PROCEEDINGS OF THE BOARD OF COUNTY COMMISSIONERS

MONDAY, APRIL 8, 1996

MEETING REGARDING POSSIBLE PURCHASE OF NEW APPRAISAL SYSTEM FOR ASSESSOR'S OFFICE

(#14)

The Board of County Commissioners met at 10:30 a.m. in regular session with Steve Miller, County Assessor. Chair Clarke presided and Commissioner Disney was present; Commissioner Duvall was absent. Also present were Ron Kerr and Jim Weitz, Deputy Assessors and Frank Lancaster, County Manager. Recording Clerk, S. Graves.

Mr. Miller submitted and reviewed a summary of the three proposals received for the new residential appraisal system for the Assessor's Office. Mr. Miller stated that their present system is very old and their ability to tax includes the responsibility to tax as fairly as they can; he noted that a new appraisal system is not only needed for the Assessor's purposes, but it is also the right thing to do for the property owners. Mr. Miller reminded the Board that a new commercial appraisal system was purchased two years ago. Mr. Miller stated that they do not want to rent an appraisal system as they want to have control over the system itself; therefore, of the three bids submitted, the only proposal to consider is from Colorado Customware, Inc. for $217,000, which includes hardware and software; he noted that this system also carries an access to Oracle. Mr. Miller stated that during the budget process, $100,000 was allotted in the Information Management Systems budget for this purchase and Budget Manager Bob Keister has informed Mr. Miller that there would be approximately $40,000 to $50,000 in carryover in that department; therefore, new funding in the amount of $70,000 to $80,000 needs to be identified. Mr. Miller informed the Board that they need to begin contract negotiations as soon as possible because the new system needs to be in by the end of the year as next year is a reappraisal year. Much discussion and questions about abatements ensued. Mr. Lancaster noted that Mr. Stokes, Information Management Director, could not attend today's meeting but he supports the purchase and Mr. Lancaster also supports the request. Chair Clarke expressed reluctance to designate allocation of any more carryover until the Board has their budget meeting next month and he has more information about the amount of abatements to be allowed next year; he asked Mr. Miller if he could wait a month for an answer from the Board. Mr. Miller responded that they are already two months behind schedule for starting contract negotiations to get the system up and running by the end of the year. Chair Clarke encouraged Mr. Miller to try hard during contract negotiations to negotiate a lower price to purchase this system.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners authorize the expenditure of $117,000 to be derived from the 1995 carryover and to be transferred to the Information Management Systems budget for the purchase of an appraisal system for residential property for the Assessor's Office.

Motion carried 2 - 0.

LAND USE PLANNING MEETING

(#15 & #14 Side B)

The Board of County Commissioners reconvened 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: Rob Helmick, Planner II; Rex Burns, Project Engineer; Doug Ryan, Environmental Health Planner; and Jeannine Haag, Assistant County Attorney. Recording Clerk, S. Graves.

1. AURORA HILLS SUBDIVISION (#94-MS0484): SE 11-06-69 ON SOUTH

SIDE OF SKYWAY DRIVE, 1/4 MILE WEST OF U.S. HIGHWAY 287;

7.5 ACRES; 32 LOTS; EXISTING ZONING FA-FARMING

This is a request to divide 7.5 acres into 32 lots for single family residential use (lots range in size from 7,500 square feet to 12,650 square feet); and proposed rezoning from FA-Farming to R-2 Residential. Mr. Helmick described the location of the site and reviewed the major concerns and issues; he noted that the Fort Collins City Council met on March 5, 1996 to consider the requested off-site street waiver and they recommended denial, but at the same time set a cap of $50,000 for any off-site improvements to Skyway Drive. Mr. Helmick stated that a neighborhood meeting was held on February 15, 1996 to address concerns and he noted that staff received correspondence from Robert Penny, an attorney representing the Skyview South Homeowner's Association, citing concerns of Constellation Drive being in dire need of repair, county maintenance of the streets, early release of collateral to the developer prior to performance, and requesting the Board not act to approve this without dealing with the street conditions. Mr. Burns agreed that Skyway Drive needs repair or asphalt rehabilitation to be satisfactory for the proposed use, and he stated that the County does not maintain Skyway Drive but does maintain a part of Constellation. Staff findings include: 1) The proposed subdivision is consistent with the land use plan and the UGA; 2) The surrounding area has developed at the same density and type of development; 3) The existing zoning would not allow the property to develop consistent with the standards of the UGA; 4) The development is consistent with the surrounding neighborhood; 5) The proposal complies, or has been modified, to meet with the recommendations of the referral agencies; 6) The application meets the technical requirements regarding development within the UGA; 7) No service provider has identified any conflict with their ability to serve the proposal; 8) The traffic impact of this development is consistent with the existing and anticipated street network. The requested off-site street waiver, if approved, will recoup through fees, a portion of the cost of improving the off-site roads; 9) The drainage of the site will be accommodated through the drainage plan and the detention pond proposed by the applicant; 10) The requirement for a PUD is inconsistent with the pattern of development in the surrounding neighborhood, and the size of the site would not generate significant open areas within the development.

