Elk in Rocky Mountain National Park
 

PROCEEDINGS OF THE BOARD OF COUNTY COMMISSIONERS

MONDAY, JULY 15, 1996

MEETING TO SELECT TEAM

FOR COURTHOUSE EXPANSION PROJECT

The Board of County Commissioners met at 9:30 a.m. in regular session with Deni LaRue, Courthouse Expansion Project Coordinator. Chair Clarke presided; Commissioners Disney and Duvall were present. Also present were: Josh Gould of RNL Consultants; Carol Block, Finance Director; Dick Anderson, Facilities Manager; County Attorney George Hass; and Frank Lancaster, County Manager. Recording Clerk, S. Graves.

M O T I O N

Commissioner Disney moved that the Board go into Executive Session at 9:30 a.m. to discuss contract negotiations .

Motion carried 3 - 0.

The Executive Session recessed at 11:15 p.m. to be continued tomorrow, July 16, 1996, at 9:30 a.m.

LAND-USE PLANNING MEETING

(#59 & #60)

The Board of County Commissioners reconvened at 3:00 p.m. in regular session with Larry Timm, Director of Planning. Chair Clarke presided; Commissioners Disney and Duvall were present. Also present were: Allen Gould, Planner II; Al Kadera, Subdivision Administrator; John Pedas, Zoning Code Enforcement Officer; Richael Michels, Planner I; Rex Burns, Project Engineer; 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. Commissioner Duvall requested that the Fort Collins In-Line Sportrink Special Review be removed from the consent agenda as she has several questions about the proposal.

1. PTARMIGAN 3RD FILING, LOTS 18-19, BLOCK 3, AMENDED PLAT

(#96-SA0905): SE 14-06-68 - 7215 & 7211 STADLER COURT; .49 ACRES;

E-1 ESTATE ZONING

This is a request to consolidate two lots into one lot of 21,269 square feet (0.488 acres). Staff findings are: 1) The proposed Amended Plat would consolidate two lots into one larger lot, and would not create any additional building sites; 2) The lot created by the Amended Plat would be compatible with surrounding residential and open space development (golf course) in the subdivision, and would not affect property values; 3) The proposed Amended Plat is in accordance with the Larimer County Subdivision Resolution; 4) Approval of the plat would affect existing utilities, only to the extent that one water tap and one sewer tap would require abandonment. All of the other affected utilities approved the plat. The staff recommendation is for approval of the proposed Amended Plat of Lots 18 & 19, Block 3 in Ptarmigan Subdivision, Third Filing.

3. HIAWATHA HEIGHTS AMENDED PLAT (#96-SA0908): 29-10-73 IN RED

FEATHER LAKES; .03 ACRES; 2 LOTS; O-OPEN ZONING

This is a request to reconfigure one lot and parts of two other lots resulting in two building sites. Staff findings include: 1) Hiawatha Heights was platted in 1925; many of the lot lines and access road locations do not coincide with the original plat. This Amended Plat will realign lot lines between two lots and provide an access easement at the actual location of the road; 2) 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 Lot 1 of the Amended Plat of Lots 29C and 29D and a portion of Lot 28, Block 19A and a portion of Lot 20, Block 19, Hiawatha Heights.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners adopt the staff findings and the staff recommendations and approve the Ptarmigan 3rd Filing, Lots 18-19, Block 3, Amended Plat (#96-SA0905); and the Hiawatha Heights Amended Plat (#96-SA0908).

Motion carried 3 - 0.

1. FORT COLLINS IN-LINE SPORTRINK SPECIAL REVIEW (#96-ZR0791):

SE 1/4 07-07-68 - 1800 HEALTH PARKWAY, NORTH OF HIGHWAY 14,

1/2 MILE WEST OF SUMMITVIEW DRIVE, NEAR THE NORTHEAST

CORNER OF HEALTH PARKWAY AND AIRPARK DRIVE; 4.69 ACRES;

I-INDUSTRIAL ZONING

This is a request for Special Review to allow an outdoor in-line hockey rink in conjunction with an existing tennis facility to operate from April-November for league play. Staff findings include: 1) The proposed Fort Collins In-Line Sportrink is in compliance with the Intergovernmental Agreement for the Fort Collins Urban Growth Area, the Larimer County Land Use Plan, and the Larimer County Zoning Resolution; 2) The proposal is compatible with other development in the immediate area; 3) The off-street waiver should be granted because the public health, safety, and welfare would not be jeopardized; 4) The Fort Collins City Council reviewed and recommended approval of the project and the off-street waiver; 5) Approval of the project, with certain conditions, would not result in any significant impacts to neighboring properties, the natural environment, or the provision of services and infrastructure; 6) The project is considered to be infill development which is encouraged in the Intergovernmental Agreement for the Fort Collins Urban Growth Area and the Larimer County Land Use Plan.

