Loveland Bike Trail
 

PROCEEDINGS OF THE BOARD OF COUNTY COMMISSIONERS

MONDAY, JUNE 16, 1997

LAND-USE PLANNING MEETING

(#201)

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; Rob Helmick, Senior Planner; Carol Evans, Dan Tasman, Planners II; Lonnie Sheldon, Project Engineer; Doug Ryan, Environmental Health Planner; and Jeannine Haag, Assistant County Attorney. Recording Clerk, S. Graves.

Chair Disney noted that item #9, the Cathy's Pond Subdivision Release of SIA, has been removed from today's agenda.

Chair Disney noted that the following are consent items and will not be discussed in detail unless requested by the Board or members of the audience. Chair Disney and Milan Karspeck both requested that the Riverside Farm Planned Unit Development be removed from the consent agenda to discuss transportation issues, the agricultural nature of the parcel, etc.; Chair Disney also asked that the Livermore Fire Protection District item be removed from the consent agenda.

1. MCCORMICK MINOR RESIDENTIAL DEVELOPMENT (#96-EX0971):

SW 30-08-69 - SOUTH SIDE OF COUNTY ROAD 52E, EAST/SOUTHEAST

OF THE INTERSECTION OF COUNTY ROAD 52 (COLORADO HIGHWAY

28) AND COUNTY ROAD 23; 22.84 ACRES; 2 LOTS; O-OPEN ZONING

This is a request for a Minor Residential Development to divide a 22.8 acre parcel into two lots of 2.296 acres (vacant) and 20.5 acres (with existing improvements) for single family residential use; the mobile home on Lot 2 will be removed after the dwelling is constructed on Lot 1. Staff findings include: 1) The proposed McCormick Minor Residential Development is consistent with the Larimer County Subdivision and Zoning Resolutions and with the Comprehensive Land Use Plan; 2) Although natural constraints are present on this site, the applicants have demonstrated that these can be mitigated with careful design and placement of improvements; 3) Approval of the McCormick Minor Residential Development, with certain conditions, will not result in significant negative impacts on access, the provision of services, the natural environment or surrounding properties.

The staff recommendation is for approval of the McCormick Minor Residential Development, with the following conditions: 1) Prior to recording the Final Plat, erosion control and drainage plans and road construction plans shall be submitted and approved by County Engineering. The Final Plat shall include drainage easements, as approved by County Engineering. Road construction may either be completed and approved prior to recording the Final Plat or a Subdivision Improvements Agreement and collateral shall be submitted; 2) The Final Plat shall delineate the wetlands boundaries on the entire property and shall note that prior to any work taking place in those wetland areas, the U. S. Army Corps of Engineers must be contacted to obtain any necessary permits; 3) Additional right-of-way to provide a half right-of-way of 50 feet along the frontage of this property on County Road 23 and County Road 52E shall be provided on the Final Plat; 4) Easements and rights-of-way of record shall be included on the Final Plat. Easements requested by the utility providers shall be provided; 5) The following notes shall be included on the Final Plat: a) Underground utilities are required in this development; b) Property owners should be aware that mosquitoes and wildlife may present a nuisance. Larimer County does not have a mosquito control program; any spraying or other control is the responsibility of the property owner. Larimer County is not able to mitigate wildlife nuisance problems, but information on managing these issues is available. Prairie dog colonies exist in this general area; at times prairie dogs are implicated in transmission of plague to people or their pets. It is important for residents to observe animal control requirements for both dogs and cats; c) Agricultural uses are present in this area. Such uses can produce odor, dust and noise; these should be expected to occur. Larimer County will not take action to stop or hinder legal agricultural uses in this area; d) The following fees shall be collected at building permit issuance for new residential structures: Larimer County Park fee of $86.61, Section 2.8 road fee, off-site street impact fee of $1,999 and Poudre R-1 School fees. Unless otherwise noted, the fees current at time of building permit issuance shall apply; e) Engineered footings and foundations shall be required for all construction on these lots; f) The results of a radon detection test conducted in new dwellings once the structure is enclosed, but prior to issuance of a Certificate of Occupancy, shall be submitted to the Planning Department. As an alternative, a builder may present a prepaid receipt from a radon tester which specifies that a test will be done within 30 days. A permanent Certificate of Occupancy can be issued when the prepaid receipt is submitted; 6) Prior to issuance of a permanent Certificate of Occupancy for the dwelling on Lot 1, the mobile home located on Lot 2 shall be removed. Requirements of the Larimer County Health Department regarding the abandonment of the sewer system for the mobile home shall be followed, including pumping of the septic tank and filling or removing the tank; 7) A road maintenance covenant that addresses maintenance of the internal access road to ensure emergency access shall be submitted for recording with the Final Plat. The Plat shall note that the roads in the development will not be maintained by Larimer County and that a maintenance covenant is being recorded with the Plat; 8) All conditions of approval shall be completed and the Final Plat recorded by December 16, 1997, or this approval shall be null and void.

