording Clerk, W. Gebauer.

1. TRUCK TRAFFIC ON COUNTY ROAD 37 (RED MOUNTAIN ROAD): Mr. Smith informed the Board that complaints have been received about double-trailer truck rigs from Wyoming running people off the road on County Road 37. Mr. Smith referred them to Captain Gary Darling, Sheriff's Department, and contacted the trucking company and the Wyoming State Patrol to make sure that the trucks are not avoiding the weigh station.

2. OLD FLOWERS ROAD UPDATE: Mr. Smith stated that he and County Attorney George Haas met with the owners of the former Mittenden ranch, and the owners are interested in relocating the road around the ranch buildings west of the Stove Prairie School. The owners would pay for the road relocation, and the County would pay for the difference between the 16 foot right-of-way that the County obtained through use and the 60 foot, deeded right-of-way. The County would perform some basic engineering work, and the property owners would hire a contractor to relocate the road. In addition, the owners inquired about the possibility of obtaining the gravel base from the Jacobson pit at cost. Mr. Smith will negotiate further with the owners.

3. INTERSECTION OF COUNTY ROAD 19 AND 38E: Previously, Mr. Smith asked the Board to approve committing additional funds to match the Federal funds for improving the intersection of County Road 19 and County Road 38E and to install signal lights. Contrary to the original time estimates by the City of Fort Collins, the project is moving forward and the developer is already designing the intersection. As the City will be using developer fees and street oversizing fees for the project, the County has no longer designated this as a Federal Aid Project and will no longer need to use the $23,000 from off-site road fees and the additional $23,000 in Road and Bridge funds for this project.

4. LAKE SHORE GARDENS STORM DRAIN AGREEMENT: Mr. Smith presented to the Board the agreement between the Board of County Commissioners and Robert Berger, Jean Berger, Dale Larsen, and Donna Hayes for the improvement of a storm drain between lots 12 & 13 of Lake Shore Gardens Subdivision.

MOTION

Commissioner Disney moved that the Board authorize the Chair to sign the agreement with the Lake Shore Gardens Homeowners to install a storm drain.

Motion carried 3 - 0.

A94-84 AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND ROBERT BERGER, JEAN BERGER, DALE LARSEN, AND DONNA HAYES (Lake Shore Gardens Storm Drain Improvement)

At this time, Chair Duvall also signed the Proprietary Software License Agreement with Prototype Incorporated for the Fleet Management Information System, as previously approved by the Board.

A94-85 AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND PROTOTYPE INCORPORATED (EMS/PC software--Fleet Management Information System)

5. COUNTY PARTICIPATION IN NON-COUNTY MAINTAINED ROAD AND STORM SEWER IMPROVEMENTS--DISCUSSION: Mr. Smith presented three areas for discussion of County participation in road and storm sewer improvements. First, when certain areas were developed, it was the understanding between the developer and the County that the County would accept maintenance of the road system in these areas if the roads were improved to County standards. In some of these areas, the roads were not improved at the time the development was created, but now certain Local Improvement Districts (LIDs) or other groups may decide to improve the roads. Up to this time, the County has gone ahead and accepted the roads for County maintenance when the improvements are made. While Mr. Smith expressed some reservations about the cost of such a policy, he recommended that the County continue in this fashion because there are relatively few areas that would be affected. Commissioner Hotchkiss suggested that the Board set a cut-off at this time, so that no new developments are created with this understanding. Second, Mr. Smith suggested that the Board continue evaluating, on a case-by-case basis, situations where significant drainage and road problems exist on non-County-maintained roads. Third, in subdivisions with County-maintained roads such as Pinewood Springs, Mr. Smith stated that in the past, but not recently, the Board paid for 50% of the costs of overlays for road improvements; he added that this has not been a financial problem up to this point, but that it will become more common. Mr. Smith emphasized that this policy related to the improvement of roads within subdivisions rather than roads that serve thru traffic. The Board discussed setting a limit on the financial participation of the County in such cases, and decided to set a policy of providing 15% of the costs for overlays for road improvements in subdivisions with County-maintained roads. CONSENSUS OF THE BOARD was to accept Mr. Smith's recommendations on road improvements in non-County maintained subdivisions and areas with significant drainage and road problems, and to have Mr. Smith draft a policy statement on the County's financial participation in the improvement of roads in County-maintained subdivisions.

