Loveland Bike Trail
 

PROCEEDINGS OF THE BOARD OF COUNTY COMMISSIONERS

MONDAY, APRIL 28, 1997

LAND-USE PLANNING MEETING

(#176 @ 500)

The Board of County Commissioners met at 3:00 p.m. in regular session with Larry Timm, Director of Planning. Chair Disney presided; Commissioners Clarke and Olson were present. Also present were: Al Kadera, Subdivision Administrator; Richael Michels and Keith Schuett, Planners II; Lonnie Sheldon, Project Engineer; Doug Ryan, Environmental Health Planner, and Jeannine Haag, Assistant County Attorney. Recording Clerk, Gael Cookman.

Chair Disney noted that the following are consent items and will not be discussed in detail unless requested by the Commissioners or members of the audience. Mr. Timm informed the Board that number 13, under consent item 2, (which refers to an agreement with the Big Thompson Ditch company), should be deleted as the ditch in question is not part of the property.

1. PINEWOOD LAKE FIRE PROTECTION DISTRICT (#97-RR0988):

IN AND AROUND THE AREA OF PINEWOOD LAKE, ALL OF 30,

31 AND THE W 1/2 OF 29 & 32-05-70 AND THE E 1/2 OF 25-05-71

This is a request to set a date for the Board to consider the proposed service plan for the Pinewood Lake Fire Protection District; staff requests the hearing date be scheduled for Tuesday, May 27, 1997. Staff recommends approval of the Pinewood Lake Fire Protection District for the following reasons: 1) There is sufficient existing and projected need for fire protection and emergency services within the boundaries of the District. Without the contracted services of the Loveland Rural Fire Protection District, the residents of the Pinewood Lake area will not have services provided after November of 1997. 2) The Rural District is capable and willing to provide economical and sufficient service to the area within the proposed District boundaries pursuant to the proposed Agreement. 3) The area to be included in the proposed District has and will continue to have the financial ability to discharge its contractual obligation and operational costs.

2. MOUNTAIN CONSTRUCTORS REZONING AND SPECIAL REVIEW

(#96-MZ0794): 30-05-68 IN LOVELAND, THE SOUTH SIDE OF

STATE HIGHWAY 402, ABOUT ONE MILE EAST OF US 287;

5.49 ACRES; C-COMMERCIAL ZONING

This is a request to rezone 5.5 acres from C, Commercial to I-1, Heavy Industrial and a Special Review to allow a construction equipment repair shop and storage of construction related equipment. Staff findings include: 1) The rezoning of this property does not constitute a spot zone as there are other Commercial and Industrial zoned and used properties in the area. 2) Approval of this rezoning would not impair the health, safety, or welfare of citizens of Larimer County. 3) The use of this property as industrial promotes the tax base and provides continuing employment opportunities in Larimer County. 4) The County Health Department, State Department of Transportation, and the City of Loveland have reviewed this proposal and have stated no objections to it as long as certain conditions are met.

