PROCEEDINGS OF THE BOARD OF COUNTY COMMISSIONERS

TUESDAY, JANUARY 3, 1995

SUBDIVISIONS

(#180)

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

Chair Duvall noted that the Board has been requested to table the Seven Springs Ranch Planned Unit Development (#94-MS0568) until February 13, 1995.

M O T I O N

Commissioner Disney moved that the Board table the Seven Springs Ranch Planned Unit Development (#94-MS0568) until February 13, 1995, as requested by the applicant.

Motion carried 3 - 0.

Chair Duvall stated that the following are consent items and will not be discussed in detail unless requested by the Commissioners or members of the audience.

1. GRAY'S SECOND AMENDED PLAT (#94-SA0625): SOUTHEAST 1/4,

25-08-69; 830 GREGORY ROAD (LOT 12 GRAY'S 2ND AND LOT 1

CLUB VIEW ESTATES) 1.78 ACRES; 2 LOTS; R-RESIDENTIAL ZONING

(01-03-95).

This is a request for an Amended Plat to transfer a portion of Lot 1 to Lot 12. Staff Findings include: 1) Gray's Resubdivision was platted in 1952, and Club View Estates was platted in 1963; 2) This Amended Plat was reviewed by the County Health and Engineering Departments and all utilities serving this area, and there were no objections; 3) Approval of this Amended Plat will not leave any lot without access or utility services.

The Staff Recommendation is for approval of the Amended Plat of Lot 12 of William J. Gray's Second Resubdivision of Part of Lot 40 Highland Place Subdivision and Lot 1 Club View Estates Subdivision.

2. CRYSTAL LAKES AMENDED PLAT (LOTS 70 AND 72, TENTH FILING)

(#94-SA0624): 02 AND 11-10-74; ON THE NORTH SIDE OF OTTAWA

WAY, WEST OF RED FEATHER LAKES; 2.9 ACRES; 2 LOTS;

E-1 ESTATE ZONING (01-03-95).

This is a request to combine two existing lots resulting in one building site. Staff Findings are: 1) Crystal Lakes Tenth Filing was approved in 1976; 2) This Amended Plat is intended to combine two existing lots resulting in one building site; 3) The County Health and Engineering Departments and all utilities serving this area reviewed the proposed Amended Plat and stated no objections. The Staff Recommendation is for approval of the Amended Plat of Lots 70 and 72, Crystal Lakes Tenth Filing.

3. CRYSTAL LAKES AMENDED PLAT (LOTS 52, 53, 54, FOURTEENTH

FILING) #94-SA0623: 30-10-73; NORTH SIDE OF YUKI DRIVE, WEST

OF RED FEATHER LAKES; 6.86 ACRES; 3 LOTS; E-ESTATE ZONING

(01-03-95).

This is a request to combine three existing lots resulting in one building site. Staff Findings include: 1) Crystal Lakes Fourteenth Filing was approved in 1980; 2) This Amended Plat is intended to combine three existing lots into a single building site; 3) The County Health and Engineering Departments and all utilities serving this area reviewed the proposed Amended Plat and stated no objections. The Staff Recommendation is for approval of the Amended Plat of Lots 52, 53 and 54, Crystal Lakes Fourteenth Filing.

4. CRESTVIEW ESTATES AMENDED PLAT (LOTS 3 AND 4) #94-SA0622:

36-08-69; NORTH OF COUNTRY CLUB ROAD ON THE WEST SIDE OF

RIDGECREST ROAD; 1.03 ACRES; 1 LOT; R-RESIDENTIAL ZONING

(01-03-95)

This is a request to combine two existing lots resulting in one building site. Staff Findings are: 1) Crestview Estates was approved in 1994; 2) The owner of Lots 3 and 4 wishes to build one house near the center of the site. Building codes and Zoning Regulations prevent building across an existing lot line; 3) This Amended Plat is intended to remove an existing lot line to allow the construction of a single family dwelling near the center of the lots; 4) The County Health and Engineering Departments and all utilities serving this area reviewed the proposed Amended Plat and stated no objections. The Staff Recommendation is for approval of the Amended Plat of Lots 3 and 4, Crestview Estates.



M O T I O N

Commissioner Disney moved that the Board adopt the Staff Findings and Staff Recommendations and approve the Gray's Second Amended Plat (#94-SA0625); Crystal Lakes Amended Plat (Lots 70 and 72, Tenth Filing (#94-SA0624); Crystal Lakes Amended Plat - Lots 52, 53 and 54, Fourteenth Filing (#94-SA0623); and the Crestview Estates Amended Plat - Lots 3 and 4 (#94-SA0622); each, as outlined previously.

