Loveland Bike Trail
 

PROCEEDINGS OF THE BOARD OF COUNTY COMMISSIONERS

MONDAY, APRIL 1, 1996

LAND-USE PLANNING MEETING

(#11 & #12)

The Board of County Commissioners met at 3:00 p.m. in regular session with Jerry White, Zoning Administrator. Chair Clarke presided; Commissioner Disney and Commissioner Duvall were present. Also present were: Al Kadera, Subdivision Administrator; Carol Evans, Planner I; John Pedas, Zoning Code Enforcement Officer; Rob Helmick, Planner I; Doug Ryan, Environmental Health Planner; and Jeannine Haag, Assistant County Attorney. Recording Clerk, S. Graves.

Chair Clarke 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. GLACIER VIEW MEADOWS 12TH FILING, LOTS 17-19, AMENDED

PLAT (#96-SA0850): 36-09-72 IN GLACIER VIEW MEADOWS, WEST

OF LIVERMORE, 5.39 ACRES; 1 LOT; E-ESTATE ZONING

This is a request to combine three existing lots resulting in one building site and to vacate the utility easements along the common lot lines. Staff findings include: 1) Glacier View Meadows 12th Filing was approved in 1980; 2) This request is to combine three existing lots to create one larger building site. The existing utility easements along the common lot lines will be vacated by this Amended Plat; 3) The County Engineering Department, and the utilities serving this area, reviewed the Amended Plat and stated no objections; 4) The County Health Department will approve a septic system for this site if it is confined to the area in the original Lots 17 & 18, subject to the standard septic system requirements.

The staff recommendation is for approval of the Amended Plat of Lots 17-19, Glacier View Meadows 12th Filing, with the condition that a septic system installed on this site be confined to the area in the original Lots 17 & 18.

2. LAKOTA RIDGE STREET NAME CHANGE (#96-0S0848): 27-04-70;

OFF OF COUNTY ROAD 27E, SOUTHWEST OF BERTHOUD

This is a request to name previously unnamed streets as Lakota Ridge Lane and Lakota Ridge Court. Staff findings are: 1) The applicant has submitted a request to name previously unnamed streets in an area south of Carter Lake. The streets are accessed from County Road 27E and would be named Lakota Ridge Lane and Lakota Ridge Court; 2) No objections were received from emergency dispatch agencies, utility companies or the post office. All affected property owners along this road have agreed to the street name request; 3) There is a problem with addressing in this area due to the fact that lots are currently all addressed off of County Road 27E, rather than off of the access roads. Naming the access roads would correct the addressing problem and would provide more accurate location information to emergency dispatchers.

The staff recommendation is for approval of the request to name previously unnamed streets Lakota Ridge Lane and Lakota Ridge Court, said streets being located in Sections 26 & 27, Township 4 North, Range 70 West.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners adopt the staff findings and staff recommendations and approve the Glacier View Meadows 12th Filing Lots 17-19 Amended Plat (#96-SA0850) and the Lakota Ridge Street Name Change (#96-0S0848), as outlined.

Motion carried 3 - 0.

3. STERKEL MINOR RESIDENTIAL DEVELOPMENT APPEAL

#96-EX0844 (TABLED ITEM):

Mr. White noted this item was heard by the Board on March 18, 1996 and at that time was tabled until today to allow additional time for the applicant to review the options available to him; he understands that a meeting was being held today. Mark Corbridge, surveyor and representative for Summit Crest Homes, requested that the item remain tabled as a decision by the applicant has not been made as of this date.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners table the Sterkel Minor Residential Development Appeal until April 15, 1996.

Motion carried 3 - 0.

4. CRIM VIOLATION (#92-ZV0104): LOT 16, PLEASANT ACRES

SUBDIVISION AT 2914 PLEASANT ACRES DRIVE

This alleged violation is for storing inoperable/unlicensed vehicles, farm machinery propane tanks, junk and other debris in the R-Residential Zoning District. Mr. Pedas submitted photos of the subject property and a copy of the plat, provided the background information for the Board, and reviewed the major concerns and issues. Mr. Pedas noted that the machinery, cars and trucks that were parked on the street have been removed, but there is still is a concern about the number of propane tanks (15) stored on the property. Staff findings include: 1) The subject property is zoned R-Residential; 2) The R-Residential Zoning District does not permit outside storage not accessory to a permitted use; 3) The subject property is in a fairly high density residential area; 4) Parking of vehicles in the road right-of-way and on the street poses a traffic safety problem; 5) Continued use of the property inconsistent with the zoning will affect property values in the area. The staff recommendation is to find that a violation exists, require compliance within 30 days, and authorize legal action if the compliance deadline is not met.