The Urban Growth Area Review Board/staff recommendation is for approval of the subdivision preliminary plat, with thirteen conditions, approval of the requested off-site road waiver, approval of a waiver of the requirement for a PUD, due to the size of the site and the pattern of development within the surrounding neighborhood, and approval of the rezoning of the property from FA to R-2 Residential, for the purpose of this subdivision.

Discussion and questions from the Board followed; Monica Sweere, applicant, addressed the Board and said that today's hearing is the culmination of two years of work to bring this project together; she noted that her goal is to build affordable housing and the homes will be priced right at or just below $115,000, which meets the city standard definition of affordable housing. With regard to the street issue, Ms. Sweere stated that she shares the neighbors concerns about the decaying roads and she has agreed to pay $22,400 for street repairs on Skyway Drive and she looks forward to sharing in the cost, but she cannot pay the total cost of repairs.

At this time the hearing was opened for public comment; Bob Penny provided a brief overview of the issues and concerns noting that the main concern is the increased traffic on Constellation Drive which runs from Trilby to Skyway and there is also concern regarding drainage from Aurora Hills. Mr. Penny noted that the work on the streets was never done completely or acceptable by the developer; consequently, the County never accepted the streets for maintenance. The homeowner's association is requesting the County's assistance in having the developer comply with the requirements of the original agreement so the County will accept the roads for maintenance, and he would also like to know who will repair Constellation as it deteriorates further with the increased traffic. Mr. Penny expressed concern regarding the notice that was sent out to only a portion of the adjacent property owners for this meeting.

The following persons addressed the Board with their concerns and in opposition to the approval of the Aurora Hills Subdivision: Grace Brownley, Gordon Woelfle, Sue Ellen Allyshouse, Roland Brownlee, Ken Richardson, Jackie Mackiyang, Mary Veccaro, and Theresa Summers. These persons cited their concerns regarding traffic and safety on Constellation, which is a narrow street with no sidewalks and on which there are many people walking from the Good Samaritan Home, Safe House, Foothills Gateway and lots of kids riding bikes, etc. It was noted that Constellation Drive was not designed for a through street but traffic has almost doubled since last year and there are potholes 18-20 inches in diameter and 6-10 inches deep. Storm drainage was discussed and it was noted that there are already existing drainage problems in this area; questions were raised regarding where this subdivision will tie into the present system, how does a road get dedicated without meeting code, and if a subdivision improvement district is being formed. Mr. Burns responded to the questions; he noted that the proposal for storm drainage from this project is to store the water in a detention pond before it is released and a professional engineer will provide a storm drainage study before final approval. Mr. Ryan noted that with regard to the question about the sewer tie in, the answer is the same in that the engineering department will require plans to be prepared by an engineer which will meet the South Fort Collins Sanitation District's standards for grade and depth of burying the lines and will be approved before Final Plat. Mr. Burns informed the Board that he and his office worked for 6-8 months preparing a plan for the improvement of the streets in this area and the cost was determined to be about $4500 per property; a petition was circulated and failed to get an adequate number of signatures for approval by the County. It was noted that a recent article in the Coloradoan indicated that within one mile of the present subdivision there are going to be 1196 new single family homes and 441 new multi-units and they question the need for another 32 homes in the area.