2. HARRIS SUBDIVISION (#96-SU0866): NE 03-07-69 - SOUTHWEST OF THE

INTERSECTION OF SHIELDS STREET (COUNTY ROAD 17) AND

WILLOX LAND (COUNTY ROAD 50), ON THE WEST SIDE OF SHIELDS

STREET; 16.79 ACRES; 2 LOTS; FA-FARMING ZONING

This is a request to subdivide a 16.79 acre parcel with one existing dwelling into two lots of 5.34 and 11.44 acres for single family residential use. This is a replat of Tract B-1 of the Amended Harris MRD (#S-70-90) and the Amended Forell Exemption. Staff findings are: 1) The development will be similar in density and type of development to adjacent residential areas; 2) The development is consistent with the surrounding neighborhood; 3) With minor revisions, the development will comply with the recommendations of the referral agencies; 4) The application meets the technical requirements regarding development in the UGA; 5) No service provider has identified any conflict with their ability to serve the development; 6) The traffic impact of this development is consistent with the existing and anticipated street network.

The Urban Growth Area Review Board/Staff recommendation is for approval of the Harris Subdivision Preliminary Plat, with the following conditions: 1) Applicant must pay the required development fees at the time of building permit; 2) An erosion control plan, preliminary and final drainage plan and report, and plans for construction of all utilities and roads necessary to serve the development must be submitted for review at final plat and approved by County Engineering; 3) An 80' diameter turn-around must be constructed on Harris Drive at Lot 1, per Engineering Department and City of Fort Collins concerns; 4) A 9' utility easement must be provided along Harris Drive; 5) Engineered footings and foundations are required for all building permits; 6) Access from Lot 1 to Shields Drive, or Lot 2 to Harris Drive, is not allowed. Any vehicle access between the two properties must be blocked off. Vehicle access from the properties to the ditch road is not permitted; 7) The horse boarding operation must be operated with a special use permit, if it was established after zoning was implemented for the area.

3. EHRLICH MINOR RESIDENTIAL DEVELOPMENT AND REZONING

(#96-EX0912): NW 29-05-69 - SOUTH SIDE OF COUNTY ROAD 18,

3/4 MILE WEST OF COUNTY ROAD 21; 4.09 ACRES; 2 LOTS;

FO-FORESTRY ZONING

This is a request for rezoning from FA-Forestry to R-Residential and approval of a Minor Residential Development to divide a 4-acre parcel, adjacent to ROW and Prairie Trails PUD, into 2 lots of 1.7 and 1.8 acres for single family residential use. Staff findings are: 1) The rezoning of this property to R-Residential is consistent with its location within the Loveland UGA; the actual development will occur with the proposed Minor Residential Development; 2) With the approval of the Prairie Trails PUD, the neighborhood has changed. This approval will further facilitate the development and access to this development; 3) The proposed zoning is consistent with the surrounding area and with the adjacent, approved development. The proposed Minor Residential Development is consistent with the proposed density and character of this neighborhood; 4) The rezoning of this property will not affect the use of the property; 5) Division of this property will have addressed all technical issues associated with the provision of services and design, although many are tied to the development of the adjacent PUD.

The staff recommendation is for approval of the Ehrlich Minor Residential Development and the rezoning of the site from FA-Forestry to R-Residential, with the following conditions: 1) Applicant must designate building envelope on the Final Plat; 2) Pay park fees at building permit; 3) Pay drainage fees at building permit; 4) Pay school fees at building permit; 5) Pay road fees at building permit; 6) No building permits will be issued until the infrastructure is in place and accepted for the Prairie Trails PUD; 7) Dedicate ROW for CR 18; 8) Dedicate ROW for the access road to this site as well as the Prairie Trails PUD; 9) Engineered footings and foundations are required on all new structures; 10) Radon testing pursuant to current county policy will be required for all new dwellings; 11) Grant of easement and agreement to the South Side Ditch Company; 12) Lot owners shall enter into an agreement regarding participation in the maintenance of the access roads, with the developers of the Prairie Trails PUD.

4. CONTINENTAL WEST FIRST FILING, LOTS 10 & 11, AMENDED PLAT

(#97-SA1055): 06-06-69 - SOUTH END OF HORSETOOTH RESERVOIR;

.52 ACRES; 2 LOTS; O-OPEN ZONING

This is a request to reconfigure two existing lots so the house on Lot 10 no longer encroaches on the lot line or utility easement. Staff findings include: 1) Continental West Subdivision was approved in 1970; 2) A house was built on Lot 10, but too near the side lot line. The house encroaches on the adjacent lot and the utility easement along the common lot line. The Amended Plat is intended to correct the encroachment; 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 10 and 11, Continental West First Subdivision and the vacation of the utility easement along the common lot line.

5. CRYSTAL LAKES 6TH FILING, LOTS 73 & 74, AMENDED PLAT

(#97-SA1056): 01-10-74 IN CRYSTAL LAKES; 1 ACRE; O-OPEN ZONING

This is a request to combine two existing lots resulting in one building site. Staff findings are: 1) Crystal Lakes 6th Filing was approved in 1972; 2) The lots in Crystal Lakes are relatively small for a mountain subdivision; combining the lots reduces the density and increases the size of the building site; 3) The County Health and Engineering Departments, and all utilities serving this area, reviewed the proposed Amended Plat and stated no objections; 4) Vacating the utility easement along the common lot line will allow building to occur near the center of the site. The staff recommendation is for approval of the Amended Plat of Lots 73 and 74, Crystal Lakes 6th Filing, and the vacation of the utility easement along the common lot line.