Discussion and questions from the Board followed and the following adjacent property owners addressed the Board with their concerns: Gene Corley and Jane Elliott. Mr. Corley noted that the value of his property has been reduced greatly because of the unsightly condition of this property and there are still 15 tanks in the front yard, 4 cars in the back yard, 4 cars in the front yard, and 2 trucks on the side road; some are licensed and some are not. Mr. Corley noted that the appraisal of the house across the street has gone down $25,000 to $30,000 and he suggested the Board visit the site; he wants the property cleaned up and he noted there is a lot of traffic to this house at night - like 16 or 17 vehicles parked out in front at a time. Ms. Elliott stated that many times they can't get in or out of her property because the road is blocked with so many vehicles; she tried to talk to the property owners, but they were very rude to her. She is embarrassed to have friends come to her home because of the mess on this property. The property owner was not present for today's hearing.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners adopt the staff findings and staff recommendation and find that in the matter of the Crim Junkyard Violation a violation does exist, require compliance within 30 days, and authorize legal action if the compliance deadline is not met.

Motion carried 3 - 0.

5. HORSESHOE VIEW ESTATES NORTH TIME EXTENSION (#S-68-82):

SE 1/4 25-06-69, NORTH OF LOVELAND, 1/2 MILE EAST OF

HIGHWAY 287 AND 1/2 MILE NORTH OF EAST 57TH STREET;

26.02 ACRES; 64 LOTS; R-1 RESIDENTIAL ZONING

This is a request for a one year extension of Preliminary Plat approval. Mr. Helmick described the site location and reviewed the major issues and concerns. Staff findings are: 1) The applicant represents that the prior extensions and the approval of the Final Plat for the First Filing have vested the Second Filing; 2) The immediate area of the subdivision has not changed significantly since the original approval or since any of the subsequent extensions; 3) The request for extension is for one year, which will allow the applicant to complete the originally approved subdivision; 4) The conditions of approval require the applicant to address the access and off-site roads.

The staff recommendation is for the Board to approve and grant the requested one year extension of the Preliminary Plat for Horseshoe View Estates North, with the conditions as recommended in 1992 and evidenced in the prior Findings and Resolution of the Board of County Commissioners approved by the Board on July 15, 1992.

Chair Clarke prefaced the opening of the public comment portion of today's hearing by stating that inasmuch as the Board is considering a time extension of preliminary plat approval, in which the Final Plat for the First Filing was filed and approved in early 1994, there are certain things which are appropriate and certain things which are not appropriate to enter into the record at this time; therefore, Chair Clarke requested Ms. Haag to outline parameters in which the discussion during this hearing should be held. Ms. Haag responded that requests for extensions of time on preliminary plats are administrative matters, and not quasi judicial hearings, and the Board is not mandated to take any evidence or public testimony when they review administrative requests; the issue before the Board today is strictly whether or not an extension of time should be granted, they are not here to review any of the merits of the preliminary plat.

Commissioner Duvall stated that she believes this is an issue of great concern to the residents of the neighborhood and therefore thinks the Board should hear from them today; Chair Clarke and Commissioner Disney concurred, but stated that discussions should be limited to the request for the time extension only and nothing else.