The Urban Growth Area Review Board/Staff recommendation is for approval of the project, subject to the following conditions: 1) Applicant shall agree, in writing, to participate in a local improvement district to improve the streets in the Fort Collins Industrial Park Subdivision, should one be established; and 2) Applicant shall be assessed an off-street waiver fee of $17,840 at the time of building permit issuance.

Commissioner Duvall expressed concern regarding the possibility for a great number of spectators when the leagues are playing, the size of the bleachers, the actual number of vehicle trips generated per hour/day, etc.; Mr. Gould responded that there could be as many as 50 people at a time, including the participants and the spectators, and he stated that the applicant's consultant stated in his traffic study that there could be, at a worse case scenario, 66 vehicle trips in a given hour when there is a well-attended event. Commissioner Duvall asked her fellow Board members if they recall saying they would no longer allow off-site street waivers in lieu of the requirement to improve the off-site public streets; she thought it was decided that within the UGA, they would require that the actual road improvements be made. Mr. Burns responded that staff is in the process of preparing a resolution for the Board's approval about off-site street waivers and fees, but it has not yet been adopted and this application pre-dates that by several months. Commissioner Disney asked about the adequacy of the restroom facilities in the adjacent tennis facility; Mr. Ryan stated he is not sure how many facilities are located in the tennis facility, but the applicants have committed to keeping the facility open at all times.

Cliff Buchholz, owner of the Tennis Center since 1980, and Gregg Caledonia, partner in this project and owner of Advantage Tennis Courts Construction Company, addressed the Board; Mr. Buchholz responded to Commissioner Disney's concern about restroom facilities, noting that the Tennis Center has approximately 800 members, with many tennis tournaments held, and they have adequate restroom facilities. Mr. Buchholz stated that there is not an in-line hockey rink in this area, and there is a lot of interest for one, and this facility would provide an opportunity for the youth to get off the streets and be involved in a positive activity in an organized manner. In response to Commissioner Duvall's question about the size of the bleachers; Mr. Buchholz responded that they are planning on spectator seating for 40 to 50, but as in soccer, most people just stand along the rink. Mr. Buchholz stated, however, that they are struggling with one aspect of this venture; they estimate that construction of the concrete slab will cost approximately $100,000 and with the off-street waiver fee of $17,840, and with the other requirements and conditions they have had to meet, their costs will be $30,000 before the shovel hits the ground. Mr. Buchholz also stated that he is not convinced of the profitability of this venture and one of the reasons there are not more of these rinks in this area is because no one else is convinced of the profitability either; therefore, he is requesting the Board to reconsider the off-site street waiver of $17,840 established for commercial zoning and allow the waiver fee of $8,920 for industrial zoning. Mr. Buchholz acknowledged that the roads in this area, specifically Racquette Drive, are in dire need of improvement and he has been working for two years to get the property owners in the area to come together to make those improvements to county standards; he asked if the monies paid for the off-street waiver fee will be applied toward those street improvements. Mr. Burns responded that if the improvements for the Fort Collins Industrial Park were a public project, done for the entire park and with the participation of the other property owners, he would lend his recommendation to that money being used in the Fort Collins Industrial Park; however, this would be subject to review by the Public Works Department. Commissioner Disney noted that with regard to these street improvements, he understands that contributions to the Enterprise Fund were used for improvements on Link Lane and he asked if the same could be applied to these improvements; Mr. Burns responded affirmatively and noted that the contribution is now at 25%.

Mr. Caledonia noted that this property is zoned industrial and yet the off-street waiver is listed for commercial zoning and he requested clarification for this difference; Mr. Burns responded that it is based on the use of the property. Mr. Caledonia reiterated that the problem they are having with the off-street waiver fee, and the cost of meeting all the requirements, makes the project too costly to continue; he stated they feel they are being penalized for attempting to build a positive facility for the community. Mr. Caledonia continued that because of the lengthy process they have had to go through so far, they have lost a lot of time and spent a lot of money and now CSU is building a rink which will result in competition for them and they have lost this season because it will take at least four to five months to build the facility, if approved. Mr. Caledonia proposed that the Board waive the fees, if possible, or in all fundamental fairness, he suggested that as the skating rink is used, 20% of the users fee go into a special account for the road fees; he offered to enter into a partnership with the County in which they will risk the money and time to build this facility, if the County will work with them in funding it.