The Planning Commission/Staff recommendation is for approval of the Mountain Constructors Rezoning and Special Review as proposed in file #96-MZ0794 unless modified by the following conditions: 1) All conditions of the access permit the Colorado Department of Transportation must be complied with before beginning operations on the site. 2) The owner/operator must meet all State and Federal laws pertaining to storage and disposal of waste streams generated by this operation. 3) A hazardous waste management plan shall be prepared which determines the hazardous waste generator classification, as defined in the State of Colorado Hazardous Waste Regulations, that this facility will belong. The plan shall outline how the facility will comply with State standards applicable to the appropriate generator classification. The plan shall be submitted and approved prior to applicant beginning operations on the site. 4) A system for managing runoff from floor drains and equipment washing must be approved by the County Department of Health and Environment prior to final approval, and shall be installed and approved prior to issuance of a Certificate of Occupancy (or before operating on the site if washing is to occur prior to construction of the building.) Plans for the system must include provisions for handling the sludge or residuals oils collected from the system. 5) Installation of the on-site sewer system for this property is contingent upon obtaining a permit from the County Department of Health and Environment. The system shall be designed to accept domestic waste only. No floor drains or other process waste may be discarded into the sewer system unless an industrial discharge permit and monitoring standards have been issued by the State of Colorado and the system capacity has been enlarged to accommodate the flow. 6) The area of the on-site sewer system may not be used for vehicle traffic, equipment storage, or landscaping with trees and must be fenced or otherwise protected on site. The area of the soil absorption system shall be planted with grasses as required by the Department of Health and Environment. 7) Adequate restroom facilities must be provided for employees prior to the construction of the proposed building. These facilities must be approved by the County Health Department. 8) The applicants must agree to hook up to sanitary sewer when it becomes available. Applicants must sign and record an agreement regarding this. 9) Fuel storage shall be in compliance with the Colorado Department of Labor and Employment's Oil Inspection requirements. The applicant shall submit evidence of how compliance will be achieved prior to beginning operations on the site. 10) Applicant is required to install and flow test as many fire hydrants as the Loveland Fire Prevention Bureau deems necessary. The hydrant(s) must be installed prior to a building permit being issued for the structure or within one year of the final approval of this proposal, whichever occurs first. Additionally, the building must be equipped with an automatic fire sprinkler system and must conform with the Uniform Fire Code including Articles 79 and 80 relating to Flammable, Combustible and Hazardous Materials. Any water system improvements required to facilitate these requirements are the responsibility of the applicant. 11) Prior to issuance of a building permit, elevations and floor plans must be submitted for review by the Planning Department. The building must be an earth tone color. 12) A site plan must be submitted and approved by the Planning Department prior to utilization of the site. This site plan must show the following items, in detail: a) Specific equipment parking areas with a list of approximately what equipment will be stored there shown on the site plan. (Types and quantities). b) Landscaping and fencing proposed to meet the Landscape Guidelines. The landscaping must be sized and drawn as specified in the Landscape Guidelines. Plant materials list with sizes shown must be on the plan. Provisions for irrigation and maintenance must also be shown. Architectural and construction details for proposed fencing must be included. c) Employee parking areas drawn with number of spaces shown and appropriate landscaping. d)Location of sewage disposal system and area reserved for backup system. Grass seed mix to be used for this area must be specified. e) Proposed building location and size. Architectural elevations must be included on the plan. f) Should the applicants desire to alter the location of the building after the site plan has been approved, a revised site plan must be submitted to and approved by the Planning Department before any of the changes are implemented.

3. CIMARRON LAKE LOTS 38 & 39 AMENDED PLAT (#97-SA1023):

SECTION 23, TOWNSHIP 8 NORTH, RANGE 69 WEST OF THE 6TH

P.M. LARIMER COUNTY, COLORADO; NORTH OF DOUGLAS

ROAD (COUNTY ROAD 54) ON THE EAST SIDE OF SHIELDS

STREET (COUNTY ROAD 17); 2 LOTS; FA-FARMING ZONING

This is a request to reconfigure existing lots with the Cimarron Lake Subdivision. Staff findings are: 1) Cimarron Lake Subdivision was approved in 1994. 2) The existing access to lot 39 is located on the current platted lot of lot 38. This amended plat will reconfigure the two lots to the same acreage and make better use of the site. 3) The amended plat will not affect the existing sewer envelope identified on the existing plat for Cimarron Lake Subdivision. 4) The Larimer County Health Department and the Larimer County Engineering Department and all utilities serving this area have reviewed the proposed amended plat and stated no objections. Staff recommendation is for approval of the Amended Plat of Lot 38 and Lot 39 of Cimarron Lake Subdivision.

4. WESTERN WIRELESS/MEADOW SPRINGS SPECIAL REVIEW

(#96-ZR0960): PART OF THE NORTHEAST 1/4 OF SECTION 35,

TOWNSHIP 11 NORTH, RANGE 68 WEST; 20208 NORTH COUNTY ROAD

5, EAST OF NORTH COUNTY ROAD 5, NORTH OF COUNTY ROAD 82,

SOUTH OF AND WEST OF COUNTY ROAD 92 AND WEST OF I-25;

