Elk in Rocky Mountain National Park
 

PROCEEDINGS OF THE BOARD OF COUNTY COMMISSIONERS

MONDAY, FEBRUARY 3, 1997

LAND-USE PLANNING MEETING

(#142)

The Board of County Commissioners met at 3:00 p.m. in regular session with Larry Timm, Director of Planning. Chair Disney presided and Commissioners Clarke and Olson were present. Also present were: Al Kadera, Subdivision Administrator; Lonnie Sheldon, Project Engineer; and Jeannine Haag, Assistant County Attorney. Recording Clerk, S. Graves.

CONSENT ITEM:

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

  1. SAND CREEK PARK STREET NAME CHANGE (#96-0S0983):

11-11-75 - SEVERAL SQUARE MILES ON BOTH SIDE OF COUNTY

ROAD 89, IN THE NORTHWEST CORNER OF THE COUNTY

This is a request to name several unnamed roads. Staff findings include: 1) Sand Creek Park is a large area northwest of Eaton Reservoir, which has been divided into 35-acre parcels; 2) There are 38 roads in this area which provide access to the 35-acre lots; none of the roads have been named; 3) Naming roads will allow an address to be issued for each lot when a dwelling is placed there; addressing the lots will facilitate emergency and utility services as this area continues to develop; 4) None of the proposed road names are a duplication of any known road name in this area. The staff recommendation is for approval of the road names, as listed as follows, for the roads in the Sand Creek Park area: Albany Circle, Antelope Ridge, Bridge Road, Buckrail, Buffalo Run, Camel Rock Road, Canyon Way, Coyote Crossing, Dewclaw, Drifter Drive, Ferret Circle, Forb, Forest Service Circle, Forest Way, Ground Squirrel, Hidden Meadows Lane, Honeymoon Ridge, Laramie Overlook Road, Mountain Ridge Road, Mushroom Rock Road, Muskrat Road, Northway Lane, Owl Spring Lane, Picnic Pass, Plano Road, Polecat, Quakey Way, Ridge Rock Lane, Ringtail, Running Water Ranch Road, Sand Creek Overlook, Summit View Way, Thirty-Six Lane, Trails North, Wapati Way, Wilderness Ranch Road, Windy Ridge, and Wyoming Flats.

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners adopt the staff findings and staff recommendation and approve the Sand Creek Park Street Name Changes #96-0S0983), as listed above.

Motion carried 3-0.

  1. DRAGER PARK SUBDIVISION RIGHT-OF-WAY VACATION

(#93-SA0366): 29-08-69 - EAST OF OVERLAND TRAIL, ¼ MILE

NORTH OF THE INTERSECTION OF OVERLAND TRAIL AND

COUNTY ROAD 54G; 3.07 ACRES; O-OPEN ZONING

This is a request to vacate all of Sunrise Drive, as shown on the Amended Plat of Drager Park Subdivision. Mr. Kadera discussed the events preceding today's request, described the location of the street in question, and reviewed the major concerns and issues; he noted that the applicant for this request is Larimer County and the purpose of the request is to resolve a conflict in the public record as the amended plat was recorded with the vacation of right-of-way, but the resolution adopted states that Sunrise Drive was not vacated. Staff findings are: 1) Drager Park Subdivision was platted in 1961; the streets were dedicated for public use, with the exception of Sunrise Drive which was not dedicated all the way to the east line of the subdivision. The east 120 feet of Sunrise Drive was reserved for a future street; 2) A request to vacate the east 250 feet of Sunrise Drive was submitted in 1994 and staff recommended against the vacation because we thought the vacation would leave property east of Drager Park without publicly dedicated access; that access did not exist at that time; 3) Vacating part of Sunrise Drive, and reserving it for a future street, will not change the current situation. If the property east of Drager Park develops, the developer will need to negotiate with the property owners adjacent to the reserved right-of-way to acquire a dedicated street; another access to this area is available from the south by extending County Road 21 north from Kintzley PUD.

The staff recommendation is to approve the vacation of Sunrise Drive in the Amended Plat of part of Blocks 2 and 5 and all of Block 6, Drager Park Subdivision, with the condition that a 54-foot right-of-way be reserved for a future street, as shown on the Amended Plat.

Dan Dean, attorney representing the current property owners Elizabeth Anna and Joseph Gloegglar, stated that they purchased a lot in Sunrise Subdivision, applied for a building permit, and built a home based on the belief that Sunrise Drive had been vacated, as shown on the recorded plat in 1993; he noted that failure to vacate Sunrise Drive would make their home located improperly relative to the setback off of a dedicated roadway. Mr. Dean requested the Board support the staff recommendation and complete the vacation of Sunrise Drive, as proposed in the original plat and recorded.