At this time the public comment portion of the hearing was closed and opened for Commissioner's comments. Commissioner Clarke noted that as this proposal is classified in the UGA as an infill development project, a process has been set up whereby waivers can be granted to the normal off-site road improvement fees to provide an opportunity to collect money in lieu of those fees; however, he queried how the differential between the commercial rate versus the industrial rate is calculated. Mr. Burns responded that he presumes that the "framers" of the numbers felt that there was a greater intensity of use of the streets system for one use over the other use; for instance, commercial has a greater use of the streets than industrial. Chair Clarke stated that this proposal is for commercial use in an industrial zone and he believes that the fee has bearing on the property for commercial purposes and in his view it is fair and proper for the applicant to pay the larger fee assessed for commercial zoning. Commissioner Duvall stated that she took this item off consent because she was concerned about the traffic and the applicants have soothed her concerns; however, she still feels it would be improper and irresponsible for the Board to waive these fees because she thinks it is important that development pay for road improvements rather than having the general taxpayer pay for road improvements. Commissioner Duvall expressed appreciation to the applicants for building a project that will help the youth and get them off the streets and she stated that this project will provide a community service.

M O T I O N

Commissioner Duvall moved that the Board of County Commissioners adopt the staff findings and Urban Growth Area Review Board/staff recommendations and approve the Fort Collins In-Line Sportrink Special Review (#96-ZR0791), with conditions as proposed.

At this time Mr. Buchholz requested an opportunity to address the Board,

M O T I O N

Commissioner Duvall moved that the Board of County Commissioners re-open the public hearing to receive additional comments from Mr. Buchholz.

Motion carried 3 - 0.

Mr. Buchholz stated that they are not expecting the Board to waive all the fees, only that the fee charged be for the lower rate of $8,920 calculated for the industrial zone and not the $17,840 calculated for the commercial zone. Commissioner Clarke responded that the fee that is being charged is in lieu of requiring off-site street improvements.

Motion carried 3 - 0.

4. AITKIN ZONING VIOLATION (#95-ZV0769): 02-04-69 - LOT 13, MIDWAY

ACRES AMENDED, 108-110 SW 49TH STREET IN LOVELAND

This alleged violation is for storing inoperable vehicles, junk and other assorted debris on a residential lot zoned FA-Farming. Mr. Pedas submitted photos of the site presented in chronological order taken over a period of time, a site plan and map of the neighborhood, several letters just received, one from property owner Patricia Aitkin requesting postponement of this matter until a later date, and he provided the background information of this violation and reviewed the major concerns and issues. Mr. Pedas informed the Board that the condition of this property did improve after notification to the property owner subsequent to complaints received from adjacent property owners, but they still are not satisfied that the property is as tidy as it should be. Staff findings are: 1) The subject property is zoned FA-Farming; 2) The FA-Farming Zone does not permit storage of inoperable vehicles, or outside storage not accessory to the residential use of the property; 3) The continued use of the property, inconsistent with zoning regulations, will affect property values in the neighborhood; 4) The building permit for construction authorized for an addition has expired as the result of the project being discontinued or abandoned for a period of 180 days. The staff recommendation is to find that violations exist, require compliance within 30 days, and authorize legal action if the deadline is not met.

Michael Aitkin, property owner, informed the Board that he lost his job and is now in business for himself as an over-the-road truck driver, which limits his time at home. Mr. Aitkin noted that the initial complaint was because of trash, which was from the tenant living on the other side of the duplex; that tenant has skipped out without paying the rent and they tried to sell their stuff in the front yard to recoup some of their losses. Mr. Aitkin stated he talked to his neighbors and they have no problem with the fact that he ran out of money and didn't finish his construction or with him working on his cars, they were just concerned about the trash blowing around; he noted that the one neighbor complaining the most has built on his house and never applied for a permit, never had an inspection, and yet that neighbor is holding him accountable to a standard that he doesn't uphold for himself. Mr. Aitkin informed the Board that all his vehicles are licensed and operable. Much discussion followed; Commissioner Duvall asked, considering the fact that Mr. Aitkin is working and gone from the home most of the time, is 30 days for compliance realistic? Mr. Pedas responded that based on recent observations of the property, there really isn't that much to be done - just reinstate the building permit, finish cleaning up the front yard, and provide verification that all the vehicles are licensed.

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 violations exist, require compliance within 60 days, and authorize legal action if the deadline is not met.

Motion carried 3 - 0.

