Elk in Rocky Mountain National Park
 

PROCEEDINGS OF THE BOARD OF COUNTY COMMISSIONERS

MONDAY, SEPTEMBER 16, 1996

LAND USE PLANNING MEETING

(#87)

The Board of County Commissioners met 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: Richael Michels, Planner I, 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 of members of the audience.

1. GLACIER VIEW MEADOWS 9TH FILING - LOTS 70 & 71 AMENDED

PLAT (#96-SA0927): 25-09-72 - GLACIER VIEW MEADOWS, WEST OF

LIVERMORE; 5.3 ACRES; E-ESTATE ZONING

This is a request to consolidate two existing lots resulting in one building site and to vacate a utility easement along the common lot line. Staff findings include: 1) Glacier View Meadows Ninth Filing was approved in 1978; 2) The owner of two adjacent lots wishes to combine the lots and vacate the utility easement along the common lot line; approval will put the well and the dwelling on one lot and correct the encroachment of the well on an utility easement; 3) The County Health and Engineering Departments, and all utilities serving this area, reviewed the proposed Amended Plat and stated no objections. The staff recommendation is for approval of the Amended Plat of Lots 70 and 71 in Glacier View Meadows, Ninth Filing, and approval of the vacation of the utility easement located along the common lot line.

2. BALSAM LANE/NOKOMIS DRIVE STREET VACATION (#96-0S0928):

28-10-73 - RED FEATHER LAKES

This is a request to vacate a portion of Balsam Lane and Nokomis Drive that is not being used and to dedicate right-of-way for the existing roads. Staff findings are: 1) Hiawatha Heights was platted in 1925; 2) Many of the roads were not constructed in the right-of-way designated on the subdivision plat; this request will vacate unused right-of-way and dedicate right-of-way for the actual road location; 3) The County Health and Engineering Departments, and all utilities serving this area, reviewed the proposal and stated no objections.

The staff recommendation is for approval of the right-of-way for Balsam Lane and Nokomis Road and approval of the Amended Plat of Lot 10 and a portion of Lots 9, Block 25, Hiawatha Heights, with the condition that the applicant provides a written metes and bounds description of the right-of-way being vacated. This description must be prepared by a licensed surveyor.

M O T I O N

Commissioner Disney moved that the Board adopt the staff findings and staff recommendation and approve the Glacier View Meadows 9th Filing, Lots 70 & 71 Amended Plat (#96-SA0927) and the Balsam Lane/Nokomis Drive Street Vacation (#96-0S0928), as described above.

Motion carried 3 - 0.

3. GREENWALD MINOR RESIDENTIAL DEVELOPMENT APPEAL

(#96-EX0914): 11-07-68 - WEST SIDE OF COUNTY ROAD 3, 1/4 MILE

SOUTH OF COUNTY ROAD 48 (SOUTH OF LINDEN RIDGE

SUBDIVISION 1ST AND 2ND); 82 ACRES; 3 LOTS; FA-1 FARMING

ZONING

This is a request for an appeal of the Minor Residential Development criteria to allow a MRD application to be processed for 3 lots (instead of 2) on land divided since 1972. Ms. Michels provided the area analysis and project description and reviewed the major issues and concerns; she noted that the Greenwalds are requesting three lots instead of two so they can create a lot of less than 35 acres to give to their daughter and be able to build a new house for themselves on the farm property with proceeds derived from the sale of the original farmhouse, which would be sold with one of the newly created lots. 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 divided since 1972 and which create only two lots; 2) The property has been divided since 1972; 3) Approval of this appeal would set a precedent for further MRD appeals for more than 2 lots; 4) Denial of this appeal will not prevent the applicants from applying for a subdivision. The staff recommendation is for denial of the Greenwald Minor Residential Development Appeal.

Lou Kinzli, agent for the applicants, addressed the Board and stated that he has tried to buy this property for 10 years and he assured the Board that it is not the intent of the Greenwalds to further subdivide this property; he noted that in 1985 Mr. Greenwald was forced to sell part of the property because of foreclosure, but would have preferred to keep the farm intact. Mr. Kinzli continued that now the Greenwalds need funds to build a new home and they need to sell the original farm house to obtain those funds and they also want to give their daughter a 3-acre building site for a home. Sandy Greenwald stated that the most important thing to her is to have family close by and she said there is so much upkeep to the old place. Discussion and questions from the Board followed regarding access. Commissioner Disney stated he agrees with the staff recommendation because he doesn't see any clear benefit to the county to waive policy and also because of potential access problems and traffic impact on County Road 3. Chair Clarke stated that, in his opinion, adding these two lots will not impact the traffic on the road, he respects that the family wants to be close, and this seems like a reasonable request and unusual circumstances do exist to justify approval of the appeal. Commissioner Duvall stated that there is a benefit to the county in keeping this land in agriculture production, but she is concerned there isn't a master plan available for the whole area; she indicated she will vote to approve the appeal, with the clear understanding that this does not mean the MRD request will receive final approval, but just that the Board needs more information for final approval.