Mary Martin, the original property owner, stated that it would not be in the interest of the common good to vacate the dedicated right-of-way on this road because there will no longer be access to the property.

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners table the Drager Park Subdivision Right-of-Way Vacation (#93-SA0366) until February 24, 1997, to allow time for the property owners and staff to work together to resolve this situation and make sure there is access to Lot A.

Motion carried 3-0.

The meeting recessed at 3:20 p.m.

PUBLIC HEARING FOR GRAYHAWK KNOLLS P.U.D.

(#142, #143 & #144)

The Board of County Commissioners reconvened at 7:00 p.m. in regular session with Larry Timm, Director of Planning. Chair Disney presided; Commissioners Clarke and Olson were present. Also present were: Rob Helmick, Senior Planner; Doug Ryan, Environmental Health Planner; Lonnie Sheldon, Project Engineer; and Jeannine Haag, Assistant County Attorney. Recording Clerk, S. Graves.

1. GRAYHAWK KNOLLS PLANNED UNIT DEVELOPMENT (#95-MS0806):

W 1/2 25-09-69; E 1/2 26-09-69 - AT THE SOUTHWEST CORNER OF THE

INTERSECTION OF COUNTY ROAD 15 AND 66, THE PROPERTY IS

WEST OF COUNTY ROAD 15 AND BETWEEN COUNTY ROAD 64

(EXTENDED) AND COUNTY ROAD 66; 411 ACRES; 25 LOTS;

O-OPEN ZONING

This is a request to create 25 lots ranging in size from 2.5 to 4.1 acres for single family residential use and 281 acres of private open space on a 411 acre parcel. Mr. Helmick described the proposal and location and reviewed the major concerns and issues; he noted that the site plan presented was revised after the Planning Commission hearing and he reviewed the principal changes made to the site plan. Mr. Helmick stated that the applicant is proposing a gross density within the development of 14 acres per unit; he noted that staff is concerned with some of the narrow necks and islands of open space, as they become difficult to maintain and become a source of disputes regarding trespassing. Mr. Helmick submitted several additional pieces of correspondence recently received regarding this issue; he informed the Board that the Planning Commission reviewed this proposal on August 21, 1996 and recommended approval, with one addition to the conditions. Staff findings include: 1) The proposed PUD is compatible with the surrounding area; the gross density is consistent with the neighborhood. The inclusion of livestock, i.e., horses allows for uses which are consistent with the neighborhood. The extensive setbacks and buffering from adjoining agricultural uses serves to minimize possible conflicts with uses; 2) The Land Use Plan indicates that this area is Rural; this indicates the area should be for the protection of agriculture and other low intensity uses, which may conflict with subdivisions. Uses should be related to agriculture or to uses requiring large land areas. The property is zoned O-Open, which would allow for 10 acre lots in a subdivision. The setbacks, buffering and large undeveloped areas will allow for separation of the agricultural and residential uses; 3) No review agency has identified a conflict with the proposal; 4) The application complies with all technical requirements, with the exception of water supply. The questions which exist regarding water supply can be resolved through further assessment of the system; 5) The review has not revealed any unexpected impact on service agencies and their ability to serve; 6) The impact of additional traffic on County Road 15 is not expected to create any safety hazards; 7) With the inclusion of a building height limitation, and the proposed building envelopes, the plan responds to the topography of the site; 8) The PUD on this property can be expected to have an impact on the surrounding area; however, the significant setbacks proposed should not adversely impact adjoining land uses; 9) The natural features of the site have been selected for the undeveloped areas of the site; 10) The use of a PUD on this site is consistent with the intent and purpose of the PUD regulations. A waiver to the regulations is necessary to allow a PUD in the O-Open zone, but the alternative of a subdivision on this site is not desirable.

Questions and discussion from the Board ensued regarding a concern about the sufficiency of the water supply to this site; Mr. Ryan indicated that since the Planning Commission meeting, the applicant has indicated building envelopes on Lots 1 through 11 in order to move them closer to the road and keep them away from the ridgeline. Mr. Ryan noted, however, that this raises the issue concerning location of septic systems and he did recommend adding a condition that the County require a conceptual plan and outline which would show where the house and primary and backup septic system would be placed. As referred to earlier in the hearing, Commissioner Clarke was asked to explain to the audience the "Code of the West", a document written as a guideline to help people who move from urban living conditions into rural living conditions.