5. PETT MINOR RESIDENTIAL DEVELOPMENT APPEAL (#96-EX0906):

NW 1/4 34-05-69 - SOUTH SIDE OF COUNTY ROAD 16, SOUTHEAST OF

RYAN GULCH LAKE, WEST OF SPRING MOUNTAIN SUBDIVISION;

43 ACRES; 3 LOTS; FA-FARMING ZONING

This is a request to appeal the MRD application criteria to allow an MRD application to be processed for three lots instead of two and from the criteria which states that the property must have the same legal description as in 1972. Ms. Michels provided the area analysis, project description and site location, and reviewed the major concerns and issues; she noted that one of the lots would be a 3-acre lot near CR 16, which is difficult to irrigate and maintain with their property due to its shape and location. Ms. Michels stated that the applicants also wish to cut off a 7-acre trapezoidal shaped parcel that hangs off their southern property line, and they would retain the internal 33 acres for residential and agricultural purposes. Staff findings include: 1) The Minor Residential Development Regulations were amended in 1993 by the Board of County Commissioners to allow applications for MRDs to be processed only for properties not significantly altered since 1972 and to allow the creation of only two lots; 2) That portion of the property that would be divided was added to the property in 1993 by boundary line adjustment; 3) There are technical issues and regulatory issues which indicate that this property would be better considered for subdivision at a level more in conformance with Urban Growth Area standards; 4) Staff is not likely to support the proposed division regardless of the review process utilized; 5) Approval of this appeal could incorrectly indicate to the applicant that the Board of County Commissioners will approve the resulting MRD application. The staff recommendation is for denial of the Pett Minor Residential Development Appeal.

Jim Pett, applicant, submitted additional information regarding the location of the site and he reviewed the map with the Board; he noted that a 2 1/2 acre parcel was split off in 1969. Mr. Pett stated he is not a developer and not interested in creating a feed lot or commercial herd; his interest is in having a limited number (8 to 10) of show-type cattle. Mr. Pett stated he started this process in early 1994 and was advised at that time to request a MRD appeal and not go through the subdivision process; he noted this is prime lake front property and he doesn't believe it should be ruined by the density the planning staff is recommending and he does not want to see this property developed in his lifetime. Commissioner Duvall asked Mr. Pett exactly why he wants to split the property into three lots and what special conditions exist which are peculiar, special, or unique to this property which would encourage the Board to grant an exception to the MRD policy. Mr. Pett responded that the previous owners of this property had a boundary dispute with the landowners to the south, which was settled by granting a right to an access easement at this boundary line; he stated that he wants to split this 7 acres off because it doesn't fit with the remainder of the property, it is a beautiful building site, it stands alone, and he further noted that the topography of the land lends itself to division into three lots, and the three units on 43 acres are very compatible with the surrounding properties. Don Frederick, Frederick Land Surveying, responded to the Board's question regarding the circumstances and reasons to warrant the request to go through the MRD process rather than the subdivision process, noting that the subdivision process is very cumbersome, expensive, and very time consuming and in certain cases, it doesn't make a better development than allowing a 3-lot MRD; in addition, the two parcels they are attempting to pull off the larger piece don't fit geographically and, from an irrigation standpoint, it makes more sense for those pieces to stand alone and to divide the property this way. Mr. Frederick continued that from his perspective, this proposal is unusual and to force it into a 2-lot MRD is still not utilizing the ground to its best advantage and going with a 3-lot subdivision, only imposes considerable more expense and review time for what he considers not to be a better division than a 3-lot MRD; he concluded that requiring the applicants to go through the subdivision process for an extra lot is "overkill".

At this time the public portion of the hearing was closed and opened for Commissioner's comments; Commissioner Disney stated he is inclined to support the staff recommendation because of access and sewage concerns. Chair Clarke stated he is interested in the logic for dividing this property, but there is still conflict in his mind about this land division and he is inclined to support staff. Commissioner Duvall stated she appreciates Mr. Pett's love of the land and his desire not to see high density on it; however, she thinks that even creating three home sites in an area that has questionable sewer, needs very close scrutiny.

M O T I O N

Commissioner Duvall moved that the Board of County Commissioners adopt the staff findings and staff recommendation and deny the Pett Minor Residential Development Appeal (#96-EX0906).

Motion carried 3 - 0.

The meeting adjourned at 4:45 p.m.

TUESDAY, JULY 16, 1996

EXECUTIVE SESSION CONTINUED FROM JULY 15, 1996

The Board of County Commissioners met at 9:30 a.m. to continue in Executive Session the discussion of contract negotiations and team selection for the Courthouse Expansion Project. Chair Clarke presided; Commissioners Disney and Duvall were present. Also present were the Team Members from Hensel Phelps; John Gould of RNL Consultants; Carol Block, Finance Director; Dick Anderson, Facilities Manager; County Attorney George Hass; Frank Lancaster, County Manager. Recording Clerk, S. Graves.

The Executive Session adjourned at 11:30 a.m. and the following action was taken.

M O T I O N

Commissioner Duvall moved that the Board of County Commissioners enter into contract and proposal negotiations with the Hensel Phelps Team.

Motion carried 3 - 0.