Motion carried 3 - 0.

5. TIMNATH MEADOWS ESTATES (#94-SU0508): NW 23-07-68; SOUTH-

EAST CORNER OF THE INTERSECTION OF COUNTY ROAD 44 AND

COUNTY ROAD 5, NORTH OF COUNTY ROAD 42E; 64.27 ACRES;

20 LOTS; E-1 ESTATE ZONING (01-03-95).

This is a request for a Preliminary Plat to divide 64 acres into 20 lots ranging in size from 2.3 acres to 3.8 acres for single family residential use; Tract A (7.8 acres) has an existing dwelling. This item was heard by Chair Duvall and Commissioner Disney on November 28, 1994 and because of a tie vote at that time, the matter was tabled until today.

M O T I O N

Commissioner Hotchkiss moved that the Board remove the Timnath Meadows Estates (#94-SU0508) from the table at this time for further discussion by the Board.

Motion carried 3 - 0.

Commissioner Hotchkiss informed the Board that he has visited the site, read all the documents pertaining to this matter, reviewed the Planning Commission Minutes and the Planning Staff review of the background of this matter, including their recommendations, and he is prepared to vote on the matter. Before calling for the motion, Chair Duvall stated for the record that the applicant has put together a competent team to make this development happen in the best possible way, the staff has done a good job of working with a challenging situation, and there are neighbors in support of this kind of density and development in this area; however, she requested more clarification from Mr. Blehm regarding septic systems in this area. Mr. Blehm described this development and its location and proximity to public sewer; he noted that every lot has been tested and the applicant has proven that at least 70% of the 100,000 sq. ft. lots can meet all the citing criteria for standard septic systems. Mr. Blehm stated that there are more restrictions on this subdivision for septic systems than on any other subdivision in the county and noted that the applicant has agreed to go on public sewer as soon as it is available.

The Staff Findings are that: 1) This site was rezoned E-1 Estate in 1976; 2) The proposed development is consistent with the current zoning and with existing development in the area; 3) Access and utility service is available to accommodate the proposed development; 4) Approval of the proposed Preliminary Plat for Timnath Meadows Estates, with the following conditions, will not result in any significant negative impacts on surrounding properties, utility services, transportation facilities or the natural environment.

The Staff/Planning Commission Recommendation is for approval of the Preliminary Plat for Timnath Meadows Estates, with the following conditions: 1) The Final Plat shall be completed in strict compliance with the conditionally approved Preliminary Plat; 2) Construction plans shall be subject to the review and approval of the County Engineer, East Larimer County Water District, WYCO Pipeline, Poudre Fire Authority and AT&T. Any license agreements needed to cross the WYCO and AT&T facilities shall be properly executed before any construction commences; 3) The applicant shall make every effort to direct all construction traffic away from the Town of Timnath. Construction plans shall include a provision that all construction traffic shall use County Road 44 and County Road 5, north of the site, to access the project; 4) Drainage plans shall be submitted to the Lake Canal Company for their review and comment; 5) The existing single family dwelling (double-wide mobile home) shall be removed from the site prior to the commencement of construction of roads or utilities; 6) The following notes shall appear on the Final Plat: A) Larimer County Park Fees shall be collected when building permits are issued for single family dwellings on this site; B) Engineered foundations shall be required for all construction on this site; C) Passive radon mitigation systems shall be required in all residential structures on this site. The results of a radon test shall be submitted to the Planning Division before a Certificate of Occupancy is issued for each dwelling; D) No direct access shall be allowed onto County Road 44 or County Road 5. All access to these lots shall be from the interior subdivision streets; E) There are existing agricultural uses in this area which may create noise, odors and dust which may not be compatible with residential uses. Larimer County will not take any action to interrupt any legal, agricultural use; F) No habitable area of any structure shall be permitted below grade unless an engineer certifies that construction is feasible; G) All dwellings on this site will connect to public sewer when it becomes available.

M O T I O N

Commissioner Disney moved that the Board adopt the Staff Findings and Staff/Planning Commission Recommendations and approve the Timnath Meadows Estates (#94-SU0508), with the conditions as outlined.

Motion carried 2 - 1; Chair Duvall dissenting because, in her opinion, the development represents leapfrog development.

At this time, Mr. Barnett introduced Mr. Rob Helmick to the Board; Mr. Helmick was recently hired as a Planner II for the Planning Department

The meeting recessed at 9:20 a.m.

