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PROCEEDINGS OF THE BOARD OF COUNTY COMMISSIONERS

MONDAY, SEPTEMBER 15, 1997

LAND-USE PLANNING MEETING

(#241)

The Board of County Commissioners met at 3:00 p.m. in regular session with Rob Helmick, Senior Planner. Chair Disney presided and Commissioner Clarke was present; Commissioner Olson is attending the Systematic Development of Informed Consent Workshop this week. Also present were: Al Kadera, Subdivision Administrator; Richael Michels, Planner II; Lonnie Sheldon, Project Engineer; and Jeannine Haag, Assistant County Attorney. Recording Clerk, S. Graves.

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

1. RIPSAM FARM MINOR RESIDENTIAL DEVELOPMENT (#97-EX1069):

NE 12-4-69 ON SOUTH SIDE OF COUNTY ROAD 12, WEST OF COUNTY

LINE ROAD (COUNTY ROAD 904), 3/4 MILE EAST OF U. S. 287;

40.83 ACRES; 2 LOTS; FA-1 FARMING ZONING

This is a request for a Minor Residential Development to divide 5 acres from 40.8 acres for a new single family residence. The existing farm house will remain on the 35.8 acre lot. Staff findings include: 1) This proposed Minor Residential Development appears compatible with the surrounding land uses; 2) The Larimer County Health and Engineering Departments, as well as other reviewing agencies, have reviewed this proposal and have stated no objections to it; 3) The proposed Minor Residential Development is in compliance with the Larimer County Land Use Plan, Zoning Resolution, and Subdivision Resolution; 4) The approval of this subdivision, with certain conditions, should not adversely affect the health, safety, or welfare of existing residents.

The staff recommendation is for approval of the 2 lot Ripsam Farm MRD, with the following conditions: 1) 35' of total right-of-way is required on the applicant's side of each road and shall be shown on the Final Plat; 2) A brief drainage report is required for the 5-acre parcel; 3) A letter of commitment for water service from the Little Thompson Water District must be provided prior to recording the Final Plat; 4) Any improvements required by Little Thompson Water District, to either provide domestic water or fire protection facilities to this project, must be made prior to recording the Final Plat; 5) The following notes must appear on the Final Plat: 1) An off-site road see (Section 2.8) of $676 will be collected at the time of building permit for a new residential structure; b) Park Fees will be collected at the time of building permit for new residential structures; c) School Fees for the Thompson R2J School District in the amount of $332 will be collected at the time of building permit for new residential structures; d) Passive radon mitigation measures shall be included in construction of residential structures on these lots. 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; e) Engineered footings and foundations are required for new residential construction; f) An engineered septic system will be required for the 5-acre parcel; g) Uses on this property are limited to single-family residential; h) All utilities must be installed underground; I) Mosquitoes may be a nuisance on this property. Larimer County is not responsible for mosquito abatement and any land owner initiated abatement activities must meet all Federal, State and Local rules and regulations; j) Prairie dog colonies exist in the area of this property and may migrate to this property. Prairie dogs have been known to carry plague. Larimer County does not perform prairie dog control; k) There are existing agricultural activities in this area that may produce dust, odors and noise. Larimer County will not take any action to stop or hinder legal agricultural uses of nearby properties; l) There is the potential for wildlife interaction or property damage in this area. Property owners should take appropriate measures to protect property; neither Larimer County nor the State Division of Wildlife is responsible for damage or control of wildlife.

2. GLACIER VIEW MEADOWS 8TH FILING, LOTS 38 AND 39, AMENDED

PLAT (#97-SA1103) 24-09-72 - WEST OF LIVERMORE; 2.22 ACRES; 1 LOT;

E-ESTATE ZONING

This is a request to combine two existing lots and vacate the utility easement along the common lot line. Staff findings are: 1) The lots in Glacier View Meadows are relatively small for a mountain subdivision; combining the lots results in a better use of the site; 2) Vacating the utility easement along the common lot line will allow construction in the center of the site; 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 38 and 39, Glacier View Meadows 8th Filing, and approval of the vacation of the utility easement along the common lot line.

