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PROCEEDINGS OF THE BOARD OF COUNTY COMMISSIONERS

MONDAY, DECEMBER 22, 1997

LAND-USE PLANNING MEETING

(#274)

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

Chair Disney noted that the following are consent items and will not be discussed in detail unless requested by the Commissioners or members of the audience; a member of the audience requested that the Saratoga Estates Minor Residential Development item be removed from the consent agenda and Mr. Tasman indicated he had an additional condition to add to this item.

1. HIGHLAND HILLS PLANNED UNIT DEVELOPMENT 2ND & 3RD FILING

RELEASE OF COLLATERAL (#94-MS0560): NE 1/4 - 23-06-68 ON SOUTH

SIDE OF HIGHWAY 392, EAST OF COUNTY ROAD 30.

This is a request for release of collateral for Phase I of Highland Hills PUD 3rd Filing and release of warranty collateral for Highland Hills 2nd Filing and a request for replacement of lot sale restriction with a Subdivision Improvements Agreement and collateral for Phase II of Highland Hills 3rd. Staff recommendation is for approval of the release of collateral and Subdivision Improvements Agreement for Phase I (Lots 1-28) on Highland Hills 3rd Filing upon submission of warranty collateral to expire July 24, 1998; approval of the release of lot sale restriction for Lots 29-46 in Phase II of Highland Hills 3rd Filing and replacement with a Subdivision Improvement Agreement and collateral in the amount of $241,500, and approval of the release of warranty collateral in the amount of $6,000.00 for Highland Hills 2nd Filing.

2. KAUFFMAN MINOR RESIDENTIAL DEVELOPMENT RELEASE OF

WARRANTY COLLATERAL (#S-104-90):

This is a request for release of warranty collateral. Staff recommendation is for approval of the release of warranty collateral in the amount of $540.00.

3. GLACIER VIEW MEADOWS 3RD FILING REPLAT OF LOTS 5 & 6

RELEASE OF COLLATERAL (#93-SU0393): SE 09-09-72 - NE 16-09-72

SOUTH SIDE OF COUNTY ROAD 74E; 58.94 ACRES; E-ESTATE ZONING

This is a request for release of collateral for Glacier View Meadows 3rd Filing Replat of Lots 5 & 6. Staff findings include: 1) The replat of Lots 5 and 6, Glacier View Meadows 3rd Filing was approved in 1994; 2) Improvements for this project were included in a subdivision improvements agreement which was secured by $30,000 placed in an escrow account; 3) The improvements are complete, with the possible exception of reseeding the area around Mt. Tilitson Court, and the developer is requesting release of the collateral; 4) The County Engineer's staff has inspected the improvements and recommends that the collateral be released. The Glacier View Meadows Road and Recreation Association notes that they have concerns about the reseeding around Mt. Tilitson Court and request that collateral be retained to address this issue; 5) The County Engineer also recommends that warranty collateral not be required for this project. The staff recommendation is for approval of the partial release of collateral for the Replat of Lots 5 and 6, Glacier View Meadows 3rd Filing and warranty collateral not be required for this project. The collateral released is $28,000 of the $30,000 held in escrow. As an alternative, the applicant could provide $2,000 cash and the County could release the entire escrow account. The Planning staff would prefer the latter alternative.

4. REPLAT OF ROSTEK ADDITION LOT 6, BLOCK 2 (#97-SA1156):

09-07-69 - WEST SIDE OF SUNSET ST., SOUTH OF VINE DRIVE;

1 ACRE; 2 LOTS; FA-FARMING ZONING

This is a request to divide two existing houses with separate utilities into two lots of one half acre (gross) each. Staff findings are: 1) The Rostek Subdivision was platted in 1930; 2) Lot 6, Block 2 is occupied by two houses which were built in 1937 and 1941, prior to the adoption of the 1972 Zoning Resolution that permits only one principle building on a lot; 3) The request to use the Amended Plat process rather than the full subdivision process was heard and approved by the Board of County Commissioners on August 25, 1997; 4) The approval of this subdivision, with certain conditions, should not adversely affect the health, safety, or welfare of existing residents and will not create any additional impacts on roads, utilities or neighboring properties. The staff recommendation is for approval of the Replat of Rostek Addition, Lot 6, Block 2, with the following condition: The subdivision Final Plat must be titled "Replat" rather than "Amended Plat, so that it is clear that the lots were created, not re-configured by the plat.

5. CONNELL RESOURCES WELLINGTON DOWNS SPECIAL REVIEW

SIA TIME EXTENSION (#95-ZR0643): SW 1/4 - 03-06-68 - NORTH OF

COUNTY ROAD 36, WEST OF I-25 AND EAST OF FOSSIL CREEK

RESERVOIR INLET; 109.5 ACRES; FA-1 FARMING ZONING

This is a request to extend the deadline for completion of off-site improvements associated with the Wellington Downs Special Review as required by the SIA from October 1997 to May 1998. Staff findings include: 1) The Wellington Downs Pit was approved in 1995 and an SIA executed on January 3, 1996. The deadline for completion of the terms of the SIA was October 1, 1997; 2) The applicants need additional time to complete the required improvements and do not want their SIA to go into default; 3) The approval of this extension will not adversely affect the health, safety, or welfare of existing residents. The staff recommendation is for approval of the request to extend the term of the SIA for the Connell Resources Wellington Downs Pit.