6. CLYDE SMITH MINOR RESIDENTIAL DEVELOPMENT EASEMENT

VACATION (#97-SA1058): 32-04-69 - WEST SIDE OF COUNTY ROAD 21,

SOUTH OF COUNTY ROAD 4; 6.79 ACRES; FA1- FARMING ZONING

This is a request to vacate an existing utility easement. Staff findings include: 1) Clyde Smith MRD was approved in 1992. During the review of that project, it was anticipated that an easement would be needed to accommodate water and natural gas lines to serve the existing dwelling on Lot 3. An easement was placed on the Final Plat; 2) The Little Thompson Water District and the Public Service Company reviewed the proposed easement vacation and stated no objections; 3) A new easement should be granted across Lots 1 and 2 to allow repair and maintenance of the water and gas lines serving Lot 3; 4) The new house of Lot 2 encroaches on the utility easement and the title company will not allow the closing to occur until the encroachment is corrected.

The staff recommendation is for approval of the vacation of the utility easement across Lot 2, Clyde Smith MRD, with the condition that a new easement be granted across this lot to accommodate the actual location of the existing water and gas lines. The owner of Lot 1 should also be contacted to grant a new easement across that lot.

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners adopt the staff findings and the Planning Commission/Urban Growth Area Review Board and staff recommendations and approve the McCormick Minor Residential Development (#96-EX0971); Harris Subdivision (#96-SU0866); Ehrlich Minor Residential Development and Rezoning (#96-EX0912); Continental West First Filing Lots 10 and 11 Amended Plat (#97-SA1055); Crystal Lakes 6th Filing Lots 73 & 74 Amended Plat (#97-SA1056); and the Clyde Smith Minor Residential Development Easement Vacation (#97-SA1058); each, with the conditions as outlined.

Motion carried 3 - 0.

7. RIVERSIDE FARM PLANNED UNIT DEVELOPMENT (#96-MS0823):

SE 27-04-69 - SOUTHEAST CORNER OF U. S. HIGHWAY 287 AND

COUNTY ROAD 4E WITH COUNTY ROAD 17 ALONG THE EASTERN

BOUNDARY OF THE PROPERTY AND THE LITTLE THOMPSON

RIVER LOCATED AT THE SOUTHERN END OF THE SITE; 107.98

ACRES; 45 LOTS; FA1-FARMING ZONING

This is a request for approval of the Preliminary Phase Plan to divide 108 acres into 45 residential lots, with an average lot size of 1.02 acres and provide 54.34 acres of open space. Staff findings include: 1) The PUD proposal is consistent with both the Larimer County Master Plan and the Berthoud plan. The plan clusters development on the site, connects the lots to a central sewage system and leaves significant open areas as a part of the plan. The site is within the Urban Reserve area of the plan which anticipates development at these densities; 2) The FA-1 zoning of the site allows for development of this type to occur. The density is consistent with the PUD regulation for the FA-1 district

as well; 3) The development has significant buffers to adjoining land uses. The land uses to the south and west are compatible with this proposal. The adjacent agricultural lands are buffered and the existence of agricultural uses will be noted on the plat; 4) The applicant has responded to all agency comments and concerns. There are no unresolved agency concerns; 5) With certain revisions to the plan, as noted in the comments from the Engineering Department, and with the conditions related to the approval of the use of the River Glen waste water treatment plant, proposed by the Health Department, the plan meets the technical requirements of the regulations; 6) This PUD will not adversely affect the transportation network in the area. The additional traffic will not cause a traffic hazard or safety concern and County Road 4E will be paved as a part of the PUD. No additional improvements are needed on Hwy 287, based upon the comments from CDOT: 7) The open space areas of the plan provide for buffering of the uses, substantial open areas along the Little Thompson River corridor, and include a reasonable plan for the maintenance and development of the common areas; 8) The proposal is consistent with the intent and purpose of the regulation consistent with the intent and purpose of the PUD regulations, allowing for a more flexible and creative design.

Chair Disney expressed concern about the potential impact of this development on Highway 287; he referred to several contradictions in the staff report regarding the installation of a northbound right-turn lane." Mr. Helmick responded that correspondence from the Colorado Department of Transportation (CDOT) states: "As the Department is planning to construct right turn lanes with the widening project for State Highway 287, they are no longer requesting the developer to construct the lane." Chair Disney expressed concern regarding the improvements being made concurrent with the trip generation from the development and, if for some reason CDOT does not make those improvements in a timely manner, he thinks there should be some kind of condition to address the concern. Mr. Helmick stated that they could add a condition to require separate collateral in a development agreement that would guarantee those improvements. Chair Disney stated he would be comfortable with a condition that if CDOT loses the funding for these improvements, that would trigger the developer having to do it before building permits are issued. Much discussion followed.

Dan Grove, property owner and developer, stated that he has no problem with paving 4E concurrent with the development of the first phase, but he has trouble with constructing the right-hand lane before any building permits are issued, because they will probably be ready to pull building permits by the end of this year; he requested some reasonable delay, such as the end of 1998.

Milan Karspeck, Trustee on the Berthoud Town Board, submitted a packet of information for the Board to review; he noted that the Trustees reviewed this information three times and recommended denial of this development. He quickly reviewed their concerns: 1) It is on prime agricultural land down by the river bottom; 2) This area has a lot of historical significance to the Town of Berthoud; 3) This area has been identified as the Gateway to the Region in the 1995 Northern Colorado Regional Planning Study; 4) The Larimer County and Town of Berthoud Open Space Study along the Little Thompson River just began; 5) It does not meet Berthoud guidelines for rural development clusters; 6) It does not meet the Berthoud development guidelines; 7) In the Larimer County Comprehensive Parks Master Plan, this area has been identified as an important trail area; 8) The area is just outside of the Berthoud Urban Growth Management Area. Mr. Karspeck stated he is not trying to stop this development, but wants it to proceed in an appropriate fashion as it is a very critical area for Berthoud, the region, and the County. Mr. Helmick responded to Mr. Karspeck's concerns and noted that the Parks Department has been actively involved in the review of this proposal and has worked with the applicant and is dedicating a trail easement in an appropriate location.

