PROCEEDINGS OF THE BOARD OF COUNTY COMMISSIONERS

MONDAY, APRIL 27, 1998

LAND-USE PLANNING MEETING

(#323)

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: Brice Miller, Building Official; John Pedas, Code Enforcement Officer; Rob Helmick, Senior Planner; and Jeannine Haag, Assistant County Attorney. Recording Clerk, Sherry Graves.

Chair Olson noted 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. ADOPTION OF UNIFORM BUILDING CODES OF THE LARIMER

COUNTY BUILDING DEPARTMENT

The Planning Commission/Staff recommendation is for approval of a resolution adopting revisions to the Amendments of the 1997 Uniform Building Code, the 1997 Uniform Code for the Abatement of Dangerous Buildings, the 1997 Uniform Mechanical Code, the 1997 Uniform Plumbing Code, and the Colorado Energy Conservation Standards, effective May 1, 1998, as outlined in the staff report for today. The Planning Commission also recommended that the Board of County Commissioners encourage development of building designs and standards which incorporate the use of alternative building materials and energy efficient practices and methodologies.

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners adopt revisions to the Amendments of the 1997 Uniform Building Code, the 1997 Uniform Code for the Abatement of Dangerous Buildings, the 1997 Uniform Mechanical Code, the 1997 Uniform Plumbing Code, the Colorado Energy Conservation Standards for 1997, and encourage development of building designs and standards which incorporate the use of alternative building materials and energy efficient practices and methodologies.

Motion carried 3 - 0.

2. MCINTIRE MOBILE HOME SALVAGE ZONING VIOLATION

(#97-ZV1127): 709 N. HIGHWAY 287

This alleged violation is regarding a mobile home salvage operation on a property with a "Conditional" C-Commercial Zone and Use approval and for moving in a single wide mobile home and occupying it as a second dwelling without a permit. Mr. Pedas informed the Board that the allegation that a mobile home was being used as a second dwelling has been resolved. Mr. Pedas submitted several visual documents and photos of the site, provided the background information of the alleged violation, and reviewed the major issues and concerns. Mr. Pedas stated that several "junk" single wide mobile homes were moved onto the property to be salvaged, which has resulted in a massive "junk pile" of wood, insulation and other debris; he noted, however, that some progress has been made in cleaning the property. Mr. Pedas stated that adjacent property owners have called regarding the unsightliness of the property and one property owner, who has her property for sale, has complained that she is having difficulty getting people to even look at their property because of the unsightliness. Mr. Pedas stated that he also has received calls from citizens driving down Highway 287 citing their concern about the appearance of this property. Staff findings include: 1) The subject property is zoned "Conditional" Commercial for a used car lot; 2) Mobile home salvage is not permitted on the subject property; 3) Only one principal building (dwelling) is permitted on the property; 4) Junk and other debris on the property is creating an unsightly condition; 5) Wood and other debris on the property is creating a severe fire safety hazard; 6) Continued use of the property inconsistent with the zoning has severely affected property values in the neighborhood. The staff recommendation is to find that a violation exists, require compliance within 30 days, and authorize legal action if the deadline is not met.

Terry Walter, property owner, explained the reason for the unsightly situation and agreed that it is a mess; she noted that both she and her husband are on disability and the work is going very slow even though they hired two people to help. Ms. Walter stated that they have part of the yard cleaned and intend to complete the clean-up as soon as possible. Commissioner Disney asked if it would be appropriate to use workenders from the Sheriff's Department to help with the clean-up because of the public benefit to be derived; Commissioner Clarke concurred with the suggestion and recommended that the property owners contact the Sheriff's Office about this possibility.

M O T I O N

Commissioner Disney moved that, in the matter of the McIntire Mobile Home Salvage Zoning Violation (#97-ZV1127), the Board of County Commissioners find that a violation exists, require compliance within 30 days, and authorize legal action if the deadline is not met.

Motion carried 3 - 0.