Lucia Liley, attorney representing the owner of the subject property Apple Homes, stated that the reason for this time extension request is for the owner to be able to file a Final Plat and complete the approved preliminary plat area for this subdivision; she informed the Board that the authority for the extension is found in the subdivision resolution, which gives the Board the discretion to approve an extension based upon their determination that such an extension is necessary. Ms. Liley reviewed the events which led to the request before the Board today; last July, the Planning Commission tabled the filed amended preliminary plat, which included the 2nd filing. In September, Ms. Liley met with the County Attorney to discuss the legal status of the 2nd filing; after that discussion, the County Attorney asked Ms. Liley to state their position in writing so it could be reviewed--which was done in a lengthy letter dated December 20, 1995. In January of 1996, the County Attorney called and requested they follow up their position by making a formal request for a time extension. Ms. Liley noted that the current owner purchased this property in 1993, after a thorough review of the status of its approved preliminary plat and after discussions with County planning and County engineering to make sure that all the requirements either had been or could be met, and even to the extent of finding out that he needed as a part of the purchase to acquire some additional property for the future dedication of St. Louis Avenue; he hired Landmark Engineering, who was very familiar with the project, and immediately instructed them to update all of the engineering to current county standards. Ms. Liley stated that the reason the owner did not proceed immediately to Final Plat approval was because he preferred to proceed down the long path of working with County staff and dealing with a two-fold transportation issue: 1) Area wide transportation concerns of the county staff, which had been triggered by new developments in this area, and 2) Concerns by neighbors of the Horseshoe View Estates North wanting Mangrove Street to be closed and barricaded--the street which provided the second point of access for the entire preliminary plat area. Ms. Liley noted that both of these issues surfaced in early 1994 as the 1st Filing Plat was being approved and the 2nd Filing Plat was being prepared to be submitted to the County. In addition, County Engineering informed the owner that an area-wide traffic study should be conducted; the owner reluctantly agreed to follow county direction and do the study and pay for it. The owners preference, at this point, was to proceed with the 2nd Final Plat filing, which would have been by far financially, legally, and every other means the better way to go; all of this the owner undertook in good faith, over a period of many months and at great expense, in order to deal with the question of the access in the approved preliminary plat. Ms. Liley stated that there was no benefit to the owner in proceeding this way, it was a clear detriment because he could not proceed with filing the Final Plat for the 2nd Filing or get any construction under way, in a timely fashion; this benefited the neighborhood and helped the county in terms of looking at the area-wide transportation needs. Ms. Liley stated it defies all reason and logic and common sense to believe that any owner would go down this path unless he had a clear sense and direction from the county that this was the way he was to proceed. Ms. Liley commented on several questions regarding statutory vested rights which were raised in a letter received from Mike Shultz, attorney representing some of the property owners in Horseshoe View Estates North. In summary, Ms. Liley stated that based on all the circumstances presented today, fairness dictates approval of a limited one-year extension and it would be wrong to penalize a developer for doing what the Board encourages all good developers to do.

Questions and discussion from the Board followed; Chair Clarke noted that Ms. Liley spoke for approximately 20 minutes and the opposition side will be given an equal amount of time. Chair Clarke asked how many persons in the audience wish to address the Board tonight; as there were thirteen persons who indicated they wish to speak, the Board called for a 5-minute break so possibly a spokesman for the group could be chosen.

The public hearing reconvened at 4:05 p.m. for public comment. Cliff Nemeth, adjacent property owner, requested the Board to deny the request for a time extension as this project is putting urban density in the midst of rural open space. John Heaton, representing Brunz Subdivision Homeowner's Association, expressed concerns about the density of the dwelling units in Horseshoe View Estates, noting it far exceeds that allowed by current land use plans and will have a negative impact on the character of the area; he requested the Board deny the time extension so the subdivision could be redesigned with the constraints expressed by the corridor plan and other current land-use planning documents in the county. Denise Praizler, speaking as a citizen who lives in the corridor area, stated she thinks the Board is setting a precedent in permitting people to use loopholes by allowing things which have expired to be revived and she expressed concern about the decisions made between the developer's attorney and the county attorney not being a part of the open record. Ken Sterkel, adjacent property owner, reminded the Board that this project had its conception in 1978 and still is not complete and many things in the County have changed; he is concerned about the legality of the filing of extensions for the project, approval of the vested rights, whose responsibility it is to repair damaged roads, etc. Mr. Sterkel stated this preliminary plat approval has expired and should not be resurrected; he submitted a packet of information for the Board to review. Kathy Sterkel stated that her concerns date back to 1981 at which time this preliminary plat was extended and she is concerned that if the 2nd Filing is extended, there will not be an opportunity for public comment to express their concerns regarding drainage, density, traffic, etc. Kathy Kuhlman, expressed her disappointment that the group assembled today has spent numerous hours preparing for the meeting before the Board and now they are denied that opportunity; she stated that the Board needs to find that this project will not impede or impact the public health, safety or welfare of the neighborhood before they sign a resolution approving this time extension request. Ms. Kuhlman also submitted several letters, the property owner's application for preliminary plat approval, and the transcript of the Planning Commission meeting for the Board to review, and she asked why everyone in the neighborhood received notice of this hearing and yet it did not state it was an administrative meeting only and not a meeting to receive public testimony. Robert Lorenz, secretary of the Homeowners for North More addition, stated he thinks this preliminary plat approval has had enough life and he urged the Board to refuse the time extension as there are so many issues not addressed; such as, conflicts with the corridor plan, transportation, drainage, etc.