John Barnett, appearing on behalf of the property owners, introduced the members of the project team that prepared the site plan and described the exhibits on display; he reviewed the history of this site from 1850 and noted that the property is currently leased for grazing. Mr. Barnett reviewed the different options considered for this site and he described the revised site plan, which includes clustering and a substantial open space buffer throughout the area; he noted that they have shifted several lots and increased the distance from the closest point of Douglas Reservoir to 650 ft. Mr. Barnett stated that in working with the neighbors, a stock water easement has been proposed for two of the ranchers in the area to continue to water their cattle from the reservoir. Mr. Barnett noted that after listening to the neighbor's concerns, revisions were made to the plan; he noted that the open space easements are intended to be in perpetuity. Mr. Barnett stated that if a subdivision was planned for this site, more lots would be proposed, the amount of open space would be much less, and there would be less flexibility; he stated that the applicant has agreed to supply a water pressure analysis and testing, as suggested by staff, and they have a commitment from the Northern Colorado Water Association to provide water service to them, provided they pay for the extensions and upgrades. Mr. Barnett stated that there are adequate water rights in Geist Reservoir to irrigate the landscape buffer. In conclusion, Mr. Barnett stated that the plan is adequately landscaped and buffered, there are height restrictions on the units, there are building envelopes proposed on all the units, there will be architectural control in the covenants, the plan is consistent with other development in the area, the large setbacks mitigate the intensity of development, the plan will not result in undo traffic congestion, will not create undesirable effects on nearby development, will not create significant water, air or noise pollution, will not create fire hazards, will not result in detrimental conditions due to slope, inadequate drainage, or unstable soils, will not adversely affect significant historic, recreation or aesthetic values, and he noted that the applicant has no problem with the recommendation of the Health Department for conceptual site plans for each of the building envelopes. Mr. Barnett stated that the applicant concurs with the conditions as proposed. Commissioner Clarke asked what kind of maintenance agreement will be in place so the open space areas between properties won't fill in with weeds; Mr. Barnett responded that the homeowners association will have a maintenance plan and be responsible for maintenance of the open space close to the lots, and they anticipate that a large part of the open space will continue to be grazed by Mr. Strattan's cattle. Chair Disney expressed concern that an association of only 25 homeowners will be small and not have an abundance of money for maintenance; much discussion followed regarding narrowing the neck of open land between the homes. Commissioner Clarke suggested bringing the lot lines back so they adjoin each other and then provide an access easement across the neighboring properties; Mr. Barnett responded that this could be done and will be considered. The Board discussed the conditions in detail and suggested revisions and additions; Mr. Helmick stated that staff was trying to respond to the Board's previous concern about long lists of conditions and not reiterating a number of conditions to which the applicant had committed.

