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PROCEEDINGS OF THE BOARD OF COUNTY COMMISSIONERS

MONDAY, OCTOBER 20, 1997

MEETING REGARDING HEALTH INSURANCE RENEWAL

(#256)

The Board of County Commissioners met at 2:00 p.m. in regular session with Ralph Jacobs, Director of Human Resources, and Patsi Maroney, Compensation & Benefits Specialist. Chair Disney presided; Commissioners Clarke and Olson were present. Also present were: Jean Moore and Bob Hiam, Representatives from William M. Mercer, Inc.; Frank Lancaster, County Manager; and Neil Gluckman, Assistant County Manager. Recording Clerk, S. Graves.

Ms. Maroney stated that the purpose of today's meeting with the Board is to request their approval of the 1998 renewal rates for the employee health insurance policy through PacifiCare. Ms. Maroney reminded the Board that when Larimer County switched to PacifiCare for the County's health insurance for 1997, we negotiated a 10% cap on the 1998 premium increase. Ms. Maroney stated that PacifiCare originally proposed a 9.3% rate increase for 1998; however, after our benefits consultants at Mercer reviewed the renewal calculations and negotiated with PacifiCare, they brought the renewal rates for the 1998 premium increase down to 5.9%. Ms. Maroney stated that their recommendation is that the Board accept the 5.9% renewal rates and split the difference in the increase equally between the County and the employees.

Ms. Moore submitted and reviewed a packet of information, including exhibits and graphs showing the County's costs for 1997, the projected costs for 1998, and the options for the Board to consider to decide if the majority of the 1998 increase should be passed on to the employees or if it should be shared/split between the County and employees. In reviewing the charts and graphs, Ms. Moore indicated that Larimer County is near the median when compared to other counties and public entities in almost every category; however, the one area in which Larimer County far exceeds all the others is in hospital costs. Ms. Moore stated that even though our length-of-stays in the hospital were shorter, the costs were much higher; however, Ms. Moore informed the Board that PacifiCare has entered into an agreement with Poudre Valley Hospital and they have agreed to significantly lower their costs.

Ms. Moore submitted copies of the "Healthwise Handbook" to the Board and to everyone in attendance at today's meeting; she noted that all employees will also receive a copy by mail when revised and updated. Ms. Moore also stated that a safety and health fair will be held in conjunction with the Risk Management Department.

M O T I O N

Commissioner Olson moved that the Board of County Commissioners accept the 5.9% renewal rates for the 1998 PacificCare employee health insurance coverage, and that the Board approve increasing both the County-paid and the employee-paid premiums by 5.9%.

Motion carried 3 - 0.

The meeting recessed at 2:40 p.m.

LAND-USE PLANNING MEETING

(#256)

The Board of County Commissioners reconvened 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: Carol Evans and Dan Tasman, Planners II; John Pedas, Code Enforcement Officer; Lonnie Sheldon, Project Engineer; Doug Ryan, Environmental Health Planner; and Jeannine Haag, Assistant County Attorney. Recording Clerk, S. Graves.

Chair Disney noted that the first two items listed on the agenda are consent and will not be discussed in detail unless requested by the Commissioners or members of the audience; Chair Disney asked that the Vranjes MRD be removed because additional conditions were submitted by staff and should be discussed for clarification. Carla Casewit requested that the Cimarron Lake Subdivision Amended Plat item also be removed from the agenda.

1. VRANJES MINOR RESIDENTIAL DEVELOPMENT (#97-EX1027):

36-04-69 - 2400 BREHM ROAD, 1500' NORTH OF COUNTY ROAD 9;

10 ACRES; 2 LOTS; FA-1 FARMING ZONING

This is a request for a Minor Residential Development (MRD) to divide a 10-acre lot into two lots of 2.3 acres and 7.7 acres for single family residential use. Mr. Tasman described the proposal and its location and reviewed the major issues involved; he noted that Brehm Road is a private road, maintained by the property owners. Staff findings include: 1) The proposed Vranjes MRD is in compliance with the Larimer County Land Use Plan, the Larimer County Zoning Resolution, and the Larimer County Subdivision Resolution; 2) The proposal is compatible with other development in the surrounding area; 3) Approval of the Vranjes MRD will not result in any significant impacts to neighboring properties, the natural environment, or the provision of services and infrastructure; 4) Property values in the surrounding area would not be adversely affected by the MRD. The staff recommendation is for approval of the Vranjes MRD, with a number of conditions and notes to be placed on the Final Plat. (These conditions and notes will be outlined in detail in the Minutes of the November 10, 1997 meeting, if this item is approved on that date).