At this time the public comment portion of the hearing was closed and the applicant and representatives were offered time for rebuttal of the concerns: Dan Nordese, member North House LLC, addressed the concern of the condition of the streets and the fact that there will be 1196 new houses built to the south, but he requested the Board to concentrate on the 32 homes being proposed; he referred to the traffic studies that have been done by a professional engineer in which it was determined that this subdivsion will increase traffic only by 12 to 14%, and using the projected cost of $50,000 for road repairs, and considering the $700 contribution from each lot in this subdivision for a total of $22,400, they are way over their percentage share of that cost. Mr. Nordese informed the Board that they have agreed to participate in the homeowner's association in maintaining the adjacent roads, agreed to put in sidewalks adjacent to the Aurora Hills Subdivision, and agreed to pay park fees. Don Frederick, of Frederick Land Surveying, addressed the drainage concerns and noted that this proposal has gone through the normal process of any development before preliminary plat stage and they have submitted a preliminary drainage plan and report which has been reviewed and approved by county staff; he also noted that the sewer district has approved the plans and based on their criteria, they have the capacity, size, etc. for these 32 additional lots. Rick Zier, attorney representing the applicant, addressed the rezoning issue and stated that from the time this area was originally zoned FA-Farming, a number of circumstances have occurred, including the approval of most of the subdivisions surrounding the area and the area being included in the UGA. In summary, Mr. Zier stated that if this development does not occur, there will be nothing on the table for a permanent solution to remedy the road conditions and at least this is a start; this is an affordable housing project and no public money, contributions, nor fee waivers have been requested.

At this time the hearing was opened for Commissioner's comments; Commissioner Disney stated that in response to the concern regarding adequate notification of adjacent property owners, the County is currently in the process of designing a new land-use system and one of the issues to be addressed is how adjoining property owners are notified. With regard to the request before the Board today, Commissioner Disney noted that according to statutes, the Board's responsibility is to look at the orderly development of land and the provision of adequate services and infra-structure and, in his opinion, it would be irresponsible to compound the sins of the past with sins of the present and vote to make a bad situation worse; he stated he is not against developing this land but only when there is an adequate plan for how traffic flow is going to be addressed in this area and adequate plans for improvements have been made. Commissioner Duvall stated that, in her opinion, there are many unanswered questions regarding who is responsible for the roads--the original developer, the homeowner's association, the County, or Aurora Hills; she also expressed concern regarding the affordable housing issue as affordable housing proposals need to be reviewed by the Department of Human Development to meet certain criteria. Commissioner Duvall noted her concern regarding approval of rezoning without some kind of compensation and she cannot support rezoning to a higher density unless there is a transfer of development rights into the area so the rezoning helps preserve open space. Chair Clarke stated that he agrees that the road situation in this subdivision is awful and unfortunate things have happened in the past, but he noted that this is separate issue from what the applicant is requesting and he is concerned about fairness to the applicant; he reminded the property owners that if this project isn't approved, the applicant will not be providing the $22,400 for road repairs. Chair Clarke added that he thinks the rezoning is appropriate because this property is surrounded by urban development.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners deny the request of the Aurora Hills Subdivision (#94-MS0484) for the preliminary plat, off-site road and PUD waivers, and rezoning.

Motion carried 2 - 1; Chair Clarke dissenting.

The meeting adjourned at 5:15 p.m.

WEDNESDAY, APRIL 10, 1996

ADMINISTRATIVE MATTERS

(#16)

The Board of County Commissioners met at 9:00 a.m. in regular session with Frank Lancaster, County Manager. Chair Clarke presided and Commissioner Disney and Commissioner Duvall were present. Also present were: Deni LaRue, Courthouse Expansion Coordinator; Janelle Henderson, Director Natural Resources; Russ Legg, Interim Planning Coordinator; Donna Hart, Community Information Manager; and Neil Gluckman, Assistant County Manager. Recording Clerk, S. Graves.

1. OPEN SESSION FOR PUBLIC COMMENT: Jack and Dee Becker, former owners of the Rustic Resort, submitted a packet of information to the Board, including a letter from their attorney and a letter from Joseph Comello of the Larimer County Health Deparment, and requested assistance from the Board in their dealings with the Health Departmentl he noted that the letter from Mr. Comello listing non-compliance items was not based on their rules and regulations guidebook. Mr. Becker stated that in the past he never had any problems with the Health Department, but now that he sold the business, they are requiring a new freezer, additional hot water, etc. and he cannot get them to talk to him about this. Chair Clarke stated that the Board will send this packet of information to the Health Department and ask them to submit a report to the Board about this situation; the Board will then report back to Mr. Becker.