At this time, the hearing was opened for public comment; the following persons addressed the Board with their concerns: Mike Fox, Maura Green, Terry Acker Williams, Steve Sarno, Tom Horn, Earl Harper, Ginger Montgomery, Nancy Martin, Dave Zander, and Mike Martin. Mr. Fox stated that he agrees with the general concept of clustering and open space and he recommended that the principles of the Rural Land Use Process (RLUP) be considered in this plan; he asked the Board to seriously consider reducing the number of units to 15 to 18 and he thinks the lots are too small and are inconsistent with adjacent lot sizes. Mr. Fox also stated that he is concerned about the lighting from the large yard lights and he recommended some restrictions be placed on them or they not be allowed. Maura Green discussed the attributes of Douglas Reservoir; she noted that it is a wetland that supports 100's of shore birds and is a hidden jewel because it has been closed to mankind for 30 years and only opened 2 years ago for fishing. Ms. Green stated that the three ponds referred to in the plan don't exist and this subdivision is being built on top of a thriving wetland and she has been told by members of the wildlife division that if this subdivision is approved, the wildlife will disappear; she stated that this PUD hasn't gone through the proper channels. Ms. Green is concerned that if this plan is approved, it will set a precedent for low standards and it will undermine the objectives of the RLUP; she stated that several experts on wildlife have told her that the Great Blue Heron is in a threatened status of threatened and endangered species. Chair Disney referred to the letter from James Dennis, Wildlife Biologist for the Colorado Division of Wildlife (DOW), stating that he knows of no heronries in the immediate vicinity of Grayhawk Knolls and that the herons in the neighboring properties are far enough removed that this development should have no disturbing effect on these colonies. Ms. Williams, 13-year Waverly resident, stated that they are on metered water and it will be very costly to water the greenbelt, which is in a semi-arid area; she is also concerned about fire protection, the lack of water pressure, and the density of 25 lots proposed for this site. Ms. Williams stated that Waverly is the last frontier of rural and open space in the Fort Collins area and she requested the Board visit this site; she recommended that funds from the Open Space Tax Funds be used to buy this open land and keep it safe from development. Ms. Williams cautioned the Board that they are voting on the future of Waverly. Mr. Sarno addressed the water pressure issue and expressed concern regarding what will happen to their current pressure; he noted that he is a member of the volunteer Wellington Fire Department and he is concerned about the increased growth and fire safety. Mr. Sarno stated that he sent a letter to K-Lynn Cameron, Open Lands Manager, and Commissioner Duvall to ask if this land could be a candidate for the Open Space Program and he hasn't received a response and he asked if it is too late for this site to be a candidate; he also noted that there is a problem with notification as many people that live around him never were notified about this development. Mr. Sarno also stated that CR 15 needs improvements right now, even without this development, and he invited the Board to take a ride with him on this road. Mr. Horn addressed the traffic and inadequacy of the roads; he also noted that there is a Great Heron Rookery here and it is ludicrous that the DOW would assess the site in January since they are a migratory bird. Mr. Harper asked about the procedure to be followed from here, and he agrees that the road is in very poor condition; he noted concern with regard to the over population of the schools and he asked who will enforce the condition that no motor bikes will be allowed on the trails. Ms. Montgomery, teacher in Wellington, asked that the Board look at the global picture and that they control where growth occurs; she said that the people moving in should not be deceived and she asked about the rights of the people that live in the area now. Ms. Montgomery stated that they have had a tremendous increase in the schools and these children are not receiving the education they deserve - the school capacity is 568 and they are now at 551. Ms. Martin discussed issues involving the agriculture community that this subdivision is invading; she read from an article written by Mayor of Fort Collins Ann Azari regarding the efforts being made through joint planning efforts of Larimer and Weld Counties to be distinguished from the rest of the Front Range. Ms. Martin also noted that Commissioner Clarke recently said …"It is vitally important to save open space in Larimer County for agriculture, scenery, and wildlife habitat…"; she continued that the soil in this area is fragile and she stated that this development is completely out of line with the agriculture community it surrounds . Mr. Zander stated he moved to this area 5 years ago to get away from the houses and now there are 4 within a 5 mile radius and it has had an impact on his property and he doesn't want to lose his lifestyle. Mr. Martin, a farmer, stated that he is slowly becoming marginalized by growth pressures and he thinks 25 homes on this site is too many and there is both a heritage and an economic value to agriculture and to permit rampant development in a discontinuous fashion with the rest of Fort Collins is inappropriate; he also agreed that the road is very dangerous.

In response to comments made from the concerned citizens, Mr. Barnett stated that the DOW is going to open Douglas Reservoir and this action will have an impact on the wildlife; he noted that this project has gone through a very rigorous process of review and he stated that gates will be allowed in the immediate backyards of all the lots, but no gates on the fence between this project and ditch because that is the boundary. Mr. Barnett stated that the ponds are shown because they are intermittent water bodies; with regard to the expense of watering the greenbelt, he noted that it will be watered with water rights currently held and decreed from Geist Reservoir to the applicant. Mr. Barnett stated that the traffic study did not say that the road was in perfect condition, it said that the impact of this project does not warrant improvements to this road; he noted that this project is paying its fair share into the county's capital road funds, as set forth by the County, and this development alone should not be held responsible for the necessary road improvements. Mr. Barnett concurred that the issue of overpopulation in the schools is a hard growth-management issue.

At this time the public comment portion of the hearing was closed and opened for Commissioner's remarks: Commissioner Clarke stated that he wished this land could stay open however, he noted that if this proposal came in through the RLUC, the density would be within just a few units from this one; he commented on the issues raised tonight and he stated that, in his opinion, this is a good plan and makes sense and he is going to support it. Chair Disney questioned again the concern about what this development will do to the water pressure for the existing development; Mr. Ryan responded that it is difficult to determine the offsite impacts, but Plan Condition #3 states that the pressure and delivery rate of the water system should meet our current standards and the current homeowners should be satisfied with the water pressure. Mr. Ryan also suggested an addition to this condition #3 under Plan Conditions. Chair Disney asked if this proposal was sent to the Poudre R1 School District for comment; Mr. Helmick responded in the affirmative, but he noted that in his two years with the County, they have never responded to any proposal sent to them. Additional questions were asked about the volume of traffic on CR 15; Mr. Sheldon responded that this development, in addition to the $1,484 required per lot, is dedicating 50 ft. of a half-width right-of-way for an eventual upgrade of this road. Mr. Sheldon noted for the record that the County stands behind Matt Delich's work as a professional traffic engineer.

