PROCEEDINGS OF THE BOARD OF COUNTY COMMISSIONERS

MONDAY, MAY 23, 1994

SUBDIVISIONS

(#38 & #39)

The Board of County Commissioners met at 9:00 a.m. in regular session with John Barnett, Director of Planning. Chair Duvall presided; Commissioners Disney and Hotchkiss were present. Also present were: Russ Legg, Senior Planner; Al Kadera, Subdivision Administrator; Jill Bennett, Comprehensive Planner; Rex Burns, Engineering; Rich Grossmann, Environmental Health; and Mike Abrams, Assistant County Attorney. Recording Clerk, S. Graves.

Mr. Barnett requested the Board table the Pleasant Valley Ranch Phase I (#94-MS0438) until November 7, 1994 to allow time for neighborhood meetings to be held regarding this proposal.

M O T I O N

Commissioner Disney moved that the Board table the Pleasant Valley Ranch Phase I (#94-MS0438) until November 7, 1994, as requested by Mr. Barnett.

Motion carried 3 - 0.

Mr. Barnett noted that the following are consent items and will not be discussed in detail unless requested by the Commissioners or members of the audience.

1. BLUE SPRUCE VILLAGE SUBDIVISION AMENDED PLAT (#93-SA0389):

34-05-73; ON COUNTY ROAD 69B (TUNNEL ROAD) WEST OF

ESTES PARK; 1.56 ACRES; R-1 RESIDENTIAL ZONING (5-23-94)

This is a request for a Variance to permit a dwelling 18 feet from the perimeter of a Planned Unit Development, rather than 50 feet as required. Staff Findings include: 1) Blue Spruce Village Planned Unit Development was approved in 1984; 2) The Planned Unit Development Resolution includes a requirement that all structures be located 50 feet from the perimeter of any Planned Unit Development located in the mountains; 3) This Planned Unit Development is divided from the adjacent properties by the Big Thompson River. Although the structure will be less than 50 feet from the perimeter of the Planned Unit Development, it will be more than 50 feet from the nearest property line of an adjacent parcel; 4) Approval of this Variance will not result in any significant negative impacts on surrounding properties or the natural environment. Staff Recommendation is for Approval of the Variance to permit a dwelling to be located 18 feet from the perimeter of a Planned Unit Development, rather than 50 feet as required.

2. COTTONWOOD TERRACE AMENDED PLAT (#94-SA0473): 07-05-69;

NORTH OF HIGHWAY 34 ON THE EAST SIDE OF COUNTY ROAD 23H;

2.12 ACRES; 2 LOTS; FA-1 ZONING (5-23-94)

This is a request for an Amended Plat of a Portion of Lot 16 Cottonwood Terrace to seek approval for two lots that were created by deed several years ago. This is similar to several other lots approved in Cottonwood Terrace. Staff Findings are: 1) Cottonwood Terrace Subdivision was approved in 1962; 2) A Replat was proposed in 1964, but never approved. Lots were sold based on the Replat resulting in several illegal lots. In 1981, the Commissioners decided that Amended Plats could be submitted to get approval for the lots sold in reliance on the unapproved Replat; 3) Public water for each lot and the payment of a Park Fee were conditions of previous Amended Plat approvals in this subdivision. Fairness dictates that the same conditions apply to the proposed lots; 4) The County Health and Engineering Departments and all utilities serving this area reviewed the proposed Amended Plat and stated no objections.

Staff Recommendation is for Approval of the Amended Plat of a portion of Lot 16, Cottonwood Terrace Subdivision, with the following conditions: 1) Each lot shall utilize public water supplies for domestic purposes; 2) Each lot shall be assessed a Park Fee when a building permit is issued for a single family dwelling. A note concerning the Park Fee shall appear on the Final Plat.

3. CRYSTAL LAKES 3RD FILING AMENDED PLAT (#94-SA0496):

07-10-73); WEST OF RED FEATHER LAKES; 1.85 ACRES; 1 LOT;

O-OPEN ZONING (5-23-94)

This is a request for an Amended Plat of Lots 22 and 23, of a portion of Crystal Lakes, 3rd Filing to combine two existing platted lots into one building site. Staff Findings include: 1) The Crystal Lakes Subdivisions were approved in the 1970's; 2) The existing lots are non-conforming with respect to minimum lot size; combining contiguous lots brings them closer to the required minimum lot size; 3) All utilities serving this area reviewed the proposed Amended Plats and stated no objections. Staff Recommendation is for Approval of the Amended Plat of Lots 22 and 23, Crystal Lakes 3rd Filing.

