Elk in Rocky Mountain National Park
 

PROCEEDINGS OF THE BOARD OF COUNTY COMMISSIONERS

MONDAY, JANUARY 26, 1998

LAND-USE PLANNING MEETING

(#287)

The Board of County Commissioners met at 3:00 p.m. in regular session with Larry Timm, Director of Planning. Chair Olson presided and Commissioners Clarke and Disney were present. Also present were: Rob Helmick, Senior Planner; John Pedas, Code Enforcement Officer; Lonnie Sheldon, Project Engineer; Doug Ryan, Environmental Health Planner; and Jeannine Haag, Assistant County Attorney. Recording Clerk, Sherry Graves.

Chair Olson stated that the following are consent items and will not be discussed in detail unless requested by the Commissioners or members of the audience. Mr. Helmick made a one-word change to condition #5 for the Buckhorn Camp Special Review, noting that the change was agreed to by the applicant.

1. LEACH MINOR RESIDENTIAL DEVELOPMENT (#97-EX1127): NE 1/4 -

28-06-68 - 3825 E. COUNTY ROAD 30, ONE MILE WEST OF INTERSTATE

25, ADJACENT TO THE FORT COLLINS-LOVELAND AIRPORT;

57.17 ACRES; FA-FARMING ZONING

This is a request to divide a 59-acre lot into two lots for single family residential use. Staff findings include: 1) The proposed Leach MRD is in compliance with the Larimer County Land Use Plan, the Larimer County Zoning Resolution, and the Larimer County Subdivision Resolution; 2) The proposed Leach MRD is compatible with other development in the surrounding area; 3) Approval of the proposed Leach 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 proposed Leach MRD.

The staff recommendation is for approval of the Leach Minor Residential Development, with the following conditions: 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. Non-residential uses will require review through the Planned Unit Development process; 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) This property is contained wholly in the 55db noise level area for the Fort Collins-Loveland Airport. New construction shall meet Uniform Building Code requirements for buildings in the 55db noise level area. Larimer County will not take any action to stop or hinder aviation activity or other activities related to airport operations and maintenance that could be perceived as a nuisance; g) Residential sprinkler systems are required for all new construction; h) All driveways over 100' long must be 15' wide and capable of supporting fire apparatus for the length of the driveway; i) Asphalt paved apron and other access road improvements will be required prior to the issuance of a building permit on Lot 2; j) Maintenance of internal driveways are the responsibility of the property owners. Larimer County will not maintain internal private driveways; k) An engineered sewer system is required; 2) Construction shall not take place in designated wetlands without a Department of the Army (Army Corps of Engineers) permit; 3) All easements and wetlands shall be designated on the Final Plat; 4) Passive radon mitigation measures shall be included in construction of residential structures on these lots. The results of a radon detector 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.

2. BUCKHORN CAMP SPECIAL REVIEW (#97-ZR1093): 02-07-71 - 2 MILES

SOUTH OF COUNTY ROAD 52E (RIST CANYON) ON THE SOUTHEAST

SIDE OF BUCKHORN MOUNTAIN, 2120 COUNTY ROAD 41; 320 ACRES;

O-OPEN ZONING

This request is for Special Review for a religious retreat seasonal camp at Buckhorn Camp including a new lodge, dormitory, and dining hall building. Staff findings are: 1) This proposal is consistent with the intent and purposes of the Comprehensive Zoning Resolution. The limited seasonal use and area of impact are not over intensive and do not deplete natural resources; 2) This proposal is located in an area designated as Rural on the Master Plan. No agency comments have identified any conflict with the Master Plan designation. The development is located outside of identified environmental resource or hazard areas or, in the case of wildfire, will mitigate the hazards. Traffic and roadways will not be significantly impacted by the proposal and the only identified deficiency will be addressed by work scheduled by the County for 1998; 3) The low intensity seasonal use and the large parcel size are compatible with the surrounding area; 4) The use is existing, but non-conforming. The approval of this expansion recognizes the existing use and allows for growth of the camp. The camp has existed in this location for over 20 years and no complaints have been recorded. The expansion will not alter the schedule or impact of the use; 5) The application complies with the recommendations of all referral agencies or others who have commented on the application.