Dan Grove assured the Board that he has bent over backwards to work with the Town of Berthoud and he has responded to their concerns. Mr. Grove referred to the letter on page 124 of the staff report from the Town of Berthoud stating that this proposal does meet the definition of rural development clusters; he noted that this property no longer is economically feasible to farm and it wasn't adjacent to the UGA until a couple of months ago. In summary, Mr. Grove stated that the Planning Commission recommended approval of this project, and he has satisfied every one of the conditions raised by the Town of Berthoud and he will continue to work with them.

Ron Sisk, homeowner in River Glen Subdivision, discussed his concern regarding the capability of the existing River Glen Subdivision sewer system, which barely meets their requirements, accepting 45 more homes in this system. Mr. Sisk also referred to a statement made by Larimer County that "new urban uses will be located only in designated urban areas in and around existing cities and towns"; he noted that this subdivision doesn't meet that requirement and he asked the Board if they really plan to help keep agriculture in Larimer County or just let developers build wherever they want. Mr. Sisk stated that this is one of the best pieces of ag land in Larimer County and should be used for agriculture, not open space or development. In response to the concern about the sewer, Mr. Ryan stated that in the early phases, the applicant did submit a preliminary engineering analysis of the amount of sewage that would be generated and tied that in with the design capacity of the existing sewage plant; based on that preliminary analysis, it appeared that from a technical standpoint the plant did have adequate capacity to accept and treat the sewage from the system. Mr. Ryan acknowledged that the existing sewage plant has had some difficulty in meeting discharge standards, but they believe that the reason is because of low flow through the plant. Dan Grove responded to Mr. Sisk's concern about the County's direction; he stated that if Mr. Sisk would read the project overview letter to learn of the many environmental proposals he has made, it would make him feel better about the project. Mr. Karspeck stated that rural cluster development should be 1/2 mile beyond the urban growth management area. Berthoud resident Madeline Dillon expressed her support for the comments made by Mr. Sisk and Mr. Karspeck and also is concerned about the impact of this development on the traffic, growth in the area and the impact on the schools, and connecting into the sewer system over the riparian areas.

After much discussion, the conditions of the Planning Commission/Staff recommendation of approval for the Riverside Farm PUD Preliminary Plan were amended as follows: 1) Provide an agreement with the River Glen Homeowners Association to provide waste water treatment to be submitted with the final plat; 2) An application for revision to the River Glen treatment plant site approval shall be made prior to submitting the final plat; 3) Revision of the site approval for the River Glen treatment plat shall be completed prior to recording of the final plat; 4) If the site approval indicates that a revision of the discharge permit for the River Glen treatment plant is required, the revisions shall be completed and approved prior to issuance of building permits; 5) Dedication of ROW for the adjoining County Roads 17 and 4E, as requested by the Engineering Department; 6) Dedication of ROW for Hwy 287, as requested by CDOT: 7) Paving of CR4E, coordinated with the paving of CR 17 and the improvements to Hwy 287; 8) All engineering plans must comply with the requirements of the Engineering Department, as detailed in their letter of January 23, 1997; 9) Negotiate with the County Parks Department on relocating the trail easement outside of the riparian corridor; 10) Submit a final landscape and management plan for all open space areas, at final plat; this shall include cost estimates and improvement guarantees; 11) All commitments of record, either in the file or a part of the hearing record, are part of this approval; 12) Payment of park fees at building permit; 13) Payment of road fees at building permit; 14) Payment of school fees at building permit; 15) All structures shall require a complete soils investigation and engineered footings and foundations; 16) All building permits shall comply with the current radon testing procedures; 17) The plat shall contain the typically required notes regarding the existence of agricultural uses, wildlife, prairie dogs and mosquitoes; 18) Those irrigating out of the Elgin Ditch will be provided with an easement that addresses their concerns; 19) Right-turn lanes at the 4E/287 intersection shall be constructed prior to the issuance of building permits by CDOT or the developer is responsible for their construction; this condition and timing of improvements is to be determined and reviewed prior to Final Plat approval.

M O T I O N

Commissioner Olson moved that the Board of County Commissioners adopt the staff findings and Planning Commission/Staff recommendation and approve the Preliminary Phase Plan for the Riverside Farm Planned Unit Development (#96-MS0832), with the conditions as outlined and amended.

Motion carried 3 - 0.

8. LIVERMORE FIRE PROTECTION DISTRICT (#97-RR1020):

This is a request to create a new taxing authority to provide fire protection and emergency services in the Livermore area. Chair Disney stated that this item was removed from the consent agenda because the Board has received several letters requesting exclusion from the district. Mr. Kadera stated that the purpose of today's meeting is to set a hearing date to consider the service plan for the Livermore Fire Protection District and at that hearing it will be appropriate to consider requests for exclusion. Staff findings are: 1) A proposed service plan for the Livermore Fire Protection District was filed with the Larimer County Clerk and Recorder pursuant to State statute; 2) Notice of the proposed service plan was mailed to all taxing authorities within three miles of the proposed district pursuant to State statute; 3) A copy of the proposed service plan was sent to all referral agencies in the area to be served by the proposed district; 4) The proposed service plan meets all the minimum requirements of State statute regarding the formation of a new special district. The staff recommendation is to set a hearing date on Monday, June 23, 1997 for consideration of the proposed service plan for the Livermore Fire Protection District.