4. CRYSTAL LAKES 6TH FILING AMENDED PLAT (#94-SA0497):

01-10-74; WEST OF RED FEATHER LAKES; 1.02 ACRES; 1 LOT;

O-OPEN ZONING (5-23-94)

This is a request for an Amended Plat of Lots 55 and 56, Crystal Lakes 6th Filing, to combine two existing platted lots into one building site. Staff Findings are: 1) The Crystal Lakes Subdivisions were approved in the 1970's; 2) The existing lots are non-conforming with respect to minimum lot size; combining contiguous lots brings them closer to the required minimum lot size; 3) All utilities serving this area reviewed the proposed Amended Plats and stated no objections. Staff Recommendation is for Approval of the Amended Plat of Lots 55 and 56, Crystal Lakes 6th Filing.

5. CRYSTAL LAKES 7TH FILING AMENDED PLAT (#94-SA0498):

13-10-74; WEST OF RED FEATHER LAKES; 7.72 ACRES; 1 LOT;

O-OPEN ZONING (5-23-94)

This is a request for an Amended Plat of Lots 37 & 38, Crystal Lakes 7th Filing, to combine two existing platted lots into one building site. Staff Findings include: 1) The Crystal Lakes Subdivisions were approved in the 1970's; 2) The existing lots are non-conforming with respect to minimum lot size; combining contiguous lots brings them closer to the required minimum lot size; 3) All utilities serving this area reviewed the proposed Amended Plats and stated no objections. Staff Recommendation is for Approval of the Amended Plat of Lots 37 and 38, Crystal Lakes 7th Filing.

6. CRYSTAL LAKES 11TH FILING AMENDED PLAT (#94-SA0497):

12-10-74; WEST OF RED FEATHER LAKES; 3.03 ACRES; 1 LOT;

E-ESTATE ZONING (5-23-94).

This is a request for an Amended Plat of Lots 49 and 50, Crystal Lakes 11th Filing, to combine two existing platted lots into one building site. Staff Findings are: 1) The Crystal Lakes Subdivisions were approved in the 1970's; 2) The existing lots are non-conforming with respect to minimum lot size; combining contiguous lots brings them closer to the required minimum lot size; 3) All utilities serving this area reviewed the proposed Amended Plats and stated no objections. Staff Recommendation is for Approval of the Amended Plat of Lots 49 and 50, Crystal Lakes 11th Filing.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners adopt the Staff Findings and Staff Recommendations and approve the Blue Spruce Village Subdivision Amended Plat (#93-SA0389); Cottonwood Terrace Amended Plat (#94-SA0473); Crystal Lakes 3rd Filing Amended Plat (#94-SA0496); Crystal Lakes 6th Filing Amended Plat (#94-SA0497); Crystal Lakes 7th Filing Amended Plat (#94-SA0498); and Crystal Lakes 11th Filing Amended Plat (#94-SA0497); each, as outlined above.

Motion carried 3 - 0.


7. BACH MINOR RESIDENTIAL DEVELOPMENT APPEAL (#94-0S0478):

N 1/2 28-05-69; COUNTY ROAD 21; FA-FARMING ZONING (5-23-94)

This is a request to allow a Minor Residential Development to be submitted which would create two residential lots; this parcel was previously part of a subdivision exemption (#87-74-EX). Mr. Kadera reviewed the major concerns and issues. Staff Findings include: 1) The subject property was part of a subdivision exemption that created two lots in 1974; 2) The current Minor Residential Development regulations require that a parcel existed before May 5, 1972 to be eligible for division by Minor Residential Development; 3) This site is in the Urban Growth Area for the City of Loveland and any division of this property should proceed under the full subdivision review. Staff Recommendation is for Denial of the Bach Minor Residential Development Appeal.

Barry Floyd, owner NCA Real Estate Services, addressed the Board representing the applicant and stated that this property is appropriate for a Minor Residential Development as it is located on a paved County road, has existing utilities, and the division of the property into two three-acre parcels conforms very well with the area. Mr. Floyd noted that today the request is for approval to proceed with a two-lot Minor Residential Development. Discussion followed; the Board indicated their willingness to support this request for appeal on the basis of compatibility in the area and the subdivision process could result in division of the property into much smaller parcels and higher density.

M O T I O N

Commissioner Disney moved that the Board adopt the Staff Findings and approve the Bach Minor Residential Development Appeal (#94-0S0478).

Motion carried 3 - 0.