6. PINEWOOD SPRINGS 12TH FILING, LOTS 39 & 40 AMENDED PLAT

(#97-SA1158): NW 1/4 - 28-04-71 - PINEWOOD SPRINGS, 147 & 185

IROQUIS; 2.9 ACRES; 2 LOTS; O-OPEN ZONING

This is a request for an Amended Plat to adjust the boundary line and utility easement between two lots. Staff findings are: 1) The proposed Amended Plat is in compliance with the Larimer County Land Use Plan, the Larimer County Zoning Resolution, and the Larimer County Subdivision Resolution; 2) Approval of the Amended Plat will not result in any significant impacts to neighboring properties, the natural environment, or the provision of services and infrastructure; 3) Property values in the surrounding area would not be adversely affected by the Amended Plat. The staff recommendation is for approval of Pinewood Springs 12th Filing, Lots 39 and 40 Amended Plat.

7. WILD MINOR RESIDENTIAL DEVELOPMENT (#97-EX1096): 19-05-69 -

6250 TIMBER RUN, 1/4 MILE WEST OF COUNTY ROAD 23E, 1 MILE

WEST OF BOEDECKER LAKE; 10.02 ACRES; FA-1 FARMING ZONING

This is a request to divide a 10 acre lot into two lots for single family residential use. Staff findings include: 1) The proposed Wild 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 Wild 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 Wild Minor Residential Development, with the following conditions: 1) The following notes shall be placed on the Final Plat: a) Park, school, offsite road improvements and any other applicable fees will be collected at the time of building permit for new residential structures. The fees collected shall be the current fees at the time of building permit application; b) This property is limited to single-family residential use and related accessory uses allowed in the zoning district. Only one dwelling unit is allowed on a lot; c) Larimer County is not able to mitigate wildlife problems such as skunks, snakes, prairie dogs, and others. Neither Larimer County nor the State Division of Wildlife is responsible for damage or control of wildlife; d) Mosquitoes may be a nuisance on this property. Larimer County is not responsible for mosquito abatement; spraying or other control of mosquitoes will be the responsibility of the property owner; e) 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; f) 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, put 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; g) All driveways over 100' long must be 15' wide and capable of supporting fire apparatus for the length of the driveway; h) All lot owners are obligated to hook up to sanitary sewer when it is available and to join any special improvement district which may form for the purpose of providing sanitary sewer; i) The United States easement is a restricted area and all construction activities in the easement should be coordinated with Western Area Power Administration. Only low growing plants are allowed in the Western Area Power Administration easement area. Buildings are not allowed in the easement; 2) A fire hydrant capable of flowing 500 gallons per minute must be installed within 300' of any new residential structure. In lieu of a hydrant, residential sprinklers may be installed, in accordance with NAPA 13.R and a permit issued through the City of Loveland Fire Prevention Bureau Fire Marshall's office; 3) A soils test must be performed to determine the suitability for an additional on-site sewer system, before the Final Plat is recorded.

8. WALTONIA STREET NAME (#97-OS1138): 1810 HIGHWAY 34 IN

WALTONIA SUBDIVISION, PART OF SECTION 9, TOWNSHIP 5 NORTH,

RANGE 71; O-OPEN ZONING

This is a request to change the previously unnamed North South road within Waltonia Subdivision and the road as it continues south of the subdivision to "Waltonia Road". Also, the previously unnamed road which runs East and West within the Waltonia Subdivision along the river to be named "Waltonia River Court". Mr. Schuett provided the background information for this request. Staff findings are: 1) Unique street names are important and needed to accommodate addressing of each dwelling; having specific street names within this subdivision and area will reduce confusion in locating specific addresses; 2) No objections to the proposed application or name change proposed by staff were received; 3) The proposed street name change will simply replace an address on Highway 34 (1810 Highway 34) with individual addresses within the subdivision and area; 4) The County Health and Engineering Department, and all utility and emergency service providers in this area, reviewed the proposed street name changes and stated no objections. The staff recommendation is that the previously unnamed North South road within Waltonia Subdivision and the road as it continues south of the subdivision be named "Waltonia Road" and the previously unnamed road which runs East and West within the Waltonia Subdivision along the river be named "Waltonia River Court".