Kevin Kline, Fire Service Consultant, stated that if a property owner is excluded from the district, the district has the right to invoice them for services rendered if there is an incident on their property; he noted that exclusions do create jurisdictional problems.

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners adopt the staff findings and staff recommendation and set a hearing date on Monday, June 23, 1997 for consideration of the proposed service plan for the Livermore Fire Protection District.

Motion carried 3 - 0.

9. INFORMATION ITEM REGARDING LENART MINOR RESIDENTIAL

DEVELOPMENT (#96-EX0899):

Ms. Evans reminded the Board that public hearings regarding the Lenart MRD were held on March 10 and April 7, 1997; she stated that the Findings and Resolution were signed by the Board last week and she wanted to note for the record that a slight change was made to one of the conditions approved during the public hearing dealing with the easement for the irrigation ditch. Ms. Evans stated that the applicant is in agreement with the change.

10. DISCUSSION ITEM:

Commissioner Clarke asked if a meeting has been scheduled with the Commissioners and the City of Fort Collins Growth Management Committee; Mr. Timm responded that the Committee is meeting today to discuss the Master Plan and the meeting to discuss the Intergovernmental Agreement with the Board will be scheduled soon. Commissioner Olson stated that an E-Mail received today indicated two possible dates in July for this meeting. Commissioner Clarke stated that he would like to attend the Fort Collins City Council Meeting tomorrow night to discuss the Board's interest in having a good relationship with the City and in working together on an intergovernmental agreement and to convey the message that the Board is looking forward to the meeting in July. Much discussion followed; it was noted that the Board is scheduled to be in Livermore tomorrow tonight for County Seat for a Day. Commissioner Clarke suggested that the Board respond to the memo with a resolution instructing our staff to attend the meeting and to work on the issues raised in the memo. Commissioner Olson suggested that possibly she and Chair Disney also could attend the meeting with the Mayor and Manager next week. At this time, County Manager Frank Lancaster joined the meeting; he noted that the City did not send the memo listing the concerns, it was internal correspondence and a part of the agenda package; however, he thought the resolution was a good idea to address the concerns raised. Mr. Lancaster will prepare a resolution for the Board to sign tomorrow during Administrative Matters.

11. REPORT ON GROWTH MANAGEMENT COMMITTEE MEETING:

Chief Planner Russ Legg joined the meeting and reported on the Growth Management Committee Meeting he just attended; he noted they are very supportive of the PLUS Master Plan, which is on the agenda tomorrow night, and they are appreciative that the Commissioners want to meet with them in July.

The hearing adjourned at 4:55 p.m.

TUESDAY, JUNE 17, 1997

ADMINISTRATIVE MATTERS

(#202 & 203)

The Board of County Commissioners met at 9:00 a.m. in regular session with County Manager Frank Lancaster. Chair Disney presided; Commissioners Clarke and Olson were present. Also present were: Linda Hopkins, Facilities Project Coordinator; Chip Steiner and Rick Goodale, Downtown Development Authority; Carol Block, Finance Director; Terri Bryant, Chief Accountant; Alan Holmberg, Anderson & Whitney, P.C.; Ralph Jacobs, Human Resources Director; Joe Ferrando, Community Corrections Acting Director; Kathyrn Rowe, Purchasing Director; Janelle Henderson, Natural Resources Director; Doreen Kemp, Human Resources Specialist; Ginny Riley, Deputy Director of Programs; Wayne Buhlig, Weatherization Program Manager; Charles Lucas, Weatherization Estimator/Inspector; Donna Hart, Commissioner's Office Staff Services Manager; and Deni LaRue, Community Information Manager. Recording Clerk, S. Graves.

1. OPEN SESSION FOR PUBLIC COMMENT: Max Widtfeldt and Tony Neff addressed the Board stating they are the new managers of the Trilby Mobile Home Park and are in the process of cleaning and improving the park. Mr. Widtfeldt noted that the park has had drug problems in the past and they think that drug dealing is still taking place and there needs to be more surveillance in the park; they continued that the reason for coming today is to seek assistance, guidance and direction from the Board on how to address this problem. Mr. Neff stated that he has taken down a lot of license numbers and called Investigator King but was told he needed more evidence before the District Attorney will take the case. After further discussion of the situation, Chair Disney advised Mr. Widtfeldt and Mr. Neff to personally discuss this matter with Sheriff Shockley or Undersheriff Kammerzell, and the Board will also talk to the Sheriff about the problem.

2. APPROVAL OF MINUTES FOR THE WEEK OF JUNE 9, 1997:

M O T I O N

Commissioner Olson moved that the Board of County Commissioners approve the Minutes for the week of June 9, 1997, as submitted.

Motion carried 2 - 0; Commissioner Clarke refrained from voting as he was attending the CCI Summer Conference last week and did not attend the meetings.