8. MCMURRY MINOR RESIDENTIAL DEVELOPMENT (#94-EX0440):

S 1/2 33-10-70; 1/2 MILE WEST OF LIVERMORE ON COUNTY ROAD

74E (7.9 ACRES ON NORTH SIDE OF COUNTY ROAD 74E, 152

ACRES ON SOUTH SIDE); 160 ACRES; 2 LOTS; O-OPEN ZONING

(5-23-94).

This is a request to create two parcels for single family residential use (Lot Size Variance and Minor Residential Development Appeal approved previously - Minor Residential Development Appeal #93-0S0302, Variance #93-VR0346). Mr. Legg described the location and project description of this request and noted that point of contention with the applicant is Staff's recommendation that the Final Plat for this development include a note indicating that this property shall not be further divided in the future without approval of the Board of County Commissioners through the Subdivision process. Mr. Legg submitted a letter to the Board from Derek Roberts, an adjoining property owner, requesting consideration of a small easement across this property to enable his cattle to reach leased Bureau of Land Management Land. Staff Findings are: 1) This development request has been reviewed based on the requirements for Minor Residential Developments, as contained in the Larimer County Subdivision Resolution. A Minor Residential Development Appeal was granted by the Board of County Commissioners in September 1993, and a Lot Size Variance was approved by the Board of Adjustment in October 1993; 2) The subject property is split by County Road 74E (Red Feather Lakes Road), leaving 7.9 acres north of the road and 152 acres south of the road. This request is to create a separate building site of 7.9 acres on the north side of the road; 3) Under current State and local regulations, this property could be divided into 4 lots of 35 acres or more without Larimer County's review and approval; 4) Approval of the McMurry Minor Residential Development, with certain conditions, should not result in any significant negative impact on provision of services or transportation, access or the natural environment.

Murry McMurry, applicant, addressed the Board and voiced his objections to the unfairness of the condition that the 152 acre lot shall not be further divided without Board approval thru the subdivision process, including divisions creating lots of 35 acres or more. Derek Roberts, adjacent property owner, stated that he has no desire to stop the McMurrys from dividing their land, if it is appropriate; however, he is concerned the new owners will fence this piece of property and prevent his cattle from accessing the adjoining land, as they have done for over 100 years. Both Mr. McMurry and Mr. Roberts stated that their two families have had an amicable relationship for years and wish for this to continue. The Board expressed their desire for both parties to try and reach an agreement to resolve this matter.

Much discussion followed and the conditions of the Staff Recommendation for Approval of the McMurry Minor Residential Development were amended as follows: 1) The proposed access location used to determine adequate sight distance for access to the County Road must be reviewed and approved by the Larimer County Access Coordinator. The location of the approved access must be shown on the Final Plat; 2) The Final Plat must note that a well permit must be obtained from the Colorado Division of Water Resources. The restrictions on use of the well must also be noted on the Plat; 3) The Final Plat must be prepared in accordance with local and State requirements. All easements and rights-of-way of record must be shown on the Plat; 4) The following notes must be included on the Final Plat: A) Larimer County Park Fees will be collected at building permit issuance for new single family dwellings; B) Engineered footings and foundations will be required for all construction on these lots; C) Residential fire sprinkler systems will be required in all new residences constructed on these lots; D) Radon tests will be required for new residential structures. The test must be conducted after the structure is enclosed, but prior to issuance of a Certificate of Occupancy; test results must be submitted to the Planning Department; E) Uses on these lots are limited to single family residential and accessory uses; 5) School Fees of $8 for the vacant lot must be paid prior to recording the Final Plat. Recording fees for the Plat and any documents must also be paid by the applicant; 6) Conditions of approval must be met and the Final Plat recorded by November 23, 1994 or all approvals shall be null and void.

M O T I O N

Commissioner Hotchkiss moved that the Board adopt the Staff Findings and Staff Recommendation, with conditions as amended, and approve the McMurry Minor Residential Development (#94-EX0440), eliminating the condition requiring that the 152 acre lot shall not be further divided without approval of the Board of County Commissioners through the subdivision process.

Motion carried 3 - 0.

9. SEVEN SPRINGS RANCH PLANNED UNIT DEVELOPMENT (#93-MS0397):

NW 10-06-69; EAST SIDE OF TAFT HILL ROAD (COUNTY ROAD 19),

ONE MILE SOUTH OF HARMONY ROAD (COUNTY ROAD 38);

80.56 ACRES; 47 LOTS; FA-1 FARMING ZONING (5-23-94)

This is a request for a Master Plan and Preliminary Phase Plan to create 47 residential lots approximately 1/2 acre in size and 50.1 acres of open space; total project area is 80 acres. A Variance from Planned Unit Development density requirements is also requested. Ms. Bennett provided the project description and reviewed the major concerns and issues. Staff Findings include: 1) The proposed Master Plan for Seven Springs Ranch Planned Unit Development is consistent with the Larimer County Land Use Plan for the Rural Non-Farm area concerning type of use and design concept; 2) The Master Plan is not consistent with the Land Use Plan and the Planned Unit Development Resolution concerning number of residential units proposed; 3) Protection of sensitive wildlife habitat through the proposed conveyance of open space and the development of trail access parking provides a public benefit which warrants a density bonus, as proposed by the applicant; 4) Approval of the Master Plan and Preliminary Phase Plan, with a number of conditions, will not result in significant negative impact on surrounding properties, utility services, transportation facilities, or the natural environment.