3. MCKEE CHARITABLE TRUST MASTER PLAN AND PRELIMINARY

PHASE PLAN TIME EXTENSION (#94-MS0431): SECTION 22, NORTH

1/2 SECTION 27, TOWNSHIP 06 NORTH, RANGE 69 WEST, 1 1/2

SQUARE MILES LOCATED BETWEEN COUNTY ROAD 18 AND COUNTY

ROAD 19, 1/2 MILE NORTH OF COUNTY ROAD 28; 960 ACRES; 328 LOTS;

FA-1 FARMING ZONING

This is a request to extend the Master Plan and Preliminary Phase Plan until October 24, 2002. Staff findings include: 1) The Master Plan and Preliminary Phase Plan for McKee Charitable Trust PUD was approved January 23, 1995, with numerous conditions; 2) The applicant requests an extension to the Master Plan and Preliminary Phase Plan approvals until October 24, 2002 to file the final phase plan; 3) The extension request was reviewed by County Health and County Engineering; no objections were noted; 4) The extension request was forwarded to the City of Loveland and the City of Fort Collins for review; 5) The approved phasing will need to reflect any purchases of the property and any consequent reduction in density; 6) The extension request is appropriate given the public interest in purchase and due to the complexity of the project the time necessary to prepare final plan documents.

The staff recommendation is for approval of the extension of the Master Plan and Preliminary Phase Plan until October 24, 2002. All conditions of approval, as stated in the Findings and Resolution dated January 23, 1995, shall continue to apply, and the following additional conditions shall be added: With respect to the option/purchase agreement: 1) If the existing contract fails, defaults or options are not exercised, all parties to the contract are obligated to notify the Larimer County Planning Department of such failure, default or unexecuted option within 14 days of the event; 2) Within eighteen (18) months of such notice, the current owner or applicant shall be required to submit either a complete Final Phase Plan/Final Plat application or request further extension, of the approvals; 3) Any Final Plat shall reflect the current ownership and disposition of land within the plat boundaries, and shall reflect the terms of the option agreement executed July 16-24, 1997, if exercised; 4) Phasing of the preliminary plan will also need to reflect the terms of the agreement, and any transfers pursuant to the agreement.

4. HIGHLAND HILLS PLANNED UNIT DEVELOPMENT 1ST FILING

RELEASE OF WARRANTY COLLATERAL (#93-MS0375): 23-06-68 -

1/2 MILE SOUTH OF STATE HIGHWAY 392 AND 1/4 MILE EAST OF

COUNTY ROAD 3

This is a request for release of warranty collateral for Highland Hills 1st Filing. Staff recommendation is for approval of the request for the release of warranty collateral for Highland Hills Planned Unit Development First Filing.

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners adopt the staff findings and staff recommendations and approve the Ripsam Farm Minor Residential Development (#97-EX1069); Glacier View Meadows 8th Filing, Lots 38 & 39 Amended Plat (#97-SA1103); McKee Charitable Trust Master Plan and Preliminary Phase Plan Time Extension (#94-MS0431); and Highland Hills Planned Unit Development 1st Filing Release of Warranty Collateral (#93-MS0375); each, with conditions as outlined.

Motion carried 2 - 0.

The hearing recessed at 3:05 p.m.

CONTINUATION OF LAND-USE PLANNING MEETING

(#241 @ 200)

The Board of County Commissioners reconvened at 7:00 p.m. in regular session with Keith Schuett, Planner II. Chair Disney presided and Commissioners Clarke and Olson were present. Also present were: Rex Burns, Project Engineer; and Jeannine Haag, Assistant County Attorney. Recording Clerk, S. Graves.

1. COLONY RIDGE ESTATES II (#97-SU0993): PART OF THE NORTHEAST

1/4 SECTION 3, TOWNSHIP 4 NORTH, RANGE 69 WEST OF THE 6TH P.M.

1/2 MILES SOUTH OF COUNTY ROAD 14, WEST OF AND ADJACENT TO

COUNTY ROAD 17 (SOUTH TAFT); 12.3 ACRES; 23 LOTS;

R-1 RESIDENTIAL ZONING

This is a request for Preliminary Plat approval for a replat of Lot 20, Block 2 and all of Block 8 of Colony Ridge Subdivision on 12.3 acres. Mr. Schuett reviewed the history of this site, noting that in 1972 the property was platted under FA-zoning; in 1985, the area was rezoned to R-1 Residential with a replat for 23 lots. Mr. Schuett stated that the applicants did not proceed with the replat, but the zoning remained; he informed the Board that the request today is for the same number of lots, with only minor changes. Staff findings include: 1) The proposal is consistent with the existing zoning for the property; 2) The proposal does comply with the intent and purpose of the Comprehensive Master Plan; 3) The proposal can be made harmonious with the surrounding neighborhood to the greatest extent possible with the attached conditions; 4) The proposal can be made consistent with the recommendations of the various review agencies with the attached conditions; 5) No comments have been received that would indicate an impact on adjacent land uses.