The Planning Commission/Staff recommendation is for approval of the Buckhorn Camp Special Review, with the following conditions: 1) The camp and lodge buildings will be developed strictly in conformance with the submitted plan, dated August 21, 1997, and information in the file; 2) The applicant will develop and implement a wildfire mitigation plan for the entire camp prior to the Certificate of Occupancy for the new lodge building; 3) The applicant will provide a dry hydrant and improved access to the Lower Lake suitable to the Rist Canyon Fire Department prior to the Certificate of Occupancy for the new lodge ; 4) No building permit will be issued unless the applicant provides evidence of preliminary approval of a plan for augmentation. No Certificate of Occupancy will be issued until a plan of augmentation is approved and proof provided to the County; 5) No building permit shall be issued for the new lodge until the applicant provides evidence that the site application for the sewage disposal system on site has been approved. No Certificate of Occupancy shall be issued until the Larimer County Health Department has approved the installed sanitation system. The system must have all requisite local and state permits and approvals; 6) All exterior lights shall be sharp cut off down-directed fixtures. There shall be no unshielded night lighting, nor shall any lights be allowed to be illuminated all night. All lights shall be equipped with on/of switches; 7) Exterior glazing shall be of non-reflective glass.

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners adopt the staff findings and Planning Commission/Staff recommendations and approve the Leach Minor Residential Development (#97-EX1127) and the Buckhorn Camp Special Review (#97-ZR1093); each, with the conditions as outlined and amended.

Motion carried 3 - 0.

3. PALKO JUNK YARD/VEHICLE REPAIR VIOLATION (#97-ZV0987):

17-04-69 - 3536 WEST COUNTY ROAD 8 IN BERTHOUD.

This alleged violation is for unobscured outdoor storage of inoperable/unlicensed vehicles and a vehicle restoration operation being conducted in the FA-1 Farming Zoning District. Mr. Pedas provided the background information regarding the alleged violation and reviewed the major issues and concerns. Staff findings include: 1) The subject property is zoned FA-1 Farming District; 2) The FA-1 Farming District does not allow vehicle repair/restoration, or outside storage not accessory to a permitted use; 3) Outside storage of antique, unique or collectable vehicles must be effectively screened from ordinary public view; 4) Continued use of the property inconsistent with the provisions of the zoning regulations may affect property values in the neighborhood. The staff recommendation is to find that a violation exists (outside storage), require compliance within 60 days, and authorize legal action if the deadline is not met.

Mr. Pedas informed the Board that this alleged zoning violation was brought to his attention as the result of another zoning violation on a property immediately adjacent of and to the north of the subject property; as that property owner is out of town and cannot attend today's hearing, a letter from him was submitted for the record outlining his objections to the existing conditions. Mr. Pedas stated that on December 22, 1997, Mr. Palko took out a building permit to erect a site-obscuring fence which, when completed, will take care of the violation; he suggested that the Board find that a violation would not exist provided that the requirements for screening are met and construction of the fence within 60 days will constitute compliance.

Mr. Palko stated that he concurs with the 60 day requirement, but noted that he is going to have his hand operated on in one week; however, if the weather holds, construction of the fence should not be a problem. Commissioner Disney asked if 60 days is a reasonable requirement, considering the time of year and the possibility for inclement weather; Mr. Pedas responded that the time limit could be extended if any reasonable extenuating circumstances arise.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners find that a violation does exist, but noted that the curative measure for the violation is to erect a site-obscuring fence within 60 days; further, Mr. Pedas is authorized to allow additional time if extenuating circumstances prevent completion of the fence in 60 days.

Motion carried 3 - 0.

4. SCHAULIN VEHICLE SALVAGE VIOLATION (#92-ZV0080): SW 1/4 -

07-07-68 - 220 BLOCK DRIVE IN FORT COLLINS.

This alleged violation is for operating a vehicle salvage business in the I-Industrial Zoning District without Special Review approval. Mr. Pedas described the location of the alleged violation, provided the background information, and reviewed the major issues and concerns; he noted that there are other properties in the area, which are now in the City of Fort Collins, that had to go through a significant review process with the City with regard to screening and this is a similar type operation operating without approval. Mr. Pedas stated that on his way into today's hearing, Mr. Schaulin showed him the receipts for filing the application with the City of Fort Collins for annexation and his signed Petition for Annexation. Staff findings are: 1) The subject property is zoned I-Industrial District; 2) Vehicle salvage/recycling requires I-1 Industrial Zoning and Special Review approval; 3) Outside storage of vehicles results in a severe fire hazard potential; 4) Continued use of the property inconsistent with zoning will affect property values in the neighborhood. The staff recommendation is to find that a violation exists, require compliance within 60 days, and authorize legal action if the deadline is not met.