3. O'REAR MOBILE HOME/JUNK ZONING VIOLATION (#98-ZV1183):

2944 LAPORTE AVENUE

This alleged violation is for moving a mobile home onto the property as a second dwelling unit without a permit, and for accumulation of unsightly junk and other debris on the site. Mr. Pedas submitted pictures of the subject property and a letter from an adjacent property owner citing concerns, provided the background information regarding the alleged violation, and reviewed the major concerns and issues. Staff findings are: 1) The mobile home moved on the property is a second dwelling, not permitted under current zoning regulations; 2) The accumulation of junk and other debris on the property impairs public health and safety by creating undesirable, adverse environmental influences; 3) Continued use of the property inconsistent with the zoning regulations will affect property values in the neighborhood. The staff recommendation is to find that a violation exists, require compliance within 30 days, and authorize legal action if the deadline is not met.

The property owner was not present for today's hearing.

M O T I O N

Commissioner Clarke moved that, in the matter of the O'Rear Mobile Home/Junk Violation (#98-ZV1183), the Board of County Commissioners find that a violation exists, require compliance within 30 days, and authorize legal action if the deadline is not met.

Motion carried 3 - 0.

4. MONROE EXCAVATION WAIVER OF FEES REQUEST (#98-ZR1202):

33-10-73 - 5445 COUNTY ROAD 68C IN RED FEATHER LAKES;

This is a request to waive the application fees associated with a Special Review application for Marion Monroe/Monroe Excavating. Mr. Helmick noted that this request for waiver of fees is being made subsequent to the Board of County Commissioners finding that a zoning violation exists on the property during a hearing held on February 23, 1998. Mr. Helmick stated that the fees for CTR are $600 and the special use application fee is $1600, for a total of $2,200; however, he noted that because of a thorough pre-application conference on this special review with Mr. Monroe and his counsel, it was decided at administrative level to waive the CTR process, which requires a fee of $600. Staff findings are: 1) The Board of County Commissioners adopted the current fees schedule for development review applications to recoup the costs of the process; 2) The applicant has been found in violation of zoning on this site; 3) The applicant has chosen to pursue this course of action to remedy the violation; 4) To confer this benefit on a particular applicant suggests that other operators could make the same argument; i.e., that the use is of importance to the local area, and therefore, the fees should be waived; 5) Although the use currently exists on the site, the review of this application would not be significantly different from any other application. The staff recommendation is for the Board of County Commissioners to deny the request to waive the fees associated with the submission of the Special Review application for Monroe Excavation.

Rick Boge, attorney for the applicant, stated that there are some special circumstances surrounding this request that they feel are worthy of the Board's consideration; he noted that when Mr. Monroe was first notified that there was an issue with a non-conforming use, he responded immediately, had a meeting with Mr. Pedas and the County and the prior owner, and the issues were discussed and the preliminary indication was that he was to provide a letter from the prior owner that there was a continuing on-going use and that would probably resolve the issue. Mr. Boge continued that unfortunately it did not and during the hearing in February before the County Commissioners, eight (8) people testified about the on-going and continuing use, plus 2 letters were submitted at that time stating same, and some of the testimony at the hearing addressed the issue of public benefit provided by Mr. Monroe. Mr. Boge submitted another letter today from the Pastor of the Morning Star Community Church stating that the parking of equipment on this property does not bother them and that Mr. Monroe has provided a benefit to them. Mr. Monroe addressed the Board and reviewed the ways he has been a benefit to the community and stated that he is asking for the fees to be waived because spring is a bad time for excavators and he has less cash flow in the spring. Mr. Monroe also noted that he did some work for the Road and Bridge Department and has not been paid in full; Commissioner Clarke asked about this. Mr. Monroe stated that he has a contract for blasting work on McNey Hill and the County doesn't want to pay the remainder of the bill until the project is completed, but his work is finished. In summary, Mr. Boge stated that public benefit is just one factor to consider; other factors are that there has been an on-going use on the property, there is an on-going contract with the County for maintenance of roads in the area, and he also noted that as of January 1, 1998, the fees increased, but these issues were first addressed with Mr. Monroe and the County in 1997. Mr. Helmick stated that the prior fees for special review were $1300 and $500 for CTR; he did remind the Board of the Pohlit appeal case in which the Board waived 50% of the fees. Commissioner Disney suggested that we need to review the terms of the contract with Larimer County to see if Mr. Monroe should be paid what is due him; he noted that fees are charged to cover our costs and these are costs to the taxpayers and, in this case, he agrees with staff that there is not an unusual significant public benefit to the taxpayers. Commissioner Clarke also stated that fees are designed to recoup costs and the Planning Department is not a profit center for Larimer County. The Board concurred that the waiver of the fees for CTR, as noted by Mr. Helmick, is sufficient and fair.