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 Highland Hills PUD 2nd and 3rd Filings Release of Collateral (#94-MS0560); Kauffman Minor Residential Development Release of Warranty Collateral (#S-104-90): Glacier View Meadows 3rd Filing Replat of Lots 5 & 6 Release of Collateral (#93-SU0393); Replat of Rostek Addition Lot 6, Block 2 (#97-SA1156); Connell Resources Wellington Downs Special Review SIA Time Extension (#95-ZR0643); Pinewood Springs 12th Filing, Lots 39 & 40 Amended Plat (#97-SA1158); Wild Minor Residential Development (#97-EX1096); and Waltonia Street Name Change (#97-OS1138); each, with the conditions as outlined.

Motion carried 3 - 0.

9. SARATOGA ESTATES MINOR RESIDENTIAL DEVELOPMENT

(#97-EX1095): NW 1/4 - 31-06-68 - SOUTH SIDE OF COUNTY ROAD 28

(57TH STREET), ONE MILE EAST OF U. S. HIGHWAY 287, .7 MILES

WEST OF COUNTY ROAD 11; 14.08 ACRES; FA-1 FARMING ZONING

This is a request to divide a 14-acre lot into two lots for single family residential use. At this time, Mr. Tasman added condition #2, as outlined below and as agreed upon by the applicant and the Engineering Department Staff findings are: 1) The proposed Saratoga Estates 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 Saratoga Estates 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.

Applicant Jack Anderson noted that Engineering is requiring an easement by which they can divert flood waters through his property and he requested that instead of having an open drainage ditch, that the flood water be diverted through a covered pipe line for safety reasons. Mr. Sheldon responded that at the northwest corner of this subject property there is a lot of development under design and the stormwater drainage for those developments need to be diverted to some place near the subject west boundary line; he noted that it would it would be a natural earth lined ditch about 3 ft. deep. Karen Kittle, Frederick Land Surveying, asked if the Board cannot agree to having a covered pipe installed, could they include language in the conditions that the Andersons, or any future owners, would not bear any responsibility for the cost of either construction or maintenance of this ditch. Mr. Sheldon concurred that if the developments to the north and west are going to benefit from the use of the channel, they should pay for the cost of construction and ongoing maintenance of the ditch.

After much discussion of the easement and ditch, the staff recommendation and conditions of approval were amended as follows: 1) The following notes shall be placed on the Final Plat: a) Park, school, off-site road improvements and any other applicable fees will be collected at the time of building permit for new residential structures. The fees collected shall be the current fees at the time of building permit application; b) This property is limited to single-family residential use and related accessory uses allowed in the zoning district. Only one dwelling unit is allowed on a lot; c) Larimer County is notable to mitigate wildlife problems such as skunks, snakes, prairie dogs, and others. Neither Larimer County nor the State Division of Wildlife is responsible for damage or control of wildlife; d) Mosquitoes may be a nuisance on this property. Larimer County is not responsible for mosquito abatement; spraying or other control of mosquitoes will be the responsibility of the property owner; e) 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; f) 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; g) All driveways over 100' long must be 15' wide and capable of supporting fire apparatus for the length of the driveway; 2) The applicant must grant a 10' drainage easement that will represent a southerly extension of the 10' easement along the west boundary line; a) The cost of construction and maintenance of the drainage easement will not be borne by the owner of the property as a condition of this MRD approval.

M O T I O N

Commissioner Olson moved that the Board of County Commissioners adopt the staff findings and staff recommendation and approve the Saratoga Estates Minor Residential Development (#97-EX1095), with the conditions as amended and outlined above.

Motion carried 3 - 0.

9. PINEY KNOLLS SUBDIVISION RIGHT-OF-WAY VACATION

(#97-OS1159): NE 1/4 - 32-10-73 - 228 PINEY KNOLL DRIVE IN RED

FEATHER LAKES; .2 ACRES; O-OPEN ZONING

This is a request to vacate the 50' public right-of-way of Piney Knolls Drive between Lots 17 and 18 in the Piney Knolls Subdivision. Mr. Tasman stated that the only reason this item is not on consent is because there were some safety concerns about this vacation raised by the Sheriff's Department. Mr. Tasman noted that the applicant would like to build a garage to the west of her property and in order to comply with the setback requirements, the garage would need to be moved into the area of the current roadway, which is not used because of the existence of large boulders and the cost would be prohibitive to move them. Mr. Tasman stated that the concern of the Sheriff's Department is regarding emergency access to the subdivision which would be restricted by only one entrance in and out and they would like to keep the right-of-way open for a second access. Staff findings include: 1) The proposed vacation is in compliance with the Larimer County Land Use Plan, the Larimer County Zoning Resolution, and the Larimer County Subdivision Resolution; 2) Approval of the vacation will not result in any significant impacts to neighboring properties, the natural environment, or the provision of services and infrastructure; 3) Property values in the surrounding area would not be adversely affected by the vacation. The staff recommendation is for approval of the Piney Knolls Subdivision Right-of-Way Vacation, with the following condition: 1) A 10' easement must be dedicated in the path of the right-of-way to be vacated, for a pedestrian connection to the properties north and west of Piney Knolls Subdivision.