PUBLIC WORKS STANDING MEETING

(#180 @ 1100)

The Board of County Commissioners reconvened at 2:00 p.m. in regular session with Rex Smith, Director of Public Works. Chair Duvall presided; Commissioners Disney and Hotchkiss were present. Also present were Elaine Spencer, Manager of Operations and Planning in Engineering, and Frank Lancaster, County Manager. Recording Clerk, S. Graves.

1. Appreciation Expressed: Mr. Smith thanked the Board for their consideration regarding salary increases for the department heads in the Public Works Division and himself and noted it was very much appreciated.

2. Reimbursement for Flood Damages - PN 8301: Mr. Smith reminded the Board that during a meeting on October 11, 1994, they authorized a fair and equitable county reimbursement for flood damage incurred east of Glade Road on Little Indian Creek; Mr. Smith advised the Board that this expenditure will be approximately $3,400.

3. Preliminary Map of "Problem" Roads: As requested previously by the Board, Mr. Smith submitted a map to the Board identifying problem road areas in the county. Mr. Smith also submitted a list of the approximate cost for various road and bridge related activities; such as, $9,000 per mile for chip seal treatment; $70,000 per mile for asphalt overlay on existing paved roadway; up to $200,000 per mile for small bridge replacement; up to $1,000,000 for large bridge replacement; etc. Much discussion followed regarding what the Board would like from the Engineering Department on Monday mornings when the Board is considering long-range planning and land use matters; they would like more of a total picture presented showing the cumulative and overall impact on the existing infra structure. Mr. Smith reminded the Board that they may deny a request for development in an attempt to not create additional traffic on an already over-crowded road, and then Fort Collins or Loveland may subsequently approve a development which will feed onto those same roads. Commissioner Disney stated that communication between the various entities needs to be improved and possibly they should enter into an intergovernmental agreement to prevent this from occurring. Discussion also ensued whether road impact fees for the developer should be increased, as it is not fair to ask the taxpayers to foot the bill for widening roads in specific subdivisions. Ms. Spencer stated that in the past the staff has been looking at technical issues and infra-structure; they will now change their approach and look at congestion and cumulative effect, and provide traffic counts and accident rate at pertinent intersections for the Board; Commissioner Disney also wants design capacity taken into consideration.

4. Discussion of Recent Accident on Highway 287 at Country General Store: Discussion ensued regarding the recent accident on Highway 287 in front of Country General Store. Chair Duvall stated that she heard that 42% of all the accidents which have taken place between the new bypass and Interstate 25 have been in front of Country General, and she feels a dangerous situation may have been created when development was approved near this site. Mr. Smith noted that the access into Country General was actually approved by the State Highway Department. Chair Duvall stated that instead of requiring that minimum standards be met, which are too low, she would like to have more rigid standards be met for development approval. Ms. Spencer assured the Board that in the future the Engineering staff will be more explicit regarding what the existing and potential problems are for each site being considered; however, they will not go so far as to make recommendations to the Board.

The meeting adjourned at 3:10 p.m.

WEDNESDAY, JANUARY 4, 1995

ADMINISTRATIVE MATTERS

(#181)

The Board of County Commissioners met at 9:30 a.m. in regular session with Frank Lancaster, County Manager. Chair Duvall presided; Commissioners Disney and Hotchkiss were present. Also present were: Russ Legg, Chief Planner; Dick Anderson, Facilities Manager; Josh Gould and Babs Cornell, Representatives from Interplan Consulting Firm; John Clarke, Commissioner Elect; Neil Gluckman, Assistant County Attorney; and Jeannine Haag, Assistant County Attorney. Recording Clerk, S. Graves.

1. VISTA VIEW FINDINGS: Mr. Legg noted the deviation today from the normal policy of the Board for signing Findings and Resolution for approving a Master Plan, Preliminary Phase Plan and rezoning of a planned unit development, in that neighbors were invited, at their request, to make comments regarding the proposed findings, copies of which were submitted to them last week. Mr. Legg stated that this morning several pages of those comments were received from the attorney representing a group of neighbors from Horseshoe View Estates Subdivision. In fairness to the neighborhood and the Board, Mr. Legg suggested postponing action on the Findings and Resolution until the Board and staff have time to study these comments and prepare a response.

M O T I O N

Commissioner Disney moved that the Board table the decision on the Vista View Findings and Resolution until tomorrow, January 5, 1995, at 9:30 a.m. during Policy Worksession.

Motion carried 3 - 0.