O-OPEN ZONING

This is a request for a Special Review for a 150 foot tower and support equipment. The tower is for the co-location of a maximum of 4 Personal Communication Services (PCS) and/or cellular companies and 2 paging systems. Staff findings: 1) The proposed radio tower and associated equipment will be located so as to cause the least amount of visual impacts. 2) Approval of the height allowing for collocation of wireless communication providers will facilitate the use of personal communication systems in Larimer County and reduce the number of towers required. 3) Approval of this proposal with certain conditions will not interfere with other communication facilities in the area. 4) Approval of the Special Review, with certain conditions, should not adversely affect the health, safety, or welfare of existing and future residents of Larimer County. 5) Approval of a tower with the ability to, and willingness of the tower owners to allow for the collocation of service providers by the approval of a plot plan by the Larimer County Planning Department, the issuance of appropriate building permits, and an approved lease agreement with western wireless, will reduce the need for additional communication towers in this area. Staff recommends approval of the Western Wireless/Meadow Springs Special Review #97-ZR0960 with the following conditions: Prior to the issuance of any building permits: 1) Provide written evidence to the Larimer County Planning Department that the Larimer County Health Department has reviewed an analysis of the projected Radio Frequency for the facility. The evidence shall clearly demonstrate that the health department is in concurrence with the analysis that the facility would produce Radio Frequencies below the maximum levels allowed by the FCC. 2) Provide written evidence to the Larimer County Planning Department that the crossing permit required by Burlington Northern Santa Fe Railroad Company has been acquired. 3) Provide written evidence to the Larimer County Planning Department that the size of the lease area is no less than a 300 foot circle to ensure that if the tower would fall that it would be contained within the lease hold of Western Wireless. 4) Provide a security fencing plan that includes a description of the type of fencing, a description of the time frame that it will be installed, and information on how it will be maintained. The plan shall be approved by the Larimer County Planning Department. 5) A plot plan shall be approved by Larimer County Planning Department. The plot plan shall clearly identify the use of all structures, the size of all structures and proposed uses. 6) A copy of an executed lease agreement with the tower owner that clearly allows for the collocation of proposed facilities for which the building permit is being applied for.

MOTION

Commissioner Clarke moved that the Board of County Commissioners adopt the staff findings and Planning Commission/Staff recommendations and approve the Pinewood Lake Fire Protection District (#97-RR0988) hearing date scheduled for May 27, 1997; the Mountain Constructors Rezoning and Special Review (#96-MZ0794), as amended; the Cimarron Lake Lots 38 and 39 Amended Plat (#97-SA1023), and the Western Wireless/Meadow Springs Special Review (#96-ZR0960), with conditions as outlined.

Motion carried 3-0.

5. EAGLE RANCH ESTATES II PLANNED UNIT DEVELOPMENT

(#96-MS0910): SOUTHEAST 1/4 OF SECTION 21, TOWNSHIP 6 NORTH,

RANGE 68 WEST; 1/2 MILE WEST OF I-25, ON THE NORTH SIDE OF CR

30, DIRECTLY SOUTH OF EAGLE RANCH ESTATES; 151.8 ACRES;

63 LOTS; AP-AIRPORT ZONING

This is a request to divide 151.8 acres into 63 lots for single family residences. Mr. Schuett briefly explained the proposal and reviewed a map of the property involved. Staff findings are: 1) The application meets the standards of the PUD Resolution. 2) The service providers have identified few conflicts with the proposal. The property will need to be annexed into the South Fort Collins Sanitation District. 3) There are questions of compatibility raised by the impact of the airport and aircraft, which can be addressed by building construction techniques and restricting lighting. 4) The Plan for the Region between Loveland and Fort Collins indicates the site is appropriate for rural residential development. The design of this PUD can be considered consistent with the plan. A more tightly clustered plan with fewer lots might be suggested. The open and unobscured view of the site from surrounding properties does not provide a significant advantage on this site. 5) This proposal does not create significant impact on the road system. Road impact fees will be required as part of the project. 6) The impact of the development on the wetland areas will be mitigated by replacement. 7) No comments have been received which would indicate an impact on adjacent uses. 8) Most of the property is currently in agricultural production. The areas of the site which are not farmed are also the areas which will be preserved by this plan.

John Barnett gave a brief overview of Eagle Ranch II Estates PUD; he explained that there are on-going negotiations with the Larimer Land Trust Board to accept a conservation easement, or donation of the conservation tracks concerning this particular PUD. Mr. Barnett noted that Barnett and Associates have been working with the airport since last summer on the issue of adequate and fair disclosure of the noise, agreeing to special construction requirements for units within the 55 decibel contour, and agreeing to an avigation easement. Mr. Barnett stated that they are in agreement with the staff and Planning Commission conditions and are also in agreement with the revision that was presented today on Park impact fees.

Chair Disney asked for more detail regarding their work with the Larimer Land Trust Board; Mr. Barnett explained that negotiations were on-going to determine whether or not they would accept a conservation easement or a donation of the land. (This regards the agricultural land surrounding the area including some wetlands; not including the inner, developed land.) Chair Disney was concerned with the fact that holding these easements costs money, and wanted to know if they were negotiating for contributions to help manage the easement as part this process. Mr. Barnett said that is what they were trying to do, and in fact they had secured $20,000 for this purpose. Chair Disney also stated that since there are wetlands involved, a plat note should be added to address the fact that the County does not provide mosquito control.