M O T I O N

Commissioner Clarke moved that, in the matter of the Monroe Excavation Waiver of Fees Request, the Board of County Commissioners deny the request to waive the fees associated with the submission of the Special Review application for Monroe Excavation.

Motion carried 3 - 0.

The meeting recessed at 4:00 p.m.

CONTINUATION OF LAND-USE HEARING

(#324 & 325)

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: Richael Michels, Planner, Lonnie Sheldon, Project Engineer, Doug Ryan, Environmental Planner, Marc Engemoen, Director of Public Works, and Jeannine Haag, Assistant County Attorney. Recording Clerk, Gael Cookman.

1. RESTHAVEN FUNERAL CHAPEL SPECIAL REVIEW #97ZR1113: SW 1/4 240669; AT THE NORTHEAST CORNER OF US HIGHWAY 287 AND COUNTY ROAD 30; FA, FARMING ZONING

Ms. Michels noted that the Board had previously reviewed this application in August of 1997; therefore, she would only present a brief description of the application. Ms. Michels explained that this was a request to develop a 9,000 square foot mortuary with a chapel, three state rooms, offices and other rooms, on 2.7 acres of the existing Resthaven Cemetery; she noted that the Board of County Commissioners' two major concerns at the August hearing were: 1) a zoning violation concerning the high number of burial vaults that were being stored on the premises, and 2) the question of how traffic would safely return to Loveland (southbound) as a left turn lane from the entrance of the site could prove to be very dangerous in light of the increased traffic that this improved facility would attract. Ms. Michels also stated that there were some additional concerns from the surrounding neighbors regarding the drainage and commercialization of the site. Ms. Michels noted that the storage of the vaults on site had been addressed and that the applicant had removed all but 100 vaults, which they would be allowed to legally maintain.

Mr. Sheldon explained the traffic situation and the proposed entrance and exit points for the facility; he noted that the applicant is requesting two access points to the cemetery, one full service access that would allow both right and left turns onto Highway 287, and one further north, that would allow only right hand turns in and out of the facility; however, staff is recommending just one entrance/exit onto US Highway 287 . Commissioner's Disney and Clarke were opposed to having the traffic being able to make a left hand turn from the cemetery; they proposed the southbound traffic be routed back down to County Road 30 as this is where oncoming vehicles would anticipate encountering crossing traffic. Much discussion ensued regarding the flow of traffic from this facility, during which Jack Vahrenwald(attorney for the applicant SCI Colorado Funeral Services) and Matt Delich (traffic engineer for the applicant) explained that their studies concluded the public would be better served by the two left turn options, one at the cemetery and one at County Road 30, so that County Road 30 would not become overburdened; they also explained that County engineering staff agreed and supported this option as the safer one, until a traffic signal was warranted at the County Road 30 intersection. At that time, all southbound traffic from the cemetery would be routed to this intersection. Mr. Sheldon agreed and stated that the level of service (wait time and situation) is different when a traffic signal is present. Mr. Sheldon noted that most motorists will relax and wait their turn at a signal; however, there is a certain amount of anxiety associated with turning into traffic from a stop sign and the longer people have to wait to do so, the more likely they are to rush into a gap in traffic that might be unsafe. All parties agreed that it would be difficult to determine when a traffic signal might be warranted at County Road 30 since the proposed development to the west (the Longview Midway Business Park) and the development to the south (Summerfield PUD) have not yet to be constructed. Commissioner Clarke stated that not routing the traffic from the cemetery down to County Road 30 might delay the warranting of the traffic signal; however, both the applicant and Mr. Sheldon stated that most of the traffic coming from the cemetery would be during the offpeak hours of traffic and even if it was directed to County Road 30, it would probably not contribute significantly to the warranting of the traffic signal. After a lengthy discussion of the traffic concerns, Chair Olson opened the meeting for public comment.

A number of citizens from the surrounding neighborhoods addressed the Board with their concerns, which included: 1) keeping their community as a rural area, 2) concerns that rather than drive down to County Road 30, people may use their neighborhood (Manor Ridge) as a place to turn around in order to make a left hand turn, 3) traffic increases that will arise with the proposed 116 car parking lot 3) concerns with the seepage from the existing cemetery reservoir, 4) concerns that a crematorium will still be constructed sometime in the future, which would affect their quality of life and possibly the air quality in the community, 5) concerns for alleged trespassing by cemetery personnel on to their private property, and 6) concerns regarding the fact that there is an elementary school nearby to the east, and more traffic heading east could become a problem in this area.