3. APPROVAL OF SCHEDULE FOR THE WEEK OF JUNE 23, 1997:

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners approve the Schedule for the week of June 24, 1997, as submitted and revised.

Motion carried 3 - 0.

4. APPROVAL OF CONSENT AGENDA:

M O T I O N

Commissioner Olson moved that the Board of County Commissioners approve the following documents as listed on the Consent Agenda on Document Review for June 17, 1997:

MISCELLANEOUS DOCUMENTS: South Nokomis Lake Subdivision Amended Plat - Lots 1-3, Block 4; Glacier View Meadows Ninth Filing Amended Plat - Lots 99 & 100; and Herold Amended Minor Residential Development Plat. LIQUOR LICENSES: County approval was granted to Cottonwood Hollow - 6% - Livermore, CO. and Villa Tatra - 6% - Lyons, CO. A 6% SPECIAL EVENTS PERMIT was granted to the Glen Haven Volunteer Fire Department, Inc. in Glen Haven, CO. on July 5, 1997.

A97-104 USE TAX COLLECTION AGREEMENT BETWEEN THE BOARD

OF COUNTY COMMISSIONERS AND THE TOWN OF WINDSOR

A97-105 MEMORANDUM OF UNDERSTANDING AGREEMENT BETWEEN

THE BOARD OF COUNTY COMMISSIONERS AND THE BUREAU

OF RECLAMATION (Lease of Reclamation Lands, Water and Facilities

for Public Recreation Purposes)

A97-106 CONVEYANCE OF PERMANENT SLOPE/DRAINAGE EASEMENT

AGREEMENT BETWEEN THE BOARD OF COUNTY

COMMISSIONERS AND LAWRENCE LEMPKA, CAROL BORCIC,

AND KENNETH LEMPKA, AS TRUSTEES FOR THE EDWARD J.

LEMPKA AND IRENE A. LEMPKA TRUST (Project #170)

A97-107 AGREEMENT BETWEEN THE BOARD OF COUNTY

COMMISSIONERS AND IMAGE PROCESSING SYSTEMS

(Provision of Electronic Imaging Requirements Analysis for the

Department of Community Services)

A97-108 AMENDMENT TO THE BOARD OF COUNTY COMMISSIONERS

OF THE COUNTY OF LARIMER INDEPENDENT CONTRACTOR

AGREEMENT BETWEEN THE BOARD OF COUNTY

COMMISSIONERS AND THE FORT COLLINS COLLISION

REPAIR (Provision for Body Repair of Vehicles)

D97-22 DEED OF DEDICATION BY ARTHUR LEE AND SARA LYNN

JOHNSON (Dedication of Property for Public Highway - Project #170)

C97-30 1997 PAVEMENT MARKING CONTRACT BETWEEN THE

BOARD OF COUNTY COMMISSIONERS AND WARNING LITES

AND EQUIPMENT, INC. (Project #9028)

C97-31 SINGLE ENTRY POINT AGENCY CONTRACT BETWEEN THE

BOARD OF COUNTY COMMISSIONERS AND THE STATE OF

COLORADO FOR USE AND BENEFIT OF THE DEPARTMENT OF

HEALTH CARE POLICY AND FINANCING - DEPARTMENT OF

COMMUNITY SERVICES (Long Term Care)

R97-66g FINDINGS AND RESOLUTION APPROVING AMENDMENTS TO

THE LARIMER COUNTY RURAL LAND USE PROCESS

R97-67s FINDINGS AND RESOLUTION GRANTING AN EXEMPTION FOR

A DIVISION OF LAND FROM THE DEFINITION OF THE TERMS

"SUBDIVISION" AND "SUBDIVIDED LAND" FOR THE GENEVA

COMMUNITY PRELIMINARY RURAL LAND PLAN

R97-68s FINDINGS AND RESOLUTION GRANTING AN EXEMPTION FOR

A DIVISION OF LAND FROM THE DEFINITION OF THE TERMS

"SUBDIVISION" AND "SUBDIVIDED LAND" FOR THE MARSH

ESTATES PRELIMINARY RURAL LAND PLAN

R97-69g RESOLUTION TO DETERMINE ELECTION JUDGES

COMPENSATION

Motion carried 3 - 0.

5. REQUEST TO AMEND AGENDA TO CONSIDER ADOPTION OF A RESOLUTION:

M O T I O N

Commissioner Olson moved that the Board of County Commissioners amend the agenda to consider the Resolution with the City of Fort Collins on Land Use Planning and the Development and Implementation of the Larimer County Partnership Land Use System.

Motion carried 3 - 0.

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners approve the Resolution Concerning Cooperation with the City of Fort Collins on Land Use Planing and the Development and Implementation of the Larimer County Partnership Land Use System, and authorize the Chair to sign same.

Motion carried 3 - 0.

R97-70g RESOLUTION CONCERNING COOPERATION WITH THE CITY

OF FORT COLLINS ON LAND USE PLANNING AND THE

DEVELOPMENT AND IMPLEMENTATION OF THE LARIMER

COUNTY PARTNERSHIP LAND USE SYSTEM

6. APPROVAL OF PARKING CENTER AGREEMENT:

Mr. Lancaster requested Board approval of a partnership Intergovernmental Agreement by and among the City of Fort Collins, the County of Larimer, and the Downtown Development Authority. Mr. Lancaster informed the Board that this agreement moves the parking garage off Block 31 to Block 21, the America Lot, and will provide 987 parking spaces to meet the needs for downtown and will save $2.2 million off the cost of the Justice Center; he reviewed the conceptual drawings of the parking garage with the Board. Much discussion followed; Mr. Goodale stated that the concept of partnership needs to be conveyed to the voters because it speaks to efficiency, less cost, and the ability to work together.