Mr. Pedas asked that the Board consider putting their decision regarding this alleged violation in abeyance and then, if the procedure for annexation and approval through the City of Fort Collins should falter, or not be accepted, the Board authorize legal action for the County to pursue correction of this violation. Much discussion followed; as Commissioner Clarke requested for the record, Mr. Schaulin submitted the Petition for Annexation to the City of Fort Collins and receipts for same.

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners find that a violation exists and hold any enforcement action in abeyance pending the final results of the annexation application to the City of Fort Collins; if annexation does not occur, legal action is authorized and the subject property violation must be mitigated according to County standards.

Motion carried 3 - 0.

The hearing recessed at 3:30 p.m.

CONTINUATION OF LAND-USE HEARING

(# 288 & 289)

The Board of County Commissioners reconvened at 7:00 p.m. in regular session with Larry Timm, Director of Planning. Chair Olson presided and Commissioners Clarke and Disney were present. Also present were: Keith Schuett, Planner II; Rex Burns and Lonnie Sheldon, Project Engineers; Marc Engemoen, Director of Engineering; Doug Ryan, Environmental Health Planner; and Jeannine Haag, Assistant County Attorney. Recording Clerk, Gael Cookman.

1. INTERCHANGE BUSINESS PARK PLANNED UNIT DEVELOPMENT (#97-MS1046): NW ¼ OF SECTION 15, TOWNSHIP 7 NORTH, RANGE 68 WEST; AT THE INTERSECTION OF I-25 AND COLORADO HIGHWAY 14.

This is a request for a Master Plan and Phase Plan to develop parcel numbers 87150-00-010 and 87150-00-005 into 14 Business park lots, two commercial home sales and one commercial development. Mr. Schuett described the project and location and reviewed the major concerns and issues; he noted that the property, approximately 37 acres, is currently zoned C Commercial and that the proposed business park would include modular home sales lots along I-25 frontage road and fast food/gas-convenience store at the Highway 14 entrance. Mr. Schuett explained that the remaining area is planned for commercial offices/warehouses and mini-storage for tenants within the Interchange Business Park; he noted that open space is planned along Boxelder Creek and is within the 100 year floodplain of Boxelder Creek. Mr. Schuett stated that water is to be provided by ELCO, sanitary sewer is proposed to be provided by Boxelder Sanitation, and access to a public road will be off State Highway 14 and I-25 frontage road. Staff findings include: 1) The application meets the standards of the PUD Resolution; 2) The service providers have identified few conflicts or concerns with this proposal. Public Service Company has identified the minimum requirements for utility easements; 3) The proposal does create impacts on the existing road system and traffic impacts. The impacts can be mitigated to the greatest extent possible through improvements to the road systems; 4) The developed area of the proposal will not impact wetlands; 5) No comments have been received which would indicate an impact on adjacent land uses. The Urban Growth Area Review Board/Staff recommendation is for approval of the Planned Unit Development Master Plan and Phase Plan application for Interchange Business Park with a number of conditions.