The Planning Commission/Staff recommendation is for approval of the Preliminary Master Plan and Preliminary Plat of Eagle Ranch Estates II PUD with the following conditions as amended: 1) The phase plan of the Planned Unit development shall be completed in strict conformance to the Master Plan and to the Planned Unit Development Resolution for the County of Larimer, State of Colorado. 2) Park fees shall be paid at the time of the building permit issuance. The Park fee current at the time of building permit issuance shall apply. 3) Road fees and Fossil Creek Drainage Basin fees shall be paid at the time of building permit; the amount to be determined prior to the time of Final Plat approval. 4) School fees shall be paid at the time of building permit. 5) Engineered footing and foundations shall be required on all structures. 6) Radon gas testing of all residential structures shall be conducted prior to the issuance of any Certificate of Occupancy. 7) The applicant shall submit for review and approval prior to Final Plat a revised landscape plan. The plan shall address concerns raised by staff for a landscape buffer along County Road 30 and wildlife islands 8) The applicant shall prepare for review and approval a wetland mitigation plan and a final drainage plan prior to Final Plat. The final drainage plan shall include a detailed analysis of the road culvert design, erosion protection and effects on lots adjacent to the drainage way. 9) The plat shall be noted to reflect the proximity of this site to the airport. 10) The applicant shall obtain final commitments for water and sewer service. The applicant shall petition the property into the South Fort Collins Sanitation District prior to final plat approval. 11) Homeowners documents shall reflect the responsibility of the Home Owners Association for maintenance of roads, agricultural production areas, irrigation structures, and common areas. This shall include the wetlands and open space areas. 12) The Final Plat shall reflect the required rights of way of 50 feet for County Road 30 (total rights of way for County Road 30 is 100 feet). 13) The covenants and plans shall not allow any street lights or free standing yard lights except at intersections for safety. 14) Prior to Final Plat the applicant shall assure delivery of irrigation water to the project and any down stream users in compliance with the requirements of Appendix C of the Larimer County Subdivision Regulations. The final plat application shall address the effects of the irrigation water on the ambient ground water table. 15) The applicant shall grant an avigation easement over the entire property. The easement shall be in a form mutually agreed to by the Loveland-Fort Collins Municipal Airport manager and the applicant. 16) All lot transfers shall include a Fair Disclosure Statement in a form agreed to by the Loveland-Fort Collins Municipal Airport manager and the applicant. 17) The final plat shall identify road names acceptable to the Larimer County Building Department. 18) The final plat shall identify the location of all field drains and shall protect those drains by a minimum 20 foot easement. 19) The final plat application materials shall identify the oil and gas mineral owners of the property. 20) The Final Plat shall be noted and the covenants shall include the following requirements: a) That there are adjacent agricultural uses and pesticide uses in the area. b) That as the area grows, there is a potential for even more over flights and larger aircraft than what is there today when someone buys property. c) Residential construction shall be designed to mitigate noise from the airport and from aircraft. This shall include but not be limited to the following: minimum of R-30 insulation in all attic spaces, double pane windows, five pounds per square foot or heavier shingles, and a requirement that all residences shall be air-conditioned by central air conditioning. d) The 55 dB noise contour cuts across the western portion of the project. The project is within the flight pattern area of runway 15/33, 16/24 and the flight pattern area for a future parallel runway to runway 15/33. e) Street lights or free standing yard lights shall not be allowed except at intersections for safety. f) Engineered footings and foundations are required for all structures. g) Drainage systems should be installed for each residence with sub-grade construction. h) Preliminary radon gas mitigation measures should be incorporated into the construction of residences. i) Radon testing is required prior to the issuance of a Certificate of Occupancy. j) Park fees, road fees, drainage fees, and school fees are to be paid at the time of building permit application. k) Sales information used for marketing the project will disclose the sludge disposal site to the northwest. l) Mosquitoes may be a nuisance on this property due to the proximity of wetlands and breeding habitat. Larimer County is not responsible for mosquito abatement and any land owner initiated activities must meet all Federal, State and Local rules and regulations.

MOTION:

Commissioner Clarke moved that the Board of County Commissioners adopt the staff findings and Planning Commission/Staff recommendation and approve the Master Plan and Preliminary Phase Plan for Eagle Ranch II Planned Unit Development, (#96-MS0910), with the conditions as amended and outlined above.

Motion carried 3-0.

The meeting adjourned at 3:20 p.m.