M O T I O N

Commissioner Olson moved that the Board of County Commissioners approve the Intergovernmental Agreement by and among the City of Fort Collins, Colorado, the County of Larimer, Colorado, and the Fort Collins, Colorado Downtown Development Authority, and authorize the Chair to sign same.

Motion carried 3 - 0.

A97-109 INTERGOVERNMENTAL AGREEMENT BY AND AMONG THE

CITY OF FORT COLLINS, COLORADO, THE COUNTY OF

LARIMER, COLORADO AND THE FORT COLLINS, COLORADO

DOWNTOWN DEVELOPMENT AUTHORITY

7. ACCEPTANCE OF AUDITOR'S REPORT:

The audit of the financial statements of Larimer County, Colorado for the year ending December 31, 1996 was presented to the Commissioners, accompanied with an Executive Summary and Management Letter from the auditors containing their comments and recommendations, and the responses to those audit findings from the Accounting and Reporting Department. Ms. Bryant informed the Board that these financial statements are also listed on the Bulletin Board so they are available to the public. Mr. Holmberg briefly reviewed the Executive Summary with the Board; he expressed his appreciation for all the cooperation he received while performing the audit.

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners accept the auditors report of the financial statements of Larimer County for the fiscal year 1996, as presented.

Motion carried 3 - 0.

8. DISCUSSION OF STATE LOAN TO COMMUNITY CORRECTIONS:

Mr. Ferrando requested Board approval to accept a loan of $119,000 from the Division of Criminal Justice to use as seed money for the construction of a new facility; he noted it is an interest-free loan with a monthly payment of $990 for 120 months and the money would be derived from revenue generated from the additional beds. Mr. Ferrando stated that the contract has not yet been approved by the County Attorney's Office; questions from the Board and discussion followed.

M O T I O N

Commissioner Olson moved that the Board of County Commissioners approve the acceptance of a loan for $119,000 from the Division of Criminal Justice to use for the construction of a new facility for the Community Corrections Department, and authorize the Chair to sign same, contingent upon approval of the contract by the County Attorney.

Motion carried 3 - 0.

9. RENTAL OF STORAGE SPACE FROM THE CITY OF FORT COLLINS:

Ms. Rowe requested Board approval of funding to rent storage space from the City of Fort Collins on a month-to-month basis; she noted that they have been using storage space at Blue Spruce, but it is being remodeled into offices and now are without space for storage of furniture being held for auction. Ms. Rowe noted that Facilities has found them a new space on LaPorte Avenue at a cost of $288 per month, plus $30 per month for utilities; she noted that there is no money in the budget for rent because they have never had to rent space and the request is for $1,908 for six months.

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners approve the Lease Agreement between Larimer County and the City of Fort Collins at a cost of $288 per month for 864 square feet for storage space for surplus property, with monies to be derived from carryover.

Motion carried 3 - 0.

A97-110 LEASE AGREEMENT BETWEEN THE BOARD OF COUNTY

COMMISSIONERS AND THE CITY OF FORT COLLINS,

COLORADO (Lease of 210 West LaPorte Avenue for storage)

10. REQUEST FOR ADDITIONAL STAFFING FOR NATURAL RESOURCES DEPARTMENT:

Ms. Henderson requested Board approval of the addition of a Solid Waste Specialist position to the Natural Resources staff. Mr. Henderson stated that the Department has become increasingly dependent on outside consultants to perform routine solid waste activities, which is very costly ($58 per hour); she noted that in 1995 Natural Resources spent $110,000 on consulting services, $151,000 in 1996, and $160,000 has been budgeted for 1997. Ms. Henderson stated that adding one full-time staff member to perform many of these duties in-house would allow better utilization of time and resources while also saving money; she noted that no additional funding will be required for 1997, as money allocated for consulting services in the current budget will be redistributed to cover the cost of this position.

M O T I O N

Commissioner Olson moved that the Board of County Commissioners approve the creation of a new Solid Waste Specialist position in the Natural Resources Department, as requested.

Motion carried 3 - 0.

11. WEATHERIZATION STAFF RETIREMENT VESTING DISCUSSION:

Discussion ensued regarding a proposal to offer additional assistance to employees in the Weatherization Program whose services are to be discontinued as of June 30, 1997 as a result of the recent loss of funding for the Weatherization Program. Mr. Jacobs noted that a few employees have suggested that they be permitted to receive the additional vesting increment that they would have received had they remained employees through July 1997; he noted that this proposal was discussed with the Retirement Board, but they were not willing to make a change in the retirement policy to accommodate the situation. Therefore, the Human Development Department asked Human Resources to seek alternative methods to accomplish the desired outcome and they devised a proposal that will permit further vesting. A memorandum was drafted, and reviewed by the County Attorney, which outlined several options for the employees to consider and select; Mr. Jacobs reviewed those options. Ms. Kemp provided a status report of the thirteen weatherization employees; she noted that two employees have chosen not to access the readjustment services and the other eleven attended the first orientation meeting to pursue services to attend workshops and meet with career counselors to find employment.