Chair Duvall asked whether the emergency call boxes located on County roads are maintained by the County; Mr. Smith stated that they are part of the 911 system. Chair Duvall also asked about the status of the Lory State Park "No Parking" signs; Mr. Smith replied that, as of last Friday, there has been no response to the signing plan prohibiting parking on the crest of the hill. In addition, Chair Duvall stated that several residents have called because of confusion on whether the County is paving County Road 11. Mr. Smith stated that the County is currently working on County Road 11, including portions of County Roads 30 and 11C.

The meeting recessed at 2:30 p.m.

MEETING WITH JOHN BARNETT AND GAYLE MORGAN,

PLANNING DEPARTMENT, AND JIM STOKES,

INFORMATION MANAGEMENT

(#33 @ 4300 & #35)

The Board of County Commissioners met at 2:30 p.m. in regular session with John Barnett, Director of Planning; Gayle Morgan, Planning Department Staff Services Manager; and Jim Stokes, Information Management Director. Chair Duvall presided; Commissioners Disney and Hotchkiss were present. Also present were: Susan M. Cottingham, Systems and Programming Department Manager; Bob Keister, Budget Director; Neil Gluckman, Assistant County Administrator; and Bill Gordon, County Administrator. Recording Clerk, W. Gebauer.

Mr. Barnett presented to the Board a Computer Information Device Acquisition (CIDA) request outlining the purchase of new computers and a network system for the Planning Department. Mr. Barnett pointed out that the County budgeted $73,642 for this purpose, and Planning spent $26,962.16 for six computers and software in Phase I, leaving $46,679.84 for the rest of the project. In Phase II, the Planning Department will need $66,385.84, which is $19,706 over the amount budgeted in 1994. Mr. Barnett noted that Planning has increased its revenue by approximately 31% in the first four months of this year over the same period last year. Mr. Stokes explained that the Board approved $200,000 for Information Management to cover computer purchases, and that $12,000 is left of these funds, but the District Attorney's Office has not yet turned in their request. Mr. Stokes added that Planning's request is part of the ongoing five year plan, that it is compatible with the Geographic Information System (GIS) project, and that in many ways the proposal is to permit Planning to catch-up in terms of automation with other County offices. Ms. Morgan emphasized that this request is for Phase II of a three-phase project.

Commissioner Hotchkiss stated that he supports the general proposal, but noted that the Board has recently approved several budget increases for Planning, and he stated that would like to see more detailed financial figures, including how Planning's workload has increased apart from any increases in revenue resulting from fee changes. Commissioner Disney stated that he believes that the CIDA request will significantly increase the productivity of the department. Chair Duvall suggested that the Board wait to hear the other departments' budget requests and proposed changes for the rest of 1994 and 1995 before making a decision. Commissioner Hotchkiss noted that the funds requested would come from carryover, effectively reducing the 1995 income. The Board agreed to delay making a decision on Planning's CIDA request for about a month when the periodic budget meetings are completed, and Planning agreed to present more detailed figures on the request and on the department during its periodic budget meeting with the Board.

Meeting adjourned at 3:10 p.m.

TUESDAY, MAY 17, 1994

PUBLIC HEARING REGARDING THE PRIORITIZATION OF

IMPACT ASSISTANCE GRANTS FOR BERTHOUD AND WELLINGTON

AND POST AWARD HEARING ON

CROSSROADS SAFEHOUSE CDBG PROJECT

(#35 @ 2300 & 36)

The Board of County Commissioners met at 3:00 p.m. in regular session with Robert E. Thompson, Community Development Specialist. Chair Duvall presided; Commissioners Disney and Hotchkiss were present. Also present were: Gary West, Circuit Rider/City Manager, Town of Wellington; Connie McChesney, Eyestone Parent-Teachers' Organization (PTO); Don Sandoval, Colorado Department of Local Affairs; Anna Lenahan, Berthoud Town Administrator; Ginny Riley, Executive Director, Crossroads Safehouse, Inc.; Neil Gluckman, Assistant County Administrator, and Bill Gordon, County Administrator. Recording Clerk, W. Gebauer.