ADMINISTRATIVE MATTERS

(#177)

The Board of County Commissioners met at 9:00 a.m. in regular session with Neil Gluckman, Assistant County Manager. Chair Pro-Tem Olson presided and Commissioner Clarke was present; Commissioner Disney was attending the North Front Range Corridor Investment Study Policy & Oversight Committee Meeting. Also present were: Undersheriff John Kammerzell, Captain Gary Darling, Sgt. Terry Ferebee and Dave Roberts of the Sheriff's Department; Larry Timm, Director of Planning; Gayle Morgan, Planning Department Staff Services Manager; Jim Reidhead, Rural Land Use Center Director; Kathay Rennels, Member Rural Land Use Board; Michele Yeager, Planning Department Administrative Services Assistant; Rob Helmick, Senior Planner; Dr. Adrienne LeBailly, Director of Health Department; Ralph Jacobs, Human Resources Director; John MacFarlane, Director of Parks; Donna Hart, Commissioner's Office Staff Services Manager; and Deni LaRue, Community Information Manager. Recording Clerk, S. Graves.

1. OPEN SESSION FOR PUBLIC COMMENT: The following two persons addressed the Board during the open session for public comment: Harry Sauer and Tom Bender. Mr. Sauer addressed the Board regarding the terrible road conditions on County Road 28/West 57th Street between Taft and Wilson and he noted that there are many roads in the County which are paved that have a much lower traffic volume than this road. Mr. Sauer stated that a dust retardant was applied the first week in April and the road is already falling apart; he noted he farms on both sides of this road and uses it daily and it is so hard on his equipment. Commissioner Clarke stated that this may be a road that is planned for double chip seal and he will check on it and call Mr. Sauer.

Mr. Bender stated that he has reviewed the Master Plan and, in his opinion, there is a lacking of expertise on the Environmental Advisory Board, based on what he saw in the Master Plan because there is no natural resource management plan included. Mr. Bender discussed the need to either change the National Park Service policy or implement management practices that work; he expressed concern that destruction of the eco-system is more import than overflights and is an issue that needs to be addressed. Mr. Bender submitted written information for the Board's enlightenment regarding how to protect our forests; he also submitted an article written by the American Farm Bureau discussing the misinformation being circulated about dihydrogen oxide. Commissioner Clarke suggested that Mr. Bender write a letter to PLUS outlining his concerns and the importance of a natural resources management plan being a part of the Master Plan.

2. PROCLAMATION FOR DETENTION OFFICER'S WEEK: The Board was requested to proclaim the week of May 4 through May 10, 1997 as Detention Officers Week; Chair Pro-Tem Olson read aloud the Proclamation.

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners hereby proclaim the week of May 4 through May 10, 1997 as Larimer County Detention Officers Week, and authorize the Chair Pro-Tem to sign the Proclamation.

Motion carried 2 - 0.

3. APPROVAL OF MINUTES FOR THE WEEK OF APRIL 21, 1997:

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners approve the Minutes for the week of April 21, 1997, as submitted.

Motion carried 2 - 0.

4. APPROVAL OF SCHEDULE FOR THE WEEK OF MAY 5, 1997:

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners approve the Schedule for the week of May 5, 1997, as submitted.

Motion carried 2 - 0.

5. 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 April 29, 1997:

MISCELLANEOUS DOCUMENTS: Racquette Drive Commercial Condominiums Plat; Social Services Warrant Register for March 1997; and the Site Application for Ben Delatour and Eagle Crest Development. LIQUOR LICENSES: Licenses were issued to: Fort Namaqua Wine and Spirits - 6% - Loveland, CO.; Lincoln St. Grille - 6% - Fort Collins, CO.; and a 6% SPECIAL EVENTS PERMIT on May 25, 1997 for Hearts and Horses at 2331 Waterdale Drive in Loveland, CO. County approval was granted to: Pot Belly Restaurant - 6% - Red Feather Lakes, CO.; Best Western Coach House - 6% - Loveland, CO.; and Bob's Liquor - 6% - Fort Collins, CO.

A97-72 AGREEMENT CONCERNING ROAD IMPROVEMENTS ON COUNTY

ROAD 17 BETWEEN THE BOARD OF COUNTY COMMISSIONERS

AND WAYNE LEE HICKS AND DELORES MARIE HICKS TRUST

(Project #170)

A97-73 ATTACHMENT I TO AGREEMENT CONCERNING OPERATING

AND FINANCIAL PLAN REIMBURSABLE SERVICES REQUESTED

BY THE FOREST SERVICE BETWEEN THE BOARD OF COUNTY

COMMISSIONERS AND THE FOREST SERVICE

A97-74 LIBRARY SERVICES AGREEMENT BETWEEN THE BOARD OF

COUNTY COMMISSIONERS AND THE CITY OF LOVELAND

A97-75 AGREEMENT BETWEEN THE BOARD OF COUNTY

COMMISSIONERS AND THE FORT COLLINS AREA UNITED WAY

(Additional Funding to ServiceNet to Further Develop and Implement

a Comprehensive, Computerized Database of Human Services)