2. FACILITY STUDY UP-DATE: Mr. Anderson reviewed the progress made to date on the Larimer County Facility Master Plan Project for Courts and Administration. Mr. Gould provided an overview of the status of the study and described the pros and cons of the different sites considered. Mr. Gould stated that their recommendation, pending the receipt of the traffic and economic impact study, is that the downtown site is the most viable option for the governmental offices and court facilities; he noted that once the site is selected, they will look at the different variations of the downtown scheme and decide which one is the most cost effective. Commissioner Hotchkiss cautioned the Board that in making their final decision, they should consider what is practical and what is affordable; Commissioner Disney advised that this building must not be grandiose because the taxpayers will not approve it. There was discussion of the possibility for public/private partnerships in the building. After further discussion, the Board indicated their support of the downtown site, with the caveat that the Sheriff's Department should be relocated at the Detention Center; however, Commissioner Disney cautioned that the Detention Center is developing a severe access problem which needs to be mitigated before relocation. Mr. Anderson noted that they will be meeting with the Building Team on January 10, 1995 to bring them up-to-date on the current information; after receiving their endorsement of the site selected, they will return to the Board in approximately three weeks for a final decision.

3. RESOLUTION ESTABLISHING COMPENSATION FOR LARIMER COUNTY APPOINTED OFFICIALS IN THE OFFICES OF THE DISTRICT ATTORNEY AND COUNTY ASSESSOR:

M O T I O N

Commissioner Hotchkiss moved that the Board adopt the Resolution Establishing Compensation for Larimer County Appointed Officials in the Offices of the District Attorney and County Assessor, effective January 1, 1995, and authorize the Chair to sign same.

Motion carried 3 - 0.

R95-01 RESOLUTION ESTABLISHING COMPENSATION FOR LARIMER

COUNTY APPOINTED OFFICIALS IN THE OFFICES OF THE

DISTRICT ATTORNEY AND COUNTY ASSESSOR

4. WORKSESSION:

-- Position Vacancies and Budgets: Mr. Lancaster requested that the Board direct the Human Resources Director to develop a policy to address inactive positions - a policy which will automatically remove positions which have remained vacant for a specific time period. Mr. Lancaster stated that currently there are positions which are no longer needed, or not filled, which remain on the County's staffing charts indefinitely; as a result, salary savings are realized and used for other purposes which have not been approved in the budget. The Board concurred with the recommendation for the Human Resources Director to draft a policy stating that after a position is vacant for a specified time period, the position will be dropped from the staffing chart; the Board noted, however, that there will be exceptions to the rule, which will need to be approved by the Board or the County Manager.

-- Policy Worksession Items: Mr. Lancaster informed the Board that the items for discussion for tomorrow's Policy Worksession are: 1) Discussion of the Vista View Estates Findings and Resolution; 2) Discussion of the Board's Goals and Workplan for 1995; and 3) Discussion of the Board of County Commissioners Reorganization Day - Appointments and Committee and Liaison Assignments. The Board agreed that these three items are sufficient for the agenda for tomorrow's Policy Worksession.

-- Board Invitations: Ms. Hart reviewed the pending invitations with the Board and the proposed 1995 schedule of standing meetings. Discussion followed regarding whether the Board will follow the same schedule and procedure for monthly and quarterly meetings or should the procedure be changed to have consecutive meetings in a block. The Board requested that an agenda from the individual departments be presented the previous Wednesday before the scheduled meetings, so that the Board and the public will know beforehand what the agenda is; they also stated that only those items listed on the agenda will be discussed at the meeting, unless an emergency item should arise. If there are agenda items the Board wishes to discuss during the meeting, these items will also be listed on the agenda prior to the meeting; if no agenda is presented, the meeting will be canceled. The purpose for this change is that the Board is attempting to budget their time more efficiently. In addition, if a department head needs more than one hour for their meeting, they need to let Ms. Hart know and the right amount of time will be scheduled, in an attempt to alleviate having to schedule another meeting to continue discussion of a particular subject.

At this time, County Attorney George Hass joined the meeting for Legal Matters.

5. LEGAL MATTERS:

Department of Corrections Mediation: Mr. Hass informed the Board that the metro-area counties are considering an attempt to enter into mediation with the Department of Corrections (DOC) regarding the jail overcrowding problem. Mr. Hass recommended that Larimer County participate in this mediation; however, it will involve some out-of-pocket expense from the counties who participate. Mr. Hass noted that the DOC hasn't consented to the mediation, but he is confident they will. The Board concurred with Mr. Hass's recommendation and authorized him to inform the metro counties that Larimer County will be a participant in the mediation when it occurs.