Mr. Thompson explained that the meeting was to be in two parts: 1) The two applicants for Impact Assistance Program funds would have five minutes each to present their proposals, and the Board would assign a local priority to each project; 2) A representative from the Crossroads Safehouse would present the Board with a status report on their expansion project funded by Community Development Block Grants (CDBG). Mr. West and Ms. McChesney presented the proposal from the Town of Wellington for the Eyestone Park Softball and Playground renovations. The Town of Wellington owns Eyestone Park and leases it to the Poudre R-1 School District for the use of Eyestone Elementary School. The project would create a second softball field to be used by both the school and the Town Recreation Program, would close a street to vehicular traffic between the school and the park, would create a new playground area with basketball and funnel ball courts, and would correct existing drainage problems. The total cost of the project is $85,985, and the town and school have raised $42,985 from various fundraising efforts, including a cookbook sale, and several community groups. The Town of Wellington is requesting $43,000 from the Energy Impact Assistance Program, and is requesting no matching funds from the County. The primary purpose of the project is to provide a safe play for children to play, and will address the common complaint of young people that there is nothing to do in Wellington. Mr. Thompson invited questions from the audience, but there were no additional comments.

Responding to questions from the Board, Mr. Sandoval explained that the State administers the Impact Assistance Grants in two cycles, and that there will be approximately $3.5 million available in this cycle for use throughout the State. Funds are apportioned by project, not by county, and the State asks each county to prioritize the projects before submission. Of the two projects from Larimer County, both may be funded, either one may be funded without the other, or neither may be funded.

Ms. Lenahan presented to the Board the proposal from the Town of Berthoud, which is building a new, 5,530 square feet public library next to the existing community center. The Impact Assistance Program proposal is for $134,292 for the purchase of equipment and furnishings for the library. The Town of Berthoud currently owns the land; the architect, Roger M. Thorp of Thorp Associates P.C., has waived his usual fees, and the Fickel family has donated $430,334 for the construction costs of the building. The Town of Berthoud is also requesting from the County a one time contribution of $10,000 for the purchase of additional equipment, in addition to the $12,200 that the County currently provides annually. Mr. Gordon stated that, if the project is funded, the County money would probably come from the 1993 carryover. The new library would replace the old facility, which is only 1,215 square feet in size and is located in the Town Hall, and would also provide a public meeting room. Again, Mr. Thompson invited comments from the audience, but there were no other statements.

MOTION

Commissioner Hotchkiss moved that the Board recommend to the State of Colorado that both proposals be funded by the Impact Assistance Program, that the Eyestone Park Softball Field and Playground project for the Town of Wellington be given first priority, that the Town of Berthoud Public Library project be given second priority, and that, if the Town of Berthoud Public Library project is funded by the State, the County provide $10,000 for the purchase of equipment, with the funds to come from the 1993 carryover.

Motion carried 3 - 0.

In the second part of the hearing, Ms. Riley provided the Board with a status report on the Crossroads Safehouse Addition project, which has been partially funded through the CDBG program. The City of Fort Collins owns the building and leases it to Crossroads Safehouse Inc. for $1 each year. The addition will provide four more bedrooms to the structure, increasing the total to twelve, will add a second counseling room, and will provide much improved handicapped accessibility. In addition to the CDBG funds, Crossroads has raised $370,000 from several foundations and individuals. Vaught Frye Architects has completed the design, five construction firms have bid on the project, and the City has agreed to pay the $15,000 development fees. The audience was invited to ask questions and to comment on the project, but there were none. Mr. Sandoval stated that Federal law requires the Board to hold the Post Award Public Hearing.

In order to assist the Commissioners and to demonstrate the geographic information system (GIS) abilities of the Colorado Department of Local Affairs, Mr. Sandoval presented to the Board a multipart map showing the different fire, hospital, water, sanitation, recreation, and metropolitan districts in the County. The transparent overlays may be used together or separately to assist the Board in determining which local districts have an interest in a particular project.

The meeting adjourned at 3:50 p.m.

WEDNESDAY, MAY 18, 1994

ADMINISTRATIVE MATTERS

(#36 @ 3900 & 37)

The Board of County Commissioners met at 9:30 a.m. in regular session with Bill Gordon, County Administrator. Chair Duvall was out of town today. Chair Pro-Tem Disney presided; Commissioner Hotchkiss was present. Also present were: Erik Nilsson, Emergency Management Specialist; Sgt. Bill Nelson, Emergency Operations; and Neil Gluckman, Assistant County Administrator. Recording Clerk, W. Gebauer.