Kevin Forbes, representative for the applicants from CDS Engineering, discussed the major items of concern, i.e., drainage and traffic impact; he noted that this part of the subdivision collects all the surface ground runoff from the original Colony Ridge and enters into the drainage swells along Crestridge Drive and goes toward the detention pond on the east side of the subdivision. Mr. Forbes informed the Board that the applicants are proposing to excavate portions of the detention pond and increase the volume, which will help the current drainage situation; he continued that they also propose to do extensive improvements at the intersection of Crestridge Drive and County Road 17, which he described, and noted that these improvements will be very beneficial to the whole subdivision. Chair Disney noted that the Board received a letter from Phyllis and Earl Smith regarding this application and asking that it be read into the record; Commissioner Clarke read the letter aloud, enumerating the Smith's concerns with the proposal - traffic, access, drainage, etc.

The following persons addressed the Board regarding this proposal: Ron Bolton, Ron Richards, Olin Tucker, David Ott, Tanya Webb, and Grace Greene. Mr. Bolton asked who is going to pay for the westerly extension of Crestridge; Chair Disney read condition #22, which was just presented by staff, which addresses this street connection. Mr. Richards stated that his main concern is the issue of liability regarding the safety of the entrance being proposed as it is currently very dangerous and if 5 more homes are built to the north, without a traffic light at the intersection, it will further impair the site distance and increase the danger; his second concern is the homeowners each just spent over $3,000 to repave the roads in the subdivision and he asked who is going to pay when the roads need repaving. Mr. Burns responded to the concerns, noting that they have carefully looked at the site distance to the north and currently there is adequate site distance, but they will look at it again; with regard to the second concern, he stated that the residents that live along the road will be required to pay for repaving of the streets when necessary, which is consistent with policy in all subdivisions in Larimer County, and the traffic study which will be required will indicate whether or not there is a need for a traffic light and he noted that the left turn lane proposed will improve the existing traffic situation on CR 17. Mr. Tucker stated that he supports the application and thinks the traffic concerns have been addressed and thinks it is to the current homeowner's advantage to see this area developed in houses rather than for commercial use. Mr. Ott agrees with Mr. Tucker and noted that the Pine Hill area is developed in ranchettes on 5 to 6 acre parcels and the homeowners think of Pine Hill Drive as their private access to their property and would probably prefer not to have the road improved and become a throughway from Colony Ridge Subdivision; he stated he does not feel it is the developer's responsibility to improve that road. Ms. Webb stated she is not pro-growth or anti-growth, but she is for growth with a conscious and she is in opposition to this application, as proposed, and would like to see a compromise by a reduction in the number of lots proposed. Ms. Greene noted that the plat was denied in 1989 due to the concerns of the homeowners in Colony Ridge; she reviewed those concerns and noted that those same concerns exist today. Ms. Greene submitted a petition signed by 81 persons from 56 homes in this subdivision in opposition to this proposal; she discussed the traffic problems, water flow and drainage, and noted that the existence of bentonite clay in this area has resulted in severe cracking in the homes. Ms. Greene also submitted a letter to the Board from Mr. & Mrs. Leonard Ponce outlining their concerns with the proposal.

Mr. Forbes responded to the concerns raised; he noted that they are proposing to put in building envelopes using the County standards for setbacks to keep them toward the front of the lots on the west end; Chair Disney asked if the covenants will address the problem of landscaping and fences that might be built in the future that would reduce the line of sight. With regard to detention pond improvements, Mr. Forbes stated that the developer is bearing the cost for enlarging the detention pond; with regard to the traffic improvements proposed, he noted they are extensive and need to be done and will benefit the subdivision greatly and if the developer doesn't do it, it is not going to be done. Mr. Forbes acknowledged that there are problems with the soil, but he feels there is no problem that can't be alleviated and, if there are problems, it becomes the engineer's liability. Mr. Dushack, developer, responded to the bentonite clay problem and stated that the key issue to building on bentonite is proper drainage away from the home; he noted he lives in the subdivision and does not have any problems with cracks or heaving. With regard to the entrance, he too is concerned with safety and noted that the proposed 3-lane plan will greatly improve the safety. Mr. Dushack stated that the proposed application is consistent with the existing development and he noted he also would like to have a couple more stop signs erected on Crestridge to reduce the speed of the cars.