Mr. Vahrenwald explained that County engineering has approved the site drainage plan and that their own engineers have inspected the reservoir noting that it is sound and not leaking. Mr. Sheldon verified that it is indeed a solid plan that far exceeds the Larimer County Stormwater Management requirements, as the applicant will lower the water level to allow for two, onehundred year floods, backtoback. (Current stormwater management requires providing for one, onehundred year flood.) Mr. Sheldon also stated that this is a retention pond that will contain the water and, it could be skimmed or pumped for sediment or contaminates if necessary. Mr. Vahrenwald reiterated that allowing left hand turns out of the cemetery was the safest way to direct traffic at this point; however, they would start directing southbound traffic to County Road 30 as soon as a traffic signal was in place at that location. Mr. Vahrenwald further noted that the applicant would agree to have only the one full service point of access on to the site, rather than the initial request of two access points. Mr. Vahrenwald addressed the issue of the crematorium by explaining that they do not intend to build one at this time, and if they chose to pursue this in the future, they would have to bring it before the Board in a public hearing once again. Ms. Haag agreed that the County could not enforce a covenant or agreement that would prohibit a crematorium from being built in the future and that it would be a matter for future Boards to consider. In conclusion, Mr. Vahrenwald requested that the Board of County Commissioners approve the Resthaven Funeral Chapel Special Review.

Commissioner Clarke stated that this was an extremely complicated issue as there are many factors involved; he explained that he was initially convinced that moving the southbound traffic down to County Road 30 to make the left hand turns was the best solution, but in light of Mr. Sheldon's comments about the potential anxiety of waiting at a stop sign, trying to find a break in traffic, he now was unsure whether pushing all the traffic down to this intersection would be the best possible scenario. Commissioner Clarke recommended that the Board request a continuance in order to combine all of the conditions into one document, and to obtain a better idea of what would be the best way to trigger the installation of a signal at County Road 30. Commissioner Disney stated that there is also a question of adequate public facilities and noted that he felt this project should not be approved until the traffic signal is in place at County Road 30. Chair Olson suggested that a weed control plan be required and that a mosquito abatement program be required and that this program should be coordinated with the existing efforts of the Manor Ridge HOA to control mosquitoes in the area, as well as determining the proper boundaries in order to address the trespassing issue. She also requested that a visual of what the drainage pond will look like after the level is lowered to accommodate the drainage plan requirements.

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners continue this hearing on June 1st, 1998 at 3:00 p.m.

Motion carried 30.

Meeting adjourned at 10:10 p.m.

TUESDAY, APRIL 28, 1998

ADMINISTRATIVE MATTERS

(#326)

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: Greg Pickett, Director of Parks and Open Lands; Donna Hart, Commissioner's Office Staff Services Manager; and Deni LaRue, Community Information Manager. Recording Clerk, Sherry Graves.

1. OPEN SESSION FOR PUBLIC COMMENT: The following persons addressed the Board during the open session for public comment: George Banderet, Jack Swets, and Mitzi Zmerzlikar. With regard to a situation discussed previously with the Board about the WCR6 road closure, Mr. Banderet asked for an update from the Board; Chair Olson stated that the last the Board heard about this situation was that County Attorney George Hass was going to contact their attorney. Mr. Banderet stated that now there is another property owner on the north side that is getting ready to install gates; he reminded the Board that according to State Statutes, if a road has been used over private lands for more than 20 years, it becomes a public road. Mr. Banderet stated that on their Deed it states that there is a 30 ft. easement for a public road and he has numerous affidavits stating that this road as been used since the late 1920's. Mr. Banderet stated that the County needs to get involved as the situation is not going to stop until someone of authority steps in; Chair Olson informed Mr. Banderet that this matter needs to be resolved upstairs in the courts. Commissioner Clarke concurred that at this point, there isn't much the County can do to help with this situation.