After much discussion and deliberation throughout the hearing, the Plan Conditions and Plan Revisions for the Planning Commission/Staff recommendation of approval of the Preliminary Plan and Master Plan for the Grayhawk Knolls PUD, and approval of a waiver to the PUD standards allowing a PUD in the O-Open zoning district, were amended as follows: Standard Conditions: 1) The current Parks fee shall be paid at the time of building permit; 2) The current School fee shall be paid at the time of building permit; 3) The Road fee of $1,484.00 per lot shall be paid at the time of building permit; 4) All structures shall require engineered footings and foundations; 5) Passive testing for radon shall be conducted prior to the issuance of a Certificate of Occupancy; 6) Final road, drainage and erosion control plans are required at final plat; 7) Final landscape plans are required prior to final plat; 8) The applicant shall comply with the representations and commitments of record both in the hearing and file. Plan Conditions: 1) All structure design shall incorporate positive drainage away from all foundations; 2) Residential fire sprinklers shall be required in all residential structures; 3) Water system pressure must be shown to meet the minimum standards; post installation system testing to confirm water pressure is required. Engineering analysis of system pressure is required prior to final plat approval; the water supply must be adequate to protect the pressure and water supply of existing property owners. The Northern Colorado Water Association must approve engineering plans and operation and maintenance of the water distribution system; if maintenance is to be provided by a homeowner's association, they must provide adequate resources and funding, as approved by the County; 4) An easement or other notation on the plat for the Poudre Valley Canal; 5) The ditch shall be fenced, plans shall be coordinated with the ditch company; 6) Individual sanitation systems shall comply with the requirements of the Health Department as detailed in their July 2, 1996 memo; 7) A horse and pasture management plan must be approved by staff prior to final plat; the plan must comply with the recommendations of the Health Department; 8) An open space management plan must be prepared and approved by staff prior to final plat; the plan shall address use, livestock, access, vegetation management, vegetation control and include a management plan for the prairie dogs; 9) Staff approval regarding light and noise issues prior to approval by the Board of County Commissioners; 10) The applicant and the Windsor Reservoir and Canal Company must provide evidence to the county staff of agreement and resolution of the issues identified by the Company, in the letters dated January 10 and 13 from the Company's counsel, prior to submitting a Final Plat. Plan Revisions: 1) The open areas between lots 18-22 and 12-15 shall be eliminated. The plan shall require building envelopes on lots 1-11, specifically designed to minimize the impact of structures on the ridge line; 2) As requested by the Parks Department, the applicant shall negotiate with the Larimer County Open Lands Board to provide a trail easement for a public non-motorized trail on the site; 3) The open space easements will be in perpetuity; 4) Concept plans which identify specific siting of the septic systems (initial and replacement) on those lots within the building envelopes will be required; 5) An easement for livestock to use the water in the Geist Reservoir will be required; 6) The revised plan submitted at the hearing that increases the distance from the reservoir is to be followed; 7) The standard note regarding agricultural uses in the area must be included on the plat; 8) Each purchaser of property is to be provided with a copy of the "Code of the West" and receipt of the Code signed for by each purchaser; 9) County must approve both the recipient and terms for any conservation easements; 10) Landscape plans must include information and guarantees on the viability and maintenance of all plantings; 11) Covenants require road maintenance by the homeowner's association; 12) Fencing on the west side of the properties on the back of the lots and along the ditch will be required.

M O T I O N

Commissioner Clarke moved that the Board adopt the staff findings and Planning Commission/Staff recommendation and approve the Grayhawk Knolls Planned Unit Development (#95-MS0806), with the Standard and Plan Conditions and Plan Revisions as revised, amended, and outlined above.

Motion carried 3 - 0.

The hearing adjourned at 10:20 p.m.

TUESDAY, FEBRUARY 4, 1997

ADMINISTRATIVE MATTERS

(#145)

The Board of County Commissioners met at 9:00 a.m. in regular session with Frank Lancaster, County Manager. Chair Pro-Tem Olson presided and Commissioner Clarke was present. Also present were: Larry Timm, Director of Planning; Barbara Coe, Regional Planning Coordinator; and Donna Hart, Commissioner's Office Staff Services Manager. Recording Clerk, S. Graves.