C97-15 CONTRACT AMENDMENT BETWEEN THE BOARD OF COUNTY

COMMISSIONERS AND THE STATE OF COLORADO,

DEPARTMENT OF PUBLIC SAFETY, DIVISION OF CRIMINAL

JUSTICE (Allocation of Additional Funding - FY 96-97)

C97-16 ADDENDUM - CHANGE ORDER LETTER TO THE SINGLE ENTRY

POINT AGENCY CONTRACT (#3397-1312) BETWEEN THE BOARD

OF COUNTY COMMISSIONERS AND THE STATE OF COLORADO,

DEPARTMENT OF HEALTH CARE POLICY AND FINANCING

(Amendment to Original Contract to Allow for Increase in Funding)

C97-17 AMENDMENT TO THE CORRECTIONAL FOODSERVICE

MANAGEMENT CONTRACT BETWEEN THE BOARD OF COUNTY

COMMISSIONERS AND CORRECTIONAL FOODSERVICE

MANAGEMENT

D97-14 DEED OF DEDICATION BY TIMNATH FARMS, INC. OF LARIMER

COUNTY (Dedication of Property for Public Highway - Project #203)

R97-44s RESOLUTION REGARDING THE RELEASE OF COLLATERAL

FOR FOOTHILLS ESTATES SUBDIVISION

Motion carried 2 - 0.

At this time Chair Disney joined the meeting.

6. RESOLUTION TO PARTICIPATE IN PARTNERSHIP PLANNING EFFORTS WITH THOMPSON R2-J SCHOOL DISTRICT: Mr. Gluckman submitted a resolution for the Board to approve acknowledging that growth throughout Larimer County has had a major impact on the provision of services to citizens, including public education, and resolving that Larimer County wishes to work in a coordinated way with the City of Loveland and the Thompson R2-J School District to provide quality services in the future. Mr. Gluckman noted that this resolution officially appoints Chair Jim Disney and Neil Gluckman to serve as the County's representative in these joint efforts.

Commissioner Clarke moved that the Board of County Commissioners approve the resolution to participate in partnership planning efforts with Thompson R2-J School District, and authorize the Chair to sign same, and appoint Chair Jim Disney and Assistant County Manager Neil Gluckman to serve as Larimer County representatives in these joint efforts.

Motion carried 3 - 0.

R97-45g RESOLUTION TO PARTICIPATE IN PARTNERSHIP PLANNING

EFFORTS WITH THOMPSON R2-J SCHOOL DISTRICT

7. REQUEST FOR ADDITIONAL FUNDING FOR RURAL LAND USE CENTER AND APPROVAL OF THE DRAFT BYLAWS FOR THE RURAL LAND USE CENTER: Mr. Reidhead requested Board approval of funding to hire a full-time regular county employee as a Rural Land Use Technician, and to increase funding to handle deficiencies in the current RLUC budget, both effective immediately, and approve an increase of the RLUC Director's position to from .5 FTE to 1.0 FTE, effective September 1, 1997. Mr. Reidhead stated that during his first six weeks on the job he has learned that: 1) There is a lot of interest in the Rural Land Use Program as it is a good program and well conceived; 2) Systems are being setting up and there is basically one chance to make a first good impression; he noted that even though his position is half time, he has been working almost full time; 3) In order to be in keeping with the commitment that the County has to customer service, he needs more staff to help with the day-to-day operations. Mr. Reidhead stated that there are 25 projects in the mill right now that need attention and, if they don't receive it, he is afraid they will start losing interest in the program; he noted this is the first program to come out of the PLUS (Partnership Land Use System) initiative and it is very important that they perform their duties quickly and effectively. Questions from the Board and discussion followed; Chair Disney asked Mr. Reidhead if he thinks this level of interest and intensity will continue and if the request for an additional employee should be a temporary position. Mr. Reidhead responded that he feels very strongly that this interest is not a fluke as they haven't done any promotion or outreach to the real estate or ranching communities nor spent time trying to develop the volunteer component and, considering that there are over 500,000 acres in the County eligible for this program, he thinks that hiring a temporary employee would not be in the best interest for the program. Ms. Rennels stated that many of the projects they have now have neighbors waiting to see how the program works and many calls have been received from other interested parties.