Mr. Sheldon stated that no one from Engineering has visited this site. Applicant Elsie Launer stated that in 1982 the County came to the property to see if they could construct a road at this site and it was determined that it would cost $250,000 because of all the large boulders. Ruth Young, adjacent property owner, stated that on the map it looks like you could use this right-of-way for an emergency access into the area, but the boulders are so big, it just can't be done without major construction. Mr. Sheldon stated that he would like to personally visit the site before a decision is made.

M O T I O N

Commissioner Olson moved that the Board of County Commissioners table the Piney Knolls Subdivision Right-of-Way Vacation (#97-SA1159) until February 2, 1997 to allow time for Engineering staff to visit the subject property site.

Motion carried 3 - 0.

11. JONES MINOR RESIDENTIAL DEVELOPMENT APPEAL (#97-EX1164):

17-04-69 - 1/2 MILE EAST OF COUNTY ROAD 23 ON SOUTH SIDE OF

COUNTY ROAD 10; 39 ACRES; FA-1 FARMING ZONING

This is a request for an appeal of the Minor Residential Development criteria to allow a parcel created after 1972 to proceed through the Minor Residential Development process. Mr. Helmick provided the background information for this request and reviewed the major issues and concerns; he noted that the original farm parcel of 160 acres was split this Fall into 35+ acre parcels and the request is to split off a 3-acre parcel from a 39 acre parcel because it is isolated from the farm by a large irrigation ditch. Staff findings include: 1) The Minor Residential Development process was amended in February of 1993 to limit the types of parcels that are eligible to be divided without going through the full subdivision process; 2) The full subdivision process is available to divide parcels that are not eligible for consideration under the Minor Residential Development process. A subdivision request on this property would be reviewed by the Larimer County Planning Commission prior to hearing with the County Commissioners; 3) This parcel was created after 1972 and is not eligible for the Minor Residential Development process; 4) Staff does not find circumstances or conditions of this property to be sufficient to justify a waiver of the regulations. The staff recommendation is for denial of the request for appeal of a waiver from the adopted Minor Residential Development criteria for the Jones Minor Residential Development Appeal (#97-EX1164).

Applicant Delmar Jones stated that he feels this is a legitimate request because this piece of ground is so separated from the rest of the property and they need to settle some family concerns. Chair Disney stated that the Board only grants a variance to the MRD criteria if there is public benefit and he asked Mr. Jones if there will be some public benefit of this appeal is granted; Mr. Jones responded that he is not aware of any public benefit. Ed Lempka, adjacent property owner, asked if this 3 acres includes the grassy piece of ground that borders CR 10; if so, he noted that he has the deed to this property and has been paying taxes on it for over 30 years. Mr. Helmick stated that they are aware of this property dispute issue and would require that it be resolved before any application could move forward; however, he noted that even if Mr. Lempka's acreage was excluded, there would still be 2.9 acres remaining, which would meet the minimum lot size requirement in FA-1 Farming Zoning. Questions from the Board and discussion followed; Commissioner Clarke advised Mr. Jones that an alternative for him would be to go through the Rural Land Use Process because granting this appeal is not in the best public interest.

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners adopt the staff findings and staff recommendation and deny the Jones Minor Residential Development Appeal (#97-EX1164).

Motion carried 3 - 0.

The hearing adjourned at 4:00 p.m.

TUESDAY, DECEMBER 23, 1997

ADMINISTRATIVE MATTERS

(#276 & #277)

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 Olson was present. Also present were: John Pollack, State of Colorado, District Court Judge Dressel,; Bob Keister, Budget Manager; Ginny Riley, Glen Rathgeber and Carol Gillespie from Community Services; Jim Reidhead RLUC Director; Brenda Gimeson, RLUC Technician; Ralph Jacobs, Director Human Resources; Averil Strand, Director Community Health Services; Marc Engemoen, Director Public Works; Jill Bennett, Senior Planner; Ed Woodward, Engineering Technician; and Deni LaRue, Community Information Officer. Recording Clerk, Sherry Graves.

1. OPEN SESSION FOR PUBLIC COMMENT: Marilyn Brown, Tom Bender, and Jim Brinks addressed the Board during the open session for public comment. Chair Disney noted that Ms. Brown called him previously about her housing problem and he discussed it with Commissioner Olson and Mr. Gluckman and they have done some research regarding her situation. Mr. Gluckman stated he called the Fort Collins Human Rights Office and was informed that the classification of discrimination that she is seeking is not a protective class and he has run into a brick wall outside of regular legal measures. Ms. Brown stated that she has contacted the Colorado Rural Legal Services and the Colorado Division of Civil Rights to no avail; she noted she had an application from AIM, which is currently doing the research for Trilby Mobile Home Park, and on the back of the application it asks qualifying questions, such as: "Have you or your spouse ever been evicted of rental housing or convicted of a crime?" Ms. Brown stated that if she answers "No", she violates her parole and if she answers "Yes", she cannot get accepted into a trailer court; she noted that the law says that when you have been convicted of a crime and do your time, you come out and you start anew, but these qualifying questions are preventing her from getting a new start. Mr. Gluckman stated that the only thing recommended to him was that she get an attorney as the County doesn't have any jurisdiction in a situation like this as it is a civil matter; he noted, however, that he will call the District Attorney to see if he has any advice and he will call the Colorado Rural Legal Services again to see if they can assist her in any way.