The following adjacent property owners addressed the Board with their concerns: Joseph Bath and Charlene Corey. Mr. Bath read a letter aloud from a number of adjacent home and property owners requesting denial of this proposal because of the resulting increase in density in the Brehm Road neighborhood beyond that currently platted by use of the County's MRD process, and because it would set a precedent for the future pursuit of MRD subdivisions by other property owners along Brehm Road. Mr. Bath outlined how this proposal does not meet the MRD approval criteria and design standards, noting that: 1) "All developments must have direct access from the public road system"; he stated that Brehm Road is a private drive which exists as an easement for which the property owners have been granted a non-exclusive use and no formal structure exists for the maintenance of Brehm Road and residents must coordinate periodic maintenance to assure adequate fire response and residential access through voluntary contributions only; 2) "The requirements of the Larimer County Water, Sewer & Fire Safety standards shall be followed"; he noted that water service to Brehm Road properties is by a 6" Little Thompson Water line, which was installed by an assessment of the property owners several years ago and the nearest fire hydrant is at the corner of Brehm Road and County Road 902 and, according to the referral response from the Berthoud Fire Department, this MRD would require the installation of a new fire hydrant with a UFC flow requirement of 1000 gpm within 500' of the residential structure. Mr. Bath continued that according to a letter from the Little Thompson Water District, it appears questionable that such a hydrant placed at the end of a 2400 6" inch line would meet the required 1000 gallon gpm fire flow delivery. Mr. Tasman responded that his understanding is that Brehm Road is a dedicated public road and not an easement; Chair Disney commented that if the condition for meeting the 1991 UFC requirement of 1000 gpm can't be satisfied, then the Final Plat won't be approved. Mr. Corey stated that the easement on her deed is described as a 60 ft. easement for the ingress and egress of the property owners and she concurred that Brehm Road is not a public road.

Questions from the Board and discussion followed; Chair Disney asked counsel about denying access to a property. Ms. Haag stated that no property can be landlocked, but if someone has a property with no access, they do have the right to effectively condemn an access across someone else's property by filing suit to have it designated as access and paying for it.

Applicant Peter Vranjes responded to the concerns raised; he stated that with regard to the hydrant, the letter from the Berthoud Fire Protection District stated that if water of sufficient flow is unavailable, a residential sprinkler system must be installed with plans for the sprinkler system to be reviewed and approved by them. Mr. Vranjes continued that he doesn't know whether Brehm Road is private or not, but he does know that three homes have been built across the street and on each side of him and they have access to their homes. Mr. Sheldon stated that Engineering was concerned about public access as well, but when they saw the 60 ft. right-of-way, which is typically a publicly dedicated width, and an access easement is often less, it was assumed it was a public road; he stated that Engineering asked the applicants for a letter stating that they will participate in the homeowner's association and that letter has been received. Discussion followed.

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners table the Vranjes Minor Residential Development (#97-EX1027) until 3 p.m. on November 10, 1997 to allow time to resolve the question regarding access.

Motion carried 3 - 0.

2. CIMARRON LAKE SUBDIVISION AMENDED PLAT OF LOTS 20, 21 &

22 (#97-SA1133): W 1/2 23-08-69 - EAST AND SOUTHEAST OF THE

INTERSECTION OF COUNTY ROADS 17 AND 54H; 5.67 ACRES;

FA-FARMING ZONING

This is a request for an Amended Plat to reconfigure the common lot line between Lots 21 and 22 and to change the eastern boundary of Lot 20 to include a small area deeded to this lot from Water Supply and Storage Company. Ms. Evans described the proposal and stated that this proposal has no impacts on other properties, other than these three. Staff findings include: 1) Cimarron Lake Subdivision was recorded in 1994; 2) The proposed Amended Plat would reconfigure the common boundary between Lots 21 and 22, and would change the eastern boundary of Lot 20 to include an area deeded to this lot from Water Supply and Storage Company; 3) All utility companies serving the site and the Larimer County Health and Engineering Departments have reviewed the request and stated no objection; 4) Approval of the proposed Amended Plat should not result in any significant negative impacts on surrounding properties, services, transportation or the natural environment. The staff recommendation is for approval of the Amended Plat of Lots 20, 21 and 22, Cimarron Lake Subdivision.

