PROCEEDINGS OF THE BOARD OF COUNTY COMMISSIONERS

MONDAY, MAY 6, 1996

LAND-USE PLANNING MEETING

(#26)

The Board of County Commissioners met at 3:00 p.m. in regular session with Jerry White, Zoning Administrator. Chair Clarke presided: Commissioners Disney and Duvall were present. Also present were John Pedas, Planner II; Linda Dahn, Assistant County Attorney; and Al Kadera, Planner II. Recording Clerk, A. Jensen.

Chair Clarke called the meeting to order and introduced the staff in attendance.

M O T I O N

Commissioner Disney moved that the Board table the Mayo Welding Special Review (#Z-22-91) until May 20, 1996.

Motion carried 3 - 0.

Mr. White stated that the following item be tabled until May 13, 1996 at the request of the applicant.

M O T I O N

Commissioner Duvall moved that the Board table the Auto Outlet of Fort Collins Rezoning (#95-ZN0739) until May 13, 1996.

Motion carried 3 - 0.

Chair Clarke stated that the following is a consent item and will not be discussed in detail unless requested by the Board or members of the audience.

1. LINCOLN CONDOMINIUM WAREHOUSES (#96-SU0874):

07-07-68 ON THE SOUTH SIDE OF LINCOLN AVENUE, EAST OF LINK LANE; 2.04 ACRES; I-INDUSTRIAL ZONING.

This is a request to create individual commercial condominium units in an existing commercial building. Staff findings include: 1) This request is to create seven commercial condominium units in an existing commercial building; 2) The only change resulting from this request will be the ownership of the property. The number of units and the use of the site will remain the same; 3) Access, drainage, landscaping and utility service were addressed when the building permit was issued for this building; 4) The Condominium Declaration provides for maintenance of the building and defines each owner's rights and responsibilities with respect to the property. The staff recommendation is for approval of the condominium map for Lincoln Condominium Warehouses.

M O T I ON

Commissioner Disney moved that the Board adopt the staff findings and staff recommendations and approve the Lincoln Condominium Warehouses (#96-SU0874), with the conditions as outlined.

Motion carried 3 - 0.

2. KNIGHT ZONING VIOLATION: 36-05-69, 3610 SOUTH GARFIELD AVENUE, LOVELAND; (#95-ZV0727).

This alleged violation is for occupying a double wide mobile home without a building permit or approval. Mr. Pedas submitted information on the site and provided background information of the alleged violation for the Board. Discussion ensued regarding the number of buildings on the property being used for residential purposes. Mr. Pedas stated he will further examine the property for other violations. Staff findings include: 1) The subject property is zoned R-1 Residential; 2) The property was non-conforming as the result of three living units on the property; 3) A variance to expand the non-conforming status with the replacement of a single wide mobile home with a double wide was denied by the Larimer County Board of Adjustment; 4) Continued use of the property inconsistent with the zoning requirements may affect property values in the neighborhood. The staff recommendation is to find that a violation exists, require compliance within 30 days, and authorize legal action if the deadline is not met.

Chair Clarke opened the meeting for public input.

Ms. Kimberly Knight approached the podium to comment on the alleged violations. Ms. Knight stated that when she purchased the property, it was her understanding that these buildings were in compliance with County codes.

Mr. Rick Bowman also approached the podium to describe his interaction with the County Planning Department and their ongoing efforts to manage the property. Mr. Bowman stated that they did not have any certificates of occupancy for any of the buildings on the property.

Discussion ensued regarding neighborhood concerns and the condition of the buildings on the property.

M O T I O N

Commissioner Disney moved that the Board find that a violation exists, require compliance within 30 days, and authorize legal action if the deadline is not met.

Motion carried 3 - 0.

The meeting adjourned at 3:30 p.m.

WEDNESDAY, MAY 8, 1996

ADMINISTRATIVE MATTERS

(#27 & #28)

The Board of County Commissioners met in regular session at 9:00 a.m. with Frank Lancaster, County Manager. Chair Clarke presided; Commissioners Disney and Duvall were present. Also present were: Cynthia Young, Telecom Supervisor; Paul Cooper, Community Corrections Director; Ralph Jacobs, Human Resources Director; Captain Leslie Johnson, Sheriff's Detention Center; Lt. Deb Russell, Sheriff's Detention Center; Kate Tremblay, Risk Manager; Joan Duchene, Office Supervisor; Jerry White, Senior Planner; George Hass, County Attorney; Jeannine Haag, Assistant County Attorney; Carol Block, Finance Director; and Donna Hart, Community Information Manager. Recording Clerk, A. Jensen.