1. OPEN SESSION FOR PUBLIC COMMENT:

Tom Bender, Farm Bureau representative, asked the Board about the process to be followed to fill the two vacancies on the Environmental Advisory Board; Commissioner Clarke stated that they still have applications from before and the Board will conduct interviews and make these appointments soon. Mr. Lancaster was requested to proceed with scheduling these interviews. Mr. Bender reminded the Board of the luncheon to be held on February 20, 1997 with farmers and ranchers; Chair Pro-Tem Olson indicated that she plans to attend. Mr. Bender read a statement from the "Code of the West" which he does not think is correct ..."Even though you pay property taxes to the County, the amount of tax collected does not cover the cost of the services provided to rural residents..."; Commissioner Clarke disagreed. Discussion of their disagreement followed. Mr. Bender informed the Board about the Farm Bureau's Farmlink Program, which deals with growth and protecting agriculture. Mr. Bender discussed Senate Bill 23, which deals with reduction of state income tax and elimination of estate taxes on farms and ranches; he requested the Commissioner's support to get this legislation through the Legislature.

Jack Swets, Timnath resident opposed to Project #203 for replacement of the bridge over the Cache La Poudre River and intersection reconstruction, extended a personal invitation to the Commissioners, signed by a number of Timnath residents, to attend a meeting in Timnath on February 6, 1997 at 7 p.m. to discuss this road project; Commissioners Clarke and Olson indicated they plan to attend. To show the Commissioners how important this is to the community, Mr. Swets also submitted a copy of last Sunday's church bulletin listing the meeting in the calendar of events and a copy of the church newsletter with a reprint of the notice about the meeting. Commissioner Clarke informed Mr. Swets that he met with Jenny McGraw, Mayor of Timnath, last week to work at an intergovernmental level on this project and they devised some alternatives to resolve some of the concerns. Commissioner Clarke stated that he offered to walk away from the project on the condition that Timnath annex this area, except for the bridge; Ms. McGraw indicated that they don't want to do this.

At this time, Chair Disney joined the meeting.

2. APPROVAL OF MINUTES FOR WEEK OF JANUARY 27, 1997:

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners approve the Minutes for the week of January 27, 1997, as submitted.

Motion carried 3 - 0.

3. APPROVAL OF SCHEDULE FOR WEEK OF FEBRUARY 10, 1997:

M O T I O N

Commissioner Olson moved that the Board of County Commissioners approve the Schedule for the week February 10, 1997, as submitted and revised.

Motion carried 3 - 0.

4. APPROVAL OF CONSENT AGENDA:

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners approve the following documents as listed on the Consent Agenda on Document Review for February 4, 1997:

-- Adoption of an Emergency Operations Plan:

-- Resolution - Annual Cancellation of State Warrants:

R97-12g RESOLUTION PROVIDING FOR THE CANCELLATION OF STALE

LARIMER COUNTY WARRANTS

-- Revised Snow and Ice Removal Policy:

P97-02 REVISED SNOW AND ICE REMOVAL POLICY FOR THE LARIMER

COUNTY ROAD AND BRIDGE DEPARTMENT

-- Letter of Support for GOCO Open Lands Grant:

-- Documents:

MISCELLANEOUS DOCUMENTS: Meadowdale Hills Amended Plat for Lots 57 & 59; Reduction of Letter of Credit for Berthoud Lake Ranchettes; Annual Certification of Larimer County Road Mileage to the Colorado Department of Transportation; Fourth Quarter Report for 1996 and the 1996 Annual Report; Colorado Division of Wildlife Impact Assistance Grant Application. LIQUOR LICENSES: County approval was granted to Classic Catering - 6% - Fort Collins, CO.

A97-21 CHILD SUPPORT ENFORCEMENT COOPERATIVE

REIMBURSEMENTAGREEMENT BETWEEN THE BOARD OF

COUNTY COMMISSIONERS LARIMER COUNTY DEPARTMENT

OF SOCIAL SERVICES, AND GEORGE HASS,

LARIMER COUNTY ATTORNEY

A97-22 LEGAL SERVICES AGREEMENT BETWEEN GEORGE HASS OF

HARDEN, SCHMIDT, HASS, HAAG, AND HALLBERG, P.C.,

LARIMER COUNTY ATTORNEY, AND THE LARIMER COUNTY

DEPARTMENT OF SOCIAL SERVICES

A97-23 AGREEMENT BETWEEN THE BOARD OF COUNTY

COMMISSIONERS AND THE CITY OF FORT COLLINS,

COLORADO (1997 Human Services Funding Agreement)

A97-24 SUBDIVISION IMPROVEMENT AGREEMENT RELATING TO THE

SUBDIVISION AND DEVELOPMENT OF WYNDHAM HILL

PLANNED UNIT DEVELOPMENT PHASE I BETWEEN THE

BOARD OF COUNTY COMMISSIONERS AND THOMAS G. AND

MARTHA H. NOONAN

R97-13s FINDINGS AND RESOLUTION DENYING THE GALLENSTEIN

PLANNED UNIT DEVELOPMENT APPEAL

R97-14g RESOLUTION REGARDING DEPOSIT OF 1997 FUNDS BY

COUNTY TREASURER

R97-15g RESOLUTION CANCELING TAXES DETERMINED TO BE

UNCOLLECTIBLE

Motion carried 3 - 0.