Carla Casewit, resident from Cimarron Lake Subdivision, requested the Board to not approve this Amended Plat because the many families that live in Cimarron Lake are unaware of this attempt to change the Plat and have not approved it. Ms. Casewit informed the Board that common interest communities created after July 1992, like Cimarron Lake, are subject to a set of State Statutes, known as Kiowa, and the legal requirements to change a Plat are outlined in Section 17; she noted that Kiowa requires unanimous approval by the entire common interest community for such potentially high impact changes and, because the community has not seen the Amended Plat, they have not had the opportunity to determine if these changes are significant. Ms. Casewit stated that two Amended Plats have already been improperly recorded for this community and suits have been filed against them because the changes made failed under the restrictions of Section 217; she reviewed those changes, which were made without unanimous consent from the property owners and not discussed with the Commissioners. Ms. Casewit requested the Board to consider altering the County's land-use procedures so Plat changes comply with State law for Kiowa communities. The Board turned to legal counsel for advice; Ms. Haag responded that without having the Common Interest Ownership Act in front of her, and not being aware of Section 217, she cannot comment on this at this time. Dick Rutherford, Surveyor, stated that in this case there is no commonly owned land, it is all fee simple lots in a regular subdivision.

Sharon Hudson, applicant, stated that she has talked to other homeowners in the subdivision and they have no objections to this proposal. Ms. Casewit stated that Tract A is commonly-owned land and the lake is a commonly-leased area and is being affected by this proposal. Questions from the Board and discussion followed and the Board decided to take the following action:

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners table the Cimarron Lake Subdivision Amended Plat of Lots 20, 21 & 22 until 9:30 a.m. tomorrow during Administrative Matters to allow time for legal counsel to review Section 217.

Motion carried 3 - 0.

3. MORRIS MINOR RESIDENTIAL DEVELOPMENT APPEAL (#97-EX1122):

19-04-70 - 1820 PONDEROSA HILL ROAD IN LYONS, CO.; 41.4 ACRES;

1 LOT; O-OPEN ZONING

This is a request for appeal to allow the use of the Minor Residential Development (MRD) process instead of the full subdivision process to split a lot located outside of the area where the MRD process can be used. Mr. Tasman described the proposal and reviewed the major issues involved. Staff findings include: 1) The Minor Residential Development process was amended by the Board of County Commissioners in February 1993 to limit the types of property that are eligible to be subdivided without going through the full subdivision process. The subject parcel is located outside Townships 4 through 9 North in Range 68 and 69 West; 2) Planning staff consistently recommends denial of all MRD appeals; this is a policy decision which is more appropriately made by the Board of County Commissioners; 3) The full subdivision process is available to evaluate development and divide parcels that are not eligible for consideration under the MRD process. The staff recommendation is for denial of the Morris MRD appeal.

Earl Morris, property owner, stated that this appeal was drafted by Intermill Land Surveying and he read aloud portions of the letter from them describing the appeal request; he noted that the 48-acre lot to the south was split in half and the 3 lots to the west of him were also split in half. Chair Disney asked how those lots were split; Mr. Sheldon responded that the map of this area shows the Brown MRD, which he noted is in the same range as this property. Mr. Morris approached the Board and presented a copy of a map showing all the splits in the area.

Questions from the Board and discussion followed; Commissioner Clarke stated that because of the statement in the letter from Intermill Land Surveying indicating that this property of 41.4 acres was created prior to May 5, 1972 and has remained in its current configuration since its creation, and the fact that the parcel is naturally split by the presence of the Ponderosa Hill Road right-of-way, he is inclined to approve the request.

M O T I O N

Commissioner Olson moved that the Board of County Commissioners approve the Morris Minor Residential Development Appeal (#97-EX1122).

Motion carried 3 - 0.

4. HILL JUNKYARD/BUILDING PERMIT VIOLATION (#97-ZV1091):

LOT 15, CEDAR PARK 6TH REPLAT

This alleged violation is for storing several inoperable/unlicensed vehicles, household trash and other debris on the property and erecting buildings on the property without first obtaining building permits. Mr. Pedas provided the background information concerning the violation, described the location, and reviewed the major issues and concerns; he submitted pictures of the subject property, which were taken September 12, 1997. Staff findings are: 1) The subject property is zoned E-Estate; 2) Junkyards are not permitted in the E-Estate Zone; 3) Building permits are required for all structures built in Larimer County; 4) On-site sewage disposal systems are required for all residential uses; permits are required for all septic systems; 5) The use of the property impairs the public health and safety by creating undesirable adverse environmental influences; 6) Continued use of the property inconsistent with zoning, building and health department regulations will adversely affect property values in the area. The staff recommendation is to find that the violations exist, require compliance within 60 days, and authorize legal action if the deadline is not met.