Mr. Burns explained that all involved were aware there is a potential problem with adding increased traffic in the area due to the poorly designed interstate exit ramps and access to frontage the roads; he stated that the applicant had hired traffic engineer Gene Coppola to investigate and address the problem. Mr. Burns then asked Mr. Coppola to explain his analysis. Mr. Coppola addressed the site traffic impact and the regional traffic impact; he explained the accesses and where traffic signals would be needed. Commissioner Disney asked if it was appropriate that Mr. Coppola was giving a report during the staff presentation and Mr. Burns stated that staff agreed with the findings from Mr. Coppola's study and that is why they asked him to present them at this time. There was some discussion regarding the how this development would increase the vehicle trips per day across the Interstate and within the surrounding areas. Mr. Coppola presented a map which outlined the current trips per day and concluded that the trips per day would increase by at least 15,000 within the area, with 6,000 coming from the subject development; of that 6,000, Mr. Coppola felt only 2000 would commute west. Mr. Burns explained that there are traffic problems on both the east and west sides of the Interstate; the east side being access into the proposed development and the addition of three traffic lights which will be placed very close together. With this in mind, Commissioner Disney wanted to know if the proposed signaling lights met the air quality requirements. Tess Jones from the Colorado Department of Transportation explained that the current application has not addressed air quality. Ms. Jones explained the problems on the west side as being that the accesses were designed long ago and there was no planning for the present needs and traffic demands; she explained that the "temporary fix" the State provided two years ago by constructing islands to better separate traffic seemed to have helped the problem. Ms. Jones noted that prior to the improvements there were one to two accidents per month, since the improvements there have been only two accidents reported overall. Mr. Engemoen stated that the County Engineering staff cannot recommend approval of the proposed Interchange Business Park at this time due to the traffic problems in the area; he did recommend the following: 1) That the County continue to work closely with the City, State and proposed developments in the area to identify the impacts of existing and future traffic, to determine if any modifications to the short term improvements currently in place could improve safety, and to re-evaluate the recommendation for long term solutions; and 2) That the County work with the City of Fort Collins, the Colorado Department of Transportation and other affected interests to review the cost and timing of needed improvements, and to determine if strategies such as public improvement districts could be used to fund these improvements.

Linda Ripley from Ripley Associates gave an overview of the project on behalf of the applicants Jim Mockler and Sinnet Builders; she noted that this was an ideal location that would divert traffic from the west side to the east side and that it would be a quality development with landscape plans and uniformed signage to maintain consistency and attract quality clients. Ms. Ripley stated that the applicants realized that there was a traffic problem and wanted very much to be a part of the solution and help generate funds to do this; some questions followed.

Chair Olson then asked for citizen comments from the audience. Mary Warring addressed the Board and explained that she represented the Vista Bonita and Kitchell Estates subdivisions; she noted that one of the problems that has occurred since the County's "temporary fix" of this traffic situation is that the accidents are still happening, but now they are happening more around the Cloverleaf subdivision. Don Finn explained that he also lives in the Vista Bonita subdivision and his concern was with the proposed landscaping and berming being planned on a State easement; he noted that if the State ever wanted to reclaim that land, the landscaping would cease to exist; he also did not agree with only 2000 trips per day going west, and felt it would be more like sixty to seventy percent. Mr. Finn explained that he has seen conflicting reports on the spacing of traffic signals and he does not support spacing lights less that one mile apart. Amanda Wright stated that she had manually measured some of the distances to the access points and her figures do not agree with those on the proposed diagram of the development; she also explained her concerns about the design of the "shepherds hook" configuration of the access on to the frontage road and the three percent grade in the road. Ms. Wright noted that the curve is too sharp for large trucks to make and the grade prevents good visibility in this area; she stated that it would be much safer if this could be redesigned to allow straight access onto the road. Ms. Jones agreed that there does need to be some improvements to the design of this proposal. Michael Warring explained that he does not agree with the accident reporting since he and fellow neighbors know that they have seen more than two accidents in the area since the improvements were made. Mr. Warring stated that they investigated this with the State Patrol and found that their computer printout was not very accurate, but State Patrol officers gave them permission to manually go through their files to see if other accidents had occurred in the area that did not appear on the computerized printout. Mr. Warring produced a report which indicated that there were actually 79 accidents during this time frame within this area, not just the two that showed up on the printout; he explained that there were many reasons for this, one being an antiquated computer system which did not allow the officers to pinpoint the actual location of certain accidents. Finally, Ursula Tagliamonti, owner of the Mulberry Inn, stated that she agreed there were more accidents than two in this area since the County put in the temporary fix; she pleaded with the Commissioners to do something that will fix this intersection once and for all.

Applicant Jim Mockler addressed the Board by stating that he is very aware of the traffic conditions as he is a resident in this area as well; he stressed that he truly wants to be part of the solution and feels that forming a public improvement district would be a step in the right direction and offered to pay for a signaling light on the west side to help with the traffic, then when he needed his to go up on the east side the public improvement district could repay him with a light. Mr. Mockler stated that he hired experts in order to design a park that would address the problems and ease the burden on traffic flow; he wants to redirect traffic from the west to relieve some of the burden there as well. Finally, Mr. Mockler again stressed that he has put together a quality business park, one that has a modern design with good landscaping and properly built streets.