1. REQUEST FOR APPROVAL OF CONTRACTING WITH MOUNTAIN STATES WEATHER: Mr. Nilsson and Sgt. Nelson requested that the Board approve a new contract with Mountain States Weather (MSW) as paid advisor to the County on severe weather. From 1989 through 1993, the County had a year-round contract with Jim Wirshborn of MSW for $10,720 per year. This time, Mr. Nilsson proposes having either a six-month contract with MSW for $3,000, or a twelve-month contract for $4,000. The difference between the old and proposed contracts is that MSW would not provide certain services, such as spot forecasts for forest fires, early morning humidity levels, and daily updates, that the County now obtains from other sources such as the National Weather Service (NWS). The old contract was terminated when Emergency Management was reorganized, and Sgt. Nelson stated that in the meantime they have missed the information. The proposed contract would provide meteorological data, interpretation, and recommendations prior to and during the formation of severe weather patterns, including access to MSW's network of spotters throughout the County. This proposal with MSW has been negotiated in cooperation with the City of Fort Collins, who has agreed to sign a twelve-month contract to run retroactively from early May for $4,920, based on their average use of certain services from MSW. While Mr. Nilsson and Sgt. Nelson stated that they would find the service useful during the winter months as well as the summer months, they also stated that having the services for six months during the spring and summer thunderstorm and flood season would be of the greatest importance. The contract would permit Emergency Management to share the weather information with other departments; Commissioner Disney stated that the Road and Bridge Department would find the winter weather information particularly useful. Sgt. Nelson noted that, after the old contract was terminated, the funds were returned to the general fund, so Emergency Management must ask the Board for a budget alteration for the proposed contract. Mr. Nilsson informed the Board that he is applying for State funding to cover the costs of the contract in 1995, so the County may only have to cover the costs of the contract for the rest of the 1994 year. Furthermore, in a few years the County may become the second site for a pilot program in which the Sheriff's Department would be able to directly access information, via personal computer and modem, from the NEXRAD system at the National Oceanic and Atmospheric Administration (NOAA). In that case, the County would no longer need MSW's services. Commissioners Disney and Hotchkiss and Mr. Gordon agreed that, if Emergency Management, the Road and Bridge Department, and other County offices would find the contract useful throughout the year, the twelve-month contract would be worth the expense. CONSENSUS OF THE BOARD was to approve making a twelve-month contract with Mountain States Weather for a weather forecasting service, with the funds to come from Emergency Management, beginning June 1, 1994, or earlier. Emergency Management will have a contract drawn up and will present it for approval and signing during a future Administrative Matters meeting.

2. WORKSESSION: Mr. Gordon presented a letter from the City of Longmont inviting the County to participate in a School Community Investment Fee Tax Force created by Longmont, the St. Vrain Valley School District, and the Department of Community Development. Commissioner Disney stated that Chair Duvall had suggested that it would be most useful if Bob Keister, Budget Manager, attended these meetings.

--Mr. Gordon presented to the Board a memorandum from Susan Szymanski, Human Development, and Shelley McGraw, Office on Aging, recommending that the Board delay allocating $7,500 to Care-a-Van in match funding for the Administration on Aging grant until Human Development completes the mini Transportation Needs Assessment in approximately two months. The Board agreed that this was a sensible recommendation.

--Mr. Gordon brought to the Board's attention a letter from Congressman Wayne Allard asking the County if there are any unfunded environmental mandates to the County from the Federal government. Commissioner Hotchkiss noted that this is a pro forma letter, and suggested that the Board reply by sending a very general letter supporting Congressman Allard's position of automatically notifying the County of any new mandates.

--Mr. Gordon also stated that Martha Reid Steinbach would like to will lots 20, 21, 23, and 24 in Cedar Park to the County, with the land to be maintained in its natural state in perpetuity and used as a park. Commissioners Disney and Hotchkiss stated that the County would probably find the land desirable, but agreed with Mr. Gordon that they must make sure that there are no hidden costs with the proposal. Mr. Gordon stated that he will send the will to the County Attorney for comment.