The property owner was not present for today's hearing. Bill Whittaker, adjacent property owner, stated that his understanding is that camper trailers can only be on site for one year and only if they have building permits; Mr. Pedas responded that the County does not issue building permits for travel trailers, but does have a provision in the regulations to allow someone to use a single-wide mobile home as a temporary dwelling for up to one year while they are building their house. Mr. Whittaker submitted additional pictures of the site and stated that there are 32 of these travel trailers on this property, which don't have outhouses, and he asked what the Health Department is doing about this. Mr. Ryan responded that the Health Department has been involved and is working with Mr. Pedas on this matter. Mr. Whittaker stated that if the County would notify most of these people that they are in violation, he thinks they would cooperate and remove their trailers; he noted that only 5 or 6 of the trailer residents are problems.

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners find that the violations exist, require compliance within 30 days, and authorize legal action if the deadline is not met.

Motion carried 3 - 0.

The hearing adjourned at 4:20 p.m.

TUESDAY, OCTOBER 21, 1997

ADMINISTRATIVE MATTERS

(# 257 & 258)

The Board of County Commissioners meet 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: Jeanine Haag, County Attorney; Carol Evans, Planner II; Marcy Lynn McNeal, Team Fort Collins Representative; Lorrie Wolfe, Grant Program Coordinator; Averil Strand, Community Health Services Director; Drew Davis, Sheriff's Department; Deni LaRue, Community Information Manager; and Donna Hart, Commissioner's Office Staff Services Manager. Recording Clerk, Gael Cookman.

1. OPEN SESSION FOR PUBLIC COMMENT: David Vanwert explained that he represented a group of taxpayers from Estes Park who are very concerned with a zoning violation that has been going on in their neighborhood for three years; he noted that a property owner within the neighborhood illegally rents out his/her property for less than 30 days at a time. Mr. Vanwert explained that the County had a court injunction issued for this violation last year, but the neighborhood would now like the County to further pursue the situation as the neighborhood feels the violations are still happening. Commissioner Disney explained that the County had the court order issued, but that any further allegations would have to be settled in court by a judge; he further explained that zoning violations are occurring all over the County, some of which directly affect the health and welfare of the surrounding neighborhoods, but the resources are limited to be able to enforce them all. Mr. Vanwert then asked if the County would reimburse their group if they decided to take the individuals to court. Commissioner Disney stated that it would be irresponsible for the County to hand over a blank check to cover the legal fees that would be necessary to take these individuals to court; he again explained that due to limited resources, the violations have to be prioritized and those that directly affect the safety, health and welfare will be addressed first. Both Commissioners Clarke and Olson agreed.

Elenora Bartoli explained that the yearly public meeting for the Humane Society is not being properly published; she stated that she has called numerous places, including the Humane Society, and has been given conflicting information. Ms. Bartoli noted that she was always under the impression that the Humane Society was a County agency, but she was not too sure where the agency fit in with government. Chair Disney explained that the Humane Society is a private, non-profit agency, but that the County and other entities contract their services for animal control, etc. Chair Disney assured Ms. Bartoli that he would pass along her frustration to the Humane Society.

2. CIMARRON LAKE SUBDIVISION AMENDED PLAT OF LOTS 20, 21 & 22: Ms. Haag explained that she has researched the issue of Kiowa, or common-interest communities, which was in question during yesterday's planning meeting. Ms. Haag noted that she could not determine whether or not this is a common-interest community, given the documents she was presented with; she also noted that if this is a common- interest community, then the applicants would have to get approval from both the Commissioners and the executive board of the homeowners association. Commissioner Clarke stated that in the future, applicants of this nature should get approval from their homeowners association before coming to the Board for approval.

M O T I O N

Commissioner Olson moved that the Board of County Commissioners approve the Amended Plat for the Cimarron Lake Subdivision, Lots 20, 21 and 22.

Motion carried 3-0.

3. RED RIBBON WEEK PROCLAMATION: Ms. McNeal from TEAM of Fort Collins asked for the Board to proclaim October 23 - 31, 1997 as Red Ribbon Week, in the effort to encourage citizens to participate in drug prevention education activities. Commissioner Clarke read the proclamation out loud.