M O T I O N

Commissioner Duvall moved that the Board of County Commissioners approve the Greenwald Minor Residential Development Appeal (#96-EX0914), with the understanding that it would help keep agriculture land in production; at the same time, she wanted to make it clear that this approval of the appeal does not guarantee that the MRD will receive final approval because the Board needs to have additional traffic and access information to know the impact on the road, and she would like to see a Master Plan for the whole area for the future before final approval of the MRD is granted.

Motion carried 2 - 1; Commissioner Disney dissenting.

The meeting recessed at 3:30 p.m. to be continued at 7:00 p.m.

LAND USE PLANNING MEETING CONTINUED

(#87 @ 2400, #88 & #89)

The Board of County Commissioners reconvened at 7:00 p.m. in regular session with Larry Timm, Director of Planning. Chair Clarke presided and Commissioners Disney and 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.

Chair Clarke introduced staff and noted there will be time limits on speakers tonight and he requested the speakers not be redundant in their remarks; he noted that many letters and comments have been received from persons interested in this matter and they have been read by the Board.

1. TERRY COVE PLANNED UNIT DEVELOPMENT (TERRY SHORES

NORTH PUD) (#95-MS0688): NE 1/4 26-08-69 - NORTHEAST SHORE

OF TERRY LAKE, SOUTH SIDE OF COUNTY ROAD 54, 1/4 MILE WEST

OF HIGHWAY 1; 14.99 ACRES; 43 UNITS; R-RESIDENTIAL ZONING

This is a request for a PUD Master Plan/Preliminary Phase Plan for 18 single family residential lots and 25 townhouses; application includes development proposed as Terry Cove PUD (#95-MS0705). Mr. Helmick described the location, development intent and area analysis, and reviewed the major issues and concerns; he noted that the site includes one existing single family dwelling, to be demolished, and an existing 24-unit mobile home park, to be removed. Mr. Helmick noted that this site is located within the Fort Collins UGA and he stated that since concept technical review, the application has gone through several redesigns, has been reviewed twice by the UGA Board, and the applicant has been working with several organized neighborhood groups to mitigate their concerns of access, open space and recreation, and environmental issues. Mr. Helmick stated the applicant has submitted a packet of revisions to the Board representing a minor shift in the focus of the development which provides some additional open space between Lots 9 & 10 and further limits the building heights; he noted there has been a great deal of concern regarding the status and disposition of the mobile home park. Mr. Helmick stated that at the UGA Board meeting, there was an issue regarding the soils and ground water, and he noted that they have received a full soils and site assessment from the applicant's consultant; he continued that the applicant has revised the plan to correspond with referral comments from agencies during the review and since the last hearing. Staff findings include: 1) The development proposed is compatible with the surrounding neighborhood and the density is consistent with the zoning. Adjacent development is of a similar type to that proposed; 2) The UGA and Master Plan anticipate that this area will develop as proposed; the density and type of development are compatible with the plan designations; 3) The applicant has further revised the plan to correspond to referral comments provided from agencies contacted during the review and since the last hearing; 4) Water and sewer service are available and can accommodate this development. The impact on traffic and roads is minimal, but participation in the improvements at Douglas Road and Highway 1 will improve an intersection currently warranting improvement; 5) The revised plan minimizes the impact on adjacent land uses, by limiting through access and matching development types; 6) The wetland areas on site will be preserved as natural areas; any disturbance will require permits and mitigation; 7) The intent of the PUD regulations are met through the varied lot sizes, preservation of the natural areas, and the mixed character of the proposal.