M O T I O N

Commissioner Olson moved that the Board of County Commissioners approve the request to hire a Rural Land Use Center Technician to coordinate all RLUC activities, and increase funding to handle deficiencies in the current RLUC budget, both effective immediately; and approve the increase of the RLUC Director's position from .5 FTE to 1.0 FTE, effective September 1, 1997; funds for these approvals to be derived from 1996 Carry-Over.

Motion carried 3 - 0.

Mr. Reidhead requested Board approval of the Bylaws of the Larimer County Rural Land Use Board; he noted the Bylaws have been reviewed and approved by the Assistant County Attorney Jeannine Haag.

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners approve the Bylaws of the Larimer County Rural Land Use Board, and authorize the Chair to sign same.

Motion carried 3 - 0.

Mr. Timm noted that following the Board's discussion of impact fees earlier this week, he now would like to proceed; he requested that the Board retain Jim Duncan and Bob Felsberg as sole source consultants to develop a road impact fee program for Larimer County on an at cost basis for up to three days, for the purpose of traveling to Larimer County for meetings with Fort Collins, Loveland, Estes Park, Berthoud, Windsor, Wellington, Timnath, and County staff. Mr. Timm continued that these meetings would be for the purpose of designing a detailed scope of work with the consultants that will address road fee issues in the Fort Collins UGA, Loveland UGA, Estes Park area and rural portions of Larimer County and following this meeting, a detailed scope of service and project costs will be provided by the consultants for review by the Board; it was noted that these meetings should include a meeting with the County Attorney and a decision made as to whether outside legal consultants should be included in the cost of services.

M O T I O N

Commissioner Olson moved that the Board of County Commissioners approve the request to retain Jim Duncan and Associates and Bob Felsberg as the sole source consultants to develop a road impact fee program for Larimer County on an at cost basis for up to three days for the purpose as outlined above; funds to be derived from the Planning Department budget.

Motion carried 3 - 0.

8. APPROVAL OF REVISED SADDLE RIDGE ACRES PUD FINAL PLAT & SIA: Mr. Helmick requested Board approval and the Chair's signature on the Final Plat for Saddle Ridge Acres PUD, as revised, and the Subdivision Improvements Agreement.

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners approve the Final Plat for Saddle Ridge Acres PUD, as revised, and the Subdivision Improvements/Development Agreement, and authorize the Chair to sign both documents.

Motion carried 3 - 0.

A97-76 SUBDIVISION IMPROVEMENTS AGREEMENT BETWEEN THE

BOARD OF COUNTY COMMISSIONERS AND D & M

DEVELOPMENT, LLC. (Saddle Ridge Acres PUD)

9. APPROVAL OF POLICY WAIVER TO DONATE SICK LEAVE FOR MELINDA LACY AND SUSAN KING: Mr. Jacobs informed the Board that Dr. LeBailly has requested Board approval of a waiver of the County sick leave policy to allow Melinda Lacy's co-workers to donate up to 80 hours of their sick leave to her in order for her to remain in a paid status while dealing with the illness of her husband; Mr. Jacobs stated that this request meets all the criteria necessary for the transfer of sick leave.

M O T I O N

Commissioner Olson moved that the Board of County Commissioners approve a waiver of the sick leave provisions of the Larimer County Personnel Policy Manual in order to permit employees in the Health Department to transfer up to 80 hours of their sick leave to Melinda Lacy, effective when all of Ms. Lacy's paid leave balances are exhausted.

Motion carried 3 - 0.

Mr. Jacobs stated that a request has been received from Carol Block, Director of Finance, for a waiver of the County sick leave policy to allow employees to donate up to 120 hours of sick leave to Susan King; Mr. Jacobs noted that Ms. King is required to have additional surgery as a direct result of her life threatening injury sustained in a motor vehicle accident, but the upcoming surgery itself is not life threatening.

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners approve a waiver of the sick leave provisions of the Larimer County Personnel Policy Manual in order to permit employees to transfer up to 120 hours of their sick leave to Susan King to be used for the purposes of undergoing and recovering from back surgery, to be available to Ms. King when all her paid leave balances have been used.

Motion carried 3 - 0.

Chair Disney asked if it would be possible for Mr. Jacobs and County Manager Mr. Lancaster to administratively review and approve routine requests for waivers of the sick leave policy rather than bringing all requests to the Board; Mr. Jacobs concurred with the suggestion and Mr. Gluckman noted that a part of the County Manager's duties is to sign off on routine requests for waivers of sick leave. It was noted, however, that the "out of the ordinary" requests will still be brought to the Board for their consideration.