Mr. Swets, Timnath resident upset over the reconstruction of the bridge and road at CR 5 and Harmony, stated he would like to retract a statement he made to Marc Engemoen, Director of Public Works, in which he said that as soon as the south side of the 203 bridge washes out again, he was going to run a D8 in there and rebuild it; however, he wanted to state for the record that he is not going to touch it. Mr. Swets stated that he has already discussed with his attorney about filing suit for flood damages when it happens; he noted that when he calls the Engineering Department, he can get no response. Mr. Swets stated that a fence was supposed to be replaced in his yard, but that has not happened, and the contractor left an absolute mess out there. Mr. Swets reported to the Board that Alex Schneider, the 80-year old man who had the train which thousands of children rode on every year, is moving away because of harassment and mistreatment by the County; he noted that a little bit of common sense, logic and decency would have prevented it. Mr. Swets would like to have another meeting to discuss this issue with the Board, at their convenience, and Mr. Engemoen; the Board will discuss this possibility with the County Attorney beforehand to see if such a meeting is permissible with the pending lawsuit.

Ms. Zmerzlikar came to say Thank you" to the Board for understanding the important issues relative to the Resthaven Funeral Chapel Special Review request and for not rushing into a decision during the hearing last night.

2. DISSOLUTION OF FAIRGROUNDS COMMITTEE: Mr. Pickett requested Board approval for the dissolution of the Fairgrounds Task Force, which has completed its assigned charge to review available options for renovation and/or relocation of the Larimer County Fairgrounds, culminating in the execution of an option to purchase the property identified by the Task Force as the optimum location for a future fairgrounds and event center. Commissioner Disney stated that the members of this Task Force served with great distinction. Commissioner Clarke stated that, with regard to the analysis of the economics of the new fairgrounds and event center, there needs to be public participation and meaningful input in order for the initiative to pass in the November election. Commissioner Disney stated that the citizens of Fort Collins need to be made aware of the benefits to them of this new events center. Discussion followed and Commissioner Clarke recommended that Mr. Pickett, as well as other key personnel in the County, attend a Bleiker SDIC training session.

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners approve the dissolution of the Fairgrounds Task Force, effective immediately, with thanks and recognition to the members for their service and the successful completion of their assignment.

Motion carried 3 - 0.

3. FUNDING FOR ANCILLARY COSTS TO PURCHASE SWIFT PROPERTY: Mr. Pickett requested approval from the Board for an expenditure of funds from the Capital Expenditure Fund not to exceed $12,000 for ancillary costs associated with the option to purchase the Swift property; he noted those ancillary costs will include an appraisal, environmental assessment, and survey of the property.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners authorize the expenditure of funds from the Capital Expenditure Fund, not to exceed $12,000, for ancillary costs, including an appraisal, environmental assessment and survey of the property on which an option to purchase has been executed for proposed future use as a fairgrounds and event center.

Motion carried 3 - 0.

4. APPROVAL OF MINUTES FOR WEEK OF APRIL 20, 1998:

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners approve the Minutes for the week of April 20, 1998, as submitted and revised.

Motion carried 3 - 0.

5. APPROVAL OF SCHEDULE FOR WEEK OF MAY 4, 1998:

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the Schedule for the week of May 4, 1998, as submitted and revised.

Motion carried 3 - 0.

6. 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 for April 28, 1998:

PETITIONS FOR ABATEMENT, as recommended by the County Assessor, were approved for the following: Elm Court Associates; Thomas & Beatrice Menjares; Hollis & Elmarie Frank; Kingston Associates, LLC (2 petitions); and Oasis Development Limited Liability Company (3 petitions).

MISCELLANEOUS DOCUMENTS: Pinewood Springs 9th, Lots 2 & 3 Amended Plat; and PY 1998 Combined Plan - Job Training Partnership Act and Wagner-Peyser Plan July 1, 1998 - June 30, 2000.

A98-61 SUBDIVISION IMPROVEMENT AGREEMENT BETWEEN THE

BOARD OF COUNTY COMMISSIONERS AND ROBERT D.