1. PUBLIC COMMENT: Ms. Kathleen Kilkelly came before the Board to clarify statements made during Public Comment on May 1, 1996. Ms. Kilkelly expressed her appreciation to Commissioner Disney for his letter. Chair Clarke briefly discussed a meeting he had with John Fischbach, City Manager and Ann Azari, City of Fort Collins Mayor, regarding traffic issues for southern Fort Collins. Ms Kilkelly stated she is requesting an update to the September 19 letter addressing those traffic issues and how they relate to proposed developments in that area. The Commissioners stated they will honor Ms. Kilkelly's request. Commissioner Disney stated that the City of Fort Collins is aware of where the County stands on traffic problems in the southern part of Fort Collins.

At this time Commissioner Duvall joined the meeting.

Ms. Miller detailed traffic problems at the I-25 and Mulberry and the Mulberry and Greenfield Court intersections for the Commissioners. Discussion ensued regarding these intersections and the ongoing efforts to correct them.

2. PRESENTATION OF A PROCLAMATION FOR NATIONAL CORRECTIONAL OFFICER WEEK: Captain Leslie Johnson and Lt. Deb Russell requested the Board to proclaim the week of May 5 through May 11, 1996 as National Correctional Officer Week; Commissioner Clarke read the proclamation aloud. Captain Johnson thanked the Commissioners for the proclamation.

M O T I O N.

Commissioners Duvall moved that the Board of County Commissioners proclaim the week of May 5 through May 11, 1996 as National Correctional Officer Week.

Motion carried 3 - 0.

3. DISCUSSION OF JUVENILE HOLDING: Mr. Cooper distributed a draft proposal for funding between the County and the municipalities located within the county. Discussion ensued regarding the costs involved and the figures Mr. Cooper used in determining funding distribution. Commissioner Disney expressed his support for this project. Chair Clarke suggested that Mr. Cooper include the total expenses incurred by the County in these calculations. Mr. Cooper stated that the next step is to formalize the agreement with the municipalities. Mr. Lancaster and Mr. Cooper will arrange a meeting with the governmental entities involved. CONSENSUS OF THE COMMISSIONERS was to instruct Mr. Cooper and Mr. Lancaster to proceed with this project.

4. MERGER OF OFFICES ON AGING: Chair Clarke stated this is before the Board to formalize proceedings of yesterday's meeting with the Social Services and Human Development offices.

M O T I O N

Commissioner Disney moved that the Board combine the Office on Aging currently in the Human Development Department with the Disabled and Senior Services Division of the Social Services Department, to be managed as part of the Social Services Department, effective when joint office space is available at the County Blue Spruce Complex.

Motion carried 3 - 0.

5. DONATION OF SICK LEAVE FOR AN EMPLOYEE WITH A LIFE THREATENING ILLNESS: Mr. Jacobs stated he received a request from the Information Management Division on behalf of Josie Linnebur, an employee in the department, for co-workers to donate up to 300 hours of sick leave. Mr. Jacobs requested the Board approve a waiver of the Larimer County Sick Leave Policy to permit the donation of up to 300 hours of sick leave to Ms. Linnebur, as requested.

M O T I O N

Commissioner Duvall moved that the Board waive the Larimer County Personnel Policy Manual sick leave provisions to permit the transfer of up to 300 hours of donated sick leave to Josie Linnebur from her co-workers to assist Ms. Linnebur while she is being treated for a life threatening illness. This transfer is to occur after Ms. Linnebur has exhausted her present sick and vacation leave balances.

Motion carried 3 - 0.

6. FUNDING REQUEST FOR MEADOWDALE RANCH PURCHASE: Commissioner Disney explained the reason for this request. Discussion followed regarding funding, easements and the acquisition of property in the area described. Commissioner Disney stated he will confer with Mr. John MacFarlane with respect to this request and report back to the other Board members.

7. SPRING MEETING OF COALITION OF LAND TRUSTS: Chair Clarke stated that the Board has received a letter from the Thirty-Five Acre Task Force to send two of their members to the Colorado Coalition of Land Trusts Spring Meeting. Discussion ensued regarding who to send from this committee and county staff. Mr. Lancaster stated he will contact Mr. John MacFarlane and Mr. Russ Legg regarding this educational opportunity with the Board's suggestions.

8. RESOLUTION ON MILEAGE REIMBURSEMENTS: Mr. Lancaster explained the request for this resolution, stating this would be effect for 1997. Commissioner Duvall suggested that the Board adopt option #2 as outlined in the proposal; setting the County mileage reimbursement rate at 90% of the federal rate.