Tom Bender from Farm Bureau introduced Jim Brinks as the new National/State/Local Affairs representative for Larimer County Farm Bureau; Mr. Bender informed the Board that he is now vice president and in charge of policy. Mr. Bender reported that the "Right to Farm" Bill is being processed to become Statute and since Farm Bureau was the initiator of the Bill, they would like to offer their assistance when the hearings are held to explain why it was initiated, etc. Mr. Bender referred to the proposals which Farm Bureau made to be included in the Master Plan and noted that one of their requests was that for those items that were not included in the Master Plan, they would appreciate comments on each one as to why they were not included. Mr. Brinks asked about the agricultural districts; Chair Disney responded that they are still working on that and they will be defined after the "Right to Farm Ordinance" is passed. Mr. Bender stated that with reference to the agricultural districts, he opposes 7 of the 10 incentives and he will present his comments to the Ag Task Force. Commissioner Olson suggested that Mr. Bender and Mr. Brinks call Bob Hamblen in the Extension Office and offer the services of Farm Bureau to help with the "Right to Farm" hearings.

2. APPROVAL OF MINUTES FOR WEEK OF DECEMBER 15, 1997:

M O T I O N

Commissioner Olson moved that the Board of County Commissioners approve the Minutes for the week of December 15, 1997, as submitted and amended.

Motion carried 2 - 0.

3. APPROVAL OF SCHEDULE FOR WEEK OF DECEMBER 29, 1997:

M O T I O N

Commissioner Olson moved that the Board of County Commissioners approve the Schedule for the week of December 29, 1997, as submitted.

Motion carried 2 - 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 December 23, 1997:

MISCELLANEOUS DOCUMENTS: November 1997 Warrant Register for Social Services; Replat of Rostek Lot 6, Block 2; Earl Peterson Minor Land Division. LIQUOR LICENSES: Licenses were issued to: Fort Collins Moose Lodge #275 - 6% - Fort Collins, CO.; Masonville Store - 3.2% - Masonville, CO.; Schrader Country Store - 3.2% - Fort Collins, CO.; Spanish Manor - 6% - Fort Collins, CO.; and St. Louis Liquors, LLC. - 6% - Loveland, CO.

A97-164 AMENDMENT TO AGREEMENT BETWEEN THE BOARD OF

COUNTY COMMISSIONERS AND THE COLORADO CHILD

SUPPORT SERVICES, INC. (Purchase of Legal Services for Child

Support Enforcement)

A97-165 PURCHASE OF SERVICES AGREEMENT BETWEEN THE

LARIMER COUNTY BOARD OF COMMISSIONERS AND THE

WELD COUNTY BOARD OF COMMISSIONERS ON BEHALF

OF THE WELD COUNTY DIVISION OF HUMAN SERVICES

AREA AGENCY ON AGING (Reciprocal Ombudsman Services)

A97-166 HUMANE SOCIETY AGREEMENT BETWEEN THE BOARD OF

COUNTY COMMISSIONERS AND THE HUMAN SOCIETY FOR

LARIMER COUNTY

A97-167 CHILD SUPPORT ENFORCEMENT PURCHASE OF LEGAL

SERVICES AGREEMENT BETWEEN THE LARIMER COUNTY

ATTORNEY, GEORGE HASS, AND THE LARIMER COUNTY

DEPARTMENT OF SOCIAL SERVICES (COMMUNITY SERVICES)

C97-59 VACANT LAND/FARM AND RANCH CONTRACT TO BUY AND

SELL REAL ESTATE BETWEEN THE BOARD OF COUNTY

COMMISSIONERS AND BRITT E. AND LISA R. FLETCHER (Sale

of Lots 76 & 77 in Glacier View Meadows, 12th Filing P.U.D.)

R97-207s RESOLUTION REGARDING THE RELEASE OF RESTRICTIONS

ON SALE OF LOTS 29 THROUGH 46, 3RD FILING IN

HIGHLAND HILLS PUD

R97-208g RESOLUTION ESTABLISHING THE LARIMER COUNTY WEST

VINE BASIN STORMWATER UTILITY

R97-209g RESOLUTION APPOINTING THE LARIMER COUNTY PARKS

AND OPEN LANDS DIRECTOR

R97-210g RESOLUTION ESTABLISHING COMPENSATION FOR LARIMER

COUNTY APPOINTED OFFICIALS

R97-211g RESOLUTION ESTABLISHING RECOGNITION OF EFFORT

DURING 1997, EFFECTIVE JANUARY 1, 1998

Motion carried 3 - 0.