6. COMMISSIONERS' REPORTS - ADMINISTRATIVE:

-- Commissioner Disney reported he met with the Environmental Advisory Board last night and they submitted a large list of recommendations they will be focusing on next year; he noted that their main focus is to make sure that they are a reviewing and commenting body on the upgrading of the land use plan to insure that the environmental concerns are being addressed.

-- Commissioner Disney reported that Bill Fears, Administrator for the Park R3 School District in Estes Park, called the Facilities Manager to say that now that the election and holidays are over, they are interested in proceeding with discussions regarding the possibility for sharing of facilities. Commissioner Disney and Mr. Anderson are going to Estes Park tomorrow to discuss this possibility further.

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

M O T I O N

Commissioner Hotchkiss moved that the Board approve the Minutes for the week of December 26, 1994 and the Agenda for the week of January 9, 1995, as submitted.

Motion carried 3 - 0.

M O T I O N

Commissioner Hotchkiss moved that the Board approve the Kel-Mar Strip 2nd Amended Plat and the Crestview Estates Amended Plat for Lots 3 and 4.

Motion carried 3 - 0.

LIQUOR LICENSES: County Approval was granted to the Cloverleaf Race Track - 6% - Loveland, CO. and Red Feather Liquors - 6% - Red Feather Lakes, CO. An Amended License was issued for the Hauf Brau Restaurant - 6% - Fort Collins, CO.

The meeting adjourned at 11:20 a.m.

THURSDAY, JANUARY 5, 1995

POLICY WORKSESSION

(#182)

The Board of County Commissioners met at 9:30 a.m. in regular session with Frank Lancaster, County Manager. Chair Duvall presided; Commissioners Disney and Hotchkiss were present. Also present were: Russ Legg, Chief Planner; Mike Shultz, Attorney, and Kathy Kuhlman and Sandy Gleich, Representatives from Horseshoe View Estates Subdivision; John Clarke, Commissioner Elect; Neil Gluckman, Assistant County Manager; and Jeannine Haag, Assistant County Attorney. Recording Clerk, S. Graves.

Mr. Legg informed the Board that after yesterday's Administrative Matters Meeting, Ms. Haag and he reviewed at length the comments contained in the letter received from Attorney Michael Shultz and a group of homeowners in the Horseshoe View Estates Subdivision. Ms. Haag stated that they reviewed the staff report, agenda, official minutes of the Board, project files and notes, etc. for Vista View Estates PUD and, in her opinion, the language in the revised Findings and Resolution is accurate, with the exception of two minor changes, and does reflect what the Board approved during the public hearing. Ms. Haag noted that the revised Findings and Resolution includes the changes recommended by the Planning Commission and several changes initiated by the Board during the hearing. Ms. Haag responded individually to each of the comments contained in the letter from Mr. Shultz and described the two revisions (mentioned above) made to the Findings and Resolution: 1) The word Estates was added to #4 on Page 2 when reference was made to Vista View PUD; and 2) On Page 8, condition #12 was changed to require that 1/3 of the entire facade of each residence, excluding the garage, shall be brick.

Commissioner Disney stated that he also reviewed the agenda, staff report and attachments, and the official minutes for Vista View Estates Planned Unit Development and was satisfied that the Findings and Resolution, with the two revisions, reflect the decision and intentions of the Board at the public hearing; Commissioner Disney further indicated that, in his opinion, the language in the Findings and Resolution was not wrong or inaccurate. The Board and staff assured Mr. Shultz and homeowners that a notice will be mailed to the residents in Horseshoe View Estates regarding the date and time of public hearing for Final Plat approval for Vista View Estates.

M O T I O N

Commissioner Disney moved that the Board approve the Findings and Resolution approving the revised Master Plan, Preliminary Phase Plan, and the Rezoning of Vista View Estates Planned Unit Development, and authorize the Chair to sign same.

Motion carried 2 - 0; Chair Duvall abstaining as she was not present for the Public Hearing regarding this matter.

R95-02 FINDINGS AND RESOLUTION APPROVING THE REVISED

MASTER PLAN, PRELIMINARY PHASE PLAN, AND THE

REZONING OF VISTA VIEW ESTATES PLANNED UNIT

DEVELOPMENT

The meeting adjourned at 10:15 a.m.

( S E A L )

______________________________________

JIM DISNEY, CHAIR

BOARD OF COUNTY COMMISSIONERS

ATTEST:

___________________________________________

Sherry E. Graves. Deputy County Clerk

January 5, 1995