The Urban Growth Area Review Board/Staff recommendation is for approval of the Terry Shores North PUD Preliminary Plan and Master Plan, and Off Site Street Waiver, subject to the following conditions: 1) Payment of road fees, as they may be modified by any agreement regarding Douglas Road and Highway 1, at building permit stage; 2) Payment of school fees at Final Plat, prior to recording; 3) Payment of park fees at building permit; 4) Payment of drainage fees at building permit; 5) Additional ROW along Douglas Road shall be dedicated on the Final Plat; 6) All structures shall require engineered footing and foundations; 7) Wetlands permits and/or mitigation as necessary, prior to Final Plat. A management plan for the wetlands, which shall address avoiding impacts during construction and the long term management; 8) Provide proof of 43 memberships in the Terry Lake Recreation Association prior to Final Plat; this shall also include the disclosure provisions and the required inclusion into the homeowners association documents and covenants regarding maintaining active memberships; 9) Prior to Board of County Commissioners hearing, revise PUD plan and plat to include larger recreation areas within property boundary; 10) Permission and/or executed agreements from the ditch company and TLRA for any improvements on lake front areas; 11) Internal roads to meet requirements of UGA standards and the Poudre Fire Authority; the connection to Terry Shores, Shore Road, to be approved by the Terry Shores HOA, County Engineering, and the Poudre Fire Authority; 12) Participation in the construction of Douglas Road/Highway 1 improvements, as determined; 13) The final drainage plan shall be approved prior to Final Plat; this shall include the provisions for both development perimeter drains and individual residential drains; 14) Implementation of the plan proposed by the applicant for the residents of the mobile home park; this includes the 12-month eviction notice and $700 relocation assistance for the 13 identified owners; 15) Proof of commitments for final water and sewer service to be provided prior to Final Plat; 16) Action by the City of Fort Collins on the off-site street improvement waiver, prior to Board of County Commissioners hearing; 17) Revise plan so that all structures are setback at least 125 feet from Douglas Road, prior to Board of County Commissioners hearing or approval of the requested variance to 110 feet by the BOA; 18) Submission of an annexation agreement for recording at the time of Final Plat; 19) Final approval from the Larimer and Weld Reservoir Company for any encroachments and subdrains prior to Final Plat; 20) Final landscape plan to be reviewed prior to Final Plat; 21) Construction plans for the lake area recreation site must be reviewed and approved as a part of any Final Plat application. Approval from the TRLA and the Reservoir company must accompany any Final Plat application; 22) Subject to revisions and commitments in the record made by the applicant; 23) The owner of the mobile home park will offer to the residents a year of no rent increase with a year signed lease.

Discussion and questions from the Board regarding certain conditions followed: Commissioner Disney noted that the conditions do not address road maintenance; Mr. Helmick stated that this is an oversight and a mechanism devised by the applicant for maintenance of the interior roads will be added as a condition. Commissioner Duvall had questions about the wetlands, the approval of a waiver off-site street improvements from the City of Fort Collins, and why the condition not allowing basements due to high ground water was eliminated by the UGA Board. Mr. Burns responded that the applicant has provided a report from Terracon Laboratories and they determined that the soils conditions can be addressed with proper foundation design; he continued that, in his opinion, he doesn't think the soils conditions will be a problem at the site, and he believes the foundations will be stable. Commissioner Duvall asked if the Division of Wildlife made comments on this proposal; Mr. Helmick noted that their comments were that this development will not significantly impact wildlife resources and they have no objections since Lots 1 & 2 have been pulled back from the wetland area, as they recommended. Commissioner Disney expressed concern about the long-term maintenance of the drainage system.

Lucia Liley, attorney representing Terry Cove Development, emphasized again that a number of issues have been raised in this process and the applicant has met or addressed those issues and that numerous modifications have been made from input received at neighborhood meetings. Ms. Liley referred to the packet of information submitted to the Board and the contents therein, which include: a visibility analysis executive summary, modified site plan, on-site open space modified plan, off-site recreation area calculations, additional conditions recommended by the neighborhood, traffic study data, letters from Colorado Geological Survey, Cherry Hills Sanitation District, East Larimer County Water District, Corp of Engineers, Western Ecological Resources, Terry Lake Recreation Association, etc. Ms. Liley summarized the three key changes made at the request of the neighborhood and homeowners associations: 1) To realign some of the lots in the single family area immediately adjacent to Terry Shores to create some view corridors in what are perceived to be key areas of the development from a neighborhood perspective; 2) To further significantly reduce height restrictions in what is perceived to be the key lots that neighbors perceive are affecting views from those lots to the lake; 3) To agree to reduce the number of units in the multi-family zoned area from 25 down to 16 and to change the type of residential unit from a multi-family townhome to 16 single family patio homes.

Craig Taggert, of EDAW, Inc., a national landscape architectural and environmental planning firm, noted he was contacted initially because of concerns of visibility and was asked to investigate the extent and nature of potential conflicts; after doing his site visits and study, he concluded that there are two homes within Terry Shores which have visibility to the lake and whose views would be blocked or obstructed by the proposed development and he noted that the Ghent property is the most affected. Mr. Taggert stated that a licensed surveyor was asked to go out and survey the site to establish the relationship of existing homes with proposed homes, lots, and building envelopes and this provided a basis for the architect to go back and try to identify whether they might be able to preserve or open up view corridors to the lake. Ms. Liley submitted a photo of the Ghent property showing that a wide view corridor has been established, and other photos showing other view corridors. Ms. Liley noted that, as requested by the neighbors, additional height restrictions have been suggested and agreed upon; in addition, they have agreed that in the multi-family zoned area there would be no common walls and a minimum of 5 ft. separation between every structure.