5. PRESENTATION ON STATE OF COLORADO AFFORDABLE HOUSING MANUAL: Mr. Pollack presented the State of Colorado Affordable Housing Manual to the Board and reviewed the highlights of same; he noted that the Manual is a useful resource document which: 1) Provides a framework and rationale for local governments to be involved in the housing arena; 2) Provides some methods that enable communities to recognize and understand the market; 3) Contains information on basic information on basic roles and tools for looking at options and increasing the supply of housing; 4) Contains a resource section that provides information on source of agencies. Mr. Pollack stated that he came before the Board today to discuss what the State Division of Housing does and what the Board may be able to do as government officials to help address affordable housing issues in Larimer County; he noted that he has been making an effort to do this throughout the State and their mission is to assist communities in providing safe and affordable housing for the residents of the community. Mr. Pollack stated that they have financial and technical assistance resources available to communities and they try to respond to what local communities say is important to them. Mr. Pollock noted that they have financial resources through HUD (Housing and Urban Development) and they receive $6 million annually from (Home Funds) which can be used for affordable rental housing or home ownership; they also receive $3.5 million of the CDBG (Community Development Block Grant) monies and Emergency Shelter Grant Funds. Mr. Pollack stated that Larimer County has been pro-active in the housing arena and they feel they have been very responsive to those needs; much discussion followed.

6. DISCUSSION OF GRANT FOR LARIMER COUNTY DRUG COURT: Judge Dressel introduced Michelle Brinegar from the District Attorney's Office, Joe Ferrando from Community Corrections, Tim Walsh and Roland Gilmore from Probation, Brian Erickson from Youth Services Bureau, and Magistrate Joe Coyte; he noted he has been acting as the facilitator for a task force which has been meeting for eight months discussing the status of juveniles, juvenile crime, etc. Judge Dressel stated that the group is not here today to ask for money, but may come back in the future to ask for the Board's support of a juvenile drug program and court enterprise; it was noted that with the growth in the County, the juvenile cases in the courts are increasing dramatically and this is a community problem. Judge Dressel stated that the task force reviewed the concept of a juvenile drug court as an idea that holds promise based on the number of juveniles who are involved in the use/abuse of alcohol or other drugs (A.O.D.) in the commission of criminal offenses. Judge Dressel continued that following a suggestion from District Attorney Stuart VanMeveren, the task force unanimously agreed that the initial focus should be on prevention through a diversion program that addresses: 1) first-time offenders wherein A.O.D. is involved; and 2) petty/misdemeanor drug offenses. Mr. VanMeveren suggested that instead of focusing on the juvenile that has a very serious problem, the focus needs to be at the other end and if we can address it up front, it will benefit the juvenile, his/her family, and the community. Judge Dressel stated that if the juvenile successfully completes the program, he/she will not have the matter filed against them. Judge Dressel stated that they came up with the proposal, which is a formal application for a Byrne grant to fund these programs for three years; he noted that the Byrne grant requires a 25% cash match and they are asking for a $160,000 grant. Judge Dressel stated that the program is not something that can be absorbed by the existing agencies, except for the Courts, as they believe the diversion program will impact the number of cases filed; he noted that they will also be asking for funds from other sources and will be looking at community resources willing to support this effort. much discussion followed. Commissioner Olson asked if the Board could help them in partnership in their efforts of requesting funding in the community. Judge Dressel asked the Board to consider a portion of the match if they come to them in the future asking for funding; Chair Disney stated that the well is dry as far as funding is concerned and he suggested they request funds from the Seizure Fund Committee and also the Cities need to step up to the plate with funding for this program.

7. REQUEST FOR APPROVAL OF FEES FOR THE RURAL LAND USE CENTER: Mr. Reidhead stated that the purpose of today's meeting with the Board is to request approval to create a fee structure and collect fees to recoup costs associated with the Rural Land Use Process; he noted that when the RLUP was adopted on December 16, 1996, it did not include any fee schedule nor addressed how fees are to be assessed and with no fees established, the taxpayers are completely subsidizing the program. Mr. Reidhead stated that the proposal before the Board is to create fees to recoup approximately 50% of the Rural Land Use Center's operating budget; he noted that the operating budget for 1998 is approximately $164,000 and a fee schedule was created based on the 1998 budget to recoup approximately $82,000. Mr. Reidhead stated that the rationale for charging these fees is that the private landowners benefit from this process and it is appropriate for the beneficiaries of the process to pay commensurate fees, and the public also benefits with the creation of open lands. Mr. Reidhead informed the Board that they came up with a three-tiered fee schedule to keep initial costs for the participating landowner at a minimum until after preliminary approval, keeping in mind that the RLUP is an alternative to the 35-acre use-by-right division of land; he noted that they want it to be equitable to all and he reviewed the advantages and disadvantages of the fee schedule. Mr. Reidhead stated that through the RLUP this past year, the County has picked up over 1400 acres of open space protected with a management plan. The Board expressed their concern that these fees might prevent people from coming in to go through this process and go back to the 35-acre division of land; Chair Disney stated that he thinks there is tremendous public benefit from this process, but it must be user friendly to the landowners. Much discussion followed.