At this time the public comment portion of the hearing was closed and the Commissioners conducted their discussion; Commissioner Disney thanked both the citizens and the applicants for wanting to be part of the solution to the situation; he stated that there was a lot of conflicting information presented with regards to the road trips and accident history. Commissioner Disney suggested that the County work with CDOT and concerned citizens to identify and determine interim and phased solutions to this problem; he stated that he could not vote in favor of this project until the traffic safety issues were resolved. Commissioner Clarke stated that it is a good site and design but he could not divorce the roads from the project; he stated that it is very frustrating to have to disapprove a project like this but he could not vote for approval until the proper infrastructure was in place. Chair Olson agreed.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners deny the Interchange Business Park Planned Unit Development Master Plan (#97-MS1046).

Motion carried 3-0.

The hearing adjourned at 10:00 p.m.

TUESDAY, JANUARY 27, 1998

ADMINISTRATIVE MATTERS

(#290)

The Board of County Commissioners met at 9:00 a.m. in regular session with Neil Gluckman, Assistant County Manager. Chair Olson presided and Commissioners Clarke and Disney were present. Also present were: Brice Miller and Tony Simons, Building Department; Ralph Jacobs, Director Human Resources; Dr. Keith Olson, Director Mental Health; Donna Hart, Commissioners' Office Staff Services Manager; Deni LaRue, Community Information Manager. Recording Clerk, Sherry Graves.

1. OPEN SESSION FOR PUBLIC COMMENT: No one came for the open session for public comment today.

2. APPROVAL OF MINUTES FOR THE WEEK OF JANUARY 19, 1998:

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the Minutes for the week of January 19, 1998, as submitted.

Motion carried 3 - 0.

3. APPROVAL OF SCHEDULE FOR THE WEEK OF FEBRUARY 2, 1998:

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners approve the Schedule for the week of February 2, 1998, as submitted and amended.

Motion carried 3 - 0.

4. APPROVAL OF CONSENT AGENDA:

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the following documents as listed on the Consent Agenda for Document Review on January 27, 1998:

PETITIONS FOR ABATEMENT were approved for the following: Sunset Jazz Club; Nickelprint, Int.; Jons Natural Bread; Express Concrete, Inc.; Wal Mart Distribution Center; Advantage Tax Service; LaPorte Auto Repair, Inc.; Lee Parker Enterprise, Inc.; Michael Stanton; Gary Uhrich; and Jill Hersh.

MISCELLANEOUS DOCUMENTS: Authorization Form in Accordance with the Federal Emergency Management Agency's Hazard Mitigation Grant Program and the State of Colorado's Hazard Mitigation Administrative Plan; Appointment of Applicant's Agent; Annual Certification of Larimer County Road Mileage to the Colorado Department of Transportation; Larimer County Treasurer's Six Month Report; and the Tamasag Minor Land Division.

LIQUOR LICENSES: County approval for license renewal was granted to Vern's Liquor - 6% - LaPorte, CO.; Classic Catering - 6% - Fort Collins, CO.; Convenience Plus No. 7 - 3.2% - Fort Collins, CO.; and Branding Iron Liquors - 6% - LaPorte, CO. Licenses were issued to: Indian Meadows Resort - 6% - Bellvue, CO. and Horsetooth Marina Resort - 3.2% - Fort Collins, CO.

A98-07 LETTER OF INTENT AND RECONSTRUCTION SERVICES

AGREEMENT FOR LARIMER COUNTY JUSTICE CENTER

BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND

CONSTRUCTION CO.

A98-08 INDEPENDENT CONTRACTOR AGREEMENT BETWEEN THE

BOARD OF COUNTY COMMISSIONERS AND APPLIED RISK

SOLUTIONS, INC. (Insurance Consultant Agreement)

C98-03 NATURAL GAS SALES CONTRACT BETWEEN BOARD OF

COUNTY COMMISSIONERS AND PUBLIC SERVICE COMPANY

OF COLORADO (Designation of End User Supplier for Public

Service Company of Colorado - Gas Transportation Services)

C98-04 CONTRACT BETWEEN THE BOARD OF COUNTY

COMMISSIONERS AND MOUNTAIN CONSTRUCTURS, INC.