At this time the public comment portion of the hearing was closed and opened for Commissioners comments. Commissioner Duvall stated that since the preliminary plat was approved in 1979 many things have changed - there is now the corridor plan and the county has experienced incredible growth in the area, traffic concerns, etc.; however, her dilemma is the legal issue and the fairness issue - what was the developer led to believe by county staff?

M O T I O N

Commissioner Duvall moved that the Board take the Horseshoe View Estates North Time Extension under advisement to allow further time to confer with legal counsel.

Commissioner Disney stated he cannot support the motion because the Board owes it to the people present today to make a decision and any consultation with legal staff should be done in open session; Chair Clarke concurred.

Motion failed 1 - 2; Chair Clarke and Commissioner Disney dissenting.

The Board requested further advice from Ms. Haag; she responded that if the resolution of these legal issues mandated the result the Board is to reach today, this hearing would not have been held and she would have already advised the Board what the law mandates. Ms. Haag stated that the reality of the situation is that when dealing with issues of common law, vested rights, and estoppel, and there are good arguments to be made on both sides. Ms. Haag cited another similar case currently on appeal before the Court of Appeals in which there is not a clear cut legal answer; in her opinion, she thinks there are estoppel issues in this case which would ultimately be brought before a Court to decide. She noted, however, that the Board has the prerogative, even without deciding the legal issues, to simply make this decision from a planning perspective.

Commissioner Duvall argued that from a planning standpoint, it does not make sense to grant this extension; she, however, does not want to have county planning done in the courts. In response to Ms. Kuhlman's question about the notice being sent to the neighbors about this meeting, Chair Clarke stated that when the Board realized this request was coming before them, even though they knew this was an administrative matter not requiring the Board to receive pro or con testimony, the Board decided to inform the neighbors anyway in order to be fair; in terms of the two attorneys discussing the matter, he noted that there are procedures set down that attorneys must follow and their meeting was perfectly legal. Chair Clarke stated that the issue of fairness is very important to him and he understands that the neighbors have many long-standing concerns; however, the developer followed the advice of staff and we need to be fair and allow the extension. Commissioner Disney stated that he is convinced that if the Board denies the request for a time extension today, the matter will be approved upstairs in the future by a judge; he noted he is going to vote for the extension today, but unless extraordinary extenuating circumstances can be shown in the future, he will not vote for another extension. Commissioner Duvall asked Ms. Haag if the Board can place some condition on this approval stating this is the last time an extension will be allowed; Ms. Haag responded that the Board can add an enforceable and appropriate condition of approval that this will be the last extension granted by this Board absent a showing of extraordinary circumstances. At this time, Commissioner Duvall explained that her reason for motioning that this matter be taken under advisement was because many materials were presented to the Board today and she wanted to have time to review them, in addition to conferring with the county attorney.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners adopt the staff findings and staff recommendation and approve the one year extension of the Preliminary Plat approval of Horseshoe View Estates North (#S-68-62), with the conditions as recommended in 1992 and as evidenced in the prior Findings and Resolution of the Board of County Commissioners, and an additional condition added that there will be no further time extensions allowed unless there has been proof of extraordinary circumstances.

Motion carried 3 - 0.

The meeting adjourned at 5:15 p.m.

WEDNESDAY, APRIL 3, 1996

ADMINISTRATIVE MATTERS

(#13)

The Board of County Commissioners met at 9:00 a.m. in regular session with Frank Lancaster, County Manager. Chair Clarke presided; Commissioner Disney and Commissioner Duvall were present. Also present were: Ralph Jacobs, Human Resources Director; Ginny Riley, Human Development Director; Lew Wymisner, Assistant Director Employment and Training Services; and Donna Hart, Assistant to the County Manager. Recording Clerk, S. Graves.