Matt Delich addressed the traffic issues and noted that the study he prepared for Terry Cove was done at a higher development level of 43 dwelling units and now the project is for 34 units. He stated that in Larimer County the acceptable level of service is level "D" or better and he calculated that the levels of service at all the intersections involved, and Highway 1 and Douglas Road, are currently at level "B" or better and at year 2000, with projected increases, it would deteriorate somewhat to level "C"; he noted that the Terry Cove development will add an additional 3% traffic. Mr. Delich stated that the intersection of Highway and U.S. 287 is going to be improved in the near future and will improve current conditions, and he noted that negotiations are currently underway to make improvements to the Douglas Road/Highway 1 intersection.

Ms. Liley discussed different views and perceptions about visibility and the waiver request for the off-site street fee and she noted that the intergovernmental agreement for the UGA area encourages infill development. She noted that the mobile home park has been a difficult issue and she stated that the statutory requirements for closure of a mobile home park is 6 months notice and they have offered 12. Commissioner Duvall noted that she was asked by one of the mobile home owners about a new gas line being put in and that cost being passed along to the mobile home owners. Ms. Liley said that the developer paid $10,000 for the installation of the gas line and this is a one time charge and will not be passed on to the mobile homeowners; she continued that the only cost they will have to pay is for the individual hookup from that system to their own mobile home park unit.

At this time the hearing was opened for public comment: Sheila Craycraft, a resident in Terry Cove Mobile Home Park, noted that there are two owners in the park that have double wides and they would like to know if they will receive two times the $700 being allowed for the relocation fee because it will cost twice as much to move their units; and in regard to the owners offering a years lease with no rent increase, she has a letter from Gene Fisher stating that if residents sign the lease and do not stay for the full year, they will forfeit the relocation assistance. Ms. Craycraft requested that the conditions for the relocation of this mobile home park be the same as they are for the Pioneer Mobile Home Park which are, if the rent and utilities are paid, and the lot is left clean, the residents receive $750 for relocation, and she stated that the residents should not be penalized if they leave early, as it is hard to relocate and when they find a place, they need to move at that time. Kelly Halverson stated that she works with the Bridge Project, which is a short-term project assisting Neighbor to Neighbor in doing relocation of families in Pioneer; she informed the Board that in addition to the $750 relocation fee, the Pioneer residents also received approximately $1500 from a CDBG grant fund for each family, if they met certain conditions. Ms. Halverson stated that relocation has been a long tedious process and it is unfair to tie these families to a one-year lease. At this time, Commissioner Disney announced that he received an E-Mail this afternoon that a $85,000 block grant has been received for relocation assistance for this project. David Budge, Consulting Earth Science Services, discussed his concerns regarding expansive soils and bedrocks, the shallow ground water table, poor sub-surface drainage, etc.; he cautioned that in order for these problems to be solved, they will have to be closely monitored. Carlton Babcock, attorney retained by a number of homeowners in Terry Shores and Terry Point to bring their concerns to the developer, stated that their concerns fell into these main categories: soils, wetlands, density, open space, building heights, architectural design, and construction quality; however, after negotiations with the developer, additional changes were made and conditions agreed to which laid to rest many of the concerns. Because of these changes, Mr. Babcock informed the Board that he will not present any organized opposition from the neighbors to this proposal as there has been a genuine movement by the developer to satisfy their concerns. Ingrid Simpson submitted a petition containing 255 signatures in opposition to this proposal; however, she noted that when the petition was signed, it was before any of these compromises had been reached, but she thinks that about 1/2 of the people on the petition still are not supporting the proposal. Ms. Simpson stated that the compromise is a step in the right direction; she noted that this is on the boundary of the UGA and will not be compatible with the rest of the area and she requested the Board to deny the proposal. Bill Elliott, President of Terry Lake Recreation Association, stated that the members of the association met and approved the membership of the 43 lots, now adjusted down, with several conditions which were sent to Ms. Liley and he noted that those conditions will be incorporated in the PUD; Ms. Liley stated that these conditions are in the packet submitted to the Board and the applicant has reviewed and agreed to them. Paul Serossi discussed the buffer zone between Lot 100 and the new development. Andrea Clark, environmental psychologist and a part of the group that worked on negotiations for this development, commended the efforts which have been made; however, she noted that the offer of the compromise was made last minute and not enough time to poll the people that signed the petition to see if they agreed to the compromise. Ms. Clark stated that it is possible to build on anything, but economics are a big factor here and they may not be able to afford it. Jim Van Gorder asked what is going to happen to the wetlands with all the perimeter drains on the houses. Rusty Collins, Executive Director Neighbor to Neighbor, informed the Board that in Larimer County there are approximately 10,000 people living in trailer parks and in the next 3 to 5 years, 3,000 of these people are at risk of becoming homeless or being relocated due to commercial development. Mr. Collins noted that they raised approximately $420,000 for the relocation of the residents in Pioneer and he recommended that the developer: 1) Offer relocation for every resident in the park, and 2) Set a date and condition that anybody living in the park on this date is eligible for relocation assistance. Mr. Collins stated that his purpose for being here tonight is to raise awareness that this is an issue for all the county and for the people in the future and he believes the new vanishing breed in Fort Collins will be those that live in trailer parks. Lucia Hadley expressed concern about some poor-quality construction in Terry Point, noting that there is a house that is crooked and she stated that if houses are going to be constructed on this site, we need to be sure that they are built straight.