WHIPKEY (Dry Creek Storage PUD, Phase I)

A98-62 CHAPLAIN SERVICES AGREEMENT BETWEEN THE BOARD OF

COUNTY COMMISSIONERS AND FREEDOM FELLOWSHIP

(Provision of Inmate Chaplain Services)

A98-63 FRAUD REIMBURSEMENT AGREEMENT BETWEEN STUART

VANMEVEREN, DISTRICT ATTORNEY, EIGHTH JUDICIAL

DISTRICT AND LARIMER COUNTY DEPARTMENT OF

COMMUNITY SERVICES (Services for Alleged Fraudulent Cases)

A98-64 FOOD STAMP COOPERATIVE REIMBURSEMENT AGREEMENT

BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND

THE STATE OF COLORADO, DEPARTMENT OF HUMAN

SERVICES (Enhances Funding Reimbursement Program)

A98-65 PURCHASE OF SERVICES AGREEMENT BETWEEN THE

LARIMER COUNTY DEPARTMENT OF COMMUNITY SERVICES

AND STUART VANMEVEREN, DISTRICT ATTORNEY EIGHTH

JUDICIAL DISTRICT (Services for the Food Stamp Program)

C98-15 CHANGE ORDER LETTER TO THE SINGLE ENTRY POINT

AGENCY CONTRACT BETWEEN THE BOARD OF COUNTY

COMMISSIONERS AND THE STATE OF COLORADO,

DEPARTMENT OF HEALTH CARE POLICY AND FINANCING

(Amendment to Original Contract to Allow for an Increase of Funding -

Original Contract dated July 1, 1997 through June 30, 1999)

C98-16 CONTRACT AMENDMENT #1 BETWEEN THE BOARD OF COUNTY

COMMISSIONERS FOR USE AND BENEFIT OF THE LARIMER

COUNTY EMPLOYMENT & TRAINING SERVICES AND STATE OF

COLORADO FOR USE AND BENEFIT OF THE STATE BOARD FOR

COMMUNITY COLLEGES AND OCCUPATIONAL EDUCATION ON

BEHALF OF GOVERNOR'S COMMISSION ON NATIONAL AND

COMMUNITY SERVICE COLORADO AMERICORPS PROGRAM

(Contract Extension)

C98-17 CONTRACT BETWEEN THE BOARD OF COUNTY

COMMISSIONERS AND THE STATE OF COLORADO

(Same as Above except for Contract Renewal)

R98-66g RESOLUTION TO ESTABLISH EARLY VOTING CRITERIA FOR

1998 ELECTIONS

R98-67g RESOLUTION TO ESTABLISH POLLING PLACES

R98-68g RESOLUTION TO DETERMINE ELECTION JUDGES

COMPENSATION

Motion carried 3 - 0.

7. SUPPORT FOR ARTS IN THE PARK: Commissioner Disney introduced Paul Saunders, President of the Cultural Arts Council of Estes Park. Mr. Saunders informed the Board of a national touring art show coming to Estes Park June 6 through June 28, 1998; he noted that the show will in held in the large gymnasium in the new middle school and the value of the 100 paintings in the exhibit will be over $1,000,000. and there will also be paintings from local artists for sale. Mr. Saunders stated that bringing this exhibit to Estes Park is a big undertaking for the Arts Council because they are a small arts agency and he expressed appreciation to the Commissioners for their support.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners contribute $500.00 from the Commissioners Special Project Fund for the purpose of helping to fund the presentation of the Arts for the Parks Exhibit in Estes Park.

Motion carried 3 - 0.

8. LOVELAND ECONOMIC DEVELOPMENT DISCUSSION: At this time, County Manager Frank Lancaster, Budget Manager Bob Keister, Don Churchwell, member of the Loveland Economic Development Council, Brian Moeck, Loveland City Manager, and Roland Mower, member of the Fort Collins Economic Development Council, joined the meeting for this discussion.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners go into Executive Session at 10:15 a.m. to discuss contract negotiations with the above-mentioned persons.

The Executive Session ended at 11:00 a.m.; no action taken.

At this time County Attorney George Hass joined the meeting for legal matters.

9. LEGAL MATTERS: Mr. Hass presented two Quit-Claim Deeds for the Board to sign, which he noted the Board previously approved and signed on April 6, 1998; however, Mr. Hass stated that the chronology of events was not in order at that time and therefore the Board needs to re-sign the Deeds at this time.