10. ADOPTION OF APPOINTED SALARY POLICY: Mr. Jacobs informed the Board that he received only one call after sending out the draft of the Appointed Employee Salary Policy, and proposed salary ranges, to division directors and department heads; he thinks their questions about the policy and salary ranges were resolved earlier. Mr. Jacobs noted that one significant change was made to the last sentence of the policy, which states: "In certain situations, the Board may approve the use of a salary bonus instead of a base salary adjustment". Mr. Jacobs recommended Board approval of the Policy since no significant comments were received.

M O T I O N

Commissioner Olson moved that the Board of County Commissioners approve the adoption of the Appointed Employee Salary Policy and the recommended salary ranges for the Appointed Officials.

Motion carried 3 - 0.

11. APPROVAL OF CONCESSION POLICY FOR COUNTY PARKS: Mr. MacFarlane requested Board approval of the Concession Policy for 1997 for the Larimer County Parks and Open Lands Department; Mr. MacFarlane stated that after the policy was written, he met with the Bureau of Reclamation, as well as all licensees and concessionaires, and then sent it to Mr. Hass for review and approval as to form. Mr. MacFarlane briefly reviewed the policy with the Board.

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners approve the Concession Policy for 1997 for the Larimer County Parks and Open Lands Department, and authorize the Chair to sign same.

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Motion carried 3 - 0.

P97-04 CONCESSION POLICY FOR 1997 FOR LARIMER COUNTY

PARKS AND OPEN LANDS DEPARTMENT

12. WORKSESSION:

-- Report on American Crepe Deli: Mr. Gluckman reported to the Board that Charles Shea, the owner of the American Crepe Deli who wanted to meet with the Board to discuss the problems he is having with the Health Department, was told to come today for the open session for public comment, but he chose not to attend.

-- Referees for Abatement Hearings: Mr. Gluckman reported that Mr. Hass and Ms. Haag researched whether or not referees could be hired to sit in for the Commissioners for the 39 abatement hearings which are scheduled for the next two weeks and the answer is "No"; the Commissioners must hear the abatement hearing requests.

-- Last Day for 1997 Legislative Session: Mr. Gluckman reported that May 7, 1997 is the last day of the legislative session for 1997 and Ms. Hart and Ms. LaRue are helping put together a debriefing with the local legislators after the session is over to discuss the 1997 session and what to look forward to in 1998.

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

13. COMMISSIONER REPORTS:

-- Commissioner Olson thanked Jodie Boatright, Donna Hart, Janet Gleiforst, Myrna Rodenberger, Walt Pestridge, Chuck Woodward, Irene Josey, Deni LaRue, and Kate Tremblay for their hard work and efforts for organizing "Take Your Daughter to Work Day"; she noted that participation was great and enjoyed by everyone.

-- Chair Disney reported on the Policy & Oversight Committee for the Transportation Alternatives Feasibility Study meeting he attended earlier this morning; he noted they approved the Scope of Services and the consultant will start work this afternoon. Chair Disney stated that one of the things which is going to come back to the North Front Range Council is a Memorandum of Understanding, signed by the four signatories to the Study, is a stakeholders group that has up to two chairs on the Policy & Oversight Committee. Chair Disney stated that there was discussion this morning about who should be on the stakeholders group, if it is to be opened to all affected interests in order to be fair to everyone in the study area and be balanced, and what their task should be. Chair Disney asked the Board to give some thought to this and to let him know if they have suggestions to make regarding these questions.

-- Chair Disney reported that Highway 34 has been closed due to a rock slide; he stated that the last time this road was closed, the Colorado Department of Transportation put out a request, and we complied, to send some of our trucks up there to haul away some of the material. Chair Disney noted that Mr. Smith and Mr. Heiden are concerned about this, if the same request is made, because it causes excessive wear and tear on our dump trucks; however, the Board concurred that it is very important to the economy of Estes Park to have this road open.

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

14. LEGAL MATTERS:

-- Mr. Hass responded to the Board's questions about a single issue ballot noting that a sales tax proposal is a single issue, even though it is for different items.

M O T I O N

Commissioner Olson moved that the Board of County Commissioners go into Executive Session at 10:55 a.m. to discuss negotiations and pending litigation.

Motion carried 3 - 0.

The Executive Session was over at 11:45 a.m.; no action taken.

______________________________________

JIM DISNEY, CHAIR

BOARD OF COUNTY COMMISSIONERS

( S E A L )

ATTEST:

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Gael Cookman, Deputy County Clerk,

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Sherry E. Graves, Deputy County Clerk

Background Image: Loveland Bike Trail by Sharon Veit. All rights reserved.