5. AG ADVISORY COUNCIL PROPOSAL DISCUSSION:

Mr. Lancaster noted that he received a proposal, which included bylaws, rules, etc. from the Ag Task Force regarding formation of the Ag Advisory Board; at the same time, he had just forwarded to the Board the revised policy for Boards and Commissions. Mr. Lancaster suggested that the Board review the revised policy first to give the Board a yardstick to measure the proposal for forming a new Board or Commission. Discussion followed and the Board concurred with the suggestion; Mr. Lancaster will draft a letter to send to the Ag Task Force to inform them that the Commissioners are developing a new policy and when completed they will proceed with the formation of the Ag Advisory Board.

6. REQUEST FOR FUNDING FOR LINCOLN INSTITUTE SYMPOSIUM:

Ms. Coe provided the background for a Land Use Symposium which will be focused on implementation of the regional study recommendations and orientated toward elected officials and planning commissioners and will also be open to the public. Ms. Coe stated that they plan to use the Lincoln Land-Use Institute again and a small group of staff was asked to start planning; they met and came up with a tentative agenda which will involve looking at various kinds of regional leadership structures, tools for open space, etc. Ms. Coe stated that they cannot proceed further in the planning unless funding is committed and $5,000 is needed from each of the five entities; she noted that so far the City of Fort Collins has committed their share of the funding. After much discussion, CONSENSUS OF THE BOARD was not to commit funds for this Lincoln Land-Use Institute because of all the other things occurring in the County at this time. Chair Disney stated that, instead of having another planning meeting, he would like to see a regional cost benefit analysis of growth and he suggested that this regional planning group design the first phase to determine what components should be measured in a cost benefit analysis of growth. Ms. Coe concurred with the suggestion and noted that they have discussed this.

Mr. Timm informed the Board that the interviews for the Rural Land Use Director will be held on Friday, February 14, 1997 and he asked the Commissioners to identify two or three members of the 35-Acre Task Force to be a part of the interviewing team; the Commissioners stated that they would like to meet with the Task Force before the interviews to discuss the questions that will be asked and process and they would also like to hear suggestions from the Task Force. The Board will discuss this further during Administrative Matters next week.

7. WORKSESSION:

-- Drink-N-Dawg: After reading the incident reports from the Sheriff's Department which were submitted to the Board last week, the Board would like to question the officer to further clarify the DUI incident; Ms. Graves was requested to contact the officer to answer more questions about the incident and then the Board will decide next week whether or not a renewal hearing should be scheduled for their liquor license.

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

8. COMMISSIONER REPORTS:

-- Commissioner Olson reported that she is getting all her liaisons set up; she noted that the CCI Legislative Policies Group (LBG) is going to want some guidance from the Commissioners on the "Takings Bill".

-- Commissioner Clarke reported that the discussion of privatization of Community Corrections is ongoing and a survey is being done by Kathy Snell, Director of Health and Human Services and Brent Nittmann, Community Corrections Interim Director, and they would like to discuss this with the Board; he continued that they are still working on the Youth Detention Center. Commissioner Clarke reported that he visited the Youth Conservation Corps to observe what they were doing with the bicycles and he thinks the Board needs to support those that are working on the bikes; he noted that they are trying to have a program like Boulder County where bicycles are left around the City for those that need transportation from place to place.

-- Chair Disney reported that DRCOG is back on line the Northern Transportation group for funding on the transportation study; he noted he is meeting with all the departments talking about program budgeting and he may want to have a worksession with the department and division heads with Bob Keister, Budget Manager, to discuss this concept.

9. EXECUTIVE SESSION TO DISCUSS PERSONNEL ISSUE:

M O T I O N

Commissioner Olson moved that the Board go into Executive Session at 10:40 a.m. to discuss a personnel matter, to be followed by Legal Matters also in Executive Session.

Motion carried 3 - 0.

The Executive Sessions ended at 11:40 a.m.; no action taken.

WEDNESDAY, FEBRUARY 5, 1997

MEETING REGARDING FINAL APPROVAL OF UTES, SNOWY RIDGE,

ONE PUTT AND STEPPEL AREAS FOR OPEN LANDS PROGRAM

(#146)

The Board of County Commissioners met at 1:30 p.m. in regular session with K-Lynn Cameron, Open Lands Manager, and John MacFarlane, Director of Parks. Chair Disney presided; Commissioners Clarke and Olson were present. Also present was Marla Hein, Assistant County Attorney. Recording Clerk, S. Graves.