(Bridge Replacement - Project #210)

C98-05 CONTRACT BETWEEN THE BOARD OF COUNTY

COMMISSIONERS AND THE STATE OF COLORADO,

DEPARTMENT OF TRANSPORTATION, OFFICE OF

TRANSPORTATION SAFETY (Funding of Project for Prevention

of Drunken Driving)

D98-01 DEED OF DEDICATION BY POUDRE VALLEY RURAL

ELECTRIC ASSOCIATION (Dedication of Roads at REA Building)

D98-02 QUIT-CLAIM DEED FOR LOTS 76 & 77, GLACIER VIEW

MEADOWS SUBDIVISION, TWELFTH FILING

R98-09g RESOLUTION ESTABLISHING COMPENSATION FOR LARIMER

COUNTY OFFICIALS

R98-10g RESOLUTION APPROVING HE OFFICE OF TRANSPORTATION

SAFETY ALCOHOL PREVENTION INCENTIVE GRANT

R98-11s FINDINGS AND RESOLUTION APPROVING THE AMENDED PLAT

IN GLACIER VIEW MEADOWS 6TH FILING AND VACATION OF

UTILITY EASEMENT

R98-12s FINDINGS AND RESOLUTION APPROVING THE AMENDED PLAT

IN CROZIER MOUNTAIN SUBDIVISION #1, LOTS 1 & 2

Motion carried 3 - 0.

5. WILDFIRE HAZARD MITIGATION REQUIREMENTS: Mr. Miller introduced Tony Simons, the new Wildfire Safety Coordinator; he noted Mr. Simons was hired to help homebuilders and remodelers comply with new wildfire hazard standards, which go into effect February 1, 1998. Mr. Simons reviewed his background experience and stated that he plans to develop a very customer oriented, user-friendly program and he wants to help implement the new wildfire code through education of potential dangers to mitigate those dangers. Commissioner Clarke requested that he continue to work closely with representatives of the insurance industry.

6. REQUEST FOR VACATION LEAVE POLICY WAIVER: Mr. Jacobs requested Board approval to waive the County vacation leave forfeiture policy to allow restoration of Belen Luna's 112 hours of vacation leave in recognition of her willingness to help the County through a period of severe staff shortage in the Custodial Department. Mr. Jacobs noted that Facilities Manager Dick Anderson has requested that these 112 hours be allocated over a period of two years - 1998 and 1999.

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners approve a waiver of the Personnel Policy Manual regarding vacation leave forfeiture whereby 112 hours of vacation leave can be restored to the account of Belen Luna, as requested; this vacation leave is to allocated over the two year period of 1998 and 1999.

Motion carried 3 - 0.

7. MILEAGE REIMBURSEMENT FOR MERIT SYSTEM EMPLOYEES: Mr. Gluckman noted that a request has been received for the Board to approve raising the Merit System mileage reimbursement from 28 to 29 cents a mile to match the County mileage reimbursement rate.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve adjusting the Merit System mileage reimbursement rate to equal the County mileage reimbursement rate of 29 cents a mile, effective January 16, 1998.

Motion carried 3 - 0.

8. LEGISLATIVE REVIEW OF HB 1163 CONCERNING MUNICIPAL ANNEXATION: Mr. Gluckman submitted the Larimer County Legislative Position Paper concerning Municipal Annexation HB 1163; he informed the Board that this Bill, if passed, would radically change how municipalities could annex land and make annexation much more difficult by allowing adjacent communities to be able to protest any annexation methods that the cities are attempting. Mr. Gluckman stated that the object of the Bill is no-growth, but it is inconsistent and lacks clarity and it will make annexation more expensive because an environmental assessment and series of impact studies are required; the recommendation is for the Board to oppose this Bill. CONSENSUS OF THE BOARD was to oppose HB 1163.

9. MENTAL HEALTH CONTRACTS WITH DR. JAMES KAGAN AND NORTHEAST BEHAVIORAL HEALTH: Dr. Olson requested Board approval for continuation of a contract with Dr. Kagan for his services to provide after-hours and weekend emergency psychiatric support services and to provide weekend and holiday psychiatric inpatient support services; he noted that this contract is the same as the previous contract and no additional dollars are required.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the continuation of the agreement with Dr. James Kagan and authorize the Chair to sign same.

Motion carried 3 - 0.