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners proclaim Oct 23 - 31, 1997 as Red Ribbon Week.

Motion carried 3-0.

4. APPROVAL OF BY-LAWS FOR SOLID WASTE TASK FORCE: Ms. Henderson requested Board approval for the Solid Waste Task Force By-laws. Chair Disney stated that he had a question with regard to the members of the Task Force electing a Chair, as he was under the impression that Ms. Henderson was to be the Chair. Ms. Henderson stated that it was against County policy to have a staff member act as Chair. Commissioner Olson stated she was also under the impression that Ms. Henderson would Chair this Task Force, as it is of a more technical nature; she suggested that the Board waive policy in this case. After discussion of the pros and cons of waiving the policy, the Board decided it was in the best interest of this Task Force to have Ms. Henderson act as Chair. Ms. Henderson then suggested that she be a non-voting Chair, and the Board agreed that this was a good idea.

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners County waive County policy so that Ms. Henderson can serve as the non-voting Chair of the Solid Waste Task Force.

Motion carried 3-0.

M O T I O N

Commissioner Olson moved that the Board of County Commissioners approve the By-laws of the Solid Waste Task Force, with the changes reflected in the above motion.

Motion carried 3-0.

5. APPROVAL OF MINUTES FOR THE WEEK OF OCTOBER 13, 1997:

Commissioner Olson moved that the Board of County Commissioners approve the Minutes for the week of October 13, 1997.

Motion carried 3-0.

6. USE OF SEED FUNDS TO SUPPORT TURNING POINT GRANT: Ms. Strand asked for approval to use $3,500 from Grant Coordinator Seed Funds to help support the Turning Point Grant objectives within the Healthier Communities Coalition; she stated that this will help develop a community health improvement plan, and that the State will receive over $300,000 dollars if this is approved, part of which will be used to gauge the success of this program. Ms. Wolfe noted that in this case, measurable outcomes will be obtained.

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners approve the use of $3,500 of the grant writer's funds contingent upon receipt of Kellogg and RWG grant approval for the Turning Point Grant within the Healthier Communities Coalition.

Motion carried 3-0.

7. SUPPLEMENTAL BUDGET REQUEST FROM COUNTY ASSESSOR: Mr. Lancaster explained that the Assessor has requested an additional $148,000 to supplement his 1997 budget.

M O T I O N

Commissioner Olson moved that the Board of County Commissioners deny the Assessor's request for supplemental funds.

Under discussion of the motion, Chair Disney stated that the Assessor is projecting he will go overbudget and this is why he has asked for the supplement.

Motion carried 3-0.

8. LEAF GRANT CONTRACT: Mr. Davis requested Board approval to continue participating in the Law Enforcement Assistance Fund (LEAF) grant project; he stated that this would help the Sheriff's Department in forming a DUI task force. Mr. Lancaster explained that County policy requires all grants to pay a cost allocation to cover indirect costs. If the grant does not allow indirect costs, the department must pay the cost allocation from its budget. However, in this case the Sheriff's Department did not want to allocate any funds to cover indirect costs; therefore, this issue has come before the Board to request a waiver of policy.

MOTION

Commissioner Clarke moved that the Board of County Commissioners approve the LEAF Grant contract and Resolution and waive the County requirement that the department pay cost allocation for the grant.

Motion carried 3-0.

C97-50 CONTRACT BETWEEN THE BOARD OF COUNTY

COMMISSIONERS AND THE STATE OF COLORADO

DEPARTMENT OF TRANSPORTATION FOR THE PROVISION

OF THE LEAF PROJECT.

R97-154g RESOLUTION APPROVING THE LAW ENFORCEMENT

ASSISTANCE FUND (LEAF CONTRACT #L-22-98)

9. APPROVAL OF SCHEDULE FOR THE WEEK OF OCTOBER 27, 1997:

MOTION

Commissioner Olson moved that the Board of County Commissioners approve the Schedule for the week of October 27, 1997.

Motion carried 3-0.

10. CONSENT AGENDA:

MOTION

Commissioner Clarke moved that the Board of County Commissioners approve the following documents as listed on the consent agenda on document review for October 21, 1997:

C97-51 CONTRACT BETWEEN THE BOARD OF COUNTY

COMMISSIONERS AND THE STATE OF COLORADO,

DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT

FOR THE PROVISION OF SUBSIDY FUNDS TO SUPPORT

EMERGENCY MEDICAL SERVICES.