M O T I O N

Commissioner Disney moved that the Board of County Commissioners approve the Quit-Claim Deeds for Lots 13 through 29 and the entire alley adjacent to Lots 18 through 23, and for an undivided one-half interest in Lots 1 through 7, the easterly 150 feet of Lots 8 through 12, Lots 40 through 47; the entire alley adjacent to Lots 1 through 7; and the alley adjacent to Lots 40 and 47, both documents for Block 31 in the City of Fort Collins, CO.

Motion carried 3 - 0.

D98-05 QUIT-CLAIM DEED FOR TRANSFER OF PROPERTY (BLOCK 31)

TO THE LARIMER COUNTY BUILDING AUTHORITY

D98-06 QUIT-CLAIM DEED FOR EQUAL DIVISION OF PROPERTY

(BLOCK 31 IN CITY OF FORT COLLINS, COLORADO) BETWEEN

LARIMER COUNTY AND THE CITY OF FORT COLLINS, CO.

Mr. Hass also requested Board approval and the Chair's signature on two Right-of-Way Easements on the Ute Farm property; he noted that these documents need to be signed by Larimer County, the City of Fort Collins and the City of Loveland to convey to Loveland some road right-of-way for 57th Street adjacent to the south side of the property.

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners approve the two Grant of Easement and Right-of-Way Agreements between Larimer County, Colorado, the City of Fort Collins and the City of Loveland, and authorize the Chair to sign same.

Motion carried 3 - 0.

A98-66 GRANT OF EASEMENT AND RIGHT OF WAY AGREEMENT

BETWEEN LARIMER COUNTY, CITY OF FORT COLLINS AND

THE CITY OF LOVELAND (As described in Exhibit A)

A98-67 GRANT OF EASEMENT AGREEMENT BETWEEN LARIMER

COUNTY, CITY OF FORT COLLINS, AND CITY OF LOVELAND

(As described in Exhibit B)

Mr. Hass discussed a budgetary matter with the Board; he noted that for the first time Larimer County is filing a dependency and neglect case with the Supreme Court of the United States and had to file 50 copies of a brief, which cost $1,306.01 for printing. Mr. Hass stated that ordinarily Social Services would pay for this expenditure, except this is an extraordinary expense, and he asked the Board if they would be willing to pay this bill out of the County General Litigation Budget.

M O T I O N

Commissioner Clarke moved that the Board of County Commissioners authorize the expenditure of $1,306.01 out of the County General Litigation Budget, as requested.

Motion carried 3 - 0.

10. WORKSESSION:

-- Review of Year with Local Legislators: Mr. Gluckman informed the Board that the Legislative session ends next week and the Board usually meets with the local legislators to review the year and recognize them for their hard work. Mr. Gluckman asked if the Board wants to do that again this year; the Board responded in the affirmative.

-- Economic and Growth Impact Model for the Region: Mr. Gluckman informed the Board that the regional managers have been discussing and wish to move forward with doing an economic and growth impact model for the region; he noted that the cost for building this model is about $80,000 and they have already received $25,000 from the Department of Local Affairs. Mr. Gluckman stated that they are going to submit another Smart Growth Grant to obtain additional funding; he noted that he volunteered to write the grant, which is due in two weeks. Commissioner Disney asked if Jackson County should have been included in this regional managers group; Mr. Gluckman stated that they might be included in the second round. The Board indicated that they would like to extend a hand of friendship to Jackson County as they work on this model for the region.

-- Invitations: Ms. Hart reviewed the pending invitations with the Board.

11. COMMISSIONER REPORTS:

-- Commissioner Clarke asked Mr. Gluckman when the Board will be meeting again with the Poudre School District and representatives from the City of Fort Collins regarding the land south of Fossil Creek; Mr. Gluckman stated that the meeting is tentatively scheduled for May 13, 1998.

-- Chair Olson reported that HB1390 (Land Use Board of Adjustment) has passed both the House and Senate and is on the way to the Governor's Office; the Board expressed appreciation to Bill Kaufman and Stan Matsunaka for their hard work on this Bill.

-- Commissioner Clarke informed the Board that he has been invited to make a presentation at the Summer CCI Conference on the "Code of the West".

The meeting adjourned at 11:20 a.m.

___________________________________________

CHERYL OLSON, CHAIR LARIMER COUNTY

BOARD OF COMMISSIONERS

( S E A L )

ATTEST:

_________________________________________

Sherry E. Graves, Deputy County Clerk

__________________________________________

Gael M. Cookman, Deputy County Clerk