PRESENTATION OF AFFORDABLE HOUSING

INFORMATION SYSTEM REPORT

(#57)

The Board of County Commissioners reconvened at 2:00 p.m. in regular session with Ginny Riley, Human Development Executive Director. Chair Clarke presided; Commissioner Duvall was present. Commissioner Disney was attending a meeting in Denver. Also present were: Carol Gillespie, Community Development Manager; and Lisa Schwarzburg, Housing Development Specialist. Recording Clerk, A. Jensen.

Ms. Riley gave the Commissioners a brief history of how this information system was developed. The purpose of which is to provide empirical data to determine housing needs; a model that can be used to forecast future housing needs. Ms. Riley also stated that Human Development has taken over the Affordable Housing Information System and will continue with the project. Currently, Human Development, is in the process of doing a survey of low income housing needs. Ms. Riley continued the meeting with a demonstration of the Affordable Housing Demand report for Larimer County for 1996 through 2000. It was also noted by Ms. Riley that there will be a need for an additional 14,000 units of housing by the year 2000, due to various factors such as an aging population.

Commissioner Clarke inquired as to a strategy to locate affordable housing where it is needed. Discussion followed. Ms. Riley said she will be developing a symposium to combine the efforts of the numerous agencies that address affordable housing in the county. The Commissioners expressed their support of Ms. Riley's idea of an affordable housing symposium. Chair Clarke requested that Ms. Riley present the concept of disbursing affordable housing throughout the county versus compartmentalizing it. The Commissioners complimented Ms. Riley and her staff for the presentation.

The meeting adjourned at 3:20 p.m.

WEDNESDAY, JULY 17, 1996

ADMINISTRATIVE MATTERS

(#60 & #61)

The Board of County Commissioners met at 9:00 a.m. in regular session with Frank Lancaster, County Manager. Chair Clarke presided; Commissioners Disney and Duvall were present. Also present were: County Attorney George Hass; John Pedas, Zoning Code Enforcement Officer; Carol Evans, Planner I; Larry Timm, Planning Director; Elaine Spencer, Director of Engineering; Ralph Jacobs, Human Resources Director; Doreen Kemp, Commission on the Status of Women Chair; and Carol Block, Director of Finance. Recording Clerk, S. Graves.

1. OPEN SESSION FOR PUBLIC COMMENT: The following persons addressed the Board during the open session for public comment: Shirley Pope; Kathleen Kilkelly; and Brigitte Schmidt. Ms. Pope stated that she and her husband recently applied for a variance to build a new home on their property and were denied because only one primary residence is allowed on property of less than one acre; she noted that they can accept the denial, but cannot accept the fact that there are other families in the area which have two units on their properties and they have not obtained building permits or applied for a variance. Commissioner Duvall met with Ms. Pope yesterday and suggested she come to the open session today to relate her situation to the Board. Commissioner Duvall noted that yesterday the Board received a presentation regarding the lack of affordable housing in Larimer County and yet when county regulations dictate that one house must be declared unlivable if a second home is built on the property, a chance to provide an affordable house is eliminated; she stated that county policy and county rules need to be in sync if the Board wants to help alleviate the lack of affordable housing. Commissioner Duvall asked Mr. Pedas about the existing policy; Mr. Pedas responded that there is no policy, it is a definition in the zoning regulations which only allows one principal building per lot. Commissioner Disney stated that one way for Ms. Pope to solve her dilemma would be to buy development rights and transfer them in so she could legally have a second home on the property. The Board directed Mr. Pedas to investigate the other illegal lots in this neighborhood and report back to the Board; Chair Clarke assured Ms. Pope that if there are other illegal lots in her area, the County will take action.

Ms. Schmidt and Ms. Kilkelly, from the Northeast Neighborhood Coalition, invited the Board to an open house at Tavelli School; she noted that the City of Fort Collins will be there to explain their street plan for this region and there will be a question and answer period and information given concerning county roads. Ms. Schmidt stated that the dates they are considering are August 12 or August 15; after the Board checked their calendars, it was decided that August 12, 1996 would be the most convenient night for them.

2. FIRST READING OF THE UNIFORM TRAFFIC CODE ORDINANCE: Mr. Hass informed the Board that the requirement of the first reading of the Uniform Traffic Code Ordinance can be satisfied by having a motion to introduce the Ordinance and reading the title, as long as the text is available for inspection.

M O T I O N

Commissioner Duvall moved that the Board of County Commissioners approve the first reading of the Ordinance for the Regulation of Traffic by the County of Larimer, Colorado; Adopting by Reference the 1995 Edition of the "Model Traffic Code for Colorado Municipalities;" Repealing all Ordinances in Conflict Therewith; and Providing Penalties for Violation Thereof, and noted that the Ordinance is available in full form for public review.

Motion carried 3 - 0.