--Mr. Gordon relayed to the Board the concerns of Cathy Beard, who believes that a recent reversal of policy by the Fair Board is unfair. The Fair Board decided in March to permit youth in Future Farmers of America (FFA) programs up to the age of 21 to show animals at the Fair, but had retained the previous restriction limiting the participation of young people in 4H programs at age 18. After criticism, the Fair Board held a special session, reversed their previous decision, and decided to continue restricting participation by FFA members past the age of 18. As it is the Board's understanding that several young people have already purchased animals with the intention of showing them at the Fair, the Board agreed that the Fair Board should stick with its decision for this year to permit FFA members to show animals up to age 21, and that the Fair Board should return to its previous policy in the future of limiting participation for all young people at age 18.

3. COMMISSIONERS' REPORTS - ADMINISTRATIVE: Commissioner Disney stated that he and Mike Lloyd will speak again with Gary Klaphake on the Meadowdale Ranch agreement.

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

MOTION

Commissioner Hotchkiss moved that the Board approve the Minutes for the week of May 9, 1994, and the Agenda for the week of May 23, 1994, as submitted.

Motion carried 2 - 0.

MOTION

Commissioner Hotchkiss moved that the Board approve the Petitions for Abatement, as recommended by the County Assessor Stephen A. Miller, for the following: Richard B. Manges; Porfirio A. and Mary Gaona; and Alex and Jovita Sanchez.

Motion carried 2 - 0.

MOTION

Commissioner Hotchkiss moved that the Board approve the following miscellaneous documents: Community Development Block Grant (CDBG) Disclosure Report--Larimer/Weld Revolving Loan Fund; Larimer County Little Valley Road General Improvement District Advisory Road Board By-Laws; Baird Minor Residential Development S-411-93 Plat; South Nokomis Lake Subdivision Amended Plat of Lots 3 and 4, Block 28; and South Nokomis Lake Subdivision Amended Plat of Lots 11, 12, and 13, Block 26.

Motion carried 2 - 0.

LIQUOR LICENSES: A License was issued to The Landing Restaurant & Beach Club-6% WITH EXTENDED HOURS-Fort Collins, CO. County Approval was granted to Riverbend Resort-3.2%-Loveland, CO; Olympus Motor Lodge-6%-Estes Park, CO; J. J.'s Lounge-6%-Fort Collins, CO; and Hickory House South-6%-Fort Collins, CO. County Approval was denied for a Waive of Hearing for a Change of Ownership for End of the Trail Saloon, Inc.-6%-Loveland, CO previously known as Edith Moynier Stark DBA End of the Trail Saloon. A hearing date will be set.

MOTION

Commissioner Hotchkiss moved that the Board approve the following documents:

A94-86 AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND NEIGHBOR TO NEIGHBOR, INC. (Community Garden Equipment Agreement)

R94-54g RESOLUTION SUPPORTING THE LANDFILL REUSE/RECYCLE PROGRAM

R94-55z SPECIAL REVIEW FINDINGS AND RESOLUTION APPROVING THE PETITION OF SPRAGUE

Motion carried 2 - 0.

Dick Anderson, Facilities Manager; Scott Courtney, Eighth Judicial District Courts Administrator; Capt. Gary Darling, Sheriff's Department Operation Division; Myrna Rodenberger, Clerk and Recorder; and Nancy Wallace joined the meeting at this point at 10:10 a.m.

MOTION

Commissioner Hotchkiss moved that the Board go into Executive Session to discuss Personnel Matters and Contract Negotiations.

Motion carried 2 - 0.

The Board emerged from Executive Session at 10:45 a.m.; no action was taken.

Mr. Courtney, Capt. Darling, Ms. Rodenberger, and Ms. Wallace left the meeting at this time. Stephen J. Miller, County Assessor; George Hass, County Attorney; Jeannine Haag, Assistant County Attorney; and Dale Shannon joined the meeting for Legal Matters.

MOTION

Commissioner Hotchkiss moved that the Board go into Executive Session to discuss Pending Litigation.

Motion carried 2 - 0.

The Board came out of Executive Session at 11:05 a.m.; no action taken.

The meeting adjourned at 11:05 a.m.

_____________________________________

JANET DUVALL, CHAIR

BOARD OF COUNTY COMMISSIONERS

( S E A L )

ATTEST:

______________________________________

William Louis Gebauer, Deputy County Clerk

May 16, 1994