The Planning Commission/Staff Recommendations were for Approval of the Seven Springs Ranch Planned Unit Development Master Plan for 47 single family lots, with the condition that the 44.4 acres of proposed open space be conveyed to the City of Fort Collins, and that the public parking spaces shown on the plan be built as shown on the plan; and Approval of the Preliminary Phase Plan, with numerous conditions.

Mr. Burns summarized the transportation concerns and conditions of development. Mr. Grossmann expressed concern about possible health problems related to the interaction of humans and pets and the existing prairie dog community which occupies the entire site. Eldon Ward, City Scape Urban Design Consultant, described the proposal and its proximity to the City limits; noting that originally the developer was encouraged to submit an annexation petition so this property could be annexed and developed as an urban subdivision in the City and to submit a plan at a minimum of three units per acre. However, as time went on, it was decided it would be better if this area was a transition area into the County. The developer has included a large amount of open space in the proposal and the closest home will be 1/4 mile from the landfill; also, they have worked on a wildlife control plan. Mr. Ward indicated that the developer is in agreement with the conditions of the Planning Commission and Staff. Mr. Dan Jensen, developer, addressed the Board and described how the development will meet the criteria and blend with the natural terrain of the adjacent area. Discussion followed; Commissioner Hotchkiss stated he thinks the proposal is premature and doesn't fit the area. Commissioner Disney noted that many questions have not been answered and he would like to see comments from the City of Loveland regarding this proposal and to review the recommendations of the Corridor Group; also, he has concerns regarding proximity to the landfill and increased volume of traffic at the intersection of 38E and Taft Hill Road. Chair Duvall expressed appreciation to City Scape and the developer for their consideration of the compatibility of this project with the natural area and she doesn't think the proposal is appropriate for annexation or higher density and she doesn't feel comfortable vesting rights at this stage because there are so many unanswered questions.

M O T I O N

Commissioner Disney moved that the Board deny the Seven Springs Ranch Planned Unit Development Master Plan and Preliminary Phase Plan Request (#93-MS0397).

Motion carried 3 - 0.

10. REQUEST FOR APPROVAL OF THREE FINAL PLATS, SUBDIVISION IMPROVEMENT AGREEMENTS, ADDENDUMS, AND DEVELOPMENT LOAN AGREEMENTS:

Mr. Barnett submitted Finals Plats for Goose Hollow Estates Subdivision, Cimmaron Lake Subdivision, and Lindenridge First Filing and requested Board approval and the Chair's signature. Also submitted for approval were Subdivision Improvement Agreements, Addendums, and Development Loan Agreements.

M O T I O N

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

Motion carried 3 - 0.

A94-87 SUBDIVISION IMPROVEMENT AGREEMENT FOR GOOSE

HOLLOW ESTATES SUBDIVISION BETWEEN THE BOARD

OF COUNTY COMMISSIONERS AND ALFRED VONMETZGER


M O T I O N

Commissioner Disney moved that the Board approve the Final Plat, Subdivision Improvement Agreement, and Addendum to Subdivision Improvement Agreement and Development Loan Agreement for Cimmaron Lake, authorize the Chair to sign the three documents, and require that an additional note be placed on the Final Plat indicating the existence of agricultural uses in the near vicinity.

Motion carried 3 - 0.

A94-88 SUBDIVISION IMPROVEMENT AGREEMENT FOR CIMMARON

LAKE BETWEEN THE BOARD OF COUNTY COMMISSIONERS

AND BRAIDWOOD BAY, LLC

A94-89 ADDENDUM TO SUBDIVISION IMPROVEMENT AGREEMENT

AND DEVELOPMENT LOAN AGREEMENT FOR CIMMARON

LAKE BETWEEN THE BOARD OF COUNTY COMMISSIONERS

AND BRAIDWOOD BAY, LLC. AND POUDRE VALLEY BANK

Before approving the Lindenridge First Filing Final Plat, discussion was held concerning at what point the Board's new policy regarding non-acceptance of subdivision roads for maintenance goes into effect. Mr. Kadera noted that Lindenridge had preliminary approval before the Board adopted their new policy. After discussion, the Board declared that any project which had preliminary plat approval before the adopt of the new policy, that project will be subject to the old policy and their subdivision roads will be accepted for County maintenance once brought up to County standards.