1. OPEN SESSION FOR PUBLIC COMMENT: No one appeared today for the open session for public comment.

2. WAIVER OF PERSONNEL POLICY REGARDING VACATION ACCRUAL: Mr. Jacobs noted he received a request from the Health Department for the Board to approve a waiver of the normal application of the Larimer County Personnel Policy Manual in order to restore 160.6 hours of vacation leave to Dora Salas-Vigils vacation leave account thereby giving her additional time to use it. Mr. Jacobs explained the reason for the request in that Ms. Salas-Vigil has been dealing with a long-term workers compensation injury and her sick and vacation leave were previously charged erroneously.

M O T I O N

Commissioner Duvall moved that the Board of County Commissioners waive the normal application of the Personnel Policy Manual to restore 160.6 hours of vacation leave to Ms. Salas-Vigil; and at the time of her appointment date in 1997, personnel policy 612.D will apply to whatever balance she has at the time, including any of the restored 160.6 hours that might still remain.

Motion carried 3 - 0.

3. REAPPOINTMENT OF VETERAN'S SERVICES OFFICER: Mr. Jacobs explained that the County is required by Colorado statutes to appoint a Veterans Services Officer and that each term of office will be for two years. Mr. Jacobs stated that Ms. Steven's current term expired April 1, 1996, her performance evaluations have been "above standard" during her term of office, and both he and Ms. Riley recommend that the Board reappoint Ms. Stevens for another two-year term as Larimer County Veterans Services Officer, term to expire April 1, 1998.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners reappoint Ms. Diana Stevens for another two-year term as Larimer County Veterans Services Officer, term to expire April 1, 1998.

Motion carried 3 - 0.

4. APPOINTMENTS TO LARIMER/WELD REVOLVING LOAN FUND: Mr. Wymisner requested the Board to waive the two-term limitation and reappoint Mr. Ron Schneider to serve as the Larimer County representative on the Weld/Larimer Revolving Loan Fund Committee. Mr. Wymisner stated that Mr. Schneider is an integral member of this committee and serves the best interests of Larimer County; Mr. Schneider indicated he would be willing to serve another three-year term. Mr. Wymisner noted that Chris Zell also represented Larimer County on this committee prior to his moving out of state; therefore, the Board was requested to appoint Karen Wolff, Assistant Vice President of Business Banking at Norwest Bank in Fort Collins, to fill Mr. Zell's position.

M O T I O N

Commissioner Duvall moved that the Board of County Commissioners approve a waiver of the two-term limitation and extend Ron Schneider's membership on the Weld/Larimer Revolving Loan Fund Committee for another three-year term and appoint Karen Wolff to fill the unexpired position of Mr. Chris Zell on this same committee.

Motion carried 3 - 0.

5. RESOLUTION OPPOSING SB-213 REGARDING SALE OF TOBACCO PRODUCTS: Chair Clarke briefly described Senate Bill 213 and the reason the Board is adopting a resolution recommending that SB213 and other laws regulating the sale and use of tobacco which pre-empt local laws be defeated; the Board requested that copies of the resolution, if adopted, are to be sent to the Appropriations Committee and to all the Larimer County Legislators. Commissioner Duvall stated that she thinks it is important to support or oppose bills on their own merit, regardless who is sponsoring them.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the resolution opposing SB-213, the proposed law prohibiting local governments from imposing requirements regarding the purchase of tobacco products by minors which are more stringent than State laws, and authorize the Chair to sign same.

Motion carried 3 - 0.

R96-59g RESOLUTION OPPOSING THE PROPOSED LAW (SB 213)

PROHIBITING LOCAL GOVERNMENTS FROM IMPOSING

REQUIREMENTS REGARDING THE PURCHASE OF TOBACCO

PRODUCTS BY MINORS WHICH ARE MORE STRINGENT

THAN STATE LAWS

6. TRANSFERRING CUSTODIAL SERVICES IN SHERIFF'S BUILDINGS TO THE SHERIFF'S DEPARTMENT: Mr. Lancaster stated that the Board has received a request from Sheriff Shockley to take over the custodial services in his buildings; Mr. Lancaster explained that there is currently a half-time person assigned to the Sheriff's Office and the Sheriff wants to have that position be a Sheriff's position and to put in additional funds from his own budget to increase the position to full time. The 1/2 time position will be transferred from the Facilities budget to the Sheriff's budget and the remaining 1/2 FTE will be absorbed by the Sheriff; no additional funds are being requested. Discussion followed regarding using trustees for custodial work, but it was decided that would not work for security reasons. CONSENSUS OF THE BOARD was to approve this request with the condition that the Sheriff is not going to come back to the Board later with an increased funding request for this FTE.