M O T I O N

Commissioner Duvall moved that the Board adopt the resolution on mileage reimbursements, using 90% of the federal rate and rounding to the nearest penny.

Motion carried 3 - 0.

9. ADOPTION OF GUIDELINES FOR CLAIMS SETTLEMENTS: Ms. Tremblay and Ms. Block came before the Board to request approval of the guidelines for claims settlements as proposed by the Risk Management Department. Discussion of how the authority limits were determined followed. The Commissioners requested a brief monthly report from Ms. Tremblay as to the settlements that are approved by her. Commissioner Disney also requested a comparison of settlements that have occurred in previous years. Ms. Tremblay stated she will make that information available to the Commissioners.

M OT I O N

Commissioner Duvall moved that the Board approve the Guidelines for Claims Settlements as proposed by the Risk Management Department.

Motion carried 3 - 0.

10. APPOINTMENTS TO THE FAIR BOARD: Ms. Duchene requested that the Board appoint Jerry Yoder and Mike DiTullio to the Fair Board.

M O T I O N

Commissioner Disney moved that the Board appoint Jerry Yoder and Mike DiTullio to the Fair Board to complete unexpired terms ending November 30, 1997.

Motion carried 3 - 0.

11. WORKSESSION:

-- Bleachers: Mr. Lancaster reported that the cost to transport the Fairgrounds bleachers to the Scottish/Irish Festival in Estes Park would be $200.00 and is requesting approval of this expenditure. Discussion ensued as to how these types of requests are to be handled in the future. Mr. Lancaster stated he will compose guidelines for the Commissioners to use when considering requests such as these. The meeting continued with a brief discussion of projects within the County that are in threat of being cut. Mr. Lancaster stated he will check into those projects and report back to the Commissioners.

M O T I O N

Commissioner Disney moved that the Board approve the $200.00 expenditure from the Commissioners Special Projects Fund to provide transportation of the County Fairground's bleachers to the Scottish/Irish Festival in Estes Park.

Motion carried 3 - 0.

-- Council Worksession on the 14th: Mr. Lancaster stated that the topic for the Council Worksession on May 14, 1996 will Dry Creek drainage issues and that they are requesting one of the Commissioners to attend. Chair Clarke stated he will attend the meeting and instructed Ms. Hart to schedule the meeting on his calendar.

-- Invitations: Ms. Hart reviewed the pending invitations and the Commissioners indicated to her which they will attend.

12. DOCUMENT REVIEW:

M O T I O N

Commissioner Disney moved that the Board approve the Minutes for the week of April 29, 1996, as submitted.

Motion carried 3 - 0.

M O T I O N

Commissioner Disney moved that the Board approve the Schedule for the week of May 13, 1996.

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 May 8, 1996.

MISCELLANEOUS DOCUMENTS: Lincoln Condominium Warehouses Plat; First Quarter Report for 1996; Special Reserve Fund. LIQUOR LICENSES: County approval was granted to Fort Namaqua Wine & Spirits - 6% - Loveland, CO., and Sandy's Convenience Store - 3.2% - Loveland, CO. Licenses were issued to: Rustic Liquors - 6% - Bellvue, CO.; Rustic Resort - 6% - Bellvue, CO.; Alman's Deliworks - 6% - Fort Collins, CO.; South Taft Liquor - 6% - Fort Collins, CO.; and Overland Foods - 3.2% - LaPorte, CO.

A96-66 AGREEMENT CONCERNING THE HAULING OF WASTES FROM THE BERTHOUD TRANSFER STATION BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND BROWNING-FERRIS INDUSTRIES OF COLORADO.

A96-67 AGREEMENT CONCERNING THE HAULING OF WASTES FROM THE RED FEATHER TRANSFER STATION BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND WASTE MANAGMENT OF COLORADO.

A96-68 AGREEMENT CONCERNING THE HAULING OF WASTES FROM THE WELLINGTON TRANSFER STATION BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND GALLEGOS SANITATION, INC.

A96-69 AGREEMENT CONCERNING ROAD IMPROVEMENTS ON COUNTY ROAD 30 BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND WILLIAM F. AND ETHEL L. BATES. (Project #181)

C96-26 CONTRACT FOR PROFESSIONAL SERVES BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND GREENHORNE & O'MARA, INC. (Project #203).

R96-78s RESOLUTION REGARDING THE RELEASE OF WARRANTY COLLATERAL FOR MANOR RIDGE ESTATES FIFTH FILING.