Ms. Riley informed the Board that as far as cost for this proposal is concerned, they have submitted a close-out grant proposal with a budget to the State, and she has been informed that the proposal is going to be approved and they should have written confirmation by the end of the week. This proposal will extend the grant by two months and allow them to use grant funds for the close out; she noted that as it looks right now, there will be no cost to the County for the close out. Ms. Riley noted that there are several minor issues that could incur cost, but Human Development has a fund balance that could be used to cover those costs; however, she noted that the risk is low those funds will be used. Much discussion followed; Mr. Buhlig thanked the Board for the tremendous support they have shown to him and to his employees; the Board stated that the weatherization program was a good program and they are sorry it is being discontinued.

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners approve the waivers to the personnel policy, as requested by the Community Services Department, to provide assistance to weatherization staff affected by required layoffs.

Motion carried 3 - 0.

12. COMMISSIONER REPORTS:

-- Commissioner Olson referred to the memo received from Ms. Duchene regarding Boards and Commissions; she noted that she and Mr. Timm discussed the Urban Growth Area Review Board (UGARB) and have decided to do more recruiting for this Board. After discussion, it was decided that Commissioner Olson will attend the interviews to select the County representative on the Urban Growth Area Review Board.

-- Commissioner Olson stated that she has been asked by the Transferable Development Rights (TDR) Task Force to request a worksession with the Commissioners to provide an opportunity for them to give their progress report; Chair Disney suggested the Board meet with the TDR Task Force during one of their regular meeting times to hear their report.

-- Commissioner Olson suggested that when the Board goes to Estes Park on July 10, 1997 for the picnic hosted by Wendell Amos that they go up in the early afternoon for a Town Meeting; the Board concurred with the suggestion. Commissioner Clarke will attend with Commissioner Olson; however, Chair Disney has a prior commitment.

-- Commissioner Olson stated that Kathay Rennels suggested, from a conversation she had last Thursday night at the Open Lands Board Meeting, that a way to allow Linda Stanley to remain on the Open Lands Board, is for the Commissioners to ask the Planning Commission to appoint Kathay as their representative on the Open Lands Board and then the Commissioners appoint Linda Stanley to fill Kathay's term on the Open Lands Board. Commissioner Olson stated that, in recognition of the many hours Linda has spent working on land use issues, her involvement in the Open Space Tax Initiative, as well as her other contributions to the County, if the Board concurs, she will go to the Planning Commission meeting tomorrow night and make that recommendation; the Board wholeheartedly concurred with the suggestion.

-- Commissioner Clarke reported on the CCI Summer Conference he attended last week; he stated that the most interesting part was the session on welfare reform which involved the six Social Services Directors discussing the major changes that are going to come for those persons involved in administering welfare; he also reported that all the amendments in the CCI Bylaws passed unanimously. Commissioner Clarke continued that the most troubling part of the discussion was when Senator Tom Norton began to discuss State/County relations. Commissioner Clarke stated that one of his goals at CCI is to try and bring about a more congenial group when working with the State Legislature and he hopes the changes made in the Bylaws will be a step in the right direction. Chair Disney responded to that by stating that the difficulty with the State Legislature, in his opinion, is that the nature of their process naturally sets things up into an adversarial process and until they are willing to change their process to define what the real problem is, and then get the people to the table to construct the solution, the relationship probably won't improve. Commissioner Clarke added that there was also an interesting discussion on tax policy.

-- Chair Disney reported that he is still trying to get funds for Gateway Park.

13. WORKSESSION:

-- Request for Board to attend City Council Meeting: Mr. Lancaster informed the Board that Ms. Hopkins, Mr. Steiner and Mr. Goodale spoke to him in the hall after their meeting with the Board earlier this morning and they indicated they would be glad to convey the discussion the Board had about cooperation with the City but they thought it would have more of an impact if one of the Commissioners or Mr. Lancaster could come to the meeting to express those thoughts. However, as much as the Board would like to comply, the Board and Mr. Lancaster have committed to attend the Livermore County Seat for A Day tonight and they need to honor their prior commitment.

-- Sign Posting on Country Club Road: Mr. Lancaster requested clarification from the Board on the posting of signs regarding truck traffic restriction on Country Club Road; he noted that Public Works Director Mr. Smith sent a memo outlining the downsides and effects of sign posting. Commissioner Clarke stated that he doesn't see a problem with putting up a couple of signs stating "No truck traffic" and it provides the Sheriff with an enforcement tool. Chair Disney suggested asking Road and Bridge and the Sheriff's Department to take a look at the other alternate routes that will be impacted by this action and possibly they should also be posted. Mr. Lancaster will discuss this matter with the Road and Bridge Department.

-- Ballot Language for Jail Project: Mr. Lancaster reviewed the revisions that have been made to the ballot language for the jail project; he noted that if all three facilities' ballot issues are approved, the tax will amount to only 5 cents for every $10 purchase.

-- Lack of Public Restrooms in Downtown Loveland: Mr. Lancaster was informed that downtown Loveland has no public restrooms; he discussed this matter with Facilities Manager Dick Anderson and he stated that the way the Loveland facility is designed, it looks like they could have a separate entrance and provide public restrooms without additional cost.

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

The meeting adjourned at 11:35 a.m.

____________________________________

JIM DISNEY, CHAIR

BOARD OF COUNTY COMMISSIONERS

( S E A L )

ATTEST:

_____________________________________

Sherry E. Graves, Deputy County Clerk,

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