7. PRIVATIZATION ACTION PLANS: Mr. Lancaster provided an update on privatization action plans; the recommendation is to start with one division at a time and begin with the divisions under the County Manager; they will be looking at services and programs provided and run them through the system to see if they should be privatized or not. The Board concurred with the recommendation.

8. WORKSESSION:

-- Parks Board: Mr. Lancaster noted that Parks Director John MacFarlane asked about having a farewell reception for the Parks Board; Commissioner Duvall stated that there should be a celebration ceremony and include the Parks staff. Ms. Hart will contact Mr. MacFarlane to work on scheduling for the reception and how they should be honored.

-- Remodel of Dentist Office: Mr. Lancaster noted that Facilities is considering remodeling the dentist office on Howes Street, which is currently owned by the City of Fort Collins and the County, for Risk Management; the total cost for the whole project is $17,000, but some of the funding will come out of the Building and Grounds budget resulting in an uncovered cost for remodeling the office will be $11,760. Mr. Lancaster requested authorization from the Board to spend $11,760 out of the Capital Expenditures Fund for this expenditure.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners authorize the expenditure of $11,760 to remodel the dentist office on Howes Street, funds to be derived from the Capital Expenditures Fund.

Motion carried 3 - 0.

-- Mileage Reimbursements: Mr. Lancaster informed the Board that Finance Director Carol Block sent a memo to the Board about increasing the mileage reimbursement rate, which is currently 25 cents per mile; one option is not to do anything until next year and then increase it to the Federal rate, which is 31 cents per mile and also the amount the City of Fort Collins and State of Colorado allow. If the Board is willing to consider a change, Ms. Block recommended drafting a resolution for the Board to approve for 1997, so departments can plan on the change during the budget process. Mr. Lancaster requested guidance from the Board; Commissioner Disney requested that Fleet Manager Mr. Bammer review what the actual costs are to operate a vehicle in this area and to make a recommendation to the Board. The Board directed Mr. Lancaster to determine what the total cost would be to the county to increase the mileage reimbursement rate and noted they want to do whatever is fair for the employees.

-- Special Projects Funds for Welcome Signs: Commissioner Disney reported he has been working with Gardner Signs on the lettering for the Larimer County welcome signs and he needs authorization for the expenditure of $502 out of the Commissioner's Special Projects Fund for this expenditure, which is $498 under budget.

M O T I O N

Commissioner Duvall moved that the Board of County Commissioners authorize the expenditure of $550 to cover the expenses incurred for the welcome signs into Larimer County, funds to be derived from the Commissioner's Special Projects Fund.

Motion carried 3 - 0.

-- Sole Source Imaging Project: Mr. Lancaster informed the Board that the imaging project in the Clerk's Office recently hit a major road block in that the imaging company they were dealing with went bankrupt and out of business; he stated that this was totally unexpected, as in February of this year this company was named the 15th best imaging firm in the nation in a PC magazine. Mr. Lancaster stated that Mr. Ragsdale, Chief Deputy in the Clerk's Office, handled the situation really well in that as soon as he heard of the problem, he immediately put a stop order on outstanding checks. Mr. Lancaster noted that the project is going very well and in order to salvage what has been done previously and not have to start over, the Clerk's Office would like to go ahead and work with the programmer, who is reputable and doing a very good job and the person who called to inform Mr. Ragsdale of the problem with the company, on an individual basis to finish the project. Mr. Lancaster stated he will sole source this to the programmer on a time and materials basis and it will probably be less expensive that the amount originally proposed; this programmer will be an independent contractor and he noted that the Clerk's Office is very comfortable working with him. Mr. Lancaster noted that granting sole source purchases is within the authorities granted to the County Manager by the Board and that this matter was brought to their attention for their information and no action is required.