R96-79s FINDINGS AND RESOLUTION APPROVING THE PLAT OF GARRISON MIOR RESIDENTIAL DEVELOPMENT.

R96-80s FINDINGS AND RESOLUTION TO NAME A PREVIOUSLY UNNAMED ROAD NORTH OF POUDRE PARK MINOR RESIDENTIAL DEVELOPMENT.

R96-81s FINDINGS AND RESOLUTION APPROVING THE PLAT OF POPE MINOR RESIDENTIAL DEVELOPMENT #2.

R96-82g RESOLUTION CONCERNING LAW ENFORCEMENT IN LARIMER COUNTY PARK AREAS.

13. LEGAL MATTERS: At this time Mr. Hass and Ms. Haag joined the meeting for legal matters. Discussion ensued regarding subdivision regulations under consideration by the Colorado Supreme Court. Mr. Hass stated that this may possibly be resolved in September. Chair Clarke will meet with Ms. Haag to discuss in detail subdivision regulations.

Mr. White joined the meeting. Commissioner Duvall requested that Ms. Haag and Mr. White give the Board a brief historical perspective of the Glacier View Meadows Subdivision. Commissioner Duvall also requested that Ms. Haag and Mr. White submit a report to the Board with respect to the cost and extent of county staff involvement in administering County owned Glacier View Meadow lots.

-- Request approving transfer of control to Comcast Corporation: Ms. Haag requested Board approval of the resolution approving the transfer of control to Comcast Corporation.

M O T I O N

Commissioner Disney moved that the Board approve the resolution to transfer control to Comcast Corporation under agreements to operate cable television systems in Larimer County by Scripps Howard Cable Company and authorize the Chair to sign same.

R96-83g RESOLUTION APPROVING THE TRANSFER OF CONTROL TO COMCAST CORPORATION UNDER AGREEMENTS TO OPERATE CABLE TELEVISION SYSTEMS IN LARIMER COUNTY BY SCRIPPS HOWARD CABLE COMPANY.

Motion carried 3 - 0.

-- Closing documents for Sale of Lot 14, Crystal Lakes 13th Filing: Ms. Haag presented the quit-claim deed and closing documents for the sale of Lot 14, Crystal Lakes 13th Filing and requested Board approval and the Chair's signature.

M O T I O N

Commissioner Duvall moved that the Board approve the quit-claim deed and resolution for conveyance for the sale of Lot 14, Crystal Lakes 13th Filing, P.U.D., between the Board and the Crystal Lakes Road and Recreation Association.

Motion carried 3 - 0.

D96-12 QUIT-CLAIM-DEED FOR THE SALE OF LOT 14, CRYSTAL LAKES THIRTEENTH FILING, P.U.D.

-- Closing documents for sale of Lots 9 & 10, Glacier View Meadows 12th Filing: Ms Haag presented the quit-claim deed and closing documents for the sale of Lots 9 & 10, Glacier View Meadows 12th Filing, and requested Board approval and the Chair's signature.

M O T I O N

Commissioner Duvall moved that the Board approve the quit-claim deed and resolution for conveyance for the sale of Lots 9 & 10, Glacier View Meadows 12th Filing, P.U.D., between the Board and Keith and Michelle Croteau.

Motion carried 2 - 0. (Commissioner Disney excused himself momentarily from the meeting.)

D96-13 QUIT-CLAIM DEED FOR THE SALE OF LOTS 9 & 10 GLACIER VIEW MEADOWS TWELFTH FILING, P.U.D.

M O T I O N

Commissioner Duvall moved that the Board approve the quit-claim deed and resolution for conveyance for the sale of lot 24, Glacier View Meadows 8th Filing, P.U.D., between the Board and Bradley and Rosemond Hackleman.

Motion carried 2 - 0.

D96-14 QUIT-CLAIM DEED FOR THE SALE OF LOT 24, GLACIER VIEW MEADOWS, EIGHTH FILING, P.U.D.

Commissioner Disney returned to the meeting.

14. EXECUTIVE SESSION - PENDING LITIGATION:

M O T I O N

Commissioner Disney moved that the Board go into Executive Session at 11:20 a.m. to discuss possible litigation.

Motion carried 3 - 0.

The meeting adjourned at 11:45 a.m.; no action taken.

______________________________________

JOHN CLARKE, CHAIR

BOARD OF COUNTY COMMISSIONERS

( S E A L )

ATTEST:

___________________________________

Aimee Jensen, Deputy County Clerk