Ms. Liley addressed several issues raised tonight: With regard to the mobile home park issue, she stated that $750 is agreeable to the developer and she noted that they went with the 12-month lease because at the UGARB meeting, this is what they thought the people wanted. With regard to having the same conditions for relocation assistance as Pioneer Mobile Home Park, Ms. Liley stated there is no problem meeting most of those conditions as reasonable conditions were always intended. In summary, Ms. Liley stated that the maximum building coverage of the patio homes will be 32,000 sq. ft., with 7 ft. between the structures, they are proposing all single-detached homes and adding only 9 units more than what is existing now, and the density will be at 2.6 dwelling units per acre. Again, she reiterated that two weeks ago, the developer received a list of conditions from the neighbors and one of their suggestions was to have 16-single family patio homes rather than the townhouses. Ms. Liley stated that what Mr. Budge said about the site and soils conditions is exactly what the Health and Engineering Departments said. Neil Sherrod, Senior Engineering Geologist with Terracon Consultants, informed the Board that the soil conditions at this site are not unusual for Larimer County and Fort Collins and he agreed they do require special engineering. Commissioner Duvall asked, if there is a concern about draining the area in order to avoid the problem of expansive soils, how do we protect the wetlands? Mr. Sherrod responded that the water from the drains will go into the wetlands and preserve them; Ms. Clark disagreed and stated that if this area is drained, it will keep water from the wetlands.

At this time the public comment portion of the hearing was closed and opened for Commissioner's comments: Commissioner Duvall asked legal counsel about liability if there is difficulty in following the requirement for rigorous engineering and, because of staff limitations, if we are unable to be certain that the rigorous engineering is carried out; Ms. Haag responded that the developer is liable as the county has governmental immunity for those kinds of matters. Commissioner Duvall stated that one concern she has is maintaining the quality of life in Fort Collins and, in reviewing the PUD regulations, Section 1.4A regarding environmental concerns, it states that "new development should either be located in areas free of natural hazards or be designed to mitigate the hazards"; she continued that the intention of all of their work with environmental protection and preserving a way of life is to determine if areas are logical for development or not. Commissioner Duvall submitted to her colleagues that this is an area that is not logical for development as it has extreme severe expansive soils, highwater table, drainage problems, and wetlands that the Board has made a commitment to preserve. Commissioner Duvall stated that another concern she has is the affordable housing situation and noted that the Board has a responsibility to the people that live there; also, she stated that there are many conditions that haven't been pinned down and she would support a motion to deny this proposal. Chair Clarke stated that referring to the conditions in Section 1.4A dealing with environment in which it states that new development should be located in areas that are free from natural hazards or be designed to mitigate those hazards, he stated that he has heard evidence and testimony tonight that the plans, as they are brought forth for each of these homes, will be considered on a case by case basis and these hazards will be mitigated through that process. Chair Clarke stated that he is impressed with what he has seen in terms of the compromise on this issue; he admitted there is a risk to build something on expansive soils, but the applicant is spending money to correct this problem. With regard to traffic improvements that are needed, Chair Clarke stated that this project will help those occur; in terms of relocation of the mobile home park residents, he is pleased with the $750 relocation fee and he thinks the applicant has done a great job. Commissioner Disney stated he agrees with Chair Clarke; his only concern is the drainage issue and he does not think this has been addressed adequately. Commissioner Disney continued that he is not opposed to higher density development because of increasing transportation problems caused by low density sprawl development and he noted that if the Board is going to deny a project, that denial has to be legally defensible; he noted that the developers have made a good faith effort to meet all the demands of the neighbors, with the exception of the wetlands which needs to be negotiated to make sure they aren't degraded by the drainage system, and he supports the proposal. More discussion followed regarding how can the Board be assured that the conditions are carried out; Mr. Burns suggested that a development agreement be drafted that addresses the conditions so that if there are problems, the county will have the ability to hold building permits until the problems are resolved.