3. APPROVAL OF FINAL PLAT FOR EAGLE CREST SUBDIVISION AND SUBDIVISION IMPROVEMENT AGREEMENT: Ms. Evans requested Board approval of the Final Plat for Eagle Crest Subdivision and the Subdivision Improvement Agreement; she noted that the Preliminary Plat was approved in August of 1995 and all conditions have been met.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the Final Plat for Eagle Crest Subdivision and the Subdivision Improvement Agreement, and authorize the Chair to sign both documents.

Motion carried 3 - 0.

A96-98 SUBDIVISION IMPROVEMENT AGREEMENT FOR EAGLE

CREST SUBDIVISION BETWEEN THE BOARD OF COUNTY

COMMISSIONERS AND EAGLE CREST DEVELOPMENT, INC.

4. APPROVAL OF DRAFT LETTER REGARDING TDR'S: Mr. Timm presented draft copies of letters addressed to the Cities of Fort Collins and Loveland and the Town of Berthoud regarding the transfer of development rights (TDR's) and to the Towns of Wellington and Windsor regarding growth management coordination and requested input regarding those letters from the Board. The Board made several suggestions for revision and also recommended that a different letter be sent to the Town of Windsor informing them what Larimer County is doing regarding to TDR's, expressing appreciation for the chance to have visited with them in the past about TDR's, acknowledging understanding that they are not interested in TDR's and want to do things on your own, and stating that the Board is writing this letter in the spirit of communication. CONSENSUS OF THE BOARD was to approve the letters, as revised.

5. REQUEST FOR ASSISTANT COUNTY ENGINEER POSITION: Ms. Spencer requested Board approval of an Assistant County Engineer position to be added to the staffing document and to the revised 1996 budget at Grade 162; she noted that the job description is written and has been approved by Mr. Jacobs and will be advertised as soon as possible.

M O T I O N

Commissioner Duvall moved that the Board of County Commissioners authorize the position of Assistant County Engineer to be added to the staffing document in the Engineering Department, as requested.

Motion carried 3 - 0.

6. APPOINTMENT TO THE COMMISSION ON STATUS OF WOMEN: Mr. Jacobs informed the Board that previously an advertisement was placed in "Inside Information" asking for employees who are interested in becoming the Larimer County Liaison to the Fort Collins Commission on the Status of Women to apply. Mr. Jacobs submitted the names of the applicants and the letters received from three of the applicants; Ms. Kemp noted that this member would be a non-voting, ex-officio member. After much discussion and deliberation, the Board decided to make the following appointment:

M O T I O N

Commissioner Duvall moved that the Board of County Commissioners appoint Nancy Meginnis as Larimer County's representative on the Fort Collins Commission on the Status of Women as she is one of the three applicants which submitted a letter explaining why they would like to serve on this Commission and has been an employee of Larimer County the longest of the three applicants and most knowledgeable about the County.

Motion carried 3 - 0.

7. FUNDING FOR REMOVAL OF FAIRGROUNDS GAS TANK: Mr. Lancaster noted that during the Fairgrounds survey an old underground gasoline storage tank was discovered; he noted there are no problems associated with the tank at this time, but they want to take care of it. Mr. Lancaster stated that they have a firm quote of $1500 from a company to do the investigation of this tank.

M O T I O N

Commissioner Duvall moved that the Board of County Commissioners approve the expenditure of up to $1500 from the Capital Expenditures Fund to retain the professional services required in conjunction with the investigation of the underground storage tank at the Fairgrounds.

Motion carried 3 - 0.

8. APPOINTMENTS TO THE ECONOMIC DEVELOPMENT ADVISORY BOARD: As a follow-up of discussion held during Policy Worksession, Mr. Lancaster submitted a list of the recommended persons to be appointed to the Economic Development Advisory Board and requested Board approval of same.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners make the following appointments to the Economic Development Advisory Board: James Brewer, Frank Bruno, Kathy Koithan, Ann Lang, Rowland Mower, Ed Stoner, and Judy Wagner, each for a two-year term expiring June 30, 1998, and appoint Don Churchwell, Peter Kast, Zemen Lebne-Dengel, Robert Shiveley, James Edward Tallboy, Andrew Smith, and John Tschirhart, each for a four-year term to expire June 30, 2002; the remaining vacant position will be filled by an active agriculture producer to be appointed at a later date.

Motion carried 3 - 0.

9. RESOLUTION ESTABLISHING COMPENSATION FOR LARIMER COUNTY APPOINTED OFFICIALS IN THE DISTRICT ATTORNEYS OFFICE: Mr. Lancaster requested Board approval of a Resolution Establishing Compensation for Larimer County Appointed Officials in the District Attorney's Office; he noted that the budget will not be affected by this action.

M O T I O N

Commissioner Duvall moved that the Board of County Commissioners approve the Resolution Establishing Compensation for Larimer County Appointed Officials in the District Attorneys Office, and authorize the Chair to sign same.