At this time, Commissioner Clarke joined the meeting.

M O T I O N

Commissioner Olson moved that the Board of County Commissioners approve the fee schedule for the Rural Land Use Process, as presented, with an effective date of January 1, 1998.

Motion carried 3 - 0.

There was discussion whether or not projects currently in the process should be required to pay the fees associated with the remaining phases completed after January 1, 1998; the Board decided that these fees will be charged for all new applications, but not those already in the pipeline.

8. MERIT SYSTEM PAY FOR 1998: Mr. Rathgeber reminded the Board that every year the County Commissioners have to submit a salary plan to the State for the Merit System for the next year; he noted that this year under the Merit System, the State has provided for a 2.5% salary increase for clerical and clerical supervisors, social case workers and supervisors only and 0% increase for the remainder of the staff in Social Services. Mr. Rathgeber stated that in the past, they would compare the Merit System salaries with the County and if the Merit System was under, they would give a one-time bonus to make up the difference; this year, however, because they are going to be moving from the Merit System to the County on July 1, 1998, they will do an analysis of the salary differences and incorporate them in the changeover. Therefore, today Mr. Rathgeber is only requesting the Chair's signature on the salary plan which calls for exactly what the State says we can do under the Merit System.

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners approve the increase of 2.5% in Merit System salaries for designated groups, and authorize the Chair to sign the salary plan as requested.

Motion carried 3 - 0.

9. REQUEST FOR NEW POSITIONS IN THE COMMUNITY SERVICES DEPARTMENT: Ms. Gillespie provided a brief overview of the Larimer County Builds Community Program, which is a program to strengthen small communities and neighborhoods so they are empowered to respond to the internal social concerns of the members of the community as a whole and to strengthen participants in the Larimer County Works program in their efforts to retain financial and social stability through the development of empowering interdependent relationships. Ms. Gillespie reviewed what they have done in the Town of Wellington with the Asset Based Community Development Program and noted that rather than focusing on the needs of the community, they have focused on the assets and strengths of the citizens and associations. They have formed a core group which is now running their own meetings and has produced a community calendar; she noted that the next community they are going to focus on is the north Fort Collins neighborhood area. Ms. Gillespie described the Connections Program, which is being run by a number of organizations in different parts of the country in an attempt to move all of their welfare participants to employment; she described a model from the State of Michigan where participants are matched up to a group of trained volunteers (advocates) and form circles of support (5 to 7 adults) who stay very close to each family for up to two years; she noted that this program is strictly voluntary. Ms. Gillespie stated that the Corrections Program will require three new staff members, a volunteer coordinator and two case managers (partners) and these positions will be funded from CSBG grant funds and TANF funds and no County dollars will be required except for maintenance of effort for the TANF funds, which is a 20% match. Questions from the Board and discussion followed; Commissioner Clarke stated he would like to see some specific goals of this program and what they expect to achieve. Ms. Gillespie stated that she has a list of goals which, for the beginning of this program, are modest.

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners approve the three positions as requested for the Connections program, with funds to be derived from Community Services Block Grant (CSBG) funds and TANF funds.

Motion carried 3 - 0.

10. REQUEST FOR PERSONNEL WAIVER FROM THE HEALTH DEPARTMENT: Ms. Strand stated that last August there was a request from the Colorado Department of Health to increase Jennifer Poore's salary as they were hiring her into a higher level position; Ms. Strand provided the background information for this request and noted that the State wanted to change her classification and gave us the money for a 5% increment. Ms. Strand stated that after working with Human Resources, it was determined that the best option is to have this as a classification that does not fit into our pay plan and will not affect our budget because the cost is covered, but so that it would not affect other positions in the County that would want to use it as a benchmark; it is a State position in a County organization. Mr. Jacobs stated that he has created a separate classification for this position so it not part of a cluster of positions in the same classification and it will be identified separately; discussion followed.

M O T I O N

Commissioner Olson moved that the Board of County Commissioners approve a waiver of the identified Personnel Policies relating to the job reclassification system to permit reclassification of Jennifer Poore's position in the Community Health Division of the Public Health Department to be reclassified from Grade 159, Step I to Grade 162, Step H, retro-active to August 1, 1997.

Motion carried 3 - 0.

11. REQUEST FOR PERSONNEL POLICY WAIVER FOR RECLASSIFICATION IN THE ENGINEERING DEPARTMENT: Mr. Engemoen stated that earlier this year, the development review function of the County Engineer's Office was reorganized and, as a result, Lon Sheldon, Civil Engineer I, was assigned additional responsibilities and authority; he noted that Mr. Sheldon has been doing a very good job and in conjunction with the annual review of his performance, the request today before the Board is to request a waiver of the personnel policy related to reclassifications to make the appropriate adjustments in Mr. Sheldon's job classification and compensation. Mr. Engemoen discussed several alternatives and proposed to consolidate the merit increase (5%) and reclassification (5%) and place Mr. Sheldon at Step J of the Civil Engineer II position, which will represent a salary adjustment of 10 percent.