M O T I O N

Commissioner Duvall moved that the Board of County Commissioners table the Terry Cove Planned Unit Development (Terry Shores North PUD) until October 7, 1996 to allow time for staff to draft additional conditions regarding the involvement of Colorado Geological Survey to review each lot for rigorous engineering and monitoring in terms of soils and drainage, a biologist/ecologist to help determine how to plan for the protection and monitoring of the wetlands, inclusion of the Pioneer Mobile Home Park conditions, and procedures to follow to form a general improvement district to cover road and drainage matters.

Motion carried 2 - 1; Chair Clarke dissenting.

The meeting adjourned at 10:30 p.m.

TUESDAY, SEPTEMBER 17, 1996

PUBLIC HEARING REGARDING RENEWAL OF CABLE

AGREEMENT FOR CABLE SYSTEMS, INC.

(No Tape - Equipment Failure)

The Board of County Commissioners met at 7:15 p.m. in Estes Park, Co. for a public hearing to commence cable agreement renewal proceedings for Cable Systems, Inc. Chair Clarke presided and Commissioner Disney was present; Commissioner Duvall was attending a meeting regarding TDR's with the Berthoud Town Board. Also present were: Tom Duchen, President River Oaks Communications Corporation; Russ Legg, Cable TV Coordinator; Paul Goza and Mike Filler of Cable Systems, Inc.; Dick Lyons, Attorney; and Jeannine Haag, Assistant County Attorney. Recording Clerk, S. Graves.

Chair Clarke introduced staff and the personnel in attendance representing Cable Systems, Inc. Mr. Duchen provided a brief overview of the cable renewal process; he noted that Cable Systems, Inc. has an agreement with the County and the expiration date of that agreement is October 1998. Mr. Duchen continued that notice was given to the County in a letter dated April 3, 1996 in which Cable Systems, Inc. requested that the County, pursuant to Federal requirements, commence public proceedings for the formal renewal process within six months of the date of the letter; he noted that the County is doing that this evening. Mr. Duchen stated that under Federal Statutes, the County is to review the past performance of the cable operator and conduct an assessment of the future needs and interests of the community and this is the first of those proceedings.

Mr. Filler stated that Cable Systems, Inc. would very much like to renew their cable franchise with the County; he reviewed their plans for the future, which are to begin a redesign of the system and it is their intent, barring any unforeseen financial disasters, to rebuild and upgrade the system next year.

No one was present tonight to discuss issues or give public comment; therefore, Mr. Legg requested the Board to adopt a resolution to commence the cable television renewal proceedings for Cable Systems, Inc.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve a resolution commencing cable television renewal proceedings pursuant to the Cable Communications Policy Act of 1984, the Cable Television Consumer Protection and Competition Act of 1992, and the Telecommunications Act of 1996, and authorize the Chair to sign same.

Motion carried 2 - 0.

R96-138g RESOLUTION COMMENCING CABLE TELEVISION RENEWAL

PROCEEDINGS PURSUANT TO THE CABLE COMMUNICATIONS

POLICY ACT OF 1984, THE CABLE TELEVISION CONSUMER

PROTECTION AND COMPETITION ACT OF 1992, AND THE

TELECOMMUNICATIONS ACT OF 1996

The hearing adjourned at 7:30 p.m.

WEDNESDAY, SEPTEMBER 18, 1996

ADMINISTRATIVE MATTERS

(#92 @ 500)

The Board of County Commissioners met at 9:00 a.m. in regular session with Neil Gluckman, Assistant County Manager. Chair Pro-Tem Duvall presided and Commissioner Disney was present; Chair Clarke was attending the Census 2000 Rollout Meeting in Denver. Also present were: Robert Thompson, Community Development Program Specialist; Ralph Jacobs, Director Human Resources; Sheriff Richard Shockley; Undersheriff John Kammerzell; Barbara Case-King, Sheriff's Department Legal Advisor; Larry Timm, Director of Planning; and Donna Hart, Community Information Manager. Recording Clerk, S. Graves.

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

2. PROCLAMATION - HOPE (HOMELESS ORGANIZATION FOR PUBLIC EDUCATION) WEEK - SEPTEMBER 22 - 29, 1996: Mr. Thompson requested the Board to proclaim the week of September 22 thru 29, 1996 as Hope Week and he invited the Board to take a walk with Hope on Sunday, September 22, 1996; he noted that Hope Week is an annual, state-wide event, celebrating its 4th anniversary.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners hereby proclaim the week of September 22 - 29, 1996 as Hope (Homeless Organization for Public Education) Week, and authorize the Chair Pro-Tem to sign the Proclamation.

Motion carried 2 - 0.