At this time the public comment portion of the hearing was closed and opened for Commissioner's remarks; questions from the Board and discussion followed regarding adequate right-of-way for additional lanes for CR 17, the addition of a condition that covenants address shrubs and fences not obstructing line of site, comments from Town of Berthoud regarding upgrading of sewer line before additional sewer taps are issued, etc. Mr. Schuett responded that at Final Plat stage, the applicant has to provide evidence of provision of sewer and water. Commissioner Clarke asked about density in this zone; Mr. Schuett responded that this proposal will have 1.9 acre lots and the minimum lot size requirement for R-1 Residential zoning is 10,000 sq. ft. with public water and sewer. In summary, Commissioner Clarke stated that traffic is always an issue and the proposed improvements will benefit everyone and improve the existing conditions, this project is 1/2 the allowed density, and he noted that bentonite clay is everywhere in Larimer County.

After further discussion, the conditions of the Planning Commission/Staff recommendation for approval of the Preliminary Plat for a replat of Lot 20, Block 2 and all of Block 8 of Colony Ridge Estates II, were amended as follows: 1) A complete detailed traffic study must be submitted; the traffic study must include, but not be limited to all concerns of the referral agencies; 2) A complete landscaping and buffer yard design must be submitted. The plant material should be other than deciduous trees and those trees should not be located on the top portion of the landscape berm. The extent of noise reduction must be demonstrated as part of this plan; 3) Evidence shall be submitted as part of the Final Plat application materials that the required fire flows of 500 gpm can be maintained and the location of all required fire hydrants have been approved by the Loveland Fire Prevention Bureau; 4) Information shall be provided that demonstrates that the access roads to the proposed development can accommodate a minimum gross vehicle weight of 65,000 pounds and that the turning radius of 50 feet using a B40 template is incorporated into the design; 5) Building envelopes must be established on each lot to ensure that construction does not take place in drainage swales; 6) Evidence needs to be provided that indicates if individual site building perimeter drains need to be incorporated; 7) Evidence that the development can comply with all Colorado's air quality laws on controlling fugitive dust emissions during construction and that all construction activities will comply with the requirements of the Colorado Department of Health and Environment, Water Quality Control Division; 8) The covenants for the development must address the homeowners responsibility for control of mosquito and wildlife nuisance conditions; 9) The Final Plat shall be noted and the covenants must also address: a) The responsibilities of the Home Owners Association for the maintenance and care of the outlots used as a landscape buffer and stormwater retention area; b) That there are adjacent agricultural uses and pesticides used in the area; c) Engineered footings and foundations are required for all structures; d) 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; 10) Written evidence that public water and sewer can and will be provided; 11) Total rights-of-way for County Road 17 is 120 feet. The Final Plat must show the dedicated half right-of-way of 60 ft. from the centerline of County Road 17; 12) Road maintenance must be addressed in detail. Should the applicant want the County to perform this task, information must be provided on how and why this should be accomplished; 13) Streets within the subdivision shall be no less than 32 feet wide from flow line to flow line; 14) Drainage easements shall be no less than 20 feet wide at all locations, larger easements may be required to accommodate storm water flows; 15) The final erosion control plan that is required should follow the format of the example shown in Appendix A of Section 10 of the Larimer County Storm Water Management Manual. The plan shall indicate locations and type of temporary erosion and sediment control measures on the site map. The narrative shall describe maintenance of temporary measures during development and a schedule of installation. Permanent measures shall also be described in detail; 16) Tract A and Tract B shall be labeled on the plat as drainage easements, landscape easements, and that no structures can be built within this area; 17) Existing and final contours of the surface after finish grading must be included in the overlot grading plan. The plan must also show the minimum top of foundation grades for houses to be placed on each lot, and it must show minimum walkout basement floor levels for those lots which "back" onto the detention ponds; 18) The swale riprap section should show either filter cloth or gravel bedding beneath the riprap; 19) Park Fees, School Fees, and Road fees shall be paid for as part of the building permit application; 20) Stormwater drainage leaving the site shall not impact downstream property owners; 21) Any damage done to Crestridge Drive by the developer must be repaired within six months of the time the damage occurred; 22) For secondary access to the subdivision, the Final Plat application materials shall commit to a minimum of a 20 foot wide all weather surface (consisting of a minimum of 4 inch depth of a class 5 or class 6 gravel road base) on the street connection of Crestridge Drive to Pine Hill Street. The developer will be asked to participate on a pro-rata share basis with the property owners on Pine Hill Street in repairing pot holes. The developer shall not be responsible for repairs to Pine Hill Street if the adjacent property owners on Pine Hill Street are not willing to contribute to those repairs; 23) The developer shall require, as part of the covenants for Block 1, that structures, fences, or landscaping, including shrubs and trees shall not obstruct available sight distance from Crestridge Drive to southbound traffic on County Road 17; 24) The applicant will be required to construct certain additional auxiliary turn lanes on County Road 17 to accommodate existing traffic on County Road 17 together with traffic increases generated by the proposed development. The needed lanes are left turn, northbound County Road 17, right turn decel, southbound County Road 17, and right turn accel eastbound Crestridge Drive to southbound County Road 17. As part of the Final Plat, the applicant shall submit detailed plans for construction of the turn lanes. The plans must include detailed geometry of the lanes both horizontal and vertical, a striping plan for the lanes, a traffic control plan for construction of the lanes, and a structural design for the lanes. The geometry of the lanes must take into account and provide for left turns into the Maplecrest Subdivision at the offset intersection with County Road 17.