-- Scheduling Issues: As two of the Commissioners will be involved in campaigning for the next ten months, Mr. Lancaster requested them to work closely with Ms. Hart and make an extra effort to coordinate their personal campaigning schedules with the regular Board meetings; the Board concurred because they agreed scheduling is tight and they will make every effort to keep Ms. Hart apprised.

-- Policy Worksession: Mr. Lancaster informed the Board that the discussion items for tomorrow's Policy Worksession with be revised older policies and the environmental policy.

-- Invitations: Ms. Hart reviewed the pending invitations with the Board and they indicated to her which events they would be able to attend.

9. DOCUMENT REVIEW:

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the Minutes for the week of March 25, 1996, as submitted.

Motion carried 3 - 0.

M O T I O N

Commissioner Duvall moved that the Board of County Commissioners approve the Schedule for the week of April 8, 1996, as submitted and amended.

Motion carried 3 - 0.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve Petitions for Abatement and Refund of Taxes for the following, as recommended by the County Assessor, Steve Miller: Easy Season Landscaping; Brauns Fashions, Pastoral Dynamics (5 petitions); Daystar Dynamic/in; Erickson; Fischer; Ehrhart; Kotin; Daystar Dynamics (8 petitions); Best Buy Co., Inc; and Vander Vliet.

Motion carried 3 - 0.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the following documents as listed on the Consent Agenda for Document Review on April 3, 1996, except for resolution #5 which was pulled for discussion:

MISCELLANEOUS DOCUMENTS: Glacier View Meadows 12th Amended Plat Lots 17-19; Eagle Lake Subdivision 6th Filing Plat; Emergency Shelter Grant (ESG) documents - Application for Colorado Division of Housing ESG Assistance 1996; Letter to Ms. Shannon Picaso, State of Colorado, Division of Housing; ESG Program Assurances and Certifications; and Certification of Local Approval for Nonprofit Organizations. LIQUOR LICENSES: County approval was granted to: Al Fresco Great Italian Food - 6% - Fort Collins, CO., and Fox Acres Country Club -6% - Red Feather Lakes, CO.

A96-44 LIBRARY SERVICES AGREEMENT BETWEEN THE BOARD OF

COUNTY COMMISSIONERS AND THE CITY OF FORT COLLINS

A96-45 LIBRARY SERVICES AGREEMENT BETWEEN THE BOARD OF

COUNTY COMMISSIONERS AND THE ESTES VALLEY PUBLIC

LIBRARY

A96-46 SUBDIVISION IMPROVEMENT AGREEMENT FOR EAGLE LAKE

SIXTH FILING BETWEEN THE BOARD OF COUNTY

COMMISSIONERS SND WESTERN LAND DEVELOPMENT

CORPORATION

A96-47 AMENDMENT TO COMMUNITY DEVELOPMENT BLOCK GRANT

(CDBG) AGREEMENT BETWEEN THE BOARD OF COUNTY

COMMISSIONERS AND POUDRE SCHOOL DISTRICT R-1

(Head Start Playground Equipment Project)

C96-16 CONTRACT BY AND BETWEEN THE BOARD OF COUNTY

COMMISSIONERS AND JAMES NYTES DBA JIM'S

CONSTRUCTION MATERIALS (Road work for Little Valley

General Improvement District)

D96-09 DEED OF DEDICATION BY MICHAEL D. AND ANN S. LIGGETT

(Dedication of property for public highway - Cannon Ditch - Project #192)

R96-60s FINDINGS AND RESOLUTION APPROVING THE VACATION OF

IRRIGATION EASEMENT IN CRYSTAL LAKES 9TH FILING

R96-61s FINDINGS AND RESOLUTION GRANTING THE BELLCAMPTON

MINOR RESIDENTIAL DEVELOPMENT APPEAL

R96-62s FINDINGS AND RESOLUTION DENYING THE MASTER PLAN

AND PRELIMINARY PLAT OF OVERLAND VALLEY PLANNED

UNIT DEVELOPMENT

R96-63g FINDINGS AND ORDER REGARDING THE DRINK-N-DAWG

TAVERN (Suspension of Liquor License for a Three-Day Period)

Motion carried 3 - 0.