A98-09 PROFESSIONAL SERVICES AGREEMENT BETWEEN THE BOARD

OF COUNTY COMMISSIONERS FOR THE USE AND BENEFIT

OF THE LARIMER COUNTY MENTAL HEALTH CENTER AND

JAMES M. KAGAN, M.D., P.C. dba FOOTHILLS ASSOCIATES

IN PSYCHIATRY

Dr. Olson introduced Dale Peterson, Executive Director of the Northeast Behavioral Health, LLC. (NBH) and manager for the Medicaid Capitated Mental Health project for the northeast quadrant of the State. Dr. Olson requested Board approval of a contract with NBH for provision of services for this project; he noted that the Director of Health and Human Services Kathy Snell supports this contract. Mr. Peterson stated that they feel very strongly about the advantages to the citizens of this area to work together and for that reason, North Range has agreed to put a fair amount of resources into this project for the benefit of Larimer County. Mr. Peterson stated that they are not a profit-making company trying to make money in Larimer County, they are here as a partner to try and keep the resources that belong to Larimer County working in Larimer County in a cooperative arrangement. Dr. Olson stated that the insurance commissioner requires that, in order to be certain that the recipients or those that are insured have a continued coverage in case anything goes wrong, reserves are set aside to cover normal operating, liquid cash obligations; he noted that North Range has agreed to put in $100,000 and he asked the Board if they would help financially for part of this reserve requirement to satisfy the insurance commissioner. Dr. Olson noted that no additional County dollars will be required for this request and they will probably use their fund balance for Larimer County's share.

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners approve the Center Service Agreement between Larimer County and Northeast Behavioral Health, LLC, as requested, and authorize the Chair to sign same.

Motion carried 3 - 0.

A98-10 CENTER SERVICE AGREEMENT BETWEEN THE BOARD OF

COUNTY COMMISSIONERS FOR THE USE AND BENEFIT OF

THE LARIMER COUNTY MENTAL HEALTH CENTER AND

NORTHEAST BEHAVIORAL HEALTH, LLC.

10. WORKSESSION:

-- Mr. Gluckman stated that after the worksession yesterday with Kathy Snell, Ginny Riley, etc. regarding the TANF Memorandum of Understanding and County Plan, it was their recommendation that the Board approve and the Chair sign a resolution allowing Kathryn Schroeder, Arapahoe County Attorney, to represent Larimer County and several other counties in negotiating with the State Department of Human Services on the Memorandum of Understanding regarding welform initiatives. Mr. Gluckman requested Board approval of same.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve a resolution for County Authorization for Negotiations and Hearings on the Model Memorandum of Understanding to allow Kathryn Schroeder, Arapahoe County Attorney, to represent Larimer County in those negotiations with the State Department of Human Services, and authorize the Chair to sign same.

Motion carried 3 - 0.

-- R98-13g RESOLUTION FOR COUNTY AUTHORIZATION FOR

NEGOTIATIONS AND HEARINGS OF THE MODEL

MEMORANDUM OF UNDERSTANDING (MOU)

-- Mr. Gluckman also stated that during the same worksession, some amended policies were submitted to coincide with their local plan; he requested the Board formally approve those amended policies.

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners approve the Summary of Proposed Policy Changes of the Larimer County Works Program, as presented by Community Services during the worksession yesterday.

Motion carried 3 - 0.

-- Mr. Gluckman stated that recently Chair Olson asked him who is taking the lead on the fiscal impact model as a part of the work plan and he requested direction from the Board who that might be; he noted that many are working on this, but no one is in charge. Mr. Gluckman stated that right now it is in the work plan to take a leadership role in developing the regional model for cost benefit and the cost of growth, coupled with the development and exploration of impact fees. Mr. Gluckman stated that there is a group of northern Colorado administrators and managers meeting monthly working on a regional model as part of the separator project; he noted that they submitted a grant proposal to the Department of Local Affairs and received $25,000 to do a regional study. Mr. Gluckman continued that they received a presentation from the American Farmland Trust who has a model that looks at the impact of either keeping or losing farmland; he noted that the Economic Development Advisory Board is also looking at cost models to determine if the Commissioners should even look at granting incentives, and the Planning Department is looking at impact fees. Mr. Gluckman suggested that a worksession be scheduled to include Larry Timm, Bob Keister, Lew Wymisner, Bob Hamblen, Frank Lancaster and himself to clarify the objectives and to share what they are doing so they can coordinate their efforts and determine where they want to go; the Board concurred with the suggestion.

-- Mr. Gluckman noted that the Board needs to decide who will be the liaison to the Larimer Emergency Telephone Authority; Commissioner Clarke agreed to continue as liaison to this Authority.

-- Ms. LaRue submitted a flip chart for the Board to review which looks back at 1997 and at the current state of the County and the current financial status for 1998 and beyond for 1998.

11. COMMISSIONER REPORTS:

-- Commissioner Disney stated that next week there is a North Front Range Transportation and Air Quality Planning Council meeting and, after the Interchange Business Park PUD meeting last night, he is inclined to pull the $1.5 million improvements to the intersection of Highway 14 and I-25 and instead go for planning dollars from the Colorado Department of Transportation (CDOT) to see what we need to do to address the whole interchange on a permanent solution - land issues, signalization, frontage road, etc. rather than the piece meal approach. He thinks there needs to be a comprehensive plan to look at the long term improvements that need to be made. Commissioner Clarke stated that he wants the neighbors, property owners, and citizens also involved in this planning and not just reviewed and planned by outside experts, and he hopes this can be done as soon as possible. Chair Olson and Commissioner Clarke offered to attend the transportation meeting with Commissioner Disney next week, if they can lend assistance to the cause.

-- Commissioner Clarke reported that he attended a reception for the Legislators hosted by CSU at the Brown Palace Hotel and a reception hosted by CCI; he noted they discussed some of the Bills in detail and, in his opinion, the most interesting one is the youth access to tobacco Bill, which is going to come up this Thursday and he plans to attend. He noted that in talking to local businesses about this Bill, they want the playing field equalized by having the rules the same for municipalities and the County.

At this time County Attorney George Hass and Director of Public Works Marc Engemoen joined the meeting for legal matters.

12. LEGAL MATTERS:

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners go into Executive Session at 11:00 a.m. to discuss threatened litigation and negotiations.

Motion carried 3 - 0.

The Executive Session ended at 12:35 p.m.; no action taken.

WEDNESDAY, JANUARY 28, 1998

EXECUTIVE SESSION

The Board of County Commissioners met at 11:00 a.m. for an Executive Session to obtain legal advice. Chair Olson presided and Commissioners Clarke and Disney were present. Also present were Jeannine Haag, Assistant County Attorney, and Craig Richardson, Impact Fee Consultant.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners go into Executive Session to seek legal advice.

Motion carried 3 - 0.

The Executive Session ended at 11:44 a.m.; no action taken.

THURSDAY, JANUARY 29, 1998

MEETING REGARDING CABLE TV AGREEMENTS EXTENSION

(#290 - Side B @ 500)

The Board of County Commissioners met at 9:00 a.m. in regular session with Jeannine Haag, Assistant County Attorney. Chair Olson presided and Commissioner Disney was present. Recording Clerk, Sherry Graves.

Ms. Haag requested Board approval of two resolutions for extending the cable TV agreements; she noted they are now in the process of scheduling the public hearings for renewing the cable TV agreements and they will either be held the first or second week of March. Ms. Haag informed the Board that the extensions for the cable TV agreements for Cablevision of Delaware, Inc. and Fanch Communications, Inc. are effective through March 20, 1998.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the two resolutions extending the agreements of Heritage Cablevision of Delaware, Inc. and Fanch Communications, Inc. and its affiliates through March 20, 1998 to operate cable television systems in Larimer County.

Motion carried 3 - 0.

R98-14g RESOLUTION EXTENDING THE AGREEMENT OF HERITAGE

CABLEVISION OF DELAWARE, INC. TO OPERATE A CABLE

TELEVISION SYSTEM IN THE COUNTY OF LARIMER, CO.

R98-15g RESOLUTION EXTENDING THE AGREEMENT OF FANCH

COMMUNICATIONS, INC. AND ITS AFFILIATES TO OPERATE

A CABLE TELEVISION SYSTEM IN THE COUNTY OF LARIMER,

COLORADO

The meeting adjourned at 9:05 a.m.

___________________________________________

CHERYL OLSON, CHAIR LARIMER COUNTY

BOARD OF COMMISSIONERS

MYRNA J. 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.