3. SALARIES OF PRINCIPAL APPOINTED DEPUTIES: Mr. Jacobs reminded the Board that some time ago he was asked to compare the salaries of the principal deputies of elected officials to the salaries of other classified and appointed county staff and to make recommendations for changes as necessary. Mr. Jacobs explained that the compensation problem that has arisen in departments supervised by elected officials who have only one appointed Chief Deputy originates in the use of the "salary pool" system to allocate salary resources for principal appointed deputies; he noted that in large departments the pools are larger but in smaller departments, like the Treasurer and Clerk and Recorder, there is only one appointed Chief Deputy, so the pool is smaller and there is no flexibility at all in establishing their salary. Mr. Jacobs noted that this has had a cumulative effect over the years and tends to lock the salaries of the principal appointed deputies in small departments down fairly low. Mr. Jacobs noted that he gave the Board a recommendation on the information he has provided; however, as some issues have arisen, he suggested the Board might want to consider the recommendation further before taking action. Commissioner Disney noted that there are some legal questions that need to be answered before the Board takes action on this matter.

M O T I O N

Commissioner Disney moved that the Board table the matter of the salaries of principal appointed deputies until the Board receives more information on this issue.

Motion carried 2 - 0.

4. CONSENT AND WAIVER FOR CHANGE FROM CLASSIFIED TO APPOINTED EMPLOYMENT: Mr. Jacobs noted that a year ago, Chief Building Official Brice Miller asked to become an appointed official and he noted that Larimer County Personnel Policy provides that he may make this request. Mr. Timm stated he supports the request because he understands that policy requires that whenever either the Chief Planner or Chief Building Official positions become vacant, they will automatically become appointed officials. Compensation for Mr. Miller was discussed; Commissioner Duvall stated she would like to tie the salary increase to a performance discussion. As Mr. Timm has his performance evaluation on October 17, 1996, the Board decided to withhold action regarding salary until after that time.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve changing the status of Brice Miller, Chief Building Official, from a classified position to an appointed position, effective September 16, 1996, with salary to be determined no later than October 31, 1996.

Motion carried 2 - 0.

5. COMMISSIONER'S BUSINESS: Chair Pro-Tem Duvall stated she wanted to introduce a new agenda item (Commissioner's Business) which she would like to have included on the agenda each week for Administrative Matters.

-- Discussion of Public Involvement in the Rural Land Use Center Review and TDR Program Development: Chair Pro-Tem Duvall stated that on August 26, 1996 she put together an analysis of her concerns regarding public policy in working with the 35-Acre Task Force, and review of the Rural Land Use Center (RLUC) and their work with transfer development rights; she noted that she has heard that members of the Task Force have met to discuss her analysis and she would like to know their response as she was told it was sent to the Board two weeks ago and she has not seen it. She stated that a meeting needs to be scheduled with staff to resolve this matter before public hearings regarding the RLUC commence; she continued that we need to know how are we going to handle the public input, who is going to be reviewing it, who is going to be working with it, and how do we work with it through the public process. Commissioner Disney suggested that a visual flow chart be prepared so each group will know what their role is.

-- Citizens Advisory Board for Facilities Proposal: Chair Pro-Tem Duvall stated that the Board needs to follow up on the concept proposed last week during Administrative Matters regarding an advisory board for the facilities proposal; she noted she would like to hear from County Attorney George Hass regarding the legal aspects of utilizing an unpaid citizens advisory group in relation to an issue on the ballot, have a press release sent out clarifying the Board's intentions, place an ad with all major media for applicants, and give all applications to Judge John David Sullivan to review and select the board members. Commissioner Disney stated that he would like to discuss this matter when all three Commissioners are present; Chair Pro-Tem Duvall concurred. The Board requested Mr. Gluckman to work with Mr. Lancaster and Ms. Hart to schedule this discussion, and it was suggested that County Attorney George Hass and Courthouse Project Coordinator Deni LaRue be included in the discussion.

-- Request from Commissioner Duvall: Chair Pro-Tem Duvall stated she wants to make it very clear that she does not ever want anything to go out with an electronic signature of her name unless it comes directly from her; she wants to personally review and sign, or give authorization of her signature, everything that is released.

6. WORKSESSION:

-- External Plan - Next Step: Mr. Gluckman submitted and reviewed the five vision statements as drafted by the participants at the Summit Conference in May. Mr. Gluckman stated they are currently working on statements #2 through #5 and he indicated the departments which will have responsibility for each of the vision statements; he noted that the Commissioner's Office will take responsibility for vision statement #1 - the delivery of services and the issue of public trust. He proposed using focus groups how to get more data on the delivery of services and public trust. Mr. Gluckman stated he would like the focus groups to be comprised of a cross-section of citizens that reflect a diversity of individuals and opinions and community leaders from the Partnership Summit, have round table discussions that would be televised, and have surveys in newspapers, Internet, and retail outlets to get a real cross section of data. Mr. Gluckman requested authorization from the Board to proceed and then he will write a letter to send to the Summit Partnerships. Discussion followed; CONSENSUS OF THE BOARD was for Mr. Gluckman to proceed as outlined, but to clarify to the departments that the five vision statements, as presented, are a draft and note where they came from and what the expectations are regarding what they are going to do with them.