M O T I O N

Commissioner Olson moved that the Board of County Commissioners adopt the staff findings and the Planning Commission/Staff recommendation and approve the Preliminary Plat for a replat of Lot 20, Block 2 and all of Block 8 of Colony Ridge Subdivision on 12.3 acres, with the conditions as amended and outlined above.

Motion carried 3 - 0.

The hearing adjourned at 9:00 p.m.

TUESDAY, SEPTEMBER 16, 1997

ADMINISTRATIVE MATTERS

(#243 @ 300)

The Board of County Commissioners met at 9:00 a.m. in regular session with Neil Gluckman, Assistant County Manager. Chair Disney presided and Commissioner Clarke was present; as noted previously, Commissioner Olson is attending the Systematic Development of Informed Consent Workshop this week. Also present were: Lew Wymisner, Asst. Director Employment & Training Services; Jodi Hartmann, Weld/Larimer Revolving Loan Fund Administrator; Ralph Jacobs, Director Human Resources; Doreen Kemp, Human Resources Specialist; Robert Thompson, Community Development Program Specialist; Ed Schemm, Assistant Director Environmental Health; Dr. Adrienne LeBailly, Director of Health Department; Rex Smith, Director of Public Works; Larry Timm, Director of Planning; State Rep. Bill Kaufman; and Donna Hart, Commissioner's Office Staff Services Manager. Recording Clerk, S. Graves.

1. OPEN SESSION FOR PUBLIC COMMENT: During the open session for public comment, Tom Bender asked the Board about the status of the Ag Advisory Board; Chair Disney answered that the Board has appointed twelve of the fifteen members and for the remaining three positions they tried to attract some applications from the southern part of the County because the membership was heavily weighted toward north County. Ms. Duchene reported that four applications have been received and the additional appointments will be made during Administrative Matters on September 23, 1997. Mr. Bender also asked about the Right to Farm and Ranch Resolution; Chair Disney responded that as the Steering Committee finished their work on the new Partnership Land Use System (PLUS), and are now working on the draft for public hearing, the resolution, along with other documents, will be integrated into the Master Plan. Mr. Bender informed the Board that, with regard to the two ballot issues for facilities, citizens are asking if there is some way that money can be set aside in the budget process for capital construction so that in 20 years there will be money for expansion of the facilities and not require another tax; Chair Disney responded that the Board will work with the State Legislature to try and authorize County's to collect impact fees from new growth, which can be placed in an account for expansion of facilities.

2. APPROVAL OF MINUTES FOR WEEK OF SEPTEMBER 8, 1997:

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners approve the Minutes for the week of September 8, 1997, as submitted.

Motion carried 2 - 0.

3. APPROVAL OF SCHEDULE FOR WEEK OF SEPTEMBER 22, 1997:

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners approve the Schedule for the week of September 22, 1997, as submitted.