At this time the Board discussed resolution #5, which is the resolution for approval of the governmental relations consulting contract regarding House Bill 1364. Commissioner Duvall stated that her concerns from yesterday have been resolved; it was noted that the consultant is to report to the Board of County Commissioners only who in turn will report to the 35-acre task force.

M O T I O N

Commissioner Duvall moved that the Board of County Commissioners modify the language in resolution #5 to say that this is a resolution for approval of governmental relations consulting contract regarding HB 1364, only with the specific language as approved the Larimer County Board of Commissioners.

Chair Clarke recommended that a cover letter be included with the resolution and letter of agreement, to become a part of the resolution, with an explanation that any language added to or removed from the bill that would change the intent, ramifications or consequences of the bill must be approved by the Board of County Commissioners.

AMENDMENT TO THE MOTION

Commissioner Disney moved to amend the motion to include a cover letter with the above-mentioned resolution granting approval of same only with the specific language as approved by the Larimer County Board of Commissioners.

Motion carried 3 - 0.

R96-64g RESOLUTION FOR APPROVAL OF GOVERNMENTAL RELATIONS

CONSULTING CONTRACT REGARDING HOUSE BILL 1364, AS

APPROVED BY THE LARIMER COUNTY BOARD OF COUNTY

COMMISSIONERS (Services to enhance the passage of House Bill 1364)

10. LEGAL MATTERS:

At this time Assistant County Attorney Jeannine Haag and Rob Helmick, Planner II, joined the meeting for Legal Matters.

1. Agreement to Extend Contract: Ms. Haag requested Board approval of an Agreement to Amend/Extend Contract to extend the closing date until April 15, 1996 for

the sale of Lot 81 Filing 4 in Glacier View Meadows.

M O T I O N

Commissioner Duvall moved that the Board of County Commissioners approve the Agreement to Amend/Extend Contract to extend the closing date for the sale of Lot 81, Filing 4, in Glacier View Meadows until April 15, 1996.

Motion carried 3 - 0.

A96-48 AGREEMENT TO AMEND/EXTEND CONTRACT BETWEEN THE

BOARD OF COUNTY COMMISSIONERS AND ROBBIE H.

LANGSTON TO EXTEND THE CLOSING DATE FOR THE SALE

OF LOT 81, FILING 4, IN GLACIER VIEW MEADOWS

2. Response to Letter from Gunnison County: As requested by the Board, Ms. Haag responded to a letter from Gunnison County about the 35 acre issue concerning clustering and water permits; she noted that Gunnison County is adopting a resolution to say that when a developer agrees to come in and cluster, the Board will pass a resolution saying they will define or not define it as a traditional subdivision and grant an exemption.

11. COMMISSIONER REPORTS:

-- Commissioner Duvall noted that Chair Clarke will be attending the Private Industry Council meeting on April 9, 1996 and she wondered if the entire Board should go to listen to their concerns; Chair Clarke concurred and the Board will contact Ms. Riley to work out a time for the Board to also meet with the employees in weatherization as well.

-- Commissioner Duvall provided an update on the Rockies train, the possibility of having a corporate sponsor, and she asked the Board if they think it is appropriate for Larimer County to be involved in this; Commissioner Disney stated he thinks it is very appropriate for Larimer County to be involved in this as we are a member of the North Front Range Transportation and Air Quality Planning Council and the flagship program for Transportation Demand Management. Much discussion followed; Chair Clarke indicated that sponsorship and partial financial support for the employees of Larimer County is in order. Mr. Lancaster stated that our contribution is also in-kind because he and Ms. Hart are doing all the leg work on this; he informed the Board that we have a commitment for the ski train, which is being refurbished so it will run on the Burlington Northern (BN) tracks but they are waiting on a commitment from BN to use their tracks and he noted there is some interest from Boulder to join in on this.

-- Commissioner Disney reported he went to a staff meeting at Fleet Management and they are well down the road toward a "pay for performance package"; they have given a lot of thought to it and are concerned about fairness and no one will lose money.

The meeting adjourned at 11:00 a.m.

______________________________________

JOHN CLARKE, CHAIR

BOARD OF COUNTY COMMISSIONERS

( S E A L )

ATTEST:

_____________________________________

Sherry E. Graves, Deputy County Clerk

Background Image: Loveland Bike Trail by Sharon Veit. All rights reserved.