-- GOCO Letter: Mr. Gluckman stated that the Board has received a request from the Carrie Martin Elementary School to send a letter of support to GOCO as they are putting in a sprinkler system, playground, couple of ballfields, running track, etc.; he stated that the school composed the letter of support for the Board to sign. Commissioner Disney asked if Parks Director John MacFarlane had seen the letter; Chair Pro-Tem Duvall agreed it was a good idea for Mr. MacFarlane to review the request first.

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

At this time, Assistant County Attorney Jeannine Haag joined the meeting for Legal Matters.

7. LEGAL MATTERS:

Ms. Haag requested Board approval and the Chair Pro-Tem's signature on three Quit-Claim Deeds and a Contract Amendment.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve a Contract Amendment and three Quit-Claim Deeds and closing documents for the sale of Lots 1, 4, 6, & Lots 2, 3, and Lot 56 in Glacier View Meadows Subdivision, 12th Filing, and authorize the Chair to sign same.

Motion carried 2 - 0.

A96-126 AGREEMENT TO AMEND/EXTEND CONTRACT BETWEEN

THE BOARD OF COUNTY COMMISSIONERS AND ELLIE J. AND

KAREN L. JOHNSON (Legal description changed to include purchase

of Lot 6 with Lots 1 and 4, Glacier View Meadows 12th Filing)

D96-30 QUIT-CLAIM DEED TO ELLIE J. AND KAREN L. JOHNSON

FOR LOTS 1, 4, & 6 IN GLACIER VIEW SUBDIVISION,

12TH FILING

D96-31 QUIT-CLAIM DEED TO DANIEL T. AND SUSAN E. MANSON

FOR LOTS 2 & 3 IN GLACIER VIEW MEADOWS SUBDIVISION,

12TH FILING

D96-32 QUIT-CLAIM DEED TO ELLIE J. AND KAREN L. JOHNSON, AND

DANIEL T. AND SUSAN L. MANSON FOR LOT 56 IN GLACIER

VIEW MEADOWS SUBDIVISION, 12TH FILING

8. DOCUMENT REVIEW:

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the Minutes for the week of September 9, 1996, as submitted and amended.

Motion carried 2 - 0.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the Schedule for the week of September 23, 1996, as submitted and amended.

Motion carried 2 - 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 September 18, 1996:

LIQUOR LICENSES: Licenses were issued for the Dunraven Inn - 6% - Estes Park, CO. and the Charco Broiler - 6% WITH EXTENDED HOURS - Fort Collins, CO.

R96-139s FINDINGS AND RESOLUTION APPROVING A STREET NAME

IN GLACIER VIEW MEADOWS

R96-140s FINDINGS AND RESOLUTION APPROVING THE VACATION OF

A PORTION OF UTILITY EASEMENT IN DELLWOOD HEIGHTS

SUBDIVISION

R96-141s FINDINGS AND RESOLUTION APPROVING THE CANAL DRIVE

WAREHOUSE CONDOMINIUMS

R96-142s FINDINGS AND RESOLUTION APPROVING THE REQUEST TO

AMEND A PLAT NOTE ON THE HIGH COUNTRY ESTATES

PLANNED UNIT DEVELOPMENT FINAL PLAT

R96-143s FINDINGS AND RESOLUTION GRANTING AN EXEMPTION

FOR A DIVISION OF LAND FROM THE DEFINITION OF THE

TERMS "SUBDIVISION" AND "SUBDIVIDED LAND" FOR A

PORTION OF LOT 8 IN THE HIGHLAND PLACE SUBDIVISION

R96-144s FINDINGS AND RESOLUTION APPROVING THE GRAEBE

MINOR RESIDENTIAL DEVELOPMENT APPEAL

R96-145s FINDINGS AND RESOLUTION APPROVING THE EXTENSION

OF PRELIMINARY PLAT APPROVAL OF FLOYD HICKS

SUBDIVISION

Motion carried 2 - 0.

The meeting adjourned at 10:40 a.m.

______________________________________

JOHN CLARKE, CHAIR

BOARD OF COUNTY COMMISSIONERS

( S E A L )

ATTEST:

___________________________________

Sherry E. Graves, Deputy County Clerk

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