Motion carried 2 - 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 September 16, 1997:

PETITIONS FOR ABATEMENT, as recommended by the County Assessor, for the following: Mildred and David Shenk; Steve Danzing; Ruth & Donald Horak; Helen & Robert Mitchell; Sharon Jacoby; Anita Bruen Living Trust;Walter Hahn & Patti Kendall; Arlene Archibald & William Glenn; Muriel Lillian Morford; Margita & Joseph Lagrotta; Opal Bateman; Harold Feinbloom; Barbara & Vernon Bailey; Barbara & Richard Gannon; Deborah & Mark West.

MISCELLANEOUS DOCUMENTS: Continental West Subdivision 1st Filing Plat for Lots 10 & 11; Poudre Fire Authority Minor Land Development Plat; Amended Plat of Lots 1 & 2 of the Amended Lots 7, 8 and 9 of the X Bar Seven. LIQUOR LICENSES: Licenses were issues to: Larry's Southwest Liquor - 6% - Loveland, CO.; Bohemian Cottage Restaurant - 6% - Loveland, CO.; and Charco Broiler - 6% - Fort Collins, CO. County approval was granted for a Duplicate License to Sandy's Convenience Store - 3.2% - Loveland, CO.

Motion carried 2 - 0.

At this time, Chair Disney opened the public hearing to obtain citizen views and to respond to proposals and questions related to a proposed Community Development Block Grant Close Out and Application.

5. PUBLIC HEARING - COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) CLOSE OUT AND APPLICATION:

Ms. Hartmann informed the Board that they are closing out the existing CDBG contract, as they have fulfilled all the requirements with the State, and she submitted copies of the project completion report and summary detailing the activities that occurred. Ms. Hartmann stated that they are ready to start opening new contracts and today she is here to request Board approval for submittal of the application to the State for $650,000. Ms. Hartmann briefly reviewed a summary of all the loans that have been completed under the revolving loan program, noting that there were nineteen loans made under CDBG guidelines; she noted that they currently have on hand $381,000 in revolving money available for loans, but are completely out of CDBG funds. Ms. Hartmann stated that Mr. Wymisner attends the meetings as ex-officio member representing Larimer County. Mr. Wymisner stated that Larimer County is well served by the three appointees from Larimer County, Kathy Kregel, Karen Wolfe and Ron Schneider. It was noted for the record that no one came to the public hearing to comment on this matter.

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners approve the request to submit an application to the State of Colorado, Office of Business Development, for a Community Development Block Grant to obtain funds in the amount of $650,000 for continuation of the Weld/Larimer Revolving Loan Fund, and to close out the previous CDBG grant for $732,000, and authorize the Chair to sign same.

Motion carried 2 - 0.

At this time, the public hearing for the CDBG close out and application was closed.

6. ESTES PARK INTERGOVERNMENTAL AGREEMENT:

Mr. Timm prefaced the request for approval of the Estes Park IGA by stating that the approved Estes Valley Comprehensive Plan calls for the establishment of a Joint Planning Commission and the development of a single land use code for the Estes Valley, and that State Statute authorizes the Town and the County to enter into an Intergovernmental Agreement for these purposes; he noted that the IGA was approved by the Town of Estes Park on September 9, 1997. Representative Kaufman stated he came to the meeting today to encourage the Board to adopt this IGA; he noted that he and Senator Matsunaka sponsored this legislation in a joint cooperative effort, and he thanked the citizens of Estes Park, as this was their idea. Commissioner Clarke expressed appreciation to Rep. Kaufman and Senator Matsunaka for their efforts in bringing this about; Chair Disney concurred. Steve Stamey, Edward Pohl, and Al Sager from Estes Park were also in attendance for today's meeting for the signing of this IGA.

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners approve the Intergovernmental Agreement between the Board of County Commissioners and the Town of Estes Park, and authorize the Chair to sign same.

Motion carried 2 - 0.

A97-138 INTERGOVERNMENTAL AGREEMENT BETWEEN THE BOARD

OF COUNTY COMMISSIONERS AND THE TOWN OF ESTES

PARK, COLORADO

7. RESOLUTION SUPPORTING HOPE WEEK:

Mr. Thompson requested the Board to proclaim the week of September 21 - 27, 1997 as Homeless Organizations for Public Education (HOPE) Week; he noted this is a Statewide observance of homeless organizations and programs, causes and effects of homelessness, and systemic relationships to affordable housing, employment, etc. Mr. Thompson invited the Board to participate in the HOPE walk at 1:30 p.m. on Sunday, September 21, 1997.