Motion carried 3 - 0.

R96-110g RESOLUTION ESTABLISHING COMPENSATION FOR

LARIMER COUNTY APPOINTED OFFICIALS IN THE

DISTRICT ATTORNEY'S OFFICE

10. WORKSESSION:

-- Mishawaka Inn: Discussion ensued regarding problems relating to the Mishawaka Inn with regard to noise, traffic, and the recent traffic accident resulting in a death which is being investigated as to whether or not the victim had been drinking at Mishawaka. Responding to questions and concern from the Commissioners, Mr. Lancaster noted that the liquor license for Mishawaka doesn't expire until January 3, 1997; he asked the Board if they want to wait until that time to schedule a hearing or schedule a show-cause hearing before that date? Chair Clarke responded that if the investigation shows evidence that the victim had been drinking at Mishawaka, then a "show-cause" hearing should be scheduled; however, he stated that because of other complaints the Board has received about Mishawaka, he would like to also check into traffic and public safety issues. There was discussion if Mishawaka should hire their own uniformed off-duty patrol officers to provide security; Commissioner Clarke stated that when this was grandfathered in, this establishment was for 75 patrons only. Commissioner Disney asked if a meeting should be held with the owners before a hearing is scheduled to warn them what is going on; the Board concurred this was a good idea. The Board also requested that the Health Department check into whether or not there are adequate restroom facilities and for the fire authority inspect the premises.

-- Items for Cabinet Worksession: Mr. Lancaster asked the Board if they had other agenda items to discuss, other than the FMS update, during the Cabinet Worksession next Thursday, July 25, 1996; Commissioner Disney suggested having a Facilities Update to receive the Cabinet's input.

-- Items for Loveland City/County Meeting: Mr. Lancaster informed the Board that the Loveland City Council called this morning and canceled the Loveland City/County meeting scheduled for July 30, 1996 at 5:30 p.m.

-- Policy Worksession: Mr. Lancaster reviewed the two agenda items listed for discussion during the Policy Worksession tomorrow; i.e., the Sheriff's Department Pay Proposal and the Water Commission.

-- Appointments to the LaPorte Area Planning Advisory Council (LAPAC): Commissioner Duvall noted that she and Chief Planner Russ Legg conducted interviews of the applicants for LAPAC and they are recommending the following appointments:

M O T I O N

Commissioner Duvall moved that the following persons be appointed to the LaPorte Area Planning Advisory Council: Debbie Morgan, for a two-year term ending June 30, 1998, John Stegner, and Donna Lawson, each for a three-year term ending June 30, 1999, and reappoint Maggie Smith Bruehlman for a three-year period ending June 30, 1999.

Motion carried 3 - 0.

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

11. DOCUMENT REVIEW:

M O T I O N

Commissioner Duvall moved that the Board of County Commissioners approve the Minutes for the week of July 8, 1996, as submitted.

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 July 22, 1996, as submitted.

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 for July 17, 1996:

MISCELLANEOUS DOCUMENTS: Olympus Heights Amended Plat for Lots 1 and 2; Coffin Minor Residential Development Plat (#95-EX0726). LIQUOR LICENSES: Licenses were issued to: Conoco #06354 - 3.2% - Fort Collins, CO.; Supermarket Liquors, Inc. - 6% - Fort Collins, CO.; and Conoco #06358 - 3.2% - Loveland, CO. County approval was granted to: Nightingales - 6% - Fort Collins, CO. and a Waive of Hearing for a CHANGE OF OWNERSHIP for A 6% Hotel & Restaurant License for Cottonwood Hollow Enterprises, Inc., dba Cottonwood Hollow - Livermore, CO.

A96-99 MEMORANDUM OF AGREEMENT BETWEEN THE BOARD OF

COUNTY COMMISSIONERS AND EDWARD A. FLETCHER

(Use of Livermore Well)

C96-41 CONTRACT BETWEEN THE BOARD OF COUNTY

COMMISSIONERS AND WESTERN MOBILE NORTHERN, INC.

(Bike Lanes on CR 17 - Project #206)

Motion carried 3 - 0.

12. LEGAL MATTERS:

At this time County Attorney George Hass returned and Assistant County Attorney Marla Hehn and Deni LaRue, Courthouse Expansion Project Coordinator, joined the meeting for Legal Matters.

1. Agreement Concerning Ptarmigan LIC #1987-5: Ms. Hehn stated that several months ago discussion was held regarding the Ptarmigan Local Improvement District concerning a situation in which the owner of that District and their auditors realized that the County failed to timely redeem some bonds, and terminate the assessment once the bonds were paid in full; she noted that during that previous discussion, the Board agreed it would be appropriate to pay the $13,817.16 the County collected after the assessments were terminated. Ms. Hehn requested Board approval of an agreement for reimbursement of $13,817.16 to Windsor Investments, LTD.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the Agreement Concerning Ptarmigan Local Improvement District No. 1987-5, as requested, and authorize the Chair to sign same.