R97-155s FINDINGS AND RESOLUTION APPROVING THE MCKEE

CHARITABLE TRUST MASTER PLAN AND PRELIMINARY

PHASE PLAN TIME EXTENSION

R97-156s FINDINGS AND RESOLUTION APPROVING THE RIPSAM FARM

MINOR RESIDENTIAL DEVELOPMENT

R97-157z SPECIAL REVIEW FINDINGS AND RESOLUTION APROVING

THE PETITION OF MOUNTAIN CONSTRUCTORS/FRIEND PIT

MISCELLANEOUS DOCUMENTS: Hiawatha Heights Lot 1 - Block 20 Amended Plat; Personnel Authorization Request for Community Services; Check Warrant Register for September 1997 for Social Services.

LIQUOR LICENSES: Licenses were issued to: Fargo County Roadhouse - 6% - Fort Collins, CO.; Red Feather Café and Bar - 6% - Red Feather, CO; American Legion Post Home Association - 6% - Fort Collins, CO. County approval was granted to: Kwik Korner - 3.2% - Berthoud, CO.

Motion carried 3-0.

11. WORKSESSION:

Mr. Lancaster stated that the seed funds for grant writers are already budgeted, and asked if the Board wanted to continue approving all of the requests, or if they would rather have him approve the requests under $10,000. The Commissioners agreed that it would be a good idea to give the County Manager authority to approve requests up to $10,000.

M O T I O N

Commissioner Olson moved that the Board of County Commissioners authorize the County Manager to approve grant seed funds requests up to $10,000.

Motion carried 3-0.

12. INVITATIONS: Ms. Hart reviewed the invitations with the Commissioners and they indicated to her which they could attend.

13. COMMISSIONER REPORTS:

Commissioner Olson stated that she was concerned that there was no set policy on how the departments charge for copies and asked that a policy worksession be scheduled to address this issue. Chair Disney stated that this was probably a good topic for the Department Heads meeting and Mr. Lancaster indicated that he would put this on the agenda for the Department Heads; Commissioner Olson also stated that she would do a TDR presentation on Thursday night for the Larimer Land Trust, and that she is working with Bill Kaufmann on the affordable housing issue.

Commissioner Clarke stated that he attended the welfare reform program; he noted that there has been some progress, but still a lot of work must be done in this area. Commissioner Clarke explained that impact fees were incorporated in the adopted CCI policies; also adopted was changing of the state law to allow counties to enact youth access ordinances for tobacco. Mr. Lancaster handed out a paper from Larry Timm regarding impact fees and said that it might be helpful to use when the citizens begin asking why we are charging impact fees. Commissioner Clarke had a problem with one of the statements in this handout as it implied that the County can collect impact fees for schools, but actually the County cannot do this as they can only collect money in lieu of land.

Chair Disney explained that he was invited to participate in the American Institute of Architects Conference; he stated that he gave a speech noting the fact that he is not very happy with some of the structures being built here in the County and surrounding areas. Chair Disney stated that he was pleasantly surprised that after he was done speaking, a number of participants wanted to figure out a plan to rectify this problem. Chair Disney stated that he suggested the idea of going to the four other counties and then to GOCO to get a planning grant that will focus primarily on the Front Range.

14. LEGAL MATTERS:

Ms. Haag and Ms.Evans explained that they were before the Board today because of a request to reconsider the Lampert MRD Appeal. Ms. Haag stated that reconsiderations are used with discretion in an effort to discourage applicants to come back for a second chance, if their request is not approved the first time. Roger Clarke, the attorney for this applicant, initially contacted the County Attorney's Office and asked if a reconsideration is possible, and although it is possible, Ms. Haag stated she felt that a resubmittal might be the better thing to do. Commissioner Clarke stated he thinks that procedurally, only the party that prevails should be able to ask for a reconsideration. Chair Disney stated if the Board begins to reconsider the decisions made by previous boards and staff, it could undermine the process set in place; he suggested that the applicant reapply, especially since the only thing that has changed from the last application are the members of the Board.

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners deny the reconsideration of the Lampert MRD appeal.

Motion carried 3-0.

Meeting adjourned at 11:20 a.m.

_______________________________________

JIM DISNEY, CHAIR LARIMER COUNTY

BOARD OF COMMISSIONERS

MYRNA RODENBERGER

LARIMER COUNTY CLERK & RECORDER

( S E A L )

ATTEST:

_______________________________________

Sherry E. Graves, Deputy County Clerk

______________________________________

Gael M. Cookman, Deputy County Clerk

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