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners proclaim the week of September 21 through 27, 1997 as Hope Week, and authorize the Chair to sign the Proclamation.

Motion carried 2 - 0.

8. RESOLUTION SUPPORTING THE MULTICULTURAL COMMISSION:

Mr. Jacobs requested Board approval of a resolution in support of cultural diversity programming and the Multicultural Commission; he noted that this resolution will replace the Intergovernmental Agreement that originally established the Multicultural Commission, which has expired. Mr. Jacobs stated that this resolution will document the County's support for the Multicultural Commission in a more appropriate legal format.

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners approve the resolution in support of cultural diversity programming and the Multicultural Commission, and authorize the Chair to sign same.

Motion carried 2 - 0.

R97-140g RESOLUTION CONCERNING CULTURAL DIVERSITY

9. REQUEST FOR OUT-OF-TITLE PAY:

Mr. Jacobs noted that the original request sent to the Board by memorandum for approval to allow the Health and Public Works Departments to give Mike Jorgensen and Steve Carow a 10% pay increase for the 1997 fiscal year to compensate them for the significant extra time and work required of them to implement the Project Accounting part of Financial Management System (FMS) in those departments, in addition to carrying out all of their regular, full-time duties, has been altered because of changes in the situation. Mr. Jacobs stated that he has just been informed that Mr. Carow has been hired by the Information Management Department and soon will no longer be employed in the Public Works Department. Discussion followed on how to address this situation because of the recent change in employment; it was decided that the recommendation now is to approve the request for a 10% pay increase for 18 months for Mr. Jorgensen, and for Mr. Carow it would be from January 1, 1997 until the time he accepts new employment. It was noted that this expenditure can be absorbed by both departments' existing budgets using unappropriated carry-over in Health and Road and Bridge funds in Public Works.

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners approve the request to grant Mike Jorgensen and Steve Carow a 10% pay increase for out-of-title work to implement the Project Accounting portion of FMS beginning January 1, 1997 for a period of 18 months for Mike Jorgensen, and for Steve Carow from January 1, 1997 until the time he assumes his new duties in his position in the Information Management Department; funds for this expenditure will be derived from both department's existing budgets.

Motion carried 2 - 0.

10. AGREEMENT WITH COUNTRY LIVING IN THE CITY, INC.

Mr. Schemm informed the Board that for several years the Health and Planning Departments have been working with a Mr. Coons to connect his mobile home park to the City of Loveland sewer collection system. Mr. Schemm continued that Mr. Coons has proposed to split an existing residence from an approximate two acre parcel and sell the residence; the money received from the sale would be used to make the connection to the sewer collection system, and the remaining portion of the land split would be attached to the existing mobile home parcel. The request before the Board today is to approve an agreement requiring that any proceeds from the sale of the residence are to be placed in an escrow fund to pay for sewer connections and this escrow fund and would require county approval prior to those funds being released to insure that the funds are used for sewer connection costs. Mr. Schemm informed the Board that with the housing project that Loveland just finished, the sewer line is right next door to the trailer park.

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners approve the agreement between the Board of County Commissioners for the use of the Larimer County Health Department and Country Living in the City, Inc., and authorize the Chair to sign same.

Motion carried 2 - 0.

A97-139 AGREEMENT BETWEEN THE BOARD OF COUNTY

COMMISSIONERS, FOR USE OF THE LARIMER COUNTY

HEALTH DEPARTMENT, AND COUNTRY LIVING IN THE

CITY, INC.

11. WORKSESSION:

-- Joint Meeting with the City of Loveland: Mr. Gluckman stated that the Board is hosting the joint meeting with the City of Loveland on September 30, 1997 and the agenda items are: Facilities, Memo of Agreement on Understanding of Cooperation of Facilities, Update on Fox Trot, and Density Management.

-- Informational Item: Mr. Gluckman reported that Steve Moore, Information Management Technical Support Manager, has put the Legislative Page on the Web and County Bulletin Board listing our policies on legislative positions, status of the bills we are tracking, etc.