M O T I O N

Commissioner Disney moved that the Board approve the Final Plat, Subdivision Improvement Agreement, and Addendum to Subdivision Improvement Agreement and Development Loan Agreement for Lindenridge First Filing, and authorize the Chair to sign the three documents.

Motion carried 3 - 0.

A94-90 SUBDIVISION IMPROVEMENT AGREEMENT FOR LINDENRIDGE

FIRST FILING BETWEEN THE BOARD OF COUNTY

COMMISSIONERS AND ACHKIN INVESTMENTS & PRIMA

LAND & INVESTMENT, INC.




A94-91 ADDENDUM TO SUBDIVISION IMPROVEMENT AGREEMENT

AND DEVELOPMENT LOAN AGREEMENT FOR LINDENRIDGE

FIRST FILING BETWEEN THE BOARD OF COUNTY

COMMISSIONERS AND ACHKIN INVESTMENTS & PRIMA

LAND & INVESTMENTS AND FIRST INTERSTATE BANK OF

SOUTH FORT COLLINS.

The meeting adjourned at 10:55 a.m.

TUESDAY, MAY 24, 1994

MEETING WITH BILL NELSON, EMERGENCY MANAGEMENT

(#41)

The Board of County Commissioners met at 2:00 p.m. in regular session with Sgt. Bill Nelson, Emergency Operations Director. Chair Duvall presided; Commissioners Disney and Hotchkiss were present. Also present were: Erik Nilsson, Emergency Management Specialist; Cpl. Don Griffith, Bob Root, and Jim Lynxwiler, Emergency Services Unit Staff; Bill Gordon, County Administrator; and Neil Gluckman, Assistant County Administrator. Recording Clerk, S. Graves.

Sgt. Nelson stated that the purpose of today's meeting is to inform the Board of County Commissioners about the functions of the Emergency Operations Department, to acquaint them with Staff, and provide an opportunity for questions from the Board. Sgt. Nelson stated that the Emergency Operations Department is responsible for fighting forest fires, handle all search and rescue incidents in the County, and have some involvement with hazardous materials problems. Sgt. Nelson noted that his Department is also getting involved in building plan permit inspections and they are working on getting a ban on shake shingles and promoting non-combustible materials.

Sgt. Nelson noted that in addition to Staff, there are 75 volunteers on the Search and Rescue Team and 35 members on the Dive Team; discussion ensued regarding the search and rescue currently going on in Rocky Mountain National Park. Sgt. Nelson stated that each year, 32 hours of free fire training is offered at CSU, coordinated by Cpl. Griffith, for volunteer fire fighters and anyone else in the community that is interested. There was discussion of the suggestion made previously to charge for search and rescue; however, it was noted that the volunteers are very much opposed to this idea. There was discussion of the Unit responding to fires in other areas and states; this is a good money maker for the volunteers and does not cost the County anything, they get reimbursed for everything. There was discussion of the proposed weather-reporting contract with Jim Wirshborn.

The meeting adjourned at 3:00 p.m.

WEDNESDAY, MAY 25, 1994

ADMINISTRATIVE MATTERS

(#42 & #43)

The Board of County Commissioners met at 9:30 a.m. in regular session with Bill Gordon, County Administrator. Chair Duvall presided; Commissioners Disney and Hotchkiss were present. Also present were: Diane Martell, Operations and Planning Engineering; Rex A. Burns, Improvement District Administrator; Ed Schemm, Field Environmental Health Services; Robert D. Grewell, Financial Administration Director; Dick Anderson, Facilities Management Director; and Neil Gluckman, Assistant County Administrator. Recording Clerk, W. Gebauer.

1. REQUEST FOR APPROVAL AND SIGNATURE ON A RESOLUTION FOR A GLACIER VIEW MEADOWS WATER AND SEWER ASSOCIATION GRANT FROM COLORADO DEPARTMENT OF HEALTH: Mr. Schemm requested that the Board approve a resolution allowing the Glacier View Meadows Water and Sewer Association (GVM) to apply for a 201 Facility Planning Advance of Allowance Grant from the Colorado Department of Health. The grant will permit GVM to amend their ongoing Feasibility Study on proposed water and sewer improvements to comply with Colorado Water Quality Control regulations. Because GVM is not a public entity, the County must sponsor the application as the designated 208 Water Quality Management Agency, and will hold and disburse the $5,000 grant if funded.

MOTION

Commissioner Disney moved the Board approve the Resolution for a Glacier View Meadows Water and Sewer Association grant from the Colorado Department of Health, and authorize the Chair to sign the Resolution.

Motion carried 3 - 0.

R94-56g RESOLUTION AUTHORIZING THE SUBMISSION OF A 201 WASTEWATER FACILITY PLANNING ADVANCE OF ALLOWANCE GRANT ON BEHALF OF GLACIER VIEW MEADOWS WATER AND SEWER ASSOCIATION

2. REQUEST FOR APPROVAL AND SIGNATURE ON THE INITIATING RESOLUTION FOR COLONY RIDGE LOCAL IMPROVEMENT DISTRICT: Mr. Burns and Ms. Martell requested that the Board approve the initiating resolution for the Colony Ridge Local Improvement District. Ms. Martell informed the Board that the Governor is expected to sign the Elections Bill permitting the Board to restrict Local Improvement District (LID) elections to registered voters within the LID. Mr. Burns noted that the LID was intended to repair the sub-standard streets in Colony Ridge, and that the Board had agreed to take over maintenance of the streets after they are improved. Ms. Martell stated that 71% of the area property owners signed the petition in favor of the LID, and that a public hearing has been scheduled to June 27, 1994, at 2:00 p.m.

MOTION

Commissioner Disney moved that the Board approve the Initiating Resolution for the Colony Ridge Local Improvement District, and authorize the Chair to sign the Resolution.

Motion carried 3 - 0.

R94-57d INITIATING RESOLUTION FOR LARIMER COUNTY LOCAL IMPROVEMENT DISTRICT NO 1994-1 (Colony Ridge Subdivision)

3. SELECTION OF ARCHITECTURAL CONSULTANT: Mr. Anderson presented to the Board the results of the selection process for an Architectural Consultant for the proposed new facilities for the County government and criminal justice system. Mr. Anderson noted that they had received 11 proposals, had invited 4 firms for interviewing and further evaluation, and have selected Interplan, which has contracted with Architecture Plus as their local representative. The County is considering five possible sites for the new facilities: the location of the current Courthouse; Block 31, where the employee parking lot is currently located; land next to the Detention Center; the current Fort Collins High School building, which will be vacated when the new high school opens; and a site somewhere between Fort Collins and Loveland. Mr. Anderson requested that the Board approve spending up to $231,000 from the Capital Expenditures budget over an 18-month period to hire Interplan/Architecture Plus as the architectural consultant and to fund the necessary feasibility and environmental studies. Chair Duvall and Commissioner Hotchkiss expressed their interest in taking over the current Fort Collins High School, and stated that the County should keep the Poudre R-1 School District informed of the County's interest in the site.

MOTION

Commissioner Disney moved that the Board approve the hiring of Interplan/Architecture Plus as the architectural consultant for the proposed County governmental and criminal justice facilities, and to authorize spending up to $230,000 from the Capital Expenditures budget over the next 18 months for this purpose.

Motion carried 3 - 0.

4. WORKSESSION: Mr. Gordon informed the Board that Myrna Rodenberger, the Clerk and Recorder, has requested that the Board permit her to contract with Sequoia Pacific as the single source for election materials, to replace another firm that is unable to complete the order. The Board had no objections to the single-source bid with Sequoia Pacific.

--Mr. Gordon noted that El Paso County Commissioner Brown had invited the Board to attend a meeting on June 7, 1994, to discuss the possibility of creating a front range toll road parallel to the existing Interstate 25. The Board requested that Mr. Gordon prepare a letter stating that they are unable to attend the meeting, and that the Board would appreciate it if Mr. Brown could keep them informed about the project.

--Mr. Gordon presented to the Board a letter from the Fort Collins Downtown Development Authority (DDA) noting the possible impact to the downtown area if the County were to relocate its offices. The Board requested Mr. Gordon to draft a letter to DDA explaining that they are aware of the possible implications, that the Board will give thorough consideration to all issues related to the proposed relocation of the County offices, and that they will keep DDA informed about all public meetings and the status of the proposal.

--Mr. Gordon stated that George Haas, the County Attorney, and Rex Burns, the Improvement District Administrator, have met with area homeowners about the Davis Ranch Road, and had explained that the County has no real interest in the road. Mr. Haas and Mr. Burns informed the homeowners that the County regards this as a civil matter. Commissioner Hotchkiss noted that the County had a road in the area at one time, but had abandoned the right-of-way in the mid 1960s after a flood made the road impassable.

--Mr. Gordon informed the Board that Michael Muskin with the Island Grove detoxification center had requested to meet with the Board to discuss the possibility of increasing services in the area. Currently, the County provides $25,000 a year to Island Grove, and provided transportation from County locations to the Greeley center. Mr. Muskin stated to Mr. Gordon that Island Grove was considering applying for an ADAD grant, and that they wanted to ask the County and the City of Fort Collins for an additional $15,000 each to match the grant funding. Chair Duvall suggested that Mr. Gordon set up a joint meeting with the County municipalities, the hospital district, and Island Grove to discuss a joint solution to the proposal.

5. COMMISSIONERS' REPORTS: Commissioner Disney informed the Board that the Glacier View Meadows Homeowners Association has invited the Board to attend its annual meeting on Saturday, July 2, 1994, at 8:00 a.m., and that Colorado Counties, Inc. (CCI) has invited the Board to tour the new Denver International Airport (DIA) on July 22, 1994. In addition, Commissioner Disney noted that the CCI General Government Committee may file a lawsuit against the State over a possible conflict between Amendment 12, which will be on the November general election ballot, and Amendment 1 (the TABOR Amendment) from 1992, as Amendment 12 appears to address more than one question. Commissioner Disney suggested that the County Attorney contact the CCI and Jefferson County attorneys on the matter.

--Chair Duvall noted that the CCI Urban Districts Committee has brought up procedural questions on lobbying; these questions will be addressed by an internal CCI review. In addition, Chair Duvall asked the Commissioners for their opinion about the wording of the Corridor Working Group's mission statement; the Board agreed that the mission statement should retain the phrase stating that the Group will be "fair to landowners," even though the mission statement also contains assurances that they will be fair to all parties concerned. Finally, Chair Duvall informed the Board about the National Night Out, a joint program between the County and the City of Fort Collins designed to increase public contact with local government officials. The Board agreed to participate, and the CONSENSUS OF THE BOARD is to contribute $500 from the Special Projects fund for promotional items such as T-shirts.

6. MEETING WITH LARIMER COUNTY FAIR BOARD: At this time, the Board moved into the Hearing Room to meet with representatives from the Fair Board, including Dr. John Cheney, Chair; Cathy Trout, Vice-Chair; and Ed Beard. Also present were: Tom Brown, 4H/Youth Coordinator; Bob Holt, Fairgrounds Director; Jim Dahmer, Instructor, Front Range Community College (FRCC); Cathy Beard, Livestock Sale Committee; George Colby, youth activist; and Michael Abrams, Assistant County Attorney. Dr. Cheney requested that the Board reconsider its decision of May 18, 1994, which advised the Fair Board that it had committed to the age 21 at its meeting of March 23, 1994 and that it should not reverse that commitment. Dr. Cheney noted that the Fair Board decided to raise the age limit for FFA members to age 21 on March 23, 1994, and that the Fair Board reversed its decision in a special meeting on May 9, 1994, and decided to retain the age 18 limit for FFA and 4H members a few weeks later upon learning more information, including the fact that the only young person affected by the change for the coming Fair was the daughter of Mr. Beard, the Fair Board member who moved that the Board raise the age limit. Mr. Brown noted that the Extension Office was not approached about this issue until after the decision was made, and Mr. Holt stated that the issues seemed to come up abruptly and should have been tabled for further review. Ms. Trout stated that the Fair Board had made its decision on the information that it would primarily help special education students who would otherwise be unable to show animals, and that questions have been raised about the propriety of Mr. Beard's participation in the discussion and voting because the Fair Board was unaware that his daughter was the only person affected by the change for this year's Fair.

Mr. Dahmer stated that he had approached the Fair Board about raising the age limit to age 20 because he does not get young people into the FRCC program until about age 16, and that several of the young people in the program would be classified as "learning disabled" and cannot effectively compete in other FFA competitions. While this is a new program, Mr. Dahmer noted that there is great interest in the program, and he expects participation to increase significantly. Ms. Beard stated that the Executive Committee of the Livestock Sale Committee had taken a neutral stance on the age change, and that it was incorrect of Dr. Cheney to represent that the Livestock Sale Committee was opposed to the change.

After discussion, the Board agreed that the Fair Board should continue with its original decision to permit FFA members to show animals at the Fair up to age 21 for this year, and that the Board should not reverse its decision of May 18, 1994. The Commissioners also expressed their hope that the matter could be worked out in an amicable fashion between FFA, 4H, the Extension Office, FRCC, and the Fair Board for the following years.

At this time, Chair Duvall left the meeting to attend the Corridor Study Meeting; Commissioner Disney presided as Chair Pro-Tem.

7. 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 16, 1994, and the Agenda for the week of May 30, 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: Jeffrey J. & Susan A. Sauter; Robert R. Cole; Consolidated Accounting Corp.; and Leo Grob.

Motion carried 2 - 0.

MOTION

Commissioner Hotchkiss moved that the Board approve the following miscellaneous documents: Kintzley Planned Unit Development-Second Filing Plat; and State Historical Fund Grant Application.

Motion carried 2 - 0.

LIQUOR LICENSES: Licenses were issued to: The Horsetooth Inn-6% WITH EXTENDED HOURS-Fort Collins CO; Spring Canyon Inn-6% WITH EXTENDED HOURS-Fort Collins, CO; Alman's Deliworks-6%-Fort Collins, CO; Loveland Country Store-3.2%-Loveland, CO; Johnson's Corner Campground-3.2%-Loveland, CO; and Edith Moynier Stark DBA End of the Trail Saloon-6% TEMPORARY WITH EXTENDED HOURS. County Approval was granted to: Sandy's Convenience Store-3.2%-Fort Collins, CO; and Glen Haven Area Volunteer Fire Department-SPECIAL EVENTS PERMIT-Glen Haven, CO.

MOTION

Commissioner Hotchkiss moved that the Board approve the following documents:

A94-92 AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND LEE FRUDDEN DBA AAA WEED CONTROL (Herbicide Applications)

A94-93 AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND MIKE FELTZ DBA A & L SERVICES (Mowing Services)

A94-94 AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND EARL ALPS DBA ALPS CUTTING SERVICE (Mowing Services)

A94-95 SUBDIVISION IMPROVEMENT AGREEMENT FOR HOMESTEAD PLANNED UNIT DEVELOPMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND DFC LIMITED LIABILITY COMPANY

R94-58g RESOLUTION REGARDING COMPENSATION OF ELECTION JUDGES (Under the Provision of Section 1-6-115 of the Colorado Election Code of 1993)

Motion carried 2 - 0.

MOTION

Commissioner Hotchkiss moved that the Board authorize the Chair to sign the closing documents for the purchase of less than five acres of land adjacent to the County Landfill from the Archdiocese of Denver, as previously approved by the Board.

Motion carried 2 - 0.

The meeting recessed at 11:15 a.m.

STANDING MEETING WITH JOHN BARNETT,

DIRECTOR OF PLANNING

(#44 & #45)

The Board of County Commissioners met at 2:30 p.m. in regular session with John Barnett, Director of Planning. Chair Duvall presided; Commissioners Disney and Hotchkiss were present. Also present were: Gayle Morgan, Planning Staff Services Manager; Russell Legg, Senior Planner; Jill Bennett, Comprehensive Planner; Brice Miller, Chief Building Inspector; Bob Keister, Budget Manager; and Bill Gordon, County Administrator. Recording Clerk, W. Gebauer.

Mr. Barnett and the other representative of the Planning Staff presented to the Board a Pre-Budget Package with statistics, a workload assessment, timelines for certain programs, options for different levels of service, and four different budget options. Mr. Barnett noted that there was a 60% increase in revenue and workload in the first three months of this year over the same time period last year, although the increase has leveled off somewhat in the last month. Furthermore, Mr. Barnett stated that the Planning Department's scope of interest and involvement in special projects has also increase significantly. Two of the budget options are for a base levels of service that would not meet all of the program requirements from the Board, and both would still require additional funding to meet budget shortfalls. In order to complete the Board's work program (option #3), $281,873 would be needed in 1994 and #327,499 in 1995. A fourth option, for enhanced services such as system-wide code enforcement, would require $494,387 in 1995.

The Board discussed different options for coping with the increased workload in Planning and Building Inspection from growth in the County. The Board agreed that attempting to limit the number of permits would be problematic, but also agreed that it is important to attempt to find improved means of handling new development projects so that the Planning Department can adequately managed the increased workload. Some of the options discussed included raising development fees so that they are more in line with the actual costs involved for the County, and paying closer attention to development requirements, including checking that potential developers have sufficient financing, so that the County does not spend time and money approving projects that are never developed. Mr. Barnett and the other Planning representatives agreed to look into these and other options, and to provide the Board with an update at the Standing Meeting on June 14, 1994.

The meeting adjourned at 3:50 p.m.

_____________________________________

JANET DUVALL, CHAIR

BOARD OF COUNTY COMMISSIONERS

( S E A L )

ATTEST:

______________________________________

Sherry E. Graves, Deputy County Clerk

May 23, 1994