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners approve a waiver of the Personnel Policies to allow Public Works to place Lon Sheldon at Step J of the Civil Engineer II position, as requested.

Motion carried 3 - 0.

12. INTERGOVERNMENTAL AGREEMENT ON REGIONAL PROJECT: Mr. Gluckman stated that the cities of Fort Collins, Greeley, Loveland and Evans, and the Towns of Berthoud, Mead, Milliken, Johnstown, and Windsor and Larimer County have been working together to increase communication and coordination on issues of mutual concern to Northern Colorado; he noted that in 1997, the group was awarded a GOCO grant to further develop and implement the concepts of community separators and also awarded an energy impact assistance grant to lead the efforts for a regional cost of growth model. Mr. Gluckman noted that participation in this group is voluntary and based on population; the budget for the 1998 operating expenses included in this agreement is $17,500 match for the GOCO grant and $10,000 for administrative support for the separator and other regional projects and Larimer County's share of the budget is $4,758. Mr. Gluckman noted that the study for the Separator Project has been completed and Ms. Bennett is still working on the implementation stages; the request before the Board today is that Larimer County participate as a partner in the Northern Colorado Regional Project Group and provide the County's share of the expenses for 1998 in the amount of $4,758. The Board asked if the County Attorney has reviewed and approved the agreement; Mr. Gluckman responded in the negative. Discussion followed.

M O T I O N

Commissioner Olson moved that the Board of County Commissioners approve the Intergovernmental Agreement for Regional Cooperation on Planning for Managing Urban Development and authorize $4,758 to be derived from the 1998 Commissioners' Special Projects Fund, contingent upon approval by the County Attorney.

Motion carried 3 - 0.

A97-168 INTERGOVERNMENTAL AGREEMENT FOR REGIONAL

COOPERATION ON PLANNING FOR MANAGING URBAN

DEVELOPMENT

13. RESOLUTION IN SUPPORT OF BASH, YOUTH ALTERNATIVE PARTY: Commissioner Clarke requested Board approval of a resolution in support of BASH, Youth Alternative Party; he stated that this resolution will help the alternative to drugs and alcohol group as they go out in the community seeking funding. Commissioner Clarke stated that the City of Fort Collins adopted a resolution and Poudre R1 School District is going to do the same, which will show support from the local government entities.

M O T I O N

Commissioner Olson moved that the Board of County Commissioners adopt the Resolution of Support for Alternative Parties for High School Students (BASH), and authorize the Chair to sign same.

Motion carried 3 - 0.

R97-212g RESOLUTION OF SUPPORT ALTERNATIVE PARTIES FOR HIGH

SCHOOL STUDENTS (BASH)

14. PUBLIC HEARING TO ADOPT FINDINGS AND RESOLUTION AMENDING THE FLOOD PLAIN RESOLUTION: At this time the Board was requested to open the meeting for an advertised Public Hearing.

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners officially open the Public Hearing at 11:45 a.m. to adopt the Findings and Resolution Amending the Flood Plain Resolution.

Motion carried 3 - 0.

Mr. Woodward noted that the current Flood Review Board has three members and one alternate and as the Board of County Commissioners adopted their operating procedures, effective July 1, 1997 to eliminate alternates on Boards, the Flood Review Board voted to go to a 5-member Board; therefore, the staff recommendation is for the Commissioners to approve a resolution to amend the section in the Flood Plain Resolution accordingly. Mr. Woodward noted that the Planning Commission approved the 5-member Board and suggested that a quorum be comprised of 3 members. Discussion followed regarding the number required for a quorum and the decision of the Commissioners was that a quorum will be two members instead of three for the Flood Review Board.

M O T I O N

Commissioner Olson moved that the Board of County Commissioners adopt the Findings and Resolution Amending the Flood Plain Resolution to expand the Flood Review Board to five members and that two members will constitute a quorum.

Motion carried 3 - 0.

R97-213g FINDINGS AND RESOLUTION AMENDING THE FLOOD PLAIN

RESOLUTION

M O T I O N

Commissioner Olson moved that the Board of County Commissioners officially close the Public Hearing at 11:50 a.m.

Motion carried 3 - 0.

15. WORKSESSION:

-- Mr. Gluckman asked the Board if they want to designate any proxy votes for the CCI committees for the new year; the Board decided they will take care of this after the first of the year.

-- Mr. Gluckman reported he attended a five-hour meeting with the foster parents and staff of Community Services last week and he thinks they are ready to start talking; he noted there is a lot to work out and it is going to take a long time.

16. COMMISSIONER REPORTS: There were no Commissioner reports today.

The meeting adjourned at 11:55 a.m.

____________________________________

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