-- Partnership Summit II Update: Mr. Gluckman provided an update on the Partnership Summit II to be held on October 30, 1997 from 8 a.m. until 5 p.m. at the McKee Medical Center in Loveland; he noted that Summit I was held in Estes Park in May 1996 and since that time, they have been gathering information from citizens on public trust and efficiency of delivery of government services and holding a series of focus groups to analyze the information and submit findings. Mr. Gluckman stated that the #1 issue raised by the citizens was with regard to how they are treated, how we respond to them, initial contact of first person they meet, response or lack of follow-up, effectiveness, and courtesy. Mr. Gluckman stated that there will be 45 community leaders at Summit II and Maggie Carter has agreed to facilitate the session in-kind; he submitted a draft copy of a letter to be sent to the leaders inviting them to the Summit for the Board to review and revise. Several revisions were made and Chair Disney recommended that all three Commissioners sign the letter.

-- Mental Health Advisory Board ByLaws: Mr. Gluckman submitted copies of the ByLaws for the Larimer County Mental Health Advisory Board for the Board to review before the meeting tomorrow night; the Mission Statement was reviewed and several revisions were made.

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

12. COMMISSIONER REPORTS:

-- Chair Disney noted that an invitation was received from Health and Human Services for the Board to attend the Colorado Conference on Welfare Reform.

-- Chair Disney noted that the well-known architect that designed Eagle Rock School in Estes Park and the Abbey being built in Virginia Dale is also working with our group on architecture and has invited him to participate in a conference for the Colorado Chapter of the American Institute of Architects on October 17 & 18. Chair Disney stated that there is a meeting scheduled for October 1, 1997 to set up the conference, which he would like to attend, but the Board has a public hearing scheduled for that same evening and he asked if Commissioners Clarke and Olson will both be available for the public hearing and he be excused; Commissioner Clarke said that would be fine.

At this time, County Attorney George Hass, Director of Environmental Health Jerry Blehm; Environmental Health Planner Doug Ryan; and Director of Planning Larry Timm joined the meeting for Legal Matters.

13. LEGAL MATTERS:

1. Sale of Lot 16 in Crystal Lakes: Mr. Hass requested Board approval of the sale of Lot 16 in Crystal Lakes, Thirteenth Filing, P.U.D., County of Larimer, State of Colorado.

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners approve the sale of Lot 16, in Crystal Lakes, Thirteenth Filing, P.U.D. and authorize the Chair to sign the Quit-Claim Deed and Resolution for Conveyance for that sale.

Motion carried 2 - 0.

D97-33 QUIT-CLAIM DEED & RESOLUTION FOR CONVEYANCE

TO CRYSTAL LAKES ROAD AND RECREATION AND WATER

AND SEWER ASSOCIATIONS FOR SALE OF LOT 16 IN

CRYSTAL LAKES THIRTEENTH FILING, P.U.D.

2. Noise Ordinance: Mr. Hass reported that the Ordinance Concerning Noise Levels in Unincorporated Larimer County, as drafted and presented at 1st Reading, has a permit system in it for amplified noise for indoor, outdoor, and explosive noise; however, after meeting with Mr. Timm and Mr. Blehm, they pointed out a lot of practical problems with the permit system and suggested a basic change to entirely eliminate any permitting under the Noise Ordinance and leave it strictly for establishing noise standards, both objectively in terms of certain decible levels and subjectively in terms of noise as best as we can define it. It was further suggested to add an amendment to the zoning regulations to address noise issues which would be subject to review. Mr. Hass suggested that a change be made to the zoning regulations to require that establishments that serve alcoholic beverages, and propose to have live entertainment, undergo special review for rezoning and then add conditions for special review compliance with the Larimer County Noise Ordinance; he noted that this would apply to quarry operations and would omit one-time events, such as outdoor rock concerts. Mr. Hass will make the revisions and present the new proposed Ordinance on Noise Levels to the Board Monday night; he noted that a change with regard to enforcement of the Ordinance on Noise and zoning regulations will be that three departments will be involved - Environmental Health, Planning, and the Sheriff's Department.

3. Executive Session:

M O T I O N

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

Motion carried 2 - 0.

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

________________________________________________

JIM DISNEY, CHAIR

LARIMER COUNTY BOARD OF COMMISSIONERS

MYRNA J. RODENBERGER

LARIMER COUNTY CLERK & RECORDER

( S E A L )

ATTEST:

______________________________________________

Sherry E. Graves, Deputy County Clerk

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