2. FACILITIES UPDATE: Ms. LaRue provided an update for the Board on the courthouse expansion project and noted that a meeting is scheduled for tomorrow at 1:30 p.m. in the Loveland City Manager's Office for site location work for the Loveland Court Facility. As of point of interest, Ms. LaRue stated that, in ranking order, people come to the Courthouse in Loveland for vehicle registration, court-related services, county offices in general, and then multiple purposes. Ms. LaRue is compiling some numbers from the feedback she is getting that there is a lack of information and misconception regarding where property taxes go, how much goes to the county, etc.; she noted that the Internal Project Team will be meeting with consultant Josh Gould to nail down all the costs and budget items to be included in the facilities plan so they have relocation fees included, technology fees, etc. Ms. LaRue noted they are getting questions from the three teams that received the RFP's and a proposal meeting will be held on April 19, 1996 to answer their questions. Commissioner Duvall asked Ms. LaRue if she is receiving support from the downtown business community as they really wanted the courthouse to stay downtown and it is important to have their help in selling this concept and making people understand the need for the facility.

3. REQUEST TO WAIVE LANDFILL FEES: Chair Clarke reviewed the reason for the request before the Board today by noting he was approached by the youth baseball folks who are building a new baseball field out at Lincoln Junior High and they are in the process of taking out some of the old debris, concrete, chain link fence, poles, etc.; they are running short of money and were hoping the Board could waive the dumping fees for them at the landfill. Ms. Henderson submitted copies of the internal policy for waiving fees and noted that some free dumping privileges are allowed for the neighbors who are impacted by the landfill operations, the cities of Fort Collins and Loveland as prescribed by agreement, and in the event of natural disasters; all other requests are brought to the Board to grant an exception to policy. Chair Clarke noted that this is a good project and is supported by Youth Baseball, the Rockies have provided a grant for construction, the school system is involved because it is their land, and the City of Fort Collins is involved. Ms. Henderson noted that as the Cities of Loveland and Fort Collins are co-owners of the landfill they receive a block of free dumping privileges and Fort Collins has 45,000 cubic yards which they never come close to reaching. Commissioner Duvall stated she does not want to change the internal policy for waiving fees and have the landfill become a charitable organization. Chair Clarke thinks the County should have a policy regarding the granting of exceptions; Mr. Lancaster suggested rewriting the policy that exceptions will be allowed for humanitarian reasons. Much discussion followed; the Board will discuss this matter further during a policy worksession, but in the meantime, the Board directed Ms. Henderson to refer the request to the City of Fort Collins.

4. SCHOOL IMPACT FEE UPDATE: Mr. Legg noted that the purpose of today's meeting is to update the Board on school impact fees; he reminded the Board that there is a technical sub-committee working in PLUS with the school districts and they have received three requests from St. Vrain, Poudre R-1, and Thompson R2-J to increase the county fee in lieu of school district fees from the current $8 to a range of $312 to $340. Mr. Legg stated that this is a standard fee and not an impact fee; he noted it would be appropriate for this fee to be raised and it could possibly be in place by this summer. Mr. Legg informed the Board that the money collected from this fee can only be used for the purchase of land for schools.

Mr. Legg discussed another matter with the Board; he noted that they have been giving assistance to the Estes Park Comprehensive Plan in getting mailings out to everyone and he has been paying the bills - about $1,000 a mailing; recently he received a bill from Design Studios West (DSW) for $1,200 for the consultants share for designing this program and he wanted to make sure the Commissioners were agreeable for him to pay this bill. Mr. Legg stated that DSW helped design this whole program and how it should be handled; they are attending the workshops and will be advising them further what to do as they try to make corrections. Commissioner Disney supports paying this bill as DSW is the designer of the plan for notifying the property owners and responding to the property owners so their responses can be factored into the plan in the appropriate fashion; otherwise, it is going to fall on the Estes Park staff and county staff to do this. Mr. Legg informed the Board that Larimer County did make a general commitment; Chair Clarke stated that the whole process was triggered with our lack of enthusiasm and therefore the consultant costs money and needs to be reimbursed. It was noted that this is a shared cost, but the Board agreed not to give them a blank check and that expenses need to be kept in check.

5. WORKSESSION:

-- Items for Policy Worksession: Mr. Lancaster informed the Board that the item for discussion for the Policy Worksession tomorrow is the Health and Human Services Restructuring Plan.