1. PURPOSE OF THE MEETING: Mr. MacFarlane stated that the purpose of today's meeting is to provide an update for the Board on the Open Lands Program.

2. STEPPEL FINAL APPROVAL AND INTERGOVERNMENTAL AGREEMENT: Ms. Cameron reminded the Board that on December 23, 1996, the Board approved the recommendation of the Open Lands Advisory Board to participate in partnership with the City of Fort Collins to purchase the Steppel/Hidden Springs property, contingent upon the City of Fort Collins approving the purchase and partnership; she noted that last night the Fort Collins City Council approved the purchase. The request today is for the Board to approve and sign a resolution and the intergovernmental agreement developed for this property with the City of Fort Collins; she explained the contents of the agreement.

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners approve the resolution and intergovernmental agreement with the City of Fort Collins to purchase and manage the Steppel property, and authorize the Chair to sign both documents.

Motion carried 3 - 0.

R97-16g RESOLUTION TO BUY AND SELL ESTATE BETWEEN THE

BOARD OF COUNTY COMMISSIONERS AND STEPHANIE L.

STEPPEL (TBD Hidden Springs Ranch Road)

R97-17g RESOLUTION AUTHORIZING AN INTERGOVERNMENTAL

AGREEMENT WITH THE CITY OF FORT COLLINS FOR THE

PURCHASE AND MANAGEMENT OF THE "STEPPEL PROPERTY"

3. OPEN LANDS ADVISORY BOARD: Ms. Cameron stated that originally the Open Lands Advisory Board had fifteen (15) members but Homer Rouse recently passed away and John Lesmeister resigned for health reasons; she noted that this Board currently has two vacancies and three alternates and they would like to move two of those alternates to regular positions. Discussion followed and the following action was taken:

M O T I O N

Commissioner Olson moved that the Board of County Commissioners appoint Wendell Amos and Pete Salg to the Open Lands Advisory Board to fill the two vacanies.

Motion carried 3 - 0.

4. UTE/SNOWY RIDGE GOCO GRANT APPLICATION FOR $500,000: Ms. Cameron stated that the purchase of the Ute/Snowy Ridge property is a partnership with the cities of Loveland (1/6%), Fort Collins (1/3%), and Larimer County (3/6%). Ms. Cameron stated that the cost of this project is $2.4 million over a 4-year period and they are submitting a grant application to GOCO for their open space program asking for $500,000 to be used toward the purchase of this property; she continued that if this application is approved, our dollar amount will be reduced by $250,000. Commissioner Clarke stated that he would like to know the amount of taxes that were paid on this property last year to compare it with the amount of revenue Larimer County will receive from the crop raised on this property; Ms. Cameron stated that she will obtain this information for him.

5. AGRICULTURAL PROTECTION FORUM: Ms. Cameron advised the Board of an Agricultural Protection Forum on Friday, February 21, 1997 from 8:30 p.m. until 12:00 noon at the Lincoln Center and she asked the Board if a Commissioner would welcome the attendees and make introductions. Commissioners Clarke and Olson stated that they will attend and share responsibilities for making the opening remarks, introductions, and the closing remarks; Chair Disney has a prior commitment for this date.

6. VISION REFINEMENT/RESOURCE ALLOCATION FOR THE OPEN LANDS PROGRAM: Ms. Cameron informed the Board that the Open Lands Program has been in existence for one year; she noted that money has been spent and several projects are underway and now they need to focus on a vision and look at resources. Ms. Cameron stated that the Open Lands Board is having a retreat on March 6, 1997 and will be discussing five proposed resource categories for the Open Lands Fund: Regional Park Preserves, Open Space, Trails and Access, Opportunity Fund (includes improvements at existing Regional Reservoir Parks), and Long-Term Management.

7. BIG THOMPSON STUDY: Ms. Cameron stated that some adjacent landowners have expressed concern over the Big Thompson Study; she reminded the Board that Larimer County is participating in this study. After discussion, the Board recommended placing this study on hold at this time.

8. ROBERTS RANCH DISCUSSION:

Ms. Cameron informed the Board that the Nature Conservancy and Larimer County have written a letter and mutually agreed to table discussion of the Roberts Ranch at the Open Lands Board January meeting because there are issues that need to be resolved.

M O T I O N

Commissioner Olson moved that the Board of County Commissioners go into Executive Session at 2:20 p.m. to discuss contract negotiations regarding the purchase of the Roberts Ranch.

Motion carried 3 - 0.

The Executive Session ended at 2:40 p.m.; no action taken.

______________________________________

JIM DISNEY, 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.