Motion carried 3 - 0.

A96-100 AGREEMENT CONCERNING PTARMIGAN LOCAL

IMPROVEMENT DISTRICT # 1987-5 BETWEEN THE BOARD OF

COUNTY COMMISSIONERS AND WINDSOR INVESTMENT, LTD.

2. Discussion of Contract for Interim Director for Rural Land Use Center: Discussion ensued regarding approval of a contract between the Board of County Commissioners and ZTI Group Architects for Ed Zdenek to serve as Interim Director for the Rural Land Use Center for a 6-month period for a total maximum price of $7375 per month. Commissioner Duvall stated she is not comfortable with this contract as it is too expensive, too open ended, and she doesn't like the Rural Land Use Center being separate from the Planning Department. Mr. Hass informed Commissioner Duvall that the contract has been changed so that Mr. Zdenek will report directly to Larry Timm, Director of Planning, rather than to the County Manager, and he also noted that there is a 5-day bail out of this contract; Commissioner Disney stated he shares her concerns. Several suggestions were discussed for other revisions to the contract, such as limiting the contract to three months or until the three 35-acre test cases are finished, having a meeting with Mr. Zdenek to set some boundaries, reducing the amount of the contract, etc.

M O T I O N

Commissioner Duvall moved that the Board of County Commissioners go into Executive Session at 11:20 a.m. to discuss this contract and Hensel Phelps contract negotiations.

Motion carried 3 - 0.

The Executive Session ended at 12:25 p.m.; no action taken.

THURSDAY, JULY 18, 1996

POLICY WORKSESSION

The Board of County Commissioners met at 9:30 a.m. with County Manager Frank Lancaster, for Policy Worksession. Chair Clarke presided; Commissioners Disney and Duvall were present. Also present were: Ralph Jacobs, Human Resources Director; Patsi Maroney, Compensation & Benefits Specialist; Larry Timm, Director of Planning; Ed Zdenek, 35-Acre Task Force Representative; and Jeannine Haag, Assistant County Attorney. Recording Clerk, S. Graves.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners go into Executive Session at 10:40 a.m. to discuss contract negotiations.

Motion carried 3 - 0.

The Executive Session ended at 11:15 a.m.; no action taken.

MEETING WITH REX BURNS REGARDING

DRY CREEK/WEST VINE

BIOLOGICAL AND ECOLOGICAL ASSESSMENT

(#62)

The Board of County Commissioner met in regular session with Rex Burns, Project Engineer. Chair ProTem Duvall presided; Commissioner Disney was present. Commissioner Clarke was attending another meeting. Also present was: Rex Smith, Public Works Director; Elaine Spencer, County Engineer; and Scott Cornell, Environment Site & Access Specialist. Recording Clerk, A. Jensen.

Mr. Cornell gave a summary of his activities with respect to Chapter 70. Discussion ensued regarding the scope of Chapter 70 and how it could affect current projects. Mr. recommended that Chapter 70 be adopted and then review possible standards to be included at a later time. Mr. Burns explained that they have taken this course of action, pursuing minimum requirements for roads, to accommodate emergency vehicles on county roads. The Commissioners instructed Mr. Cornell to compose a recommendation for the Commissioners to consider and discuss. The Commissioners also encouraged Mr. Cornell to explore reasonable regulations and incentives that address road esthetics.

The meeting continued with an in-depth discussion of biological and ecological assessments, their purpose and goals. Chair ProTem Duvall expressed concern with respect to the possible biological impact of changing the water flow of Dry Creek. Mr. Smith presented information explaining the watershed concept, to address Chair ProTem Duvall's concerns, which takes into consideration of the entire watershed when making decisions regarding specific waterways. Mr. Burns stated that the primary concern is to keep the soil and nutrients where they belong and not adversely affect the water quality. Mr. Burns also stated that the City of Fort Collins has done several projects using the watershed concept and has offered to take the Commissioners on a tour of those projects. The Commissioners expressed interest in taking such a tour. Discussion followed regarding an intergovernmental agreement to share a contractual employee with the City of Fort Collins and the potential job duties.

Discussion ensued regarding the Rural Land Use Center.

The meeting adjourned at 2:20 p.m.

________________________________________

JOHN CLARKE, CHAIR

BOARD OF COUNTY COMMISSIONERS

( S E A L )

ATTEST:

__________________________________________

Sherry E. Graves, Deputy County Clerk

___________________________________________

Aimee Jensen, Deputy County Clerk

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