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

6. DOCUMENT REVIEW:

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the Minutes for the week of April 1, 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 the Schedule for the week of April 15, 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: Miles Cottages & Motel; Counterfeit Press; Fancy Frocks; Chrysler Leasing Systems; Hastion Oil; Tawney; Marsden; Mauro; Tawara; Skazinski; Cellan-Jones; Smith, Fairman; and Datalab Management.

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 on Document Review for April 10, 1996:

LIQUOR LICENSES: County approval was granted to the Loveland Country Store - 3.2% - Loveland, CO. A license was issued to The Landings Restaurant and Beach Club - 6% WITH EXTENDED HOURS - Fort Collins, CO.

A96-49 AGREEMENT CONCERNING ROAD IMPROVEMENTS ON

COUNTY ROAD 30 BETWEEN THE BOARD OF COUNTY

COMMISSIONERS AND POVERTY KNOLLS, L.L.C.

(Project #181)

C96-17 CONTRACT BETWEEN THE BOARD OF COUNTY

COMMISSIONERS AND THE STATE OF COLORADO,

DEPARTMENT OF LOCAL AFFAIRS (Provision of Umbrella

Contract for Emergency Management Funding)

C96-18 CONTRACT BETWEEN THE BOARD OF COUNTY

COMMISSIONERS AND MOUNTAIN CONSTRUCTORS, INC.

(Reconstruction of Intersection of County Road 21 and 48)

R96-65s FINDINGS AND RESOLUTION RENAMING MOUNT CHAMPION

COURT TO DEADHORSE MOUNTAIN COURT

R96-66s FINDINGS AND RESOLUTION RENAMING A PORTION OF

NORTH LANE TO HAYBARN HILL ROAD

R96-67s FINDINGS AND RESOLUTION APPROVING THE EXTENSION

OF PRELIMINARY PHASE PLAN OF MCKEE CHARITABLE

TRUST P.U.D.

R96-68z SPECIAL REVIEW FINDINGS AND RESOLUTION APPROVING

THE PETITION OF CLOVERLEAF MOBILE HOME PARK

EXPANSION

R96-69s FINDINGS AND RESOLUTION APPROVING THE EXTENSION

OF PRELIMINARY PHASE PLAN OF SPRINGFIELD COURT

P.U.D.

R96-70g RESOLUTION REGARDING THE PLACEMENT ALTERNATIVES

COMMISSION AND A FAMILY PRESERVATION COMMISSION

Motion carried 3 - 0.

7. LEGAL MATTERS:

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

M O T I O N

Commissioner Duvall moved that the Board go into Executive Session at 10:30 a.m. to discuss legal matters.

Motion carried 3 - 0.

The Executive Session ended at 10:40 a.m.

THURSDAY, APRIL 11, 1996

POLICY WORKSESSION

(#15 - Side B @ 4000)

The Board of County Commissioners met at 9:30 a.m. before Policy Worksession to consider a waiver of the sick leave policy. Chair Clarke presided and Commissioner Duvall was present; Commissioner Disney was absent as he was attending the Statewide Transportation Advisory Council Meeting in Denver today. Also present were: Gayle Morgan, Planning Staff Services Manager; Al Kadera, Subdivision Administrator; Ralph Jacobs, Human Resources Director; and Neil Gluckman, Assistant County Manager. Recording Clerk, S. Graves.

Ms. Morgan requested the Board to approve a waiver of the Larimer County Sick Leave Policy to allow Planning Division personnel to transfer a total of sick leave, not to exceed four weeks, to Anita Clardy as she has used all her sick leave, vacation and floating holidays and her illness has developed into a life threatening condition; Ms. Morgan noted that Planning personnel willingly agreed to donate sick leave and several offered to individually donate all the time needed. Mr. Jacobs stated that a physician's statement has been provided stating that it is a life-threatening disease; therefore, he recommends approval of the request.

M O T I O N

Commissioner Duvall moved that the Board of County Commissioners approve the request to approve a waiver of the Larimer County Sick Leave Policy and allow the transfer of a total not to exceed four weeks of sick leave from Planning Division personnel to Anita Clardy, due to a life-threatening illness.

Motion carried 2 - 0.

The meeting recessed at 9:40 a.m.

______________________________________

JOHN CLARKE, CHAIR

BOARD OF COUNTY COMMISSIONERS

( S E A L )

ATTEST:

_____________________________________

Sherry E. Graves, Deputy County Clerk