PROCEEDINGS OF THE BOARD OF COUNTY COMMISSIONERS

MONDAY, FEBRUARY 9, 1998

PUBLIC WORKS STANDING MEETING

(#293)

The Board of County Commissioners met at 1:30 p.m. in regular session with Marc Engemoen, Director of Public Works. Chair Olson presided and Commissioners Clarke and Disney were present. Also present were: Greg Pickett, Director of Parks & Open Lands and Frank Lancaster, County Manager. Recording Clerk, S. Graves.

Mr. Engemoen reviewed a number of transportation issues with the Board, such as: funding update, development projects, State Highway 1/Wellington reconstruction, and department head vacancies; he stated that there are so many things going on with regard to transportation matters that they are hemorraging and they are just trying to stop the bleeding. Mr. Engemoen provided the North Front Range status report, noting that the only projects to be funded through the year 2020 plan are on the State highway system and will not include any of the projects that Larimer County submitted because of the lack of funding. Mr. Engemoen informed the Board, however, that they are going to be submitting applications for Federal dollars for three hazard elimination projects for the years 2000 and 2001; those projects are for CR17 & CR28 (best candidate); CR17 & CR14; and CR17 & CR34 (Trilby Road). Mr. Engemoen reminded the Board that even if we are successful obtaining grant monies, they usually require County matches. Discussion followed concerning the interchange of I25 & SH14; Mr. Engemoen noted that the State is submitting an application for this site as a hazard elimination project.

With regard to development projects, Mr. Engemoen stated that one way to get road projects underway is through development because they bring some money to the table. There was much discussion of the Taft Center development project in Berthoud at CR17 and he noted that the people in this area are alarmed because of the traffic impact this development will have on the roads. There was discussion of the large amount of road impact fees required for RLUC proposals; much discussion followed regarding collecting those road impact fees and their expectations.

With regard to the State Highway 1/Wellington reconstruction project, Mr. Engemoen stated that there is another public meeting scheduled on February 18, 1998; he noted that he is going to try and obtain a commitment from the State regarding what they are willing to spend on this project. Mr. Engemoen stated that they are considering reopening the leg of CR58.

Mr. Engemoen noted that there are two vacancies in the department and he is reviewing those job descriptions to determine if they should be restructured; those two positions are for County Engineer and Road and Bridge Director. Mr. Engemoen informed the Board that there were 27 applicants for the County Engineer position and interviews for 5 of those applicants are scheduled for February 17, 1998; he described the qualifications he is looking for in a County Engineer. Mr. Engemoen stated that he may leave the Road & Bridge Director position vacant until he decides for sure what to include in that job description; the Board told him to take his time.

Mr. Engemoen noted that Scott Cornell has submitted a draft of guidelines for handling the problem of scarring hillsides, which includes requirements for dealing with the problem; he noted that they need to get these new requirements plugged into the citizens process right away and he is proposing to get a citizens forum started.

Mr. Pickett asked the Board what their expectations are for him and the Parks Department; Mr. Engemoen stated that one of the goals he wants him to work on is to strengthen the identity that the Parks Department really is a part of Larimer County. Commissioner Clarke stated that he is still concerned about how we charge fees; he thinks that people who are in the County and supplement the Parks Department by paying taxes should pay less than those coming from outside the County. Commissioner Clarke thinks that one way to do this would be to create a data base of those persons who have purchased Parks Permits in the past and then notify them by mail offering them the opportunity to buy a season permit at a reduced rate. Commissioner Clarke stated he is also concerned about the fee charged for a day pass for someone just coming in for a picnic and the same fee charged for someone camping all night; he thinks there should be a separate over-night camping fee. Commissioner Disney stated that he would like to see Parks become an Enterprise Fund and become self-supporting through their fees.

The meeting recessed at 2:59 p.m.

LAND-USE PLANNING MEETING

(#294)

The Board of County Commissioners reconvened at 3:00 p.m. in regular session with Jim Reidhead, Director Rural Land Use Center. Chair Olson presided and Commissioners Clarke and Disney were present. Also present were: Larry Timm, Director of Planning; Brenda Gimeson, Rural Land Use Center Technician; 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 is a consent item and will not be discussed in detail unless requested by the Commissioners or members of the audience.

1. LIND FARM PRELIMINARY RURAL LAND PLAN (#97-EX1175):

NE 1/4 OF 35-08-68 - 2 MILES EAST OF I-25 ON CR 52 AT THE

INTERSECTION OF CR 3; 188 ACRES; 10 LOTS; O-OPEN ZONING

This is a request to divide 188 acres into 9 single-family units ranging in size from 4.5 acres to 8.5 acres (56) acres, one 100-acre farm (irrigated cropland & native pasture) with original farmstead, comprised of one single-family farmhouse, tenant house & ag buildings, and 32 acres of additional open space protected by covenants for minimum of 40 years, as requested by the Rural Land Use process. Staff findings include that this proposal is consistent with the policies of the Rural Land Use Process. The Planning staff raised a number of appropriate concerns regarding the Lind Farm Preliminary Rural Land Plan (RLUP). The RLUP staff believes they are adequately addressed for the purpose of BCC approval of the Preliminary Plat and offers the following information: 1) The 18 single-family residential units possible under the current O-Open zoning of the property, the density and proximity of the neighboring subdivisions, and the general development pressure within the immediate area, especially use-by-right 35-acre division of land, support our belief that this is an appropriate project, within both the spirit and letter of the Rural Land Use Process; 2) The site-based incentives (5 density bonus units, or 100%) provide the landowners with roughly equivalent benefits that they would obtain through dividing their property into individual 35-acre tracts. As proposed, this project will also provide commensurate benefits to Larimer County; 3) The RLUC staff supports the Lind Farm Preliminary Rural Land Plan based on the applicants' planning and design rationale for locating the project's residential cluster to the easternmost part of the farm out of direct view of I-25 (to a considerable degree, this project promises to preserve both open space and continued agriculture activities within full view of the I-25 corridor), the overall acceptance of the Preliminary Plat design at the neighborhood meeting, and the potential for continued agricultural use of the residual land. The proposed plan is the result of careful consideration of the land development and design options, particularly the 35-acre alternative, for which there is no County review; 4) The plan is compatible with the existing neighboring land uses; 5) Regarding the Planning staff concerns: a) The applicant and project design team believe there may be slope and flow constraints relating to relocating the stream further west and/or relocating the lots to the east side of the stream. Although it is possible to place the homes on sites as small as 2.29 acres, this size lot may compromise the ability to handle on-site septic systems as currently-supported by the Health Department, and create significant perceived density concerns on the part of neighbors; b) Wetland issues are being considered and will be incorporated in final design; c) Notification that this is a hunting area will be addressed in both the management plan and homeowners' covenants; d) The unpaved roads (CR 3 and 52) are currently treated with dust-suppressants and this treatment will be continued by the County; e) The project designers presented the road crossing the open space/wetlands as a "worse case situation" and are looking at ways to eliminate crossing this area; f) Building envelopes will be called out. It is anticipated that careful selection of the envelopes will address concerns about encroachment on both the farmland and the open space, as well as create optimum situations for the on-site septic systems.

The Rural Land Use Center Director and the Advisory Board recommend that the Board of County Commissioners approve the Lind Farm Preliminary Rural Land Plan. The following contingencies must be met prior to approval of Final Plat by the Board of County Commissioners: 1) Approval of engineering designs, including final design of access onto CR 3 and 52, before Final Plat submittal; 2) Demonstration of adequate water service provided by North Weld County Water District and/or East Larimer County Water District; 3) Preliminary soil testing to demonstrate soil suitability for on-site sewage systems; 4) Protective covenant and management plan will be reviewed and approved with Final Plat; 5) Homeowners' covenants, including architectural controls, will be reviewed prior to final approval; 6)Verification of transfer of North Poudre Irrigation Company water shares for the benefit of the residual land (the Farm) and the residential lots/homeowners association (Open Space) shall be provided at time of Final Plat approval; 7) Small tenant house on original farmstead cannot be separated from (sold off of) the farmstead lot; this shall be indicated on the Final Plat; 8) Engineered footing and foundations shall be required on all structures; 9) 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 for a radon tester which specifies that a test will be done within 30 days. A permanent Certificate of Occupancy can be issued when the prepaid receipt is submitted; 10) The applicants agree to provide sales and other information to the Rural Land Use Center Director in order to better monitor the effectiveness of the density incentives; 11) Road fees shall be paid at the time of building permit, if determined applicable by the Engineering Department; 12) Park fees shall be paid at the time of building permit; 13) Owner or real estate professional shall provide purchasers of residential lots and the farm with "Code of the West" at time of real estate closing.

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners adopt the staff findings and the recommendation of the Rural Land Use Center Director and Advisory Board and approve the Lind Farm Preliminary Rural Land Plan ((#97-EX1175), with the conditions as outlined.

Motion carried 3 - 0.

At this time Ruth Herickhoff rushed into the hearing room and complained that she got off work to come to the hearing, couldn't find a parking place, and because she was two minutes late, the hearing was over and she has concerns she would like discussed. The Board discussed the request and decided to take the following action:

M O T I O N

Commissioner Clarke withdrew his previous motion and moved that the Board of County Commissioners re-open the hearing for discussion of the Lind Farm Preliminary Rural Land Plan.

Motion carried 3 - 0.

Mr. Reidhead described the request, provided the staff report, and reviewed the major issues and concerns; he noted that this property could be divided into five 35-acre exemptions without County input or potentially 18 single-family sites if brought through the subdivision process. For the record, Mr. Reidhead noted that the tenant house cannot be separated from the family farmstead and it is the intention of the Lind Family to keep the land in agricultural production. Mr. Reidhead informed the Board that the Rural Land Use Board felt that the benefits of this request to the community are: 1) Protection of agricultural land; 2) Preservation of rural character within view of I-25; 3) Architectural controls; and 4) Citing of the residents to respect both ridgeline and neighbors. Mr. Reidhead continued that the benefits to the owner are: 1) Five additional residential lots (5 more than if they had divided the land into 35 acre parcels); 2) The ability to continue farming; and 3) The preservation of prime agricultural land. Mr. Jim Sell, representing the applicant, stated that the Lind Family has farmed this land for over 60 years and they want to preserve the opportunity for other family members to farm in the future and so are pursuing this route with clustering, which will allow them to retain about 100 acres of farm land; he noted that with the 35-acre approach, there would not be any covenants on this land, but there will be covenants with this rural land use process.

Ruth Herickhoff, adjacent property owner to the subject property, raised concerns regarding the maintenance of CR 52; she noted that the condition of the road is awful and increased traffic will make it worse. Ms. Herickhoff stated that the people that live in this area don't want the road paved, but she wants the developer to have some responsibility regarding its maintenance. Another concern raised by Ms. Herickhoff is that in the country they are allowed to ditch burn and there are no hydrants to protect the nine new homes; she stated that she does not object to this development, just that there are no qualifications and the neighbors have a right to know what the covenants are and how many animals are going to be allowed on each property.

Commissioner Clarke responded to Ms. Herickhoff's concerns that the County has received comments from Poudre Fire Authority which indicate that the access proposed to these lots seems to be adequate and they are going to require two fire hydrants; with regard to the covenants, he noted that this is only the preliminary plan and all of her concerns will be addressed as it moves toward final approval. Susy Dallow, another adjacent property owner, expressed concern about the number of septic systems to be added to this property and she is concerned about the drainage into the pond. Mr. Ryan responded that he shares her concerns about the septic systems and potable water supply; however, he noted that in this case, the density proposed here is quite low and will be compatible with preserving water quality in the area and the lone-type soil on this property is the highest quality soil for treating affluent. Mr. Sheldon stated that when a gravel road in the County gets close to the 200 daily traffic count, they consider a measure of dust control and stabilization to decrease the maintenance costs; he noted that the current treatment of the road is with magnesium chloride. Mr. Sheldon stated that in 1995, CR 3 had about only 75 daily trips, which is way below the 200 threshold; he noted that in 1995, CR 52 had about 190 vehicle trips per day and as a rule, pavement or chip seal surfaces aren't considered until the count is around 800. In rebuttal to the concern about the septic systems and the ground water and, to give some historical perspective to use of the land, Mr. Sell stated that as recently as two years ago, the Linds had 500 head of cattle and 1000 head of sheep on this farm. Discussion among the Board followed.

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners adopt the staff findings and the recommendation of the Rural Land Use Center Director and Advisory Board and approve the Lind Farm Preliminary Rural Land Plan (#97-EX1175), with the conditions as outlined.

Motion carried 3 - 0.

The hearing adjourned at 3:35 p.m.

TUESDAY, FEBRUARY 10, 1998

ADMINISTRATIVE MATTERS

(#295 & 296)

The Board of County Commissioners met at 9:00 a.m. in regular session with Frank Lancaster, County Manager. Chair Olson presided and Commissioners Clarke and Disney were present. Also present were: Susan Szymanski, Grants Manager; Rob Helmick, Senior Planner; Marc Engemoen, Public Works Director; Lonnie Sheldon, Project Engineer; Neil Gluckman, Assistant County Manager; and Deni LaRue, Community Information Officer. Recording Clerk, Gael Cookman.

1. OPEN SESSION FOR PUBLIC COMMENT: Phil Mazur and Dirk Banks explained that they were before the Board as representatives of their community to voice their concerns regarding the Town of Berthoud's intention to annex their community and surrounding areas. Mr. Mazur explained that they feel their community is unrepresented and that their concerns have fallen on "deaf ears" at the Town meetings they have attended; he requested the Commissioners take a more active role in this issue so that the citizens who will be affected by this will better understand the County's position and concerns regarding this issue. Commissioner Disney explained that the County has responded by recommending denial; however, the Town of Berthoud is continuing to pursue the annexation. Mr. Mazur reiterated that he felt it was important to have the community citizens hear from the Commissioners since a lot of the citizens seemed to be unaware of the County's position and the potential problems; he insisted that the citizens need to be more informed. Some discussion followed regarding the traffic situation at County Roads 14 and 17, the road maintenance responsibility, and about whether or not this annexation violates the Intergovernmental Agreement between Larimer County and the Town of Berthoud. The Commissioners welcomed Mr. Mazur and Mr. Banks to attend the discussion regarding this issue scheduled for 10:00 a.m. this morning.

2. APPROVAL OF MINUTES FOR WEEK OF FEBRUARY 2, 1998:

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the Minutes for the week of February 2, 1998, as submitted.

Motion carried 3-0.

3. APPROVAL OF SCHEDULE FOR WEEK OF FEBRUARY 16, 1998:

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the Schedule for the week of February 16, 1998, as submitted.

Motion carried 3-0.

4. APPROVAL OF CONSENT AGENDA:

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners approve the following documents as listed on the Consent Agenda for Document Review on February 10, 1998:

PETITIONS FOR ABATEMENT were approved for the following: Estes Park Lumber Company; Associates South; Tulakes Associates; Double "D" Delis, LLC; Kenneth Pastor; Thomas and Joyce Jones (2 parcels); Dennis Houska; Lee and Joan Fetters; and John Mclean.

MISCELLANEOUS DOCUMENTS: Pinewood Springs Ninth Filing Lots 2 and 3.

LIQUOR LICENSES: County approval for license renewal was granted to Johnsons Corner - 3.2% - Loveland, CO; Glen Haven Inn - 6% - Glen Haven, CO; Horsetooth Yacht Club - 6% - Fort Collins; Scorched Tree Bed and Breakfast - Bed & Breakfast Permit - Bellvue, CO; Schmidt's Olde Time Bakery - 6% - Loveland, CO; and Lovin Oven - 6% - Loveland, CO. Licenses were issued to: Red Feathers Carry Out - 6% - Red Feather, CO; Vern's Liquor - 6% - LaPorte, CO; Classic Catering - 6% - Fort Collins, CO; Branding Iron Liquor - 6% - LaPorte, CO; and Convenience Plus - 3.2% - Fort Collins, CO.

A98-14 AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND COMPUTER REPAIR TECHNOLOGY (Computer Maintenance Agreement)

A98-15 AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND RICHARD A. MALEK, M.D.

(for Professional Services)

A98-16 AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND DANIEL A. KORB, M.D.

(for Personal Services)

A98-17 AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE TOWN OF WELLINGTON

(for Law Enforcement)

Motion carried 3-0.

5. REVISED 1998 HUMAN RESOURCE GRANT ALLOCATIONS: Ms. Szymanski explained that they have heard the appeals regarding the proposed 1998 Human Resource Committee Allocation Recommendations which were first presented on January 6, 1998; she noted that there were some changes concerning the funding recommendations for Turning Point, Women's Center Health Care, Women's Center Career Quest, and the Contingency Funds balance.

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners approve the revised recommended Human Resource Grant Allocations.

Motion carried 3-0.

6. APPOINTMENT TO THE OPEN LANDS BOARD: Commissioner Olson explained that Gary Klaphake stated that he was serving on both the Solid Waste Task Force and the Estes Park Land Trust Board and could not continue serving on the Larimer County Open Lands Board.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners appoint George Hix to the Open Lands Board to fill the unexpired term of Gary Klaphake ending June 30, 1999.

Motion carried 3-0.

7. ADOPTION OF 1998 SALARIES FOR PSYCHIATRISTS AT THE MENTAL HEALTH CENTER: Mr. Lancaster explained that there was some miscommunication pertaining to what the psychiatrists salaries were intended to be; he noted that this is a very conservative two percent increase over last years' rate for the contracted psychiatrists.

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners approve the resolution establishing compensation for psychiatrists at the Larimer County Mental Health Center.

Motion carried 3-0.

8. WORKSESSION: Mr. Lancaster discussed the agenda for the upcoming Joint Meeting with the City of Fort Collins Council. The Commissioners gave their input with regards to the proposed agenda noting that the update on the IGA and Fossil Creek Plan might not need to be discussed; however, they stressed the importance of discussing the item on Coordination and Improvements of Radio Communications. Commissioner Disney recommended inviting Loveland Council Members to the meeting so they could also benefit from this discussion as the ultimate goal would be to have all of the communities be able to communicate with each other. Chair Olson also recommended inviting our State Delegates as there is a Bill which has been introduced which claims to address and possibly fix the communication problems; she noted that this Bill needs clarification. Additional scheduled agenda items include an update on Juvenile Holding and Assessment and an Update on Building Projects.

9. DISCUSSION OF BERTHOUD ANNEXATIONS: Mr. Helmick explained that the Town of Berthoud is considering annexation of a project known as Taft Centre which is located at County Roads 17 and 14; he noted that planning staff forwarded a letter to the Town of Berthoud which concluded that the proposal was not consistent with the existing Intergovernmental Agreement between Larimer County and the Town of Berthoud therefore, staff did not support the proposal. Mr. Helmick explained that there are now two other annexation proposals targeting the Hammond and Lonetree projects that fall within the same scenario, and two other referrals which include Matthews and Berthoud Commons; he noted that Matthews and Berthoud Commons are within the Berthoud Urban Growth Area the only real concerns with these proposals are coordination with Engineering Department on transportation improvements and ensuring that the full width of the right-of-way is taken as required by State Law and our IGA. Mr. Helmick requested guidance how the Board would like planning staff to handle the concerns of the County citizens and how best to represent them to the town of Berthoud; he noted that planning staff has received a number of calls from citizens within Taft Centre and that calls will probably increase with the Hammond and Lonetree possible annexations. Mr. Engemoen stated that the trip counts on County Road 17 are already at 10,000 trips per day, which is the maximum designed capacity for this road. Commissioner Disney explained the costs involved to widen this road would be approximately one million dollars per mile, and the County has no money to fund this; he further explained that if the Town of Berthoud wanted to annex this area, then they would be responsible for these improvements and quite frankly, they don't have the money to do this either. Commissioner Clarke stated that if Berthoud wanted to annex that far out, then they should build the road to urban standards first. Chair Olson explained that there were some citizens here today for public comment stressing the importance of having representation from the County, either by Commissioner attendance or Planning Staff or both. Chair Disney suggested composing a cover letter from the Board which would include Staff comments and he volunteered to take it down to the next Town Board Meeting.

10. COMMISSIONER REPORTS:

-- Commissioner Clarke stated he was concerned with how to continue funding the Communities in Schools (CIS) project; he noted it is exceptionally difficult to obtain public support for this because from the citizen point of view they already pay for schooling with their taxes. Commissioner Clarke noted that there has already been $163,000 spent on this program within the three schools that currently have the program in place; he explained that the options would be either to close the program or to revise the way the County delivers social services by providing a more preventative approach as opposed to reacting after the fact. Some discussion followed and Commissioner Clarke stated that he just wanted to bring this problem to their attention since this would probably be an issue to resolve sometime in the near future.

Commissioner Clarke stated that there are some Counties that have not used their money from the Special Bridge Fund and the State is looking to redistribute these funds; he noted that Larimer County is on the report as not having used all of the funds allocated for 1997 and he asked Mr. Lancaster to look into this. Commissioner Clarke explained that the projects have probably not been fully closed out from 1997 and when they are, the money will then be accounted for. Mr. Lancaster indicated that he would look into this. Commissioner Clarke then reviewed some of the Legislative Bills that he has been working on.

-- Chair Olson described her visit with the Department of Corrections, noting that they will probably be in a better position to keep their prisoners out of our Detention Center during our scheduled remodeling. She explained her visits with Doug Brown from the Legislative Legal Affairs Office on how the legislature works and with Jeannie Atkins and Bob Kirsch with regard to CCI. Chair Olson stated that she also met with the head of the JBC Staff and learned about Amendment 1 and its impacts; she noted that she also attended the Local Government Affairs and Transportation Committee Meetings. Chair Olson stated that the Fossil Creek Open House went real well and the format was appropriate.

-- Commissioner Disney had some suggestions with regards to the wording of the proposed statement on the County's position on the growth limitation initiative in Estes Park and clarified that the County does want to sign on as being opposed to this; he had some questions regarding a Bill that addresses establishing a local taxing authority for the bed/pillow tax that Estes Park wanted to do and he asked Mr. Gluckman to investigate this. Commissioner Disney also explained that the North Front Range Council Meeting is going to have a presentation regarding the Rural Transportation Authority and if it is informative enough, he suggested inviting them here for a presentation.

At this time County Attorney's George Hass and Jeannine Haag, Planner Richael Michels and Chief Planner Russ Legg joined the meeting for legal matters.

11. LEGAL MATTERS: Ms. Michels explained that Commissioner Clarke had expressed an interest in more strict enforcement of the subdivision resolution which does not allow minor residential development to be permitted on parcels of 35 acres or more that were created under the Senate Bill 35 provisions; she explained that she wrote a new resolution which addresses not allowing the MRD's on the 35 acre parcels. Commissioner Clarke noted that this will help when people come to the Board with a piece of property that they have divided without any review under the 35 acre process and then request the Board to divide it for them according to an MRD which is a special exemption process; he further explained that people are entitled to subdivide their property, but the Board should not be expected to then provide them with a special exemption to allow them to do an MRD. Ms. Michels requested guidance on how to adopt this new policy. Commissioner Clarke stated that it should go to the Planning Commission for public input and then have press releases and hold a public hearing, and finally have it as an agenda item on a future land use meeting. Mr. Lancaster also suggested putting it on the WEB page.

Mr. Legg stated that he is ready to advertise the Fossil Creek Plan; however, since this plan deals with adopting regulations and boundary changes, there is a 30-day notice requirement for advertising; he noted that this means the Board would have to accept public testimony at the scheduled March 23rd hearing. Mr. Legg stated that an alternate hearing date, in case it was needed could be at 3:00 on the March 30th. Some discussion followed on how this plan would affect the surrounding areas

Ms. Haag requested signature on an Assignment of License by Werthwhile LLC to 1st Choice Bank; she explained that this is a collateral assignment provision as Werthwhile LLC is the licensee under the agreement between the Board of County Commissioners for Marina Operations at Horsetooth Reservoir. Ms. Haag noted that if the licensee defaults under this Assignment of License ,the bank could not further transfer responsibility of this license without the County authorizing to whom it would be transferred.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the Assignment of License by Werthwhile LLC to 1st Choice Bank.

Motion carried 3-0.

A98-18 ASSIGNMENT OF LICENSE BY WERTHWHILE LLC TO 1ST CHOICE BANK (re: License for Marina Operations at Horsetooth Reservoir.)

Ms. Haag noted that she had been in receipt of some e-mail regarding the transporation authorities and the possibility of collecting impact fees in connection with the Rural Transportation Authority; she gave a brief outline of the legalities involved with setting up a Rural Transportation Authority. Much discussion followed during which Commissioner Disney stated some of the reasons for setting up a Rural Transportaion Authority are that it could provide a means to create local improvement districts, through amendment it could possibly allow the RTA to include impact fees for use of roads that cross over county and city boundary lines for road improvements, and it would allow the RTA to sell Bonds, etc.

Mr. Hass requested signatures on two resolutions regarding the purchase of property from Soderberg Brothers and the Wilson's and Buckner's; he explained that no motion was necessary as this decision had been previously approved by the Board and this was just another step in acquiring these properties.

R98-17g RESOLUTION BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND DONN H. WILSON, GLENN O. WILSON, KENN L. WILSON, NEAL E. BUCKNER, STEVEN L. BUCKNER AND RICHARD L. BUCKNER FOR THE PURCHASE OF THE BUCKNER PROPERTY

R 98-18g RESOLUTION BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE SODERBERG BROTHERS FOR THE PURCHASE OF THE SODERBERG PROPERTY

Chair Olson explained the situation with the Berthoud annexation and asked Ms. Haag to research the IGA between the Larimer County and the Town of Berthoud, to see if what the Town of Berthoud is trying to do violates the IGA. Ms. Haag indicated that she would do so.

Mr. Lancaster produced a contract between the Board of County Commissioners and the State of Colorado Department of Public Health and Environment for establishing a regional trauma center. The Commissioners made a motion to approve the contract after it has been reviewed by Mr. Hass.

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners approve the contract to establish a regional trauma center, contingent upon approval by the County Attorney.

Motion carried 3-0.

C98-07 CONTRACT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT (re: Trauma Center)

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners go into Executive Session at 11:40 a.m..

Motion carried 3-0.

Meeting recessed at 12:10 p.m. with no further action taken.

Liquor License Hearing for the

American Legion Alonzo Martinez Post 187

The Board reconvened at 1:30 p.m. with County Attorney George Hass for a Liquor License Hearing for the American Legion Alonzo Martinez Post 187; however, the meeting was vacated and will be rescheduled at a later date due to some unresolved issues with Planning and Zoning.

___________________________________________

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