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PROCEEDINGS OF THE BOARD OF COUNTY COMMISSIONERS

MONDAY, AUGUST 15, 1994

SUBDIVISIONS

(#95, #96, #97 & #99)

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, Senior Planner; Jerry White, Zoning Administrator; Richael Michels, Planner; Jay Meehl, Associate Planner; Rex Burns, Engineering; Jerry Blehm, Environmental Health; and Jeannine Haag, Assistant County Attorney. Recording Clerk, S. Graves.

Mr. Barnett noted that the applicants for the Lake Country Estates and the Royal Vista Subdivision have requested tabling of their items until September 19, 1994.

M O T I O N

Commissioner Disney moved that the Board table the Lake County Estates (#94-MS0426) and the Royal Vista Subdivision (#94-SU0504) until September 19, 1994, as requested by the applicants.

Motion carried 3 - 0.

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

1. NAMAQUA HILLS 2ND EASEMENT VACATION (#94-0S0543): 08-05-69;

CLIFFSIDE DRIVE, WEST OF LOVELAND; R1-RESIDENTIAL ZONING;

(08-15-94)

This is a request to vacate a portion of a utility easement to correct an encroachment. Staff Findings include: 1) Namaqua Hills Second Filing was approved in 1972; 2) Lot 22 includes a ten-foot utility easement along the south lot line. Recent construction encroaches on this easement; 3) All utilities serving this area have reviewed the proposed vacation and all approved the request. Public Service added a condition that the caisson

above their existing electric line be removed; 4) The County Health and Engineering Departments reviewed the proposed vacation and stated no objections.

Staff Recommendation is for approval of the request to vacate five feet of the ten-foot utility easement along the south line of Lot 22, Namaqua Hills Second Filing, with the following conditions: 1) The applicant shall provide a written metes and bounds description of the portion of the easement being vacated. This description shall be signed and sealed by a licensed surveyor; 2) The caisson above the Public Service electric line shall be removed before the resolution vacating the easement is recorded. Removal of the caisson shall be certified by the applicant's engineer.

2. LAPORTE CHRISTIAN SPECIAL REVIEW (#94-ZR0468): SE 1/4

20-08-69; NORTH OF COUNTY ROAD 54G, 1/2 MILE EAST OF

COUNTY ROAD 21C (UNITS A AND B OF THE KINTZLEY PLANNED

UNIT DEVELOPMENT); .05 ACRES; C-COMMERCIAL ZONING;

(08-15-94)

This is a request to allow a church in the C-Commercial Zoning District for Saturday evening services. Staff Findings are: 1) This proposal is located in the Community Center area of LaPorte Area Land Use Plan and meets the criteria set forth in that document for allowing new development; 2) This project would utilize facilities, existing access, and existing parking during hours when few other businesses would be using them providing for efficient use of space and eliminating the potential for increased traffic conflicts; 3) The Fire Authority, the Health Department, the Engineering Department, and other reviewing agencies have reviewed this application and have stated no objection to it with certain conditions; 4) Approval of the Special Review would not impair the public health, safety, or welfare and would likely increase community involvement.

The Planning Commission/Staff recommendation is for approval of the LaPorte Christian Church Special Review, with the following conditions: 1) This approval shall be for the LaPorte Christian Church only; any change in leasee would require a new Special Review; 2) Taxes on the Kintzley Planned Unit Development structure shall not be abated due to having a church on the premises; 3) If services expand beyond that which has been outlined in the application, then a new Special Review will be required. The Planning Director or his designee shall have the authority to allow for minor expansions, such as increased office hours for the Pastor.

3. STORAGE AT THE PINES URBAN GROWTH AREA WAIVER REQUEST

(#94-ZR0470): 25-06-69; EAST OF HIGHWAY 287 AND SOUTH OF

COUNTY ROAD 30; 21.4 ACRES; 1 LOT; C-COMMERCIAL ZONING;

(08-15-94).

This is a request for a waiver from the requirement for public sewer in the Loveland Urban Growth Area for mini-warehouse storage; they propose to use existing septic system until public sewer is available. Staff Findings include: 1) The requested waiver is consistent with the Intergovernmental Agreements with the City of Loveland and with the County Zoning Resolution; 2) The waiver will not result in any unplanned public expense, and will not be detrimental to the public health, safety or welfare; 3) Public sewer is not presently available to serve this property; 4) The County Health Department and the South Fort Collins Sanitation District have indicated no objection to the waiver.

The Planning Commission/Staff recommendation is for approval of the waiver, with the following conditions: 1) The owner shall not resist involuntary annexation by the City of Loveland; 2) The owner will agree to connect to sewer when public sewer is available on the east side of Highway 287, and is within 400 feet of the property, and the property can be provided public sewer without use of a lift station.

4. HIGHLAND PLACE AMENDED PLAT (#94-SA0524): SE 25-08-69;

SOUTHEAST CORNER OF THE INTERSECTION OF RICHARDS LAKE

ROAD AND ABBOTSFORD STREET; 8.14 ACRES; 3 LOTS; FA-FARMING

ZONING (08-15-94).

This is a request for an Amended Plat of Tracts 29 ABC, of Amended Plat of Tracts 29 and 38, Highland Place Subdivision - a reconfiguring of three lots resulting in bigger building lots. Staff Findings are: 1) Highland Place was platted in 1909; 2) The Amended Plat of Tracts 29 and 38 was recorded July 21, 1986; Legal lot status has been confirmed for the two adjacent lots; 4) Lot configurations were based on recommendations by Al Kadera, Larimer County Subdivision Administrator; 5) Zoning for the parcels is FA-Farming, with a lot size minimum of 2.29 acres (utilizing septic). The proposed lot configuration will produce three parcels that meet this requirement; 6) Health Department has no objection to the proposal; 7) The Engineering Department has reviewed the Amended Plat and addressed areas of concern; 8) No objections from the utility providers.

Staff recommendation is for approval of the condition that corrections listed below take place and the updated plat be rerouted through the Engineering Department for verification of corrections prior to recording: 1) Those plat mistakes noted in the July 27, 1994 letter from the Engineering Department.

5. HORSETOOTH LAKE ESTATES AMENDED PLAT (#94-SA0525):

NE 01-06-70; LOCATED ON SANDSTONE DRIVE IN HORSETOOTH

LAKE ESTATES; 2.29 ACRES; 5 LOTS; O-OPEN ZONING (08-15-94)

This is a request for an Amended Plat of Lots 232, 233 and 234 of Horsetooth Lake Estates - division of Lot 233, to be added to the original Lots 232 and 234, creating two larger lots 232A and 233A. Staff Findings include: 1) The Horsetooth Lake Estates was platted July 28, 1964; 2) The current lots in question have not gone through a prior Amended Plat or replat process; 3) The current Amended Plat of Lots 232, 233 and 234 does not create an additional lot; 4) No objections from the Health Department; 5) Utility providers have found no objections to the plan.

The Staff recommendation is for approval of the condition that the following corrections take place and the updated plat be rerouted through the Engineering Department for verification of corrections before recording: 1) All corrections be completed as noted in the June 21, 1994 letter from the Engineering Department.

M O T I O N

Commissioner Hotchkiss moved that the Board adopt the Staff Findings and Staff/Planning Commission Recommendations and approve the Namaqua Hills 2nd Easement Vacation (#94-0S0543); LaPorte Christian Special Review (#94-ZR0468); Storage at the Pine Urban Growth Area Waiver Request (#94-ZR0470); Highland Place Amended Plat (#94-SA0524); and the Horsetooth Lake Estates Amended Plat (#94-SA0525); each, with the conditions as outlined above.

Motion carried 3 - 0.

6. ENCLAVE SUBDIVISION (#94-SU0429): NE 24-06-69; SOUTH SIDE OF

COUNTY ROAD 32 ABOUT 1/2 MILE EAST OF US HIGHWAY 287,

1/4 MILE WEST OF COUNTY ROAD 13; 40.76 ACRES; 8 LOTS;

FA-1 FARMING ZONING (08-15-94)

This is a request to divide 40 acres into 8 lots of 3.75 to 6.35 acres for single family residential use (Reviewed as the Outland Subdivision at Concept Technical Review). Mr. Kadera provided the background information and reviewed major concerns and issues. Mr. Kadera noted that staff recently was informed of burrowing owls on the site and is recommending a condition be added that the site be reviewed by a qualified person, retained by the applicant, to determine the validity of this fact and what to do about them. Staff Findings are: 1) The proposed Enclave Subdivision is consistent with the guidelines for development in the Rural Non-Farm area designated in the Intergovernmental Agreement for the Fort Collins and Loveland Urban Growth Areas; 2) The proposed Enclave Subdivision inconsistent with the zoning of the site and with existing development in the immediately area; 3) This project has adequate water, sewer, fire protection, utilities, and access; 4) Approval of the proposed Enclave Subdivision will not result in any significant negative impacts on surrounding properties, utility services transportation facilities, or the natural environment.

The Planning Commission/Staff recommendation is for approval of the Preliminary Plat for the Enclave Subdivision, with the following conditions: 1) The Final Plat for this project shall be completed in strict conformance with the conditionally approved Preliminary Plat and with the provisions of the Subdivision Resolution; 2) Construction plans shall be approved by the Loveland Fire Prevention Bureau, Fort Collins/Loveland Water District, South Fort Collins Sanitation District, and the County Engineer; 3) The "Building Limit" on Lots 1 - 4 and 8 shall be shown on the Final Plat in a manner that will protect the wetland from construction and will ensure that all buildings will be at least 100 feet from the centerline of the water course; 4) Prior to Final Plat approval, the applicant shall successfully petition into the South Fort Collins Sanitation District; 5) The Final Plat application shall include a plan to deal with the prairie dogs on this site; 6) The following notes shall appear on the Final Plat: A) Property owners shall not disturb any wetland area on this site without first obtaining a permit from the Army Corps of Engineers; B) Park fees, drainage fees, and off-site road fees shall be collected when building permits are issued for single family dwellings on this site; C) Engineered foundation plans shall be required for all construction on this site; D) The results of a radon test shall be submitted to the Planning Division before a Certificate of Occupancy is issued for any residential structure on this site. The radon test shall be conducted after the structure is enclosed and shall be done according to accepted industry standards; 7) The Final Plat application shall include provisions for the formation of a Homeowners' Association with a mechanism for collecting dues or fees for the purpose of maintaining the street, common area, and walkways shown on the plat; 8) Utility easements and drainage easements needed to provide service to these lots shall appear on the Final Plat; 9) The Homeowners' documents for this project shall include provisions to require the immediate reclamation of building sites after construction to minimize the potential for soil erosion.

Dave Shupe, Engineer representing the applicant, addressed the Board and stated that the Board intends to change the name of this subdivision to Stanton Bridge and noted that the applicant agrees to all the conditions listed, including the request to investigate the possibility of burrowing owls on the site. Commissioner Disney also recommended that a condition be added that a 10-foot walkway be required for children to walk to the elementary school and that a note be added to the plat that installation of fire sprinklers be required in all residential buildings on this site. Margaret Miller expressed her concern for other wildlife species in the area, such as eagles, foxes and coyotes and Denise Praizler asked the Board to deny this request because of the wildlife in the area and read environmental concern regulations from the Fort Collins Urban Growth Plan.

Discussion followed; Chair Duvall stated that, in her opinion, it would be premature to approve this request before the wildlife study is completed and the Corridor Task Force recommendations are submitted and considered. Commissioner Disney agreed.

M O T I O N

Commissioner Disney moved that the Board table the Enclave Subdivision (#94-SU0429) until January 19, 1995 to provide time for additional information to be provided to the Board regarding the concerns raised today.

Motion carried 3 - 0.

7. LIINDACRE MINOR RESIDENTIAL DEVELOPMENT (#94-EX0488)

NW 1/4 14-05-69; NORTHWEST OF THE INTERSECTION OF

COLORADO AVENUE AND WEST 10TH STREET IN THE CITY OF

LOVELAND ABOUT 1/8 OF A MILE SOUTH OF US HIGHWAY 34;

1.24 ACRES; 2 LOTS; R-1 RESIDENTIAL ZONING (08-15-94)

This is a request for Minor Residential Development to divide 1.24 acres, with one existing residence, into two lots of 0.26 and 0.98 acres. Staff Findings include: 1) The proposed Lindacre Minor Residential Development is consistent with the zoning of he site and with existing development in the area; 2) The proposed Lindacre Minor Residential Development is consistent with the minimum requirements of the Subdivision Resolution; 3) The County Health and Engineering Departments have reviewed the proposed Minor Residential Development and recommended conditional approval; 4) Approval of the Lindacre Minor Residential Development, with the following conditions, will not result in any significant negative impacts on surrounding properties, utility services, transportation facilities, or the natural environment.

Staff recommendation is for approval of the Lindacre Minor Residential Development, with the following conditions: 1) The Final Plat shall be completed in strict conformance with the minimum requirements of the Subdivision Resolution; 2) Notes shall be added to the Final Plat concerning park fees, drainage fees, road fees, engineered foundation plans and radon tests for any residential construction on Tract B; 3) Any new construction on this site shall meet the minimum fire safety standards as determined by the Loveland Fire Prevention Bureau; 4) The removal of debris from this site shall be completed and inspected by the Health Department before the Final Plat is recorded; 5) Any new residential structures on this site shall be required to utilize public water and sewer; 6) The applicant shall execute an annexation agreement, to be recorded with the Final Plat.

Mr. Lindquist, applicant, addressed the Board in disagreement with condition #4 regarding the removal of debris because of the ambiguity of at what point cleanup will be satisfactory to the Health Department; he noted that they have been continually cleaning this site since they purchased it and erected a chain link fence around the property to prevent dumping on the property. Mr. Lindquist stated that the lot has had a non-conforming industrial type use since 1947 and they want to continue; they own construction type equipment and store those vehicles in the sheds; there is not a construction business operation on this property. Mr. Kadera stated that he thought the shop was used for hobby purposes and not for business use, and noted that staff would not have supported the MRD request on this basis. Mr. Barnett stated that storage incidental to an operation, such as parking of construction vehicles, is still part of a construction use. After discussion, the Board decided they need more information regarding the intended use of this property before they rule on this matter and should be continued until a later time and discussed with the City of Loveland as it may be annexed by them; Mr. Lindquist stated that Loveland is not interested in annexing residential property.

M O T I O N

Commissioner Disney moved that the Board continue the Lindacre Minor Residential Development (#94-EX0488) until September 19, 1994, to allow time to obtain more information concerning this matter.

Motion carried 3 - 0.

8. SUBDIVISION - LOT 10 AMENDED LOT (#94-SA0523): W 1/2 OF

NW 27-07-69; EAST OF TAFT HILL ROAD NEAR KINNISON DRIVE;

5.84 ACRES; 3 LOTS; FA-1 FARMING ZONING (08-15-94)

This is a request for an Amended Plat of the N 1/2 of Lot 10 of the Subdivision of a part of the W 1/2 of the NW 1/4 of Section 27 for creation of three lots with the condition that Lot 1 and Lot 3 are not being developed until annexed by the City of Fort Collins. Staff Findings are: 1) The north half of Lot 10 was created before May 5, 1972; 2) The applicant has applied for and received a Lot Size Variance for Lot 1 and 2 (Variance File #94-VT0463); 3) The applicant has complied with the development restriction by noting this on the proposed plat; 4) The Health Department has no objection, assuming there will be no new buildings or septic systems while the parcels are still in the county; 5) Utilities do not object to the proposed plan; 6) The Engineering Department has noted some needed corrections on the plat.

Staff recommendation is for approval of the condition that Mr. Marcy provides written proof that the vacant parcels have been included in a proposal for annexation. In addition, the corrections listed below take place and the updated plat shall be rerouted through the Engineering Department for verification of corrections prior to recording: 1) Wording for a Health Department approval be included in the plat; 2) The access road to parcel 9727205014 be shown on the plat; 3) All corrections be completed as specified in the June 24, 1994 letter from the Engineering Department.

Mr. Marcy, applicant, reviewed the current family situation noting that he intends to sell the property to settle the estate of his parents; he is in disagreement with the condition that he provide written proof that an annexation proposal has been filed prior to recording of the plat. Mr. Barnett responded that the property in question is immediately adjacent to and could be eligible for annexation into the City and the reason for the condition is for third-party protection; in the future, a third-party could buy one of the lots and apply for a building permit, not being aware of the possibility for annexation. Discussion followed.

M O T I O N

Commissioner Hotchkiss moved that the Board adopt the Staff Findings and Staff Recommendation and approve the Subdivision - Lot 10 Amended Plat (#94-SA0523), with conditions as outlined.

Motion carried 3 - 0.

9. O'DONNELL MINOR RESIDENTIAL DEVELOPMENT APPEAL

(#94-0S0522): 25-05-71; WEST OF PINEWOOD RESERVOIR;

O-OPEN ZONING (08-15-94)

This is a request to appeal the Minor Residential Development Regulations to allow a Minor Residential Development to be processed to create these lots which do not meet minimum lot size and are located in Range 71 West. Mr. Kadera reviewed the major concerns and issues and noted that approval of this request for appeal will not create two new building sites, just divide the property into two lots. Staff Findings include: 1) The property in question is located in Range 71 West, which is outside the area currently approved for Minor Residential Developments; 2) The property in question will not meet the minimum lot size required by the Zoning Resolution. The Board of Adjustment has granted a Lot Size Variance subject to the Commissioners' approval of a Minor Residential Development; 3) There are existing single family dwellings on each of the proposed lots; additional impacts on the demand for services in this area should not result from the approval of this appeal; 4) The current Minor Residential Development regulations require that all Minor Residential Developments be located in Ranges 68 and 69 West and that all proposed lots meet all the requirements of the Zoning Resolution and other County regulations. The staff recommendation is for denial of the appeal of Terrance P. and Rebecca L. O'Donnell.

Mr. O'Donnell stated that they have owned the property for sixteen years and when they purchased it, it was deeded as two five-acre parcels but never legally split. Mr. O'Donnell noted that a Variance was granted by the Board of Adjustment because of the unique circumstances of the two existing residences. They are requesting the division to create legality of ownership and for transfer to heirs and it would bring them into compliance with the current zoning regulation on use being limited to single family dwellings.

M O T I O N

Commissioner Hotchkiss moved that the Board approve the O'Donnell Minor Residential Development Appeal (#94-0S0522).

Motion carried 3 - 0.

10. WESTRIDGE RIGHT-OF-WAY VACATION (#94-0S0526): W 1/2

04-06-69, SW 1/4 33-07-69, SE 1/4 32-07-69; LOCATED ADJACENT

TO WESTRIDGE DRIVE FROM THE INTERSECTION WITH

COUNTY ROAD 38E TOWARDS THE SOUTHEAST; FA-1 FARMING

ZONING (08-15-94).

This is a request for a vacation of dedicated street right-of-way within the Westridge Planned Unit Development and the Westridge Minor Residential Development. Mr. Meehl reviewed the major concerns and issues; he submitted a map showing the area and its proximity to the Cathy Fromme Prairie noting that one of the possible future accesses into the Prairie would be through Westridge Drive Estates. Mr. Meehl stated that approval of this vacation would result in a gated community. Staff Findings are: 1) The proposed vacation of public streets would produce a closed community with a private road structure. Such action would be contrary to the Larimer County Subdivision Resolution; 2) A gated subdivision does not encourage identity with a greater community and is, therefore, contrary to the Larimer County Land Use Plan; 3) Private (gated) streets can be a hindrance to emergency vehicles and, therefore, does not promote health, safety and welfare; 4) The Larimer County Engineering Department does not recommend approval; 5) The City of Fort Collins Natural Resource Division does not recommend approval at this time; 6) The Larimer County Parks Department does not recommend approval at this time. Staff recommendation is for denial of the vacation of a dedicated street right-of-way within the Westridge Estates Planned Unit Development and the Westridge Minor Residential Development.

Lee Evans, President of the Westridge Estates Homeowner's Association, reviewed the history of the subdivision and the reason for this request noting that there is a tremendous amount of traffic going through their extended cul-de-sac, they have had numerous construction thefts, and as there is a scenic overlook of the city, it is a great place to party, etc. They now have a neighborhood of 30 families; the school bus does not drive into the subdivision, so the kids are on the street and they are concerned with safety. While reviewing options for solving their problem, the homeowners realized that the county owns the road, but the homeowners are responsible for maintenance and they have spent a considerable amount of money on maintenance. When they decided to erect a gate, it was then that they realized they didn't own the road. Mr. Evans stated that the homeowners in this subdivision are reasonable people and they are not going to deny access for emergency situations, they would just like to control the access to their subdivision and will continue to maintain their roads. Commissioner Disney asked about setting a precedent if this request is approved; Mr. Burns responded that he is not aware of other properties proposing this kind of change. Mr. Barnett stated that as this is a request for a vacation, they will need to proceed through the amended plat process. Vaughn Furness, representing the Parks Department, noted that the City of Fort Collins is in the process of working on a management plan for the Cathy Fromme Prairie and he recommends denial of this request until this management plan is in place to make sure there are access points to the Prairie. Mr. Evans requested that if the Board if thinking of denying this request, could they consider taking it under advisement until the management plan is completed. Commissioner Hotchkiss recommended that Mr. Evans withdraw the request. Therefore, Mr. Evans withdrew the request for the Westridge right-of-way vacation.

11. SHIELDS MINOR RESIDENTIAL DEVELOPMENT (#94-EX0467):

NW 33-07-68; 1/4 MILE EAST OF COUNTY ROAD 9 AND 1/2 MILE

NORTH OF HARMONY ROAD; 5.92 ACRES; 2 LOTS; FA-1 FARMING

ZONING (08-15-94).

This is a request to divide 5.9 acres into 2 lots of 2.6 and 3.3 acres for single family residential use; a Minor Residential Development Appeal was approved on February 22, 1994 (#94-0S0421). Mr. Legg provided the project and area description and reviewed the major concerns and issues noting that staff recommends denial of the Shields MRD because it would be more appropriate for this area to be included in the annexation request proposed by the applicant of adjacent property. Staff Findings include: 1) The western 18.4 acres of this property is in the process of annexation to the City of Fort Collins, leaving 5.9 acres west of the Fossil Creek Inlet Ditch. This application proposes division of that 5.9 acres into two lots, with access via an easement through the annexed portion; 2) Annexation of just a portion of this property results in a "pocket" of unincorporated land that is isolated by its location between city limits and a major irrigation ditch. Confusion about provision of services, maintenance responsibilities, police agency jurisdiction, addressing, and emergency response are often a result of these "pockets"; 3) The proposed lots are located within the Urban Growth Area and could be served by public sewer; 4) Approval of the proposed Shields MRD may result in negative impacts on access, provision of services, and emergency response, as well as confusion over maintenance responsibilities and governmental and policy agency jurisdiction.

Mr. Shields, applicant, addressed the Board and stated that the annexation referred to is still in process. Mr. Shields stated that included in the proposed annexation plat are streets and a cul-de-sac between the two lots being considered today; he is paying for all the utilities to come back to the property, there will be several accesses to the property, and most of the requirements for city annexation, such as fire hydrants, utilities, etc., will be met. Mr. Shields responded to comments made in a letter from Fort Collins City Planner Mr. Blanchard regarding the disturbance of vegetation, existing trees, ponds, wetlands, etc. Mr. Shields stated that those comments are completely false as there is not a tree nor wetlands on the site. Mr. Shields stated that he doesn't want this parcel in the city because then he will have to put in sewer and septic works great, and he wants to preserve his existing lifestyle. Mr. Blehm responded that he is 99% confident that the septic system will work satisfactorily for many years, but this property is immediately adjacent to the city limits and sewer lines; technically there is no problem with the septic system, but philosophically there is a problem. Mr. Barnett stated that the access to this site would be on a city street up to the end of a cul-de-sac and from then on it would be in the county and would eventually become a county enclave. Mr. Burns responded that he also recommends that these two parcels be annexed into the city.

M O T I O N

Commissioner Disney moved that the Board adopt the Staff findings and Staff recommendation and deny the Shields Minor Residential Development (#94-EX0467).

Motion carried 2 - 1; Commissioner Hotchkiss dissenting.

12. MCKEE CHARITABLE TRUST PLANNED UNIT DEVELOPMENT

PRELIMINARY PHASE PLAN AND MASTER PLAN (#94-MS0431):

SECTION 22, NORTH 1/2 SECTION 27, TOWNSHIP 06 NORTH,

RANGE 69 WEST; 1 1/2 SQUARE MILES LOCATED BETWEEN

COUNTY ROAD 18 AND 19, 1/2 MILE NORTH OF COUNTY ROAD 28;

960 ACRES; 328 LOTS; FA-1 FARMING ZONING (08-15-94)

This is a request for a Master Plan to divide 973 acres into 328 single family residential lots (on 150 lots) with 810 acres of open space; Phase One includes 161 lots on about 75 acres. Mr. Legg provided the project description and reviewed the major issues and concerns and noted that the first ten conditions listed below in the recommendation for approval are an attempt to address the concerns expressed by the City of Fort Collins. Staff Findings are: 1) The City of Fort Collins recommends denial; 2) The City of Loveland recommends approval; 3) The proposed Planned Unit Development with 810 acres of open space and residential net density of 2.1 units per acres clustered on the north 15% of the property complies with the intent and purposes statement contained in the land use element of the Intergovernmental Agreements with Loveland and Fort Collins; 4) The Larimer County Planning Commission adopts and interprets the Land Use elements of the Larimer County Use Plan; 5) With the conditions noted, the proposal will not have a negative impact on transportation systems, wildlife, wetlands, property values or utility systems; 6) The proposal is in conformance with existing FA-1 Farming zoning on the property and the Larimer County Planned Unit Development Resolution; 7) Prior to Final Plat approval, the applicant, City of Fort Collins and the County will need to insure that the proposal is consistent with the adopted Master Transportation Plan or is consistent with the adjacent approvals inside the City limits.

The Planning Commission/Staff recommendations are for approval of the Master Plan for McKee Charitable Trust Planned Unit Development, with the following conditions: 1) The Master Plan will expire within five years from the date of Board of County Commissioner approval. (The applicant requests 7 years, which is based upon the expiration date of the trust and staff does not object if the Board and Commission approve the request); 2) A Development Agreement applicable to heirs and assigns will be negotiated prior to the signing of the Findings and Resolution which details the timing and general requirements of a Conservation Easement to be placed on the south 810 acres of this property. The Development Agreement will also stipulate the area-wide road improvements required and the impact fees formula agreed to by the applicant. The Development Agreement will be recorded with the Findings and Resolution.

Also, the Planning Commission/Staff recommends approval of the Preliminary Phase Plan, with the following conditions: 1) The final plat shall be developed in strict conformance with the Larimer County Planned Unit Development Resolution and the plans, documents and reports submitted with case file #94-MS0431; 2) The applicant shall comply with the comments of the County Engineer noted in the letter dated May 24, 1994, including the intersection improvements required for the county roads as recommended in the applicant's traffic study; 3) An area-wide transportation fee shall be paid in accordance with the formula developed by the County Engineer; this fee shall be re-evaluated at time of approval at each phase of the project; 4) If wetlands, as defined by the Corps of Engineers, exist on the developed portion of the project, then the applicant will need to comply with the requirements of the Corps of Engineers; 5) The Final Plat submitted shall contain a report by a qualified wildlife specialist assessing the impacts, if any, of the development; compliance by plan, covenant and final landscaping plan is expected; 6) The final site plan shall conform to the existing topography of the land in a manner that takes advantage of existing elevations to minimize the view from the County Road System and that will minimize cut and fill in the developed areas. All cluster lots shall meet Planned Unit Development perimeter setback requirements. Internal cluster road intersections shall be offset to minimize turning movement conflicts or aligned to form a full intersection with the adjacent cluster. The collector street shall be landscaped with street trees approved by the County Forester and clusters shall maintain a minimum of 80 foot separation from the right right-of-way to the nearest cluster lot. The final plat shall contain a typical lot layout and structure arrangement with defined setbacks for all structures; 7) The applicant, the County Engineer, and the City of Fort Collins Engineer shall examine approved and proposed developments in the area in order to determine that access exists as contemplated by the adopted Larimer County Master Transportation Plan for the Fort Collins Urban Growth Area or that the appropriate amendments are accomplished; this action shall occur prior to Final Plat submittal; 8) The applicant shall comply with the requests of the reviewing agencies noted on pages 26 through 37 of the Planning Commission Agenda; 9) A satisfactory agreement for road improvements will need to be reached between the Public Works Division and the applicant. This will most likely take the form of a transportation fee per unit or a General Improvement District assessment; 10) A final landscaping plan will be required with emphasis on building treatment and structure location on the lot and shall be submitted with the Final Plat; 11) Easements shall be identified on the Final Plat; 12) An internal pedestrian circulation pattern shall be shown with the Final Plat and designed to serve school bus pick up areas, as requested by the school district serving this area; 13) A detailed final drainage and overlot grading plan will need to be submitted with the Final Plat; 14) A minimum lot size shall be defined as part of the Final Plat; 15) Notes will be required on the Final Plat concerning engineered footing and foundations; 16) Park Fees and neighborhood play areas shall be addressed at the time of Final Plat; 17) Drainage Fees per County requirements will be applicable and noted on the Final Plat; 18) Radon testing is required prior to occupancy permits and a note to this effect placed on the Final Plat; 19) The applicant shall contact and work with the school district regarding school bus pick up; 20) The fire protection issue regarding service area will need to be finalized at the time of Final Plat; 21) A long term rodent control plan will be required with the Final Plat; 22) Road maintenance will need to be specified through a Homeowners' Association or General Improvement District at the time of Final Plat and a note added to the Final Plat that Larimer County will not provide road maintenance to the development; 23) The land around the houses will need to be dedicated to the Homeowners' Association at the time of Final Plat recording; 24) A lighting plan will be required at the time Final Plat with safety lighting at critical intersections; 25) A conservation easement tract for the 573 acres shall be submitted with the first Final Plat; 26) Utilities will be required to be underground; 27) The entire property including the conservation easement tract shall be shown on the Final Plat; 28) At the time of Final Plat, street names shall be utilized that do not conflict with existing street names in Larimer County; 29) The following note regarding agricultural uses in the area shall be placed on the Final Plat and in the covenants: Prospective lot owners should be aware of the existing agricultural activities in this area. Agricultural uses often result in noise, odors, and/or dust that might not be compatible with residential uses. Larimer County will not take any action to stop or hinder legal agricultural uses of property uses in this area; 30) The developer will not proceed on this project until the intersection is improved, as currently planned at the intersection of Taft Hill Road and County Road 38E.

Mr. Burns reported that County Roads 17 and 19 currently have approximately 7,000 vehicles per day on them; a traffic impact report provided by the developer for this project estimates that an additional 300+ units will generate 3,000 more vehicles per day on these roads. Mr. Burns stated that the estimated cost for road improvements will be $1,500,000 per mile; they have proposed a formula whereby a road impact fee of $1,060 will be imposed on each lot at the time of application for a building permit. Mr. Burns noted that an alternative to this approach would be the formation of a general improvement district. Mr. Burns also noted that the development would also require certain auxiliary lane improvements, such as turning lanes and accel and decel lanes at the entrances to the project.

Lynn Hammond, McKee Chairtable Trust Trustee, reviewed the history of the McKee Trust and provided the background for the request today; he noted that they have proceeded in line with county regulations, received support from almost every entity, and spent nearly $100,000 in planning. Mr. Hammond stated that he believes that this proposal is consistent with what the corridor study group will recommend and that this proposal is an outstanding project. Mr. Hammond noted that in February they received a letter from the City of Fort Collins stating that this plan was in compliance with the land use plan; therefore, they moved ahead on that basis and received encouragement from the county staff, as the project is innovative and an answer to an existing problem. Mr. Hammond stated that if the county approves this proposal, they will make a commitment to undertake or enter into any unconditional contract with anyone for the acquisition of this property until after the November sales tax election; if approved, they would further agree that they would give the entity who makes decisions 90 days to decide whether they want to acquire this space in total and if so, they would agree to accept a sum not to exceed what was paid for the Loomis property and they would not make this offer to anyone else. In addition, they would agree to a condition to reserve County Road 32 on the north until a decision is made regarding what to do with it.

Jennifer Vecchi, Land-Use Planner for Rocky Mountain Consultants, submitted a packet of information regarding this proposal to the Board and a photograph showing the limits of the property and noted that since the Planning Commission meeting, ten more units have been eliminated from the project--there will be 318 instead of 328; also they are recommending height restrictions and planned the development along the contours of the land. Ms. Vecchi stated that they have created small clusters within the large cluster to give a rural feeling to the development, and they will all have access to the open space. Ms. Vecchi noted that this clustering concept has been very well received by county staff, the Planning Commission, and the City of Loveland;. Matt Deglich, (sp.) Traffic Engineer who conducted the traffic impact study, described how the traffic analysis and study were conducted and the results obtained.

Several citizens addressed the Board in opposition to approval of this request, stating that this proposal is inconsistent with the Larimer County Land Use Plan, the intergovernmental agreements with Fort Collins and Loveland, and the guidelines of the UGA. They further noted that the Loveland Planning Commission did not have all the facts before approving this proposal and expressed frustration that a "hold" has not been placed on the corridor and recommended that a moratorium should be place on development in the corridor until all studies are completed. There was concern that this is a major precedent-setting proposal, and wondered if future boards could change their mind and release the open space land for development. Ann Azari, Mayor of Fort Collins, submitted for the record a letter from herself to Chair Duvall and a formal resolution from the Fort Collins City Council; she read aloud a formal statement from the City of Fort Collins and City Council opposing this project, at least "at this time". In closing, however, she complimented the McKee Trust people for the good project they have proposed. Mr. Hammond responded to these concerns and stated that the Larimer County Land Trust will hold the conservation easement.

Commissioner Hotchkiss stated that this is a very important matter but expressed concern that this project will produce 850 people living in a new community without any economic or political structure. Commissioner Disney agreed that the proposal is a good one but stated that the request is premature as there are so many unresolved questions--schools, incomplete corridor study, unresolved open space tax question, transferable development rights, fire protection, transportation, level of services, etc. Chair Duvall stated that the proposal is an innovative concept, but it is premature. Mr. Hammond reminded the Board that this project will not commence for five or seven years. Discussion followed.

M O T I O N

Commissioner Disney moved that the Board table the McKee Charitable Trust Planned Unit Development Preliminary Phase Plan and Master Plan until 4:30 p.m. on January 24, 1995 to allow time for the Board to gather further information regarding transportation concerns and to review the recommendations of the Corridor Study Committee.

Motion carried 3 - 0.

The meeting adjourned at 2:00 p.m.










TUESDAY, AUGUST 16, 1994

PUBLIC WORKS STANDING MEETING

(#100)

The Board of County Commissioners met at 9:30 a.m. in regular session with Rex Smith, Director of Public Works. Chairman Pro-Tem Disney presided and Commissioner Hotchkiss was present; Chair Duvall was absent. Also present were Bob Felsburg, Vice President Felsburg Holt & Ullevig, Consulting Firm hired to develop the Larimer County Transportation Plan, and Frank Lancaster, Interim County Administrator. Recording Clerk, S. Graves.

1. Policy for County Participation in Roadway and Drainage Improvements in Subdivisions: Mr. Smith reminded the Board that several weeks ago they directed him to draft a resolution outlining a recommended policy for county participation in roadway and drainage improvements in subdivisions. Today, Mr. Smith submitted the resolution for Board approval and the Chair's signature, noting that it has been reviewed and approved as to form by the County Attorney.

M O T I O N

Commissioner Hotchkiss moved that the Board approve the Resolution to Establish a Policy for County Participation in Roadway and Drainage Improvements, and authorize the Chair to sign same.

Motion carried 2 - 0.

R94-99rb RESOLUTION TO ESTABLISH A POLICY FOR COUNTY

PARTICIPATION IN ROADWAY AND DRAINAGE

IMPROVEMENTS

2. Report on Request for TDP Funding: Mr. Smith reported that notice has been received from the State on the funding request for FTA funds to do the TDP (Transportation Development Plan); the request was for $25,000 and $17,500 was approved. Mr. Smith noted that the proposal is due September 6; until then, we won't know if the total of $17,500 is adequate to do the County's portion of the TDP or whether additional funding will be needed.

3. Larimer County Transportation Plan Discussion: Mr. Felsburg reported on the meeting held last week with the Technical Transportation Advisory Group, composed of Public Works, Road & Bridge, Planning, Human Resources and Parks representatives. Mr. Felsburg stated that good input was received and now they are in the process of compiling the information. Mr. Felsburg stated that the purpose of today's meeting is to receive input from the County Commissioners regarding what they hope to achieve with the Transportation Plan and there will be follow-up meetings throughout the process to keep the Board up to date.

Commissioner Hotchkiss requested clarification regarding the scope of the Larimer County Transportation Plan and was informed that it will primarily focus on roads in Larimer County and not State highways; the primary focus will be to determine how to better utilize the limited resources to enhance the system as the county continues to grow and thrive. Mr. Felsburg stated that their role is not as policy maker, but to recognize the information that is available and to pull that information together and bring it back to the Board for decisions. The Transportation Plan will give the County a prioritization program, assign functional classifications, and establish a process and identification of the needs based on population projections and economics. Mr. Smith stated that also included in this scope of work will be a look at our street impact fees; in this regard, Commissioner Disney asked how far out of sync Larimer County is with surrounding counties. Commissioner Disney noted that this Transportation Plan will be the first step toward recognizing priorities and they will request active citizen participation in the process. In summary, Commissioner Hotchkiss stated that the Board has to deal with today's problems in a very realistic way, we need to spend more time on short-range problems with a vision to the long-range problems; we need to have a balanced perspective. Mr. Felsburg responded that their work plan will focus on short range and long range plans.

4. Request for Removal of Trees on Trilby Road: In response to a call received concerning trees blocking the site distance on Trilby Road, Mr. Smith reported that the trees are on the public right-of-way and on the shoulder of the road and should be removed as they are creating a safety hazard. Before taking action, Mr. Smith requested direction from the Board whether or not to remove these trees as this action will generate irate phone calls to the Commissioners; the Board directed Mr. Smith to remove the trees.

The meeting adjourned at 10:35 a.m.

WEDNESDAY, AUGUST 17, 1994

ADMINISTRATIVE MATTERS

(#101)

The Board of County Commissioners met at 9:30 a.m. in regular session with Frank Lancaster, Interim County Administrator. Chair Duvall presided; Commissioners Disney and Hotchkiss were present. Also present were: John MacFarlane, Director of Parks; K-Lynn Cameron, Parks Planner; John Barnett, Director of Planning; Joan Duchene, Office Supervisor Commissioner's Office; and Frank Lancaster, Interim County Administrator. Recording Clerk, S. Graves.

1. REQUEST FOR APPROVAL OF GO COLORADO GRANTS FOR A LAND CONSERVATION PROJECTS: Ms. Cameron discussed the following three grant

applications with the Board and requested their approval and the Chair's signature on letters of support addressed to the State Board of the Great Outdoors Colorado Trust Fund:

A) Land Conservation Grant for Open Space in the Fort Collins/Loveland Corridor - a joint project with Larimer County, City of Fort Collins and the Larimer Land Trust to acquire 80 acres of native grassland in the Fort Collins/Loveland Corridor; this property is adjacent to the Cathy Fromme Prairie. They are asking GO Colorado for 50% of the funding for acquisition of this property; Larimer County would contribute $60,000 from the Conservation Trust Fund. Ms. Cameron stated that GO Colorado has $1.5 million to distribute throughout Colorado for land acquisition this year. Much discussion followed; the Board expressed concern with the asking price per acre and requested Ms. Cameron to attempt to negotiate with the seller of the property for a lower price, as they are concerned with setting a precedent for land prices in this area; they also requested an appraisal be done on this land. CONSENSUS OF THE BOARD was to approve the submittal of the grant proposal and authorize the Chair to sign the letter of support.

B) Planning Grant for the Front Range Mountain Backdrop Planning Project - an interjurisdictional regional planning project involving Larimer, Boulder, Jefferson, Douglas and El Paso Counties working together to protect the mountain backdrop--the interface between the plains and mountains. The five counties will integrate the information they have into unified data base to create a plan for five-county cooperation. Ms. Cameron stated they are considering putting in $5,000 toward this grant--a joint project within the County between the Parks and Planning Departments. Ms. Cameron noted that this is a planning study grant and a consultant will be hired to compile the information; she further stated that there is $250,000 statewide to be distributed. CONSENSUS OF THE BOARD was to approve the submittal of this grant application and authorize the Chair to sign the letter of support.

C) Planning Grant for Fort Collins Water Treatment Plant #1 - "Opening the Gateway" - a grant to remodel the decommissioned water treatment plant #1 and develop a conservation plan for this high quality natural resource area (400 acres of river valley and mountain side) and open it to public use for outdoor recreation purposes. Ms. Cameron stated that the County and the City of Fort Collins will each contribute $2,000 to develop this site plan and GO Colorado will contribute the remainder. CONSENSUS OF THE BOARD was to approve the submittal of this grant application and authorize the Chair to sign the letter of support.

2) DECISION REGARDING CASE LOAD MANAGEMENT: Discussion was held regarding whether or not the Board is ready to make a decision today to proceed with the caseload management project and initiate the public hearing process for the adoption of same. The Board will discuss this subject further during Policy Worksession tomorrow; in the meantime, CONSENSUS OF THE BOARD was to direct Mr. Barnett to proceed with initiating the public hearing process for the adoption of caseload management.

3) APPOINTMENTS TO THE EXTENSION ADVISORY COMMITTEE:

M O T I O N

Commissioner Disney moved that the Board appoint the following persons to the Larimer County Cooperative Extension Advisory Committee, as recommended by the Committee and County Extension Director Laurel Kubin: Joan Adams of Estes Park for a three year term ending June 30, 1997; Koger Propst of Fort Collins for a two year term ending June 30, 1996, and Warren Bridges of Bellvue, to fill the unexpired term of Sandra Wolfe, for one year ending June 30, 1995.

Motion carried 3 - 0.

Ms. Duchene will send letters of appreciation to Mr. Bill Sears and Mr. George Kleeb for their interest in serving on this committee.

4. WORKSESSION:

-- Mr. Lancaster asked the Board if they would like for him to schedule a meeting with the Clerk and Recorder to discuss letters the Board has received regarding dissatisfaction with the recent primary election; i.e., mix-up of non color-coordinated ballot cards, number punching, etc. Commissioner Disney noted he discussed this matter with Ms. Rodenberger yesterday and she is interested in meeting with the Board to discuss alternative voting procedures, etc.; Mr. Lancaster will schedule this meeting.

-- With reference to action the Board took last week regarding approval of a grant-funded FTE, Mr. Lancaster asked if the Board would like to authorize him to approve requests of this nature in the future, provided no county dollars are involved. The Board responded affirmatively and directed Mr. Lancaster to ensure the new FTE's are informed that if the grant is eliminated, the position will also be eliminated.

-- In response to queries from the Planning Commission regarding the taping of the joint meetings with the Board, Mr. Lancaster stated that the Hearing Room is not equipped to do the taping. Mr. Lancaster asked the Board if they would like to have the joint meeting in the Fort Collins City Council Chambers again so the meeting can be taped. Chair Duvall responded affirmatively, and directed Mr. Lancaster to look into expanding the capabilities in the Commissioner's Hearing Room to facilitate the taping of meetings.

-- Discussion ensued with regard to scheduling a regular meeting time for the Board to receive community input on unrestricted subjects with a limited time; Commissioner Disney stated he would prefer moving around the county for "County Seat for a Day", as they did previously. The Board directed Mr. Lancaster to "get this rolling again" and schedule the "County Seat for a Day" meetings in the unincorporated communities in the county.

-- Discussion ensued regarding re-arranging the seating in the Conference Room so the Clerk to the Board can be included as a recipient of handouts for the meetings, and facilitate the hearing of individual speakers. It was decided to have the Clerk sit at the table with the Board, on an experimental basis.

-- Mr. Lancaster asked the Board if there were additional subjects they would like added to the agenda for tomorrow's Policy Worksession, in addition to discussion of caseload management and appointed officials in general.

-- With regard to the slide show Mr. Lancaster is working on, a draft outline of what should be included in the show is being circulated. Mr. Lancaster requested direction from the Board as Chair Duvall had asked about possibly having a slide and photograph contest so the show would have citizens participating; Commissioner Disney suggested expansion of the theme to include photographs showing things that contribute to the quality of life in Larimer County but also detract, in order to give a more balanced picture and possibly include other media. The show is going to be called "Framework for Action for Managing Growth in Larimer County. Mr. Lancaster cautioned the Board that the slide show needs to be kept simple and remain focused in order to have it ready in a timely manner; to do otherwise, would take a long time to put together.

5. COMMISSIONER'S REPORTS:

-- Chair Duvall submitted a letter from Cpl. Don Griffith of Emergency Services outlining a first draft on regulations for defensible space for wildfires; the letter was given to Mr. Lancaster to keep this project moving forward.

-- Commissioner Disney reported that at the Urban District Meeting it was recommended that the Committee get involved with Colorado Municipal League and the State Legislature to do a cost of growth statewide study and tie that to the tax restructuring; the recommendation passed unanimously.

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

M O T I O N

Commissioner Disney moved that the Board approve the Minutes for the week of August 8, 1994 and the Agenda for the week of August 22,. 1994, as submitted.

Motion carried 3 - 0.




M O T I O N

Commissioner Disney moved that the Board adopt the following miscellaneous documents: 1) Master Contract Close-Out PY 91 Forms (a) Grant Recipient's Assignment of Refunds, Rebates and Credits (b) Contract Closeout Tax Certification (c) Grant Recipient's Release (d) Property Certification and Request for Disposition Instructions (e) Schedule of Unclaimed Checks; 2) Letters regarding Social Services restructuring; 3) Amended Plat of Tracts 29ABC of Amended Plat of Tracts 29 and 38, Highland Place Subdivision; 4) Ptarmigan 3rd Filing - Final Plat.

Motion carried 3 - 0.

LIQUOR LICENSES: A SPECIAL EVENTS PERMIT was issued to the Greater Ram Club Spirit Committee - 3.2% - CSU Hughes Stadium Parking Lot, Fort Collins, CO. County Approval was granted to: The Greeley Jr. Chamber of Commerce for a 3.2% SPECIAL EVENTS PERMIT, with a Waive of Hearing for the Greeley Jaycees, 1407 8th Avenue, Greeley, CO., event to be held at I-25 Motor Plaza, 7301 SW Frontage Road, Fort Collins, CO. on September 10, 1994 from 2:00 p.m. until 11:00 p.m.; and to the State Board of Agriculture for CSU, Fort Collins, CO. with a waive of hearing for a 3.2% SPECIAL EVENTS PERMIT, event to be held on September 10, 1994 from 9:00 until 6:00 p.m.

M O T I O N

Commissioner Disney moved that the Board approve the following documents:

A94-134 WARRANTY COLLATERAL AGREEMENT FOR COUNTRY

MEADOWS PHASE I BETWEEN THE BOARD OF COUNTY

COMMISSIONERS AND HILLSIDE COMMERCIAL GROUP

C94-51 CONTRACT BETWEEN THE BOARD OF COUNTY

COMMISSIONERS AND THE STATE OF COLORADO,

DEPARTMENT OF HEALTH CARE POLICY AND

FINANCING (Medicaid - Fee for Service Contract)

D94-22 QUIT-CLAIM DEED FOR LOT 18, CRYSTAL LAKES

THIRTEENTH FILING P.U.D.

D94-23 QUIT-CLAIM DEED FOR LOT 80, CRYSTAL LAKES

TWELFTH FILING P.U.D.

D94-24 QUIT-CLAIM DEED FOR LOT 81, CRYSTAL LAKES

THIRTEENTH FILING P.U.D.

D94-25 QUIT-CLAIM DEED FOR LOT 101, CRYSTAL LAKES

FIFTEENTH FILING P.U.D.

D94-26 QUIT-CLAIM DEED FOR LOT 78, CRYSTAL LAKES

TWELFTH FILING P.U.D.

R94-100s RESOLUTION REGARDING RELEASE OF COLLATERAL

FOR COUNTRY MEADOWS, PHASE I

R94-101s RESOLUTION REGARDING RELEASE OF COLLATERAL

FOR SOLAR RIDGE FIRST FILING

R94-102rb FINDINGS AND RESOLUTION APPROVING THE PROPOSED

STREET NAME ON COUNTY LINE ROAD

R94-103g RESOLUTION PROPOSING THE ADOPTION OF LARIMER

COUNTY LAW ENFORCEMENT AUTHORITY

Motion carried 3 - 0.

M O T I O N

Commissioner Hotchkiss moved that the Board go into Executive Session with Sheriff Shockley at 11:15 a.m. to discuss a personnel matter.

Motion carried 3 - 0.

The meeting recessed at 11:45 p.m.; no action taken.

MEETING TO DISCUSS DETOX

SERVICES IN LARIMER COUNTY

(#102)

The Board of County Commissioners reconvened at 1:30 p.m. in regular session to discuss detox services in Larimer County with representatives of the cities of Fort Collins and Loveland, Island Grove Regional Treatment Center, and Team Fort Collins. Chair Duvall presided; Commissioners Disney and Hotchkiss were present. Also present were: Richard Shockley, Larimer County Sheriff; Tess Heffernan, City of Fort Collins; Keith Olson, Executive Director of Mental Health; A. Paul Couget; Michael Muskin, Team Fort Collins; Bill Nestlerode, Larimer County Sheriff's Department; Brian Moeck, City of Loveland; David Davison, Loveland Police; Frank Lancaster, Interim County Administrator; BJ Dean, Island Grove; Bill Wendt, Island Grove. Recording Clerk A. Jensen.

Chair Duvall began the meeting by asking Mr. Lancaster if the purpose of this meeting was to make a decision or for informational only; Mr. Lancaster replied that it was his understanding that this meeting will cover funding and allocation of costs with respect to which agencies use the detox services for individuals taken into police custody. Chair Duvall referred to a previous meeting with Ms. Dean regarding the breakdown of costs and the contribution levels of different governmental agencies to Island Grove for detox services for the 1994 fiscal year. Mr. Lancaster made reference to a spreadsheet he submitted, stating that Larimer County contributes 77% of the funding for detox services but only refers 8% of the total clients to Island Groves for services. The City of Fort Collins contributes 16% to the fund and refers 57% of the total clients. The City of Loveland contributes 8% for funding, but refers 35% of the total clients. The total allocated for this service is $32,100. Mr. Lancaster continued by saying that there needs to be an adjustment to equalize these percentages.

Chair Duvall stated that one issue that needed to be resolved today was the financial contribution to Island Grove and then asked Mr. Muskin to elaborate on the other issues also needing resolution. Mr. Muskin said Team Fort Collins has put together a proposal to increase services to the community to have staff designated to transport clients referred by Larimer County, and provide follow-up care to treatment in hopes of reducing the recidivism rate. Proposal 1 would cost approximately $48,000 a year, whereas Proposal 2 is approximately $46,000 annually. Ms. Dean clarified that this $48,000 was for additional services for Larimer County and is to be considered separate from the funding for basic services already in place. Sheriff Shockley continued by saying that Team Fort Collins became involved in the strategic planning process; this process identified two areas that were in need of different types of services. The two areas identified that drained law enforcement entities the most were juvenile and detox services. This process led to the two proposals for additional services to alleviate the time spent by law enforcement officers in handling individuals with alcohol problems. Ms. Dean further discussed the merits of have additional services available, mainly to increase the response time, by adding staff and picking up individuals with an alcohol problem so law enforcement officers may return to their other duties quicker.

Chair Duvall asked Sheriff Shockley if he felt this proposal would help the current situation; the response was that these arrangements seem to work well initially, but fade as time passes. Overall, Sheriff Shockley felt this proposal would be a substantial benefit for all involved. Chair Duvall suggested possibly having a stronger contract to insure that the original agreement is adhered to for both Island Grove and governmental agencies utilizing Island Grove's services. Mr. Muskin stated that since the State does not have money to contribute to fund a detox center for Larimer County, that this is the best alternative without actually building a detox center.

The discussion continued with Chair Duvall stating that the question for today is how or if we want to contribute to the cost of additional services being offered by Island Grove. Discussion led to the topic of how much each governmental entity should pay for the clients that are referred. A member of the audience inquired as to how Island Grove determines where each client is referred from (City of Fort Collins vs. unincorporated Larimer County); Ms. Dean stated that she uses the client's zip code to make a determination and that this method of determination needs to be refined. Ms. Dean reviewed the history of arrangements between Island Grove and the various governmental agencies in Larimer County.

Dr. Olson made reference to the fact that Larimer County has hidden costs which the cities do not pay, such as legal fees for certifications by the County Attorney as well as transportation costs for treatment beyond Island Grove, if needed for a client. Dr. Olson expressed his support for the additional services.

Ms. Heffernan expressed her support for this proposal to expand services from Island Grove, especially with respect to the extra case management these expanded services would allow.

Mr. Couget felt that by having these expanded services in place that the hospitals would have more time to take care of other patients. Sheriff Shockley suggested that since this program would have such substantial impact on the hospitals, in keeping intoxicated individuals out of their emergency rooms, we should ask them to be participants in this process.

Officer Nestlerode emphasized how time consuming it is for a law enforcement officer to handle an inebriated client; that being able to drop off these particular clients locally would allow officers to spend more time on other duties. Ms. Dean stated that ultimately the goal is to have a hold site for all law enforcement entities in Larimer County to drop off these clients. Ms. Dean went on to clarify that the figure of $48,000 mentioned, for expanded services, is to have additional staff at peak time periods to be designated to respond to calls from the various Larimer County law enforcement entities to pick up clients. Much discussion followed regarding Weld County, their system of handling clients and funding for these services.

Commissioner Disney inquired as to whether or not clients are charged for these services. Ms. Dean replied that "yes" they are charged for services on a sliding fee scale, but that Island Grove is not able to always collect payment. Island Grove has become more aggressive in trying to collect payment in the last couple of years. Commissioner Disney then asked Ms. Dean how much of their budget is supplemented by payments; Ms. Dean responded that 8%-10% of their budget is from clients paying for detox services.

Chair Duvall summarized the meeting by saying it sounds as if this group is in agreement with respect to enhancing the services offered by Island Grove, but that the matter of the percentages paid by each governmental entity is yet to be resolved. Chair Duvall requested that a special committee be appointed and to report back to the Commissioners in one month.

Meeting recessed at 2:50 p.m.

MEETING REGARDING CABLE TELEVISION AGREEMENT RENEWAL

AND OPTIONS FOR COUNTY DEPARTMENTS'

UTILIZATION OF CABLE SYSTEMS

FOR DISSEMINATION OF PUBLIC INFORMATION

(#103)

The Board of County Commissioners reconvened at 3:00 p.m. in regular session with the Ad Hoc Cable TV Committee. Chair Duvall presided; Commissioners Disney and Hotchkiss were present. Also present were: James Weitz, Deputy Assessor; Bob Keister, Budget Manager; Patrice Luehring, Purchasing; Russell N Legg, CATV Coordinator; Laurie Klith, Sheriff's Department; Mike Bryant, Access and Utility Coordinator; Bob Conihan, Columbine Cablevision, and Frank Lancaster, Acting County Administrator. Recording Clerk, W. Gebauer.

Mr. Legg and the Ad Hoc Cable TV Committee requested that the Board approve the hiring of an outside consultant, Riveroaks Cable Corporation of Colorado Springs. Riveroaks would assist in the negotiation of contract renewals with the five cable television companies operating within the County. If the Board approved, Riveroaks would also study the utilization of cable television for public education and access to County boards and commissions. The committee also asked the Board to consider organizing a more permanent structure for the Cable TV Committee. Mr. Legg noted that the Planning Department has managed the current agreements with the cable companies for approximately thirteen years. The County monitors consumer complaints about the cable companies and checks that the companies meet bonding, insurance, and technical requirements. Mr. Bryant advised the Board that significant damage occurred to private property when cable television was first installed in some areas. In response, the County adopted some of the toughest standards in the state, which has minimized complaints, though none of the cable companies is completely free of problems. The cable companies have the right to use County right-of-ways and dedicated utility easements. The County currently receives a 3% franchise fee from the cable companies, but the Federal Cable Act, as amended, authorizes the County to raise the fee to 5%.

Chair Duvall asked why the committee believes that an outside consultant is necessary for the contract renewals. Mr. Legg replied that changes in the federal statutes have increased the complexity of the renewal process. Either the County or the cable companies may request that the renewal process start up to three years before the current contracts expire; the County can expect each renewal to last approximately one year. Columbine Cablevision has notified the County that they wish to start the renewal process for their contract, which will expire on May 11, 1997; Mr. Conihan stated that Columbine Cablevision does not anticipate an adversarial relationship between the County and the company over the contract negotiations. Commissioner Hotchkiss stated that the Board should review the cable contracts carefully because they are in force for fifteen years. Mr. Legg stated that Jeannine Haag, Assistant County Attorney and committee member, has said that she supports the hiring of a consultant because of the complexity and duration of cable TV contracts. The committee recommended Riveroaks Cable Corporation because of their national reputation and because Riveroaks has assisted the cities of Fort Collins, Loveland, and Greeley with their contract renewal negotiations. As such, the County can make use of the work already done by Riveroaks for the three cities. Commissioner Disney asked if the contracts must be fifteen years long; Ms. Luehring replied that the time period is flexible. Chair Duvall and Commissioner Disney expressed their desire that the cable agreements be expanded in order to increase public access to County meetings and information. Mr. Keister added that the agreements may even include such things as communications between County buildings and offices.

In a worst-case scenario, Mr. Bryant stated that retaining Riveroaks for both contract renewal and service expansion would cost between $68,000 and $114,000. Mr. Legg added that he was reasonably confident that the expenditure for contract renewal would be between $30,375 and $50,000, and that the expenditure for both contract renewal and service expansion would be under $80,000. The money for the contract renewals would come from the General Fund, and the money for reviewing the expansion of public information through cable TV would come from a reserve fund. This fund consists of money that the cable companies paid to the County lieu of their providing certain services, and the money was put aside in an interest-bearing account with a current balance of $29,600.84. Mr. Bryant noted that part of the expenditures for the contract renewal would be for a full technical review of the Intermountain Cable system, which may be in violation of technical standards.

MOTION

Commissioner Hotchkiss moved that the Board authorize the Staff to prepare an agreement with Riveroaks Cable Corporation to negotiate the renewal process for the five cable companies and to study ways that the County could use cable television to disseminate public information, and that the Board authorize the expenditure of not more than $80,000 for these purposes, with $50,000 to come from the 1993 carryover of the General Fund, and approximately $30,000 to come from the reserve fund obtained from the cable companies in 1987.

Motion carried 3 - 0.

The meeting adjourned at 3:50 p.m.


_____________________________________

JANET S. DUVALL, CHAIR

BOARD OF COUNTY COMMISSIONERS

( S E A L )


ATTEST:


______________________________________

Sherry E. Graves, Deputy County Clerk


________________________________________

Aimee Jensen, Deputy County Clerk


________________________________________

William Louis Gebauer, Deputy